Refund of the fine after the decision is canceled

By a resolution of the labor inspectorate, an employee of the enterprise was brought to administrative responsibility and imposed a fine.

Since a criminal case was initiated at the same time, the prosecutor's office informed the employee in writing about the appeal of the decision to bring him to administrative responsibility.

Question: how to return the paid fine?

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By a resolution of the labor inspectorate, an employee of the enterprise was brought to administrative responsibility and imposed a fine.

Since a criminal case was initiated at the same time, the prosecutor's office informed the employee in writing about the appeal of the decision to bring him to administrative responsibility.

Question: how to return the paid fine?

As far as I understand, the prosecutor's office, according to the Code of Administrative Offences, is appealing to the court. When will the court decide to cancel the decision - how to return the money (fine)? I can't find a specific procedure.

Letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation dated February 28, 2013 N 03-02-07/1/5873

Question: By a resolution of the Magistrate, the organization was brought to administrative responsibility and sentenced to a fine.
The fine was paid in full.
Later, the magistrate's decision was overturned by a district court decision, and the imposition of the fine was declared illegal.
The procedure for returning from the budget the amount of a previously paid and subsequently declared illegal (cancelled) fine is not regulated by law.
What actions must the organization take (which documents and to which authority) to return the funds?

Answer: The Department of Tax and Customs Tariff Policy reviewed the appeal and reported the following.
The Tax Code of the Russian Federation (hereinafter referred to as the Code) establishes a system of taxes and fees, as well as general principles of taxation and fees in the Russian Federation, including liability for tax offenses (subparagraph 6 of paragraph 2 of Article 1 of the Code).
Types of tax offenses and liability for their commission are established by Chapter 16 of the Code.
Articles 78 and 79 of the Code provide for the return of overpaid (collected) amounts of fines for tax offenses.
The legislation on taxes and fees does not regulate the procedure for the return from the budget system of the Russian Federation of administrative fines paid for committing an administrative offense.
In accordance with paragraph 2 of Article 160.1 of the Budget Code of the Russian Federation, the budgetary powers of the budget revenue administrator include making a decision on the return of overpaid (collected) payments to the budget, penalties and fines, as well as interest for untimely implementation of such a return and submitting an order to the Federal Treasury to make a refund in the manner established by the Ministry of Finance of the Russian Federation.
According to Article 6 of the Budget Code of the Russian Federation, the administrator of budget revenues is a government body (state body), a local government body, a local administration body, a management body of a state extra-budgetary fund, the Central Bank of the Russian Federation, a government institution that exercises control over the correctness of calculation, completeness and timeliness of payment, accrual, accounting, collection and making decisions on the return (offset) of overpaid (collected) payments, penalties and fines on them, which are the income of the budgets of the budget system of the Russian Federation.
In accordance with paragraph 2 of Article 20 of the Budget Code of the Russian Federation, the list and codes of the main administrators of budget revenues, the types (subtypes) of budget revenues assigned to them are approved by the law (decision) on the relevant budget.
It is not clear from the contents of the letter what administrative fines we are talking about.
We believe that regarding the issue of refund of paid administrative fines, you should contact the relevant budget revenue administrator.

Deputy Director of the Department S.V. Razgulin

Resolution of the Federal Arbitration Court of the Moscow District
of February 24, 2010 No. KA-A40/957-10 in case No. A40-63418/09-154-241

