What is the budget for traffic police fines?

Letter of the Ministry of Finance of the Russian Federation dated March 23, 2012 No. 02-04-11/986 On the transfer to the budget of monetary penalties (fines) imposed for administrative offenses in the field of road traffic

The Ministry of Finance of the Russian Federation in connection with incoming requests from the financial authorities of the constituent entities of the Russian Federation on the issue of crediting to the budget monetary penalties (fines) imposed in accordance with the provisions of Chapter 12 of the Code of the Russian Federation on Administrative Offences, according to the corresponding codes for the classification of budget revenues of the budget classification of the Russian Federation Federation (hereinafter referred to as KDB codes), reports.

In accordance with Article 31 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, Article 46 of the Federal Law of November 8, 2007 N 257-FZ “On Highways and Road Activities” in the case and in the manner that established by the legislation of the Russian Federation, persons who have violated the legislation of the Russian Federation:

on road safety;

regarding roads and road activities bear, among other things, administrative and criminal liability.

Monetary penalties (fines) for violations of the specified legislation of the Russian Federation are provided for in the articles of chapters 11, 12 of the Code of Administrative Offenses:

12.1 - 12.21, 12.22 - 12.32, 12.35 - 12.37 (monetary penalties (fines) for violation of the legislation of the Russian Federation on road safety);

11.21, 11.22, 11.29, 12.21.1, 12.21.2, 12.33, 12.34 (monetary penalties (fines) for violations of the legislation of the Russian Federation on highways and road activities).

In accordance with the provisions of subparagraphs 6.1, 6.2, 7 of paragraph 1 of Article 46 (as amended in force in 2012), Articles 51, 57, 62 of the Budget Code of the Russian Federation (hereinafter referred to as the Code), the amounts of monetary penalties (fines) imposed (assigned) for administrative offenses and criminal offenses in the field of road traffic are non-tax revenues of the federal budget, budgets of constituent entities of the Russian Federation, local budgets and are subject to credit to the budgets of the budget system of the Russian Federation in the following order:

for violation of the legislation of the Russian Federation on road safety - to the budgets of the constituent entities of the Russian Federation according to the standard of 100 percent;

for violation of the legislation of the Russian Federation on highways and on road activities (with the exception of the legislation of the Russian Federation on highways and on road activities, which establishes the rules for the transportation of large-sized and heavy cargo on public roads of federal, regional or intermunicipal, local significance) - to the budgets municipal districts, city districts, federal cities of Moscow and St. Petersburg at the location of the body or official who made the decision to impose a monetary penalty (fine), according to the standard of 100 percent.

for violation of the legislation of the Russian Federation on highways and on road activities, which establishes the rules for the transportation of large-sized and heavy cargo on public roads of federal, regional or intermunicipal, local significance - respectively to the federal budget, the budget of a constituent entity of the Russian Federation, the local budget according to the standard of 100 percent.

To take into account in 2012 the specified monetary penalties (fines) in the budget revenues of the budget system of the Russian Federation, Appendix 1 to the Instructions on the procedure for applying the budget classification of the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated December 21, 2011 N 180n, approved the KDB codes, respectively:

“1 16 30020 01 0000 140 Monetary penalties (fines) for violation of the legislation of the Russian Federation on road safety”;

“1 16 30030 01 0000 140 Other monetary penalties (fines) for traffic offenses”;

KDB codes included in the KDB code of the aggregation “1 16 30010 01 0000 140 Monetary penalties (fines) for violation of the rules for the transportation of large and heavy cargo on public roads.”

What is the budget for traffic police fines?

At the beginning of 2018, about 43,540,000 passenger cars were registered in Russia. It is also known that on average in the country there are 296 passenger cars per 1,000 inhabitants. The most automobile regions according to this indicator are: Primorsky and Kamchatka territories, Moscow and Kaluga regions, and the Republic of Karelia.

Figures, facts and law

Motorists systematically violate traffic rules. Now, in the age of information technology, after violations they receive “chain letters”, or you can track your fines in a special mobile application. Thus, the most common fine for drivers in Russia is a fine for exceeding the speed limit. This can largely be explained by the presence of photo and video recording systems that take many pictures every day. It turned out that the most reckless drivers are in the Ryazan, Kostroma and Nizhny Novgorod regions.

In second place in terms of violations in most regions is non-compliance with the requirements prescribed by road signs or markings. In third position – driving along the side of the road.

According to the Zarulem.rf website, the top ten most common traffic violations also included: driving in the public transport lane; non-payment of parking; driving beyond the stop line and driving through a prohibiting traffic light signal or a prohibiting signal from a traffic controller; violation of parking rules and failure to fasten a seat belt.

