Administrative arrest for failure to pay a traffic fine
Failure to pay traffic fine
Motorists know that traffic accidents involve monetary penalties. According to the law, “chain letters” are required to be paid for. Ignoring these requirements will result in delays and accumulation of driver debts. As a result, negligent car owners may face forced debt collection through bailiffs. Failure to pay a traffic police fine is an administrative offense that is punishable in accordance with the Code of Administrative Offenses of the Russian Federation.
What is non-payment of a fine?
Non-payment is considered a delay in transferring funds to the bank account of the local traffic inspection office. The time allotted for debt repayment is considered to be a period of 60 days. A 10-day period is also taken into account during which the violator has the right to appeal the traffic police inspector’s report.
On a note! At the end of 70 days, traffic police officers wait another 10 days, after which they transfer the case to the bailiffs. This practice allows you to process a payment that was sent on the last day of the payment deadline. If the money has not been received into the bank account, the violator will be charged with non-payment to the traffic police.
Thus, non-payment is generally considered to be deliberate or otherwise ignoring the payment of a fine for committing an accident. And it doesn’t matter what size the debt will be. In case of delay, the amount is subject to additional duties in the form of penalties.
Who can collect fines?
Many car owners are wondering who is involved in the case if they are summoned to court under a subpoena? But the court does not initiate, but only considers cases transferred to it by inspectors or bailiffs (clause 12, part 5, article 28.3 of the Code of Administrative Offenses of the Russian Federation). The main claim will be a protocol on an administrative offense on the road. The document is drawn up by a traffic police inspector directly at the scene of the accident or a little later.
Features of collection:
While patrolling the road situation, traffic police inspectors have the right to stop vehicles to check documents. Sometimes the police know the license plate number and make of the car of malicious toll evaders. But most often, current debts are found out from a remote database, which is available to all traffic police inspectors. Having discovered an unpaid fine, the validity period of which has not exceeded the prescribed norm, the traffic police officer issues a protocol on an administrative violation.
According to the law, a traffic police inspector also has the right to detain a negligent driver and take him to court to clarify the circumstances of non-payment. The time of detention on a non-working day can be up to 48 hours (Article 27.5 of the Code of Administrative Offenses of the Russian Federation).
It is in the driver’s interests to pay the debt to the traffic police on time. Otherwise, administrative measures will be applied to him in accordance with the Code of Administrative Offenses of the Russian Federation.
Liability for non-payment
Perhaps there is no need to remind you what the consequences are for failure to pay a traffic fine within the time period allotted by law (60 days + 10 days). By leaving things to chance, the car owner risks parting with a much more serious amount than what is stated in the payment receipt.
Penalties for non-payment in 2017:
- Imposition of a second fine in the amount of the unpaid debt (in total, the violator will be forced to pay the debt in double amount);
- Mandatory work up to 50 hours;
- Temporary restriction of freedom for up to 15 days.
- The likelihood of a ban on traveling abroad (if the amount of debt is over 10 thousand rubles and there is a court order).
Important: An arrest is allowed only if the offender was stopped by a traffic police inspector. Recording with video cameras does not apply to this circumstance.
It is equally important to figure out whether a driver’s license can be revoked for late payment? There are no explanations in the law on this matter, which means that drivers are not threatened with such a measure. However, experts advise taking debt payment receipts with you on your trip. This will save the driver from being dragged around ships by inspectors and having the car evacuated to a special parking lot.
Statute of limitations for non-payment of traffic fines
When faced with paying fines, you should remember: the law has statutes of limitations and deadlines for appealing such decisions (Article 31.1 of the Code of Administrative Offenses of the Russian Federation). The 10-day appeal period begins from the date of the court's decision. For example, the driver was issued an administrative violation report, and the inspector took the case to court. After a court ruling is issued, the car owner is given 10 days to appeal the verdict to a higher court. Even if an appeal does not occur, the specified period of time will be included in the total time to pay the debt.
The statute of limitations for fines is 2 years. During this time, the violator must pay off existing debts (fine, late payment, penalties, etc.). If the amount is not repaid and the statute of limitations expires, the court has no right to demand that the driver pay a fine. In fact, restrictions on leaving the country are also removed from the driver.