Federal Arbitration Court of the Moscow District, composed of:
presiding judge Shishova O.A.
judges Borzykin M.V., Latypova R.R.,
with participation in the meeting:
from the plaintiff (applicant) Lagut I.A.
- power of attorney dated January 19, 2010, having considered on February 24, 2010 at a court hearing the cassation appeal of the State Labor Inspectorate in the Moscow Region, against the decision of August 20, 2009, of the Moscow Arbitration Court, adopted by Judge T.M. Lokaichuk, against the decision dated 30 November 2009 of the Ninth Arbitration Court of Appeal, accepted by judges Potashova Zh.V., Pronnikova E.V., Yakutov E.V., on the claim (application) of LLC “Torogovo-Industrial Enterprise “Success” to recognize illegal actions resulting in non-return the amount of fines in the amount of 870,000 rubles to the State Labor Inspectorate in the Moscow Region, a third party: the Federal Treasury Department for the Moscow Region, established:
Trade and Industrial Enterprise Success LLC (hereinafter referred to as the Company) appealed to the Moscow Arbitration Court with an application for recognizing as illegal the actions of the State Labor Inspectorate in the Moscow Region (hereinafter referred to as the Inspectorate, an administrative body), which resulted in the non-refund of fines collected to the applicant in the amount of 870,000 rubles, as well as the obligation of the administrative body to submit an application for the return of the specified amount to the Company, as well as the collection 43,500 rubles interest.
The Federal Treasury Department for the Moscow Region was involved as a third party in the case.
By the decision of the Moscow Arbitration Court dated August 20, 2009, left unchanged by the resolution dated November 30, 2009 of the Ninth Arbitration Court of Appeal, the stated demands regarding the recognition of the Inspectorate’s actions as illegal and the imposition on the administrative body of the obligation to send an application for the return of 870,000 rubles to the Company, the stated requirements are satisfied.
Satisfying the stated requirements in this part, the courts proceeded from the absence of the Inspectorate, after the cancellation by the decisions of the Nagatinsky District Court of Moscow dated December 18, 2008, which entered into legal force, of the decisions to bring the applicant to administrative liability of legal grounds for withholding the amount of fines paid by the Company.
Regarding the collection of interest from the administrative body in the amount of 43,500 rubles, the stated requirements were refused.
The legality of judicial acts is verified in accordance with Articles 284 and 286 of the Arbitration Procedural Code of the Russian Federation based on the cassation appeal of the Inspectorate, in which the administrative body refers to the fact that the courts violated substantive law.
He asks to cancel the judicial acts adopted in the case, refusing to satisfy the stated demands. The inspectorate and the third party, duly notified of the time and place of the court hearing, did not send their representatives to the cassation court.
Having conferred on the spot, the cassation court determined: to consider the case in the absence of representatives of the administrative body and a third party.
The applicant's representative objected to the satisfaction of the cassation appeal and asked that the judicial acts adopted in the case be left unchanged, considering them legal and justified.
A response to the cassation appeal has not been submitted.
As established by the courts, 29 resolutions of the chief state labor inspector of the State Labor Inspectorate in the Moscow Region dated January 14, 2008 N 18-50/5-53-10, 18-50/5-53-11, 18-50/5-53- 12, 18-50/5-53-13, 18-50/5-53-14, 18-50/5-53-15, 18-50/5-53-16, 18-50/5-53- 17, 18-50/5-53-18, 18-50/5-53-19, 18-50/5-53-20, 18-50/5-53-21, 18-50/5-53- 22, 18-50/5-53-23, 18-50/5-53-24, 18-50/5-53-25, 18-50/5-53-26, 18-50/5-53- 27, 18-50/5-53-28, 18-50/5-53-29, 18-50/5-53-30, 18-50/5-53-31, 18-50/5-53- 32, 18-50/5-53-33, 18-50/5-53-34, 18-50/5-53-35, 18-50/5-53-36, 18-50/5-53- 37, 18-50/5-53-38 The company was brought to administrative liability under Part 1 of Art.
5.27 of the Code of the Russian Federation on Administrative Offences. Each resolution imposed an administrative penalty on the applicant in the form of a fine in the amount of 30,000 rubles, thereby bringing the total amount of fines to 870,000 rubles. The Lyubertsy Department of Bailiffs of the Office of the Federal Bailiff Service for the Moscow Region, on the basis of these decisions, initiated consolidated enforcement proceedings and on May 6, 2008, funds in the amount of 870,000 rubles were transferred to the account of the Federal Treasury Department for the Moscow Region (State Labor Inspectorate for the Moscow Region) .
Purpose of payment - fines under enforcement proceedings No. 14353 of 2008 for 29 enforcement documents. By the decisions of the Nagatinsky District Court of Moscow dated December 18, 2008, all 29 of the above decisions of the Inspectorate were cancelled.
In response to the applicant’s request for the return of funds transferred by him in the amount of 870,000 rubles in enforcement proceedings, the Lyubertsy district department of the Federal Bailiff Service for the Moscow Region, in a letter dated February 25, 2009, ref.
N 01-32-09/357 notified the applicant that the disputed amount had been transferred to the Inspectorate. On March 27, 2009, the company applied to the administrative body and the Federal Treasury Department for the Moscow Region (hereinafter referred to as the Federal Treasury Department for the Moscow Region) with an application for the return of the entire amount of the fine previously transferred.
Inspection by letter dated 05/12/2009 ref.
N 18-50/01-786/1 notified the applicant of the refusal to satisfy the application due to the fact that she had not received information about the payment of fines, as well as information about the cancellation of the decisions that imposed them. UFK for Moscow Region by letter dated April 20, 2009 ref.
N 02-19/2459 informed the applicant that funds under payment order dated 05/06/2008 N 770 in the amount of 870,000 rubles were reflected by the revenue administrator - the State Labor Inspectorate in the Moscow Region. The return of the specified funds to the payer can be carried out on the basis of requests for return submitted by the administrator of budget revenues. These circumstances served as the basis for the Company to file an application with the Moscow Arbitration Court.
Having studied the case materials, discussed the arguments of the complaint, and listened to the applicant's representative, the cassation court believes that the decision of the trial court and the decision of the appellate court should be left unchanged and the cassation appeal should not be satisfied.
The list of chief administrators of federal budget revenues, approved by Federal Law of November 24, 2008 N 204-FZ “On the federal budget for 2009 for the planning period of 2010 and 2011”, established that the chief administrator of federal budget revenues in the form of monetary penalties (fines) for violation of labor legislation (150 1 16 19000 01 0000 140) is the Federal Service for Labor and Employment.
By Order of the Federal Service for Labor and Employment dated March 12, 2008 N 49 “On the exercise of the powers of the administrator of federal budget revenues of the Federal Service for Labor and Employment for 2008 and the planning period of 2009 and 2010,” the functions of administrators of monetary penalties for violations of labor legislation are assigned to its territorial bodies .
Since the decisions to bring the applicant to administrative responsibility for violation of labor legislation by the Nagatinsky District Court of Moscow were canceled, the courts made a legitimate conclusion that the administrative body does not have legal grounds for withholding the amount of fines paid.
Thus, the Inspectorate, being the administrator of budget revenues, unlawfully refused to return the paid funds and did not fulfill its obligation to fill out an application for the return of budget revenues, as a result of which the Federal Criminal Code for the Moscow Region is not able to return the paid funds and the amount of the fine to the applicant subject to return.
The fact that the court of first instance indicated the same decision of the Inspectorate twice cannot serve as a basis for canceling the judicial acts adopted in the case, since it did not affect the legitimacy of the conclusions of the courts on the merits of the dispute under consideration.
In accordance with clause 20 of the Procedure for accounting by the Federal Treasury of revenues to the budget system of the Russian Federation and their distribution between the budgets of the budget system of the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated September 5, 2008 N 92n, return to payers of overpaid (collected) amounts subject to reimbursement of amounts , as well as the amounts of interest for late refunds and the amounts of interest accrued on excessively collected amounts (hereinafter referred to as the return (reimbursement) of excessively paid (collected) amounts, is carried out on the basis of Requests for return submitted by administrators of budget revenues, within a period not exceeding 3 - x working days from the date of their submission to the Federal Treasury, based on the amounts of revenues subject to transfer to budgets in accordance with this Procedure.
The fact that the applicant transferred a fine in the amount of 870,000 rubles is confirmed by the case materials.
Thus, based on the above, The courts correctly concluded that the administrative body had no legal grounds for refusing to refund the overpaid fine.
The arguments of the complaint were presented in the courts of first and appellate instances and are aimed at re-evaluating their conclusions.
No violations by the courts of the first and appellate instances of the norms of procedural law, which, in accordance with Part 4 of Article 288 of the Arbitration Procedure Code of the Russian Federation, are grounds for canceling judicial acts.
Taking into account the above, there are no grounds for canceling judicial acts.
Guided by Art. Art.
176, 284-289 of the Arbitration Procedural Code of the Russian Federation, the court decided: the decision of the Moscow Arbitration Court dated August 20, 2009 and the decision of the Ninth Arbitration Court of Appeal dated November 30, 2009 in case No. A40-63418/09-154-241 remain unchanged , cassation appeal from the State Labor Inspectorate in the Moscow Region - without satisfaction.