However, each region has its own specifics. Thus, the Top 5 most popular traffic violations in Moscow included:

— speeding from 40 to 60 km/h;

— failure to comply with the requirements prescribed by road signs or markings;

— driving along the side of the road;

— driving in the public transport lane;

It is interesting to compare the capital's top 5 with the five most popular violations in Dagestan (this region stands out most noticeably from the general list):

— lack and delay of insurance;

— violation of tinting rules;

— speeding from 20 to 40 km/h;

Moreover, experts even found out which car owners violate traffic rules more often. In Russia, owners of expensive car brands receive fines more often than others, in particular, Infiniti, BMW, Mercedes-Benz, Audi and Lexus. These conclusions are drawn from a 2017 analysis.

“The first conclusion that comes to mind is that fines, including large ones, are a weak deterrent for owners of expensive and powerful cars of luxury brands. The absence of a progressive scale leads to the fact that for wealthy Russians, fines for speed, “failure to allow a pedestrian to pass,” or failure to fasten a seat belt, are intuitively perceived as a subscription fee for permissiveness on the road,” the authors of the study note. And they complain that in Russia there are no legally established measures of influence on those drivers who regularly receive a large number of fines for traffic violations.

Read more: Types of road accidents

Now let’s look at some types of violations and the amount of fines for them. For example, for speeding, the amount can vary from 500 rubles to 5,000 rubles. Driving on bicycle or pedestrian paths or sidewalks in violation of the Traffic Rules will cost 2,000 rubles. For driving in the opposite direction on a one-way road, either a fine of 5,000 rubles or deprivation of rights for 4-6 months is provided.

Please note that the fine must be paid within 60 days. If you do not do this, you may be brought to administrative liability in the form of a fine of twice the amount, or in the form of arrest for up to 15 days, or in the form of compulsory labor for up to 50 hours.

Where does the money go?

Recently on Channel One there was a story about car fines. I’ll make a remark right away: I only watch news programs on TV, and then only to keep abreast of the latest events. So, in the news story they tried to find out where the fines go: to the budget or into the pockets of private companies? They cited Volgograd deputies as an example, who recently asked themselves this question. The numbers surprised them greatly.

“Every year, the regional budget receives from a billion to a billion 200 million rubles in fines. They asked: but those commercial partners with whom service agreements have been concluded, how much do they receive? And the figure was announced - more than 500 million rubles,” said deputy of the Volgograd Regional Duma Mikhail Tarantsov.

According to the deputy, if instead of private owners the same work was carried out by a state institution, then servicing the cameras would cost only 30 million. But the administration of the Volgograd region explains: public-private partnership is legal and all expenses are justified. This is how they work in the Sverdlovsk, Nizhny Novgorod regions, Krasnoyarsk Territory and some other regions of Russia. In Makhachkala, in general, only a commercial company does this. But in the Saratov region, the entire video recording system is exclusively state-owned. They refused to cooperate with private owners.

“Firstly, a large percentage is taken from fines. It turns out that almost half. For example, a fine of 500 rubles, they usually take about 200-250 rubles for themselves. That is, we are much cheaper than private companies,” says Valery Khibarov, director of the Regional Navigation and Information Center.

Where is the concern for safety, and where does the video recording system turn into a profitable business? Drivers believe that they regularly find themselves in deliberately set traps.

The company, which, in accordance with the state contract, installs the mobile cameras, claims that where the tripod should be placed is decided not by them, but by the regional customer institution in agreement with the traffic police.

“These are places where three or more road accidents with victims occurred, or places selected based on an analysis of road conditions and traffic violations,” said Alexander Barsukov, director of a company that installs video recording cameras.

But drivers argue: there are more accident-prone places than those with the most tripods.

“Currently, the whole system is designed in such a way that the companies that service these cameras receive income from this. And as long as this is done this way, then, naturally, the cameras will be installed where it is beneficial for certain persons who service these cameras,” said Sergei Kanaev, head of the Federation of Car Owners of Russia.

The terms of the contracts differ in different regions: in some places firms receive a fixed amount, and in others a certain amount from each fine. But Volgograd deputies are confident: if the video recording system in the region is completely state-owned, it will save hundreds of millions of budget money. Starting next year, these funds should be directed only to the region’s road fund and spent on road repairs.

In the course of our activities, we personally encountered this topic. We received materials for audit where a certain organization “A” won a contract for a hundred million rubles to organize the process of producing and sending by registered mail decisions issued by the Centers for Automated Recording of Administrative Offenses in the Field of Traffic of the State Traffic Safety Inspectorate. Then organization “A” attracts firms “B” and “C” for this work, which perform functions within their competence. Moreover, company "B" also finds an intermediary - company "G". It turns out that organization “A” acts as a contractor, finding subcontractors who, in turn, also attract third-party organizations. Organization “A”, being a monopolist in the market, without performing any work, only by finding subcontractors, earns millions of rubles, while this money could be saved by concluding contracts directly with companies that are able to carry out this scope of work. But the fact is that initially the tender documentation is already written for a specific contractor. In our case, everything is done so that organization “A” wins. What emerges is such a long chain of contractors and subcontractors, as a result of which millions are simply written off and “saved” at each stage.