Author of the article: Petr Romanovsky, lawyer In 2000, he graduated from the Faculty of Law of the National Research University Higher School of Economics. She has been working in the legal field for 16 years, specializing in resolving housing disputes, property transactions, family matters, inheritance, land disputes, and criminal cases.
Is it possible to be arrested for failure to pay a traffic fine in 2019?
No one, even experienced motorists, is immune from violating traffic rules and receiving a fine.
A certain time is given for its payment. If it has expired and you have not paid the required amount, you face sanctions under the Code of Administrative Offenses of the Russian Federation. It doesn’t matter why you didn’t pay - you were sick, on a business trip, on vacation, etc. Responsibility will still catch up with you.
The traffic police do not need excuses for non-payment - guilt is automatically recognized.
Not only late payment, but also partial payment of the fine is considered a violation. If the amount has reached an impressive size (for example, the driver has accumulated a dozen fines), bailiffs can take over the case. We will tell you further what the offender faces.
Deadline for paying traffic police fines in 2019
It is indicated in Part 1 of Art. 32.2 Code of Administrative Offenses of the Russian Federation. The driver is given 60 days to deposit the money. The countdown begins from the moment the decision to impose a fine comes into force.
In practice, the period for paying the fine is 70 days, since 10 days are provided for appealing the verdict. Only after their completion the document comes into force.
You have 60 days to pay the fine.
It is a common belief that if you do not receive a letter in the mail, you will be able to avoid a fine. This is not true. As soon as the storage period expires, the letter will be returned to the traffic police and the countdown will automatically begin. So you will have to pay a fine.
If the receipt is generated automatically, the period is counted from the date of receipt of the letter by mail.
Punishment for non-payment of traffic fines
If you do not pay the required amount on time, sanctions cannot be avoided. The punishment depends on the severity of the offense committed.
The defaulter will have to pay twice the fine. In addition, he faces arrest for up to 15 days or compulsory work for up to 50 hours. Part 1 of Art. speaks about this. 20.25 Code of Administrative Offenses of the Russian Federation.
If you have nothing to pay, you can ask for an installment plan or pay off the debt in installments.
Foreign citizens also face punishment, but they are not subject to the provisions of the Code of Administrative Offenses of the Russian Federation on the possibility of deferring payment. Sanctions do not apply to citizens who violate the provisions of Art. 11.26 and art. 11.29 of the Code of Administrative Offenses of the Russian Federation using vehicles owned by foreign carriers.
Is it possible to avoid responsibility?
The preparation of a protocol on an administrative violation is carried out by traffic police officers or bailiffs. If they forgot to issue it, then officials have 2 months to issue it.
When the case is considered by the court, this period is extended to 3 months. If time runs out, the case will be closed.
You should not hope that the traffic police officer will not issue a report on you.
There is a chance that you will not be seen by a traffic inspector for 2 years. In this case, the fine will “burn out”.
But if you are stopped, sanctions cannot be avoided. Traffic police officers check the availability of fines in the database. If they see an overdue fine, they will file a report against you for failure to comply with obligations.
What happens for failure to pay a fine if you are stopped?
Considering that one of the punishments under the Code of Administrative Offenses of the Russian Federation is arrest for up to 15 days, law enforcement officers can detain you. And this is completely legal.
Further, the situation can develop according to one of two scenarios:
- on a working day - you will be immediately taken to court, which will decide on your future fate;
- on a holiday or weekend - you will spend time in a cell, after which you will go to court. Time limit: up to 48 hours.
Don't forget to say goodbye to the car - it will be placed in the impound lot. Later, you will have to pay for the services of a tow truck and pay money for leaving the car in a paid parking lot.
Don’t try to hide - pay the fine and drive safely on the roads.
Can a fine be collected by force?
If after 60 days you still have not paid the fine, traffic police officers will transfer the case materials to the bailiff service.
Bailiffs have a lot of options for putting pressure on the defaulter. They can seize your property, seize bank accounts, or deduct a certain amount from your salary.
If, after the initiation of enforcement proceedings, you do not repay the debt, you will be additionally charged an enforcement fee in the amount of 7% of the amount of the debt, but not less than 500 rubles.