On June 4, Russian President Vladimir Putin signed a law according to which, starting from 2019, fines for violating traffic rules will be sent to regional road funds. Changes are made to clause 4 of Art. 179 of the Budget Code of Russia. The corresponding document was published on the official legal information portal. The initiator of the bill was the Russian Ministry of Transport to implement the president’s instructions regarding additional sources of income for road funds. The department believes that such a measure will double the cost of construction and reconstruction of regional roads.

As we have already said, currently fines for violating road safety legislation are transferred in full to regional budgets, and entities can spend them at their own discretion. It turns out that the heads of the constituent entities themselves decide what share will go to the road fund.

According to the Federal Treasury, the volume of income of the consolidated budgets of the constituent entities of the Russian Federation from the payment of such fines in 2016 amounted to about 60 billion rubles, and in 2017 - more than 67 billion.

“Starting January 2019, we will know for sure that all funds from fines for traffic violations will actually be used to maintain roads, repair them, or even create new regional highways. Previously, money from fines was washed away for necessary needs: for example, to close the “hole” in the budget in any sector. Now, since all the funds will be used for this, and not some part of them, much more money will be allocated for the road. Despite the fact that such a decision can be considered very positive, because the more money spent on roads, the better, it is impossible to maintain roads in normal condition with fines alone,” says automobile expert Anton Chuikin.

At the same time, he fears that regional authorities will not only try to increase the collection of fines through the traffic police, but will also sharply increase the number of new cameras for photo-video recording of traffic violations.

“With the targeted use of funds, the roads should really become better, and how much will depend on how intensively motorists violate traffic rules. However, now everyone is afraid that they will begin to receive a lot of fines, which will be issued not entirely legally.

Although even now such situations arise: somewhere they will unreasonably put up a sign at a much lower speed, for example, in the area of an abandoned settlement, and somewhere they will not remove it after repairs,” Chuikin said.

Meanwhile, the Ministry of Transport believes that this item is not the main, but an additional source of income for road funds.

“In accordance with the Budget Code, regional road funds are formed primarily from: excise taxes on automobile fuel, transport tax, interbudgetary transfers from the federal budget,” the Russian Ministry of Transport said.

We figured out where the money goes. How fairly the fines are issued is a completely different question. After all, erroneous traffic fines are not that uncommon these days. They arise as a result of computer errors or the inattention and absent-mindedness of operators of photo and video recording centers and traffic police inspectors. To appeal them, you need to contact the State Traffic Inspectorate or the court to prove your case. This can be done on the Internet, through the websites of the State Services and the State Traffic Safety Inspectorate. The grounds for cancellation of fines may include materials that must be provided to you at the automated recording center.

Now you know about your rights, but don’t forget about your responsibilities. Remember, on the road safety comes first - both yours and that of other drivers, passengers and pedestrians - so let's do it without violations.

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If you pay more, you drive more smoothly: roads will be repaired with fines

Putin sent fines for traffic violations to regional road funds

Starting next year, money from fines for traffic violations will be directed to regional road funds and spent exclusively on maintaining roads and building new ones. Experts say that regional officials will try to increase the number of traffic police cameras in order to collect more fines, and do not rule out the appearance of new traps on the roads.

On June 4, Russian President Vladimir Putin signed a law according to which, starting from 2019, fines for violating traffic rules will be sent to regional road funds. Changes are made to clause 4 of Art. 179 of the Budget Code of Russia. The corresponding document was published on the official legal information portal. The bill was initiated by the Russian Ministry of Transport to implement the president’s instructions regarding additional sources of income for road funds. The department believes that such a measure will double the cost of construction and reconstruction of regional roads.

“The adoption of the bill will increase the volume of regional road funds and will help improve road safety by increasing funding for work to improve the quality of roads,” says the explanatory note to the document.

The law comes into force on January 1, 2019.

Currently, fines for violating road safety legislation are transferred in full to regional budgets, and entities can spend them at their own discretion. It turns out that the heads of the constituent entities themselves decide what share will go to the road fund.

Automotive expert and presenter of Strana radio Anton Chuikin, in a conversation with Gazeta.Ru, notes that the reason for such changes was the “terrible state of regional roads” and such a bill could really improve their quality.