After the initiation of enforcement proceedings, you have 5 days to voluntarily repay the debt.
Can rights be taken away for debts?
Bailiffs are vested with such powers. They have the right to temporarily limit your ability to drive. But your license can be seized if the debt exceeds 10 thousand rubles.
The exact period of the sanction has not been determined - the certificate will remain in the FSSP department until the defaulter repays the debt.
Rights can be taken away if the amount of debt exceeds 10 thousand rubles.
It is important to separate the concepts of deprivation and limitation of rights. In the second case, the motorist retains the right to drive a car, but he cannot use it for some time.
Rights can be seized only by court decision. Based on it, the bailiff will make a decision. A copy of the document will be sent to you.
If you do not react in any way, you will be held accountable under Art. 17.17 Code of Administrative Offenses of the Russian Federation. This includes community service for a period of up to 50 hours, as well as deprivation of a driver’s license for up to 1 year.
The driver's license is kept by the bailiffs. You must bring it yourself. Duration: 5 days. If you manage to pay the fine during this time, you will remain with your license.
To avoid unpleasant situations, periodically check for fines on the traffic police website.
If the amount of debt exceeds 30 thousand rubles, you will be prohibited from leaving Russia. Often debtors find out about this only at the border.
We recommend paying fines on time, and in case of forced delay, not hiding from the police and the court, but paying the required amount.
Statute of limitations for paying traffic fines
- Statute of limitations
- — statute of limitations for fines from cameras
- - expiration date for bailiffs
- Due date
- If you don't pay the fine
- - if the fine is overdue
- — does a subpoena arrive?
- Question answer
The article is quite complex for an unprepared user (without experience in understanding the laws), so let’s start with a question and answer, and if you are interested in the details, read the entire article :)
Question answer
Within 60 days from the date of entry into force of the resolution. (within 70 days from the date of delivery of the decision)
If payment is not made, the traffic police fine will be canceled after two years.
There is no deadline for writing off traffic fines, that is, it will always be in the database, it is important that it is paid.
No, the case is closed upon application when the fine expires.
The period for enforcement proceedings on traffic police fines is 2 years; after this period you cannot be held accountable, but the fines are not reset.
You will have 60 days from the date of entry into force of the resolution to make payment. (within 70 days from the date of delivery of the decision)
You will have 60 days from the date of entry into force of the resolution to make payment.
A fine of double the amount, but not less than 1000 rubles.
Arrest up to 15 days.
Mandatory work until 15:00.
Within 20 days from the date of receipt of the decision.
If traffic police fines are not paid on time, they can issue a fine of double the amount, but not less than 1000 rubles, arrest for up to 15 days, and assign compulsory work for up to 15 hours. If the amount exceeds 10,000 rubles, they may be prohibited from leaving the country and removed from driving the vehicle.
If you do not pay a fine for a long time, this may become a reason for applying more serious sanctions against you. To prevent this from happening, we advise you to familiarize yourself with all the pitfalls in this matter.
What is the statute of limitations for traffic fines?
There are three situations when the statute of limitations is considered:
The inspector stopped him for violating traffic rules, but did not issue an order.
The case was brought to court, but you have not yet been summoned to the hearing.
You have been ordered to pay a fine.
In each case, there is a period after which you will not be held accountable.
There are often situations when a traffic police officer stopped you and returned your documents, but at the same time informed you that he would draw up a protocol later and you would need to drive up and pick it up.
Remember, until you receive the resolution in your hands, it cannot enter into legal force.
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if within two months you have not been issued a decree and have not handed it over, then they simply do not have the right to hold you accountable.
Your case was sent to court, but there is no result of the hearing within 3 months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire and will simply be irrelevant.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation
Therefore, if you have any fines, you should be careful on the road, because if you are stopped by an inspector, he will most likely check you for debt in relation to administrative offenses.
Is there a statute of limitations for fines from cameras?
As you know, not all violations can be recorded by a video camera, but a resolution will still be drawn up and sent to your postal address at the place of registration.
Often, such letters take a long time to reach the recipient or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
What is the expiration date for traffic police fines issued by bailiffs?
When a ruling is made, you are given 10 days to appeal it. If the driver decides not to appeal, then after this period he will have 60 days to find funds and pay the debt. But the most interesting thing will happen when these two months pass. The case will be brought to court, after which, within 24 months, bailiffs will begin to look for you, and any ordinary checks by a traffic police officer may result in administrative arrest.
In other words, the shelf life of fines issued by bailiffs is equal to the statute of limitations in the traffic police, that is, two years.
But, we remind you that if you do not send the corresponding application to the traffic police after two years, then as soon as you are “identified”, the case can be resumed.
Deadlines for payment of traffic police fines by law
Once you are issued a ruling, you will have 10 days to appeal it.
A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation
After this, the period for paying traffic police fines begins, since the document comes into force after the end of the period provided for appeal.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation
Based on what is written above, you are given time to pay off the fine, which is 60 days.
If you are sure that you will not appeal and want to pay the debt as soon as possible, then first check whether your violation falls under one of the following:
Driving a vehicle that is not registered in the prescribed manner (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).
Driving or handing over the steering wheel to a person who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
Repeated speeding (parts 6 and 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Repeated driving through a red traffic light (Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
Repeated entry into the oncoming lane (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Repeated movement in the opposite direction on a one-way road (Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Causing minor or moderate harm to health (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
Drinking alcohol after an accident (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
If your violation is not on this list, then from the date of the decision, within 20 days you will be given a 50% discount to pay the fine.
What happens if you don’t pay the traffic police fine?
Traffic police fines may not be paid within 70 days from the date of delivery of the decision, where 10 days are given for appeal. However, after this period of time, liability is provided for non-payment of traffic police fines, which is regulated by part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
In other words, if you are in debt, the fine for non-payment will be twice the amount of the fine, but not less than 1000 rubles.
But, according to Part 3 of the Note to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, if you do not pay traffic police fines from cameras, then arrest is not applied.
Administrative arrest provided for in Part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating automatically and having the functions of photography, filming, and video recording. , or means of photography, filming, and video recording.
Part 3 Notes to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
We can conclude that if you have not paid the traffic police fine received using photo or video cameras, then you should either pay it with a 50% discount before it becomes twice as large, or hope for the statute of limitations. Read more about the 50 percent discount here.
What to do if the fine is overdue?
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off.
When the traffic police fine is not paid within 60 days, the court, in most cases, imposes an administrative fine of double the amount, unless, of course, you are a persistent defaulter. To avoid harsher punishment, it is better to pay the specified amount.
If you do not pay the fine for more than a year, and traffic police officers do not stop you for checks, and a summons to court does not arrive in the mail, then the bailiffs are not looking for you and you can wait until the expiration of the statute of limitations (2 years) and close this fine after this period has expired. State traffic inspectors.
Are they summoned to court for failure to pay a fine?
What kind of administrative punishment to impose on you for failure to pay a fine is decided by the court, and bailiffs will monitor its implementation.
To conduct a hearing, you will definitely be summoned to court to serve a repeated ruling indicating the violation and the sanctions against you:
Double fine.
Arrest up to 15 days.
Mandatory work until 15:00.
Also, if the amount of debt is more than 10,000 rubles, then the bailiffs have the right to impose on you a ban on leaving the territory of the Russian Federation (clause 1, part 1, article 67 of the Federal Law of October 2, 2007 No. 229-FZ), as well as a temporary restriction on the use of a special right in the form of driving a vehicle (deprivation of rights).
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the enforcement document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use of the debtor special right. If the requirements of the executive document for the collection of an administrative fine imposed for violating the procedure for using a special right are not fulfilled, the debtor may be limited in the use of only this special right.
Part 2 of Article 67.1 of the Federal Law of October 2, 2007 No. 229-FZ
As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have 5 days to voluntarily pay off your debts, otherwise, otherwise, you will not be released from the country, removed from driving the vehicle, and also blocked funds in accounts.
The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.
Part 12 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ
To avoid all this red tape and not regret what you have done, we advise you to periodically check for fines, as well as make timely payment of debt.
When is an administrative arrest for 15 days possible for failure to pay a traffic fine?