“Starting January 2019, we will know for sure that all funds from fines for traffic violations will actually be used to maintain roads, repair them, or even create new regional highways. Previously, money from fines was washed away for necessary needs: for example, to close the “hole” in the budget in any sector. Now, since all the funds will be used for this, and not some part of them, much more money will be allocated for the road. Despite the fact that such a decision can be considered very positive, because the more money spent on roads, the better, it is impossible to maintain roads in good condition with fines alone,” the expert asserts.

So, according to him, there is already a section on the Saransk-Nizhny Novgorod highway where there are cameras “at every kilometer.”

At the same time, the expert believes that the number of cameras does not directly affect the amount of money that will go to the budget: these amounts depend directly on the number of violations committed by motorists.

In turn, the coordinator of the Blue Buckets movement, Pyotr Shkumatov, in an interview with Gazeta.Ru, recalled that regional authorities had been asking for such a law for a long time. Then local officials discovered that traffic police fines were very convenient for plugging holes in the budget: in some regions there were even plans for fines that should be recorded by video cameras.

“The number of cameras is growing exponentially every year: this year there will be more of them in the regions, and next year even more. It is also necessary to pay attention to the public-private partnership system, in which not only the state benefits from a large number of violators, but also the owners of private cameras,” says the expert.

Shkumatov believes that the amount of money coming into the budget depends on how cooperation with private companies will be arranged. And if they receive a sufficiently large percentage from the public-private partnership program, the roads will remain in a deplorable state.

Meanwhile, the Ministry of Transport believes that this item is not the main, but an additional source of income for road funds.

The department clarified that the law was prepared long before the current decisions to reduce excise taxes, and is not connected with them. And in parallel, proposals are being prepared to compensate for the loss of income of subjects due to a reduction in excise taxes.

The authorities became concerned with the issue of additional sources for the road fund back in March 2016, when at the Presidium of the State Council on Transport Security, Transport Minister Maxim Sokolov noted that “it would be advisable to consider the issue of using funds from fines in order to increase expenses exclusively or prioritize the elimination of outbreaks accident rate on regional roads due to the construction of pedestrian crossings, road intersections, including interchanges and overpasses over railway tracks.”

“In 30 regions of Russia, money from road funds is used inappropriately. This standard has not been established; the Ministry of Transport proposes to establish it. Therefore, it would be very reasonable if these fines would go into road funds in a targeted manner,” added presidential aide Andrei Belousov.

The initiative received the support of President Vladimir Putin.

Many motorists do not know where fines for traffic violations go - survey

As it turns out, many motorists do not know where exactly fines for traffic violations (traffic rules) are received. These are the results of the latest survey of the DorInfo portal.

In connection with the recent initiative of the mayor of Omsk Vyacheslav Dvorakovsky, who believes that fines for traffic violations should be fully transferred to the road funds of the constituent entities, the DorInfo portal conducted a survey among readers and found out that many motorists do not even know what this money is spent on .

The majority of voters (48.05%) agreed with Dvorakovsky and supported the transfer of fines for traffic violations to regional road funds. Slightly less - 42.07% - said they do not know where this money goes. Only 6.44% of voters believe that fines for traffic violations should be sent to the federal road fund. Another 3.45% believe that only fines for parking violations should be transferred to regional road funds, the rest should go to the federal budget.

Now fines for violating traffic rules, in accordance with the budget code (clause 6.2 of Article 46 of the Budget Code of the Russian Federation), fall into the regional budget, in addition to fines for violating weight and dimensional parameters when driving on federal roads. They are sent to the federal road fund and spent on purposes related to road activities.

Read also: Fines for traffic violations should go not only to regional, but also to municipal road funds - Sergey Ten

Do you want to know where traffic police fines go?

Currently, traffic police fines go to regional budgets. At the same time, the heads of the constituent entities of the federation can independently make decisions about their future fate. If they want, they will send it in full to road funds; if they want, they will send it to support the local football club. The Ministry of Transport considered that this money should be used exclusively for its intended purpose - transferred in full to regional road funds. Having taken the initiative to identify additional sources of income for the road funds of the constituent entities of the federation, the ministry prepared a bill that has already passed the first reading in the State Duma.

On May 7 this year, the State Duma Committee on Budget and Taxes recommended that the lower house of parliament adopt in the second reading a draft law on transferring income from fines for violation of road safety legislation to regional road funds. If the State Duma passes this law (presumably this will be done on May 10), appropriate amendments will be made to the Budget Code.

Previously, the government believed that funds raised from fines for traffic violations would double the volume of construction and reconstruction of regional and local roads. And at the same time - increase the costs of their maintenance. The explanatory note to the bill says: “The adoption of the law will increase the volume of regional road funds and will help improve road safety by increasing funding for work to improve the quality of roads.”