The legislation provides for certain measures of driver liability for late payment of fines. This is mandatory work, double payment and administrative arrest for failure to pay a traffic police fine. The choice of the type of punishment depends on the decision of the court, which takes into account the severity of the violation, mitigating circumstances and other nuances.
Can they be imprisoned for 15 days for deliberate failure to pay a fine?
The law defines liability for unpaid fines, providing, among other penalties, administrative arrest for 15 days. The judicial authority has the right to apply this penalty if the driver’s guilt in violating traffic rules is proven and serious. Repressive measures in the form of assigned work for up to 50 hours and the imposition of a fine of double the amount may be considered insufficient in this case.
If any type of punishment is applied to a fine, the originally issued fine must be paid. In any case, the violator will pay the total amount of fines.
An employee of this service has the right to detain a citizen who has a debt to the traffic police service after checking the database in accordance with Article 20.25 of the new edition of the Code of Administrative Offenses of the Russian Federation. If, after checking the unified database, he determines that the detainee has not paid the fine, he can arrest the driver. Only a police officer or a state traffic inspector, as well as a bailiff, have the right to initiate a case for non-payment of a traffic fine and draw up a protocol on administrative detention. They cannot impose an arrest for a period of fifteen days - this is the prerogative of the exclusively judicial authority.
The trial usually takes place at the place of the incident, but can be moved to the place of residence at the request of the detainee. Art. 106 of the Code of Criminal Procedure of the Russian Federation states that posting bail for the purpose of release in this situation is not provided. A motorist brought to administrative responsibility must pay the money no later than 60 days from the date of entry into force of the relevant resolution.
There is a nuance: the car owner is given 10 days to appeal the court decision. That is, the payment deadline is theoretically 70 days.
As for the procedure for executing a court decision on arrest, it is clearly defined. The corresponding decision of the judge is executed immediately by local internal affairs bodies. A person subject to deprivation of liberty must be kept in a place designated by the internal affairs body, usually in a temporary detention facility. The duration of detention should not exceed fifteen days. The procedure for serving arrest is established by the Government of the Russian Federation.
If the detention has already been legally formalized, then an emergency payment of money for a fine will not save the situation.
When there is no provision for arrest or detention
Imprisonment is not a mandatory form of penalties. If the judge deems it possible, the culprit may get off with a double fine in the established amount or compulsory labor. When making a verdict, many factors are taken into account - the degree of guilt, malicious evasion of payment, the financial situation of the citizen, etc. If the judicial authority deems it necessary, the situation may be resolved in a different way.
In addition, there are a number of provisions in the legislation of the Russian Federation that prohibit the use of this type of repressive measures, such as arrest, for a certain circle of people. The following are not subject to detention:
- persons under the age of majority;
- disabled people of groups 1 and 2;
- pregnant women, as well as women with children under 14 years of age;
- employees of the Ministry of Internal Affairs and GUIN, customs officers, military personnel, firefighters.
In addition, imprisonment is not provided for after two years after the fine is issued. In the traffic police database, the fine amount will be listed as unpaid, but the driver’s obligation to pay it will expire.
There are several other reasons that prevent detention.
- You can avoid being taken into custody for medical reasons. Citizens subjected to administrative arrest by court decision are required to undergo a medical examination. If it turns out that the harsh regime is contraindicated for a person for health reasons, he will be released.
- The maximum period of imprisonment cannot be applied to a person of foreign origin who was expelled from the Russian Federation simultaneously with the arrest order.
- If a traffic violation was recorded by video recording technology, the perpetrator is not subject to arrest.
The judge may take into account force majeure circumstances. These include sudden significant material damage to the detainee or the death of his relatives.
Is it possible to arrest for paid penalties?
A person can also be arrested for fines that have already been paid. This will happen in the case when traffic police fines are paid in full, the payment deadline is met, but this is not reflected in the database. That is, a person has deposited money, but there is a hypothetical probability that the prospect of arrest will loom before him even for the amount paid. This is why it is important to keep your bank receipt for at least a year.
Where to check your administrative fines
Sometimes the driver simply forgets about the penalty imposed. Then, over time, it becomes necessary to check your presence on the list of debtors. The easiest way to do this is on the official website of the traffic police. You can find your unpaid administrative fine here if you go through the menu chain “Services” - “Checking fines”. In the last window, you must indicate the license plate number of your car and vehicle registration information. Then click on the “Request Verification” button.
Fines for violating traffic rules should be paid promptly. After all, in addition to arrest, the defaulter may face other unpleasant events. For example, a bailiff can confiscate and take away some valuable item from a penalty officer. There may also be problems with traveling abroad and passing a technical inspection.
Having received a summons to court for failure to pay a fine from the State Traffic Safety Inspectorate, you should immediately appear at the hearing, bringing with you the paid receipt. This is the only way to avoid trouble.
Administrative arrest for failure to pay a fine
In August 2017, he received a fine of 1,500 rubles. I simply forgot to pay.
At the end of October I got into an accident.
A document was drawn up accordingly.
Today the court called and informed about the hearing on Friday, 12/8/17.
What actions should you take to avoid administrative arrest?
Pay the fine and bring the receipt to the court.
Indicate as it is that the receipt was lost and the fine was forgotten.
The court will probably fine you double the amount. You will have to pay immediately and bring the receipt to the judge.
For the first time under Art. 20.25 Code of Administrative Offenses of the Russian Federation and this is what happens.
Is it possible to just not go to the meeting?
Is it possible to just not go to the meeting?
It is possible, but they can either decide to impose a double fine or several days of administrative arrest.
In fact, the question is very important and I would not advise you not to go. Judges are people too, and they don’t really like it when people don’t come to their meetings, since they are forced to be postponed, and thereby waste time.
You can pay the fine and write a statement to have the case considered without you. At the same time, you can take these documents and hand them over to the expedition of the court to hand them over to the judge.
Part 1 Art. 20.25 of the Code of Administrative Offenses of the Russian Federation provides not only for arrest, but also for a fine!
Code of Administrative Offenses of the Russian Federation Article 20.25. Evasion from execution of administrative punishment
1. Failure to pay an administrative fine within the period provided for by this Code -
shall entail the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Therefore, I suggest that you submit a request to familiarize yourself with the case materials, to allow any person to participate as a defense attorney, and also during the court hearing to declare mitigating circumstances, for example, that you have not previously been brought to administrative responsibility,
Article 4.2 of the Code of Administrative Offenses of the Russian Federation.
Circumstances mitigating administrative liability Art.
4.2 of the Code of Administrative Offenses of the Russian Federation 1. The following circumstances are recognized as mitigating administrative liability : 1) repentance of the person who committed the administrative offense;
2) voluntary cessation of unlawful behavior by the person who committed the administrative offense;
3) voluntary reporting by the person who committed the administrative offense to the body authorized to carry out proceedings in the case of an administrative offense, about the administrative offense committed;
4) assistance by a person who has committed an administrative offense to the body authorized to carry out proceedings in the case of an administrative offense in establishing the circumstances to be established in the case of an administrative offense;
5) prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense;
6) voluntary compensation by the person who committed the administrative offense for the damage caused or voluntary elimination of the damage caused;
7) voluntary execution, before a decision is made in a case of an administrative offense, by a person who has committed an administrative offense, of an order to eliminate the violation issued to him by the body exercising state control (supervision) and municipal control;
8) committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;
9) commission of an administrative offense by a minor; 10) commission of an administrative offense by a pregnant woman or a woman with a young child
Code of Administrative Offenses of the Russian Federation Article 25.5. Defender and Representative
1. To provide legal assistance to a person against whom proceedings are being conducted for an administrative offense, in proceedings for an administrative offense
For reference, your rights:
Code of Administrative Offenses of the Russian Federation Article 25.1. A person against whom proceedings are being conducted for an administrative offense
1. A person against whom proceedings are being conducted for an administrative offense has the right to familiarize himself with all the materials of the case, give explanations, present evidence, file petitions and challenges, use the legal assistance of a defense attorney, as well as other procedural rights in accordance with this Code.
Usually, the cancellation of a decision in a case of an administrative offense is caused by a violation of the rules of substantive law (incorrect application of the law) or the rules of procedural law (the procedure for bringing to justice, for example, an incorrectly drawn up protocol).