PROCEDURE FOR REFUNDING AN ADMINISTRATIVE FINE IN CASE OF CANCELLATION OF A DECISION ON IMPOSING ADMINISTRATIVE LIABILITY

4th year student, Faculty of Training of Specialists for the Judicial System (Faculty of Law), Federal State Budgetary Educational Institution of Higher Education "Russian State Unitary Enterprise",

Ph.D. legal Sciences, Associate Professor of the Department of State and Legal Disciplines of the Federal State Budgetary Educational Institution of Higher Education "Russian State Unitary Enterprise",

The Code of the Russian Federation on Administrative Offenses regulates in sufficient detail the types of administrative offenses, punishments for committing these offenses, as well as the procedure for bringing to justice, including appealing decisions of administrative bodies or the court.

However, situations are possible when a decision on an administrative offense and the imposition of an administrative fine by a person held administratively liable is executed, but subsequently a judicial act or a decision of an administrative body in a case of an administrative offense is canceled by a higher authority or court. In this regard, the problem arises of determining the procedure for returning a paid fine; today this issue is becoming increasingly relevant for citizens, and, based on this, the relevance of this article is determined, since the current legislation does not provide for a clear procedure for the return of a paid administrative fine.

In order to receive their money back, the interested party needs to immerse themselves in the study of not only federal, but also regional regulations and by-laws, which is difficult to do without possessing the appropriate level of legal knowledge.

Analyzing the legislation of the Russian Federation, we come to the conclusion that the amount of an administrative fine is subject to credit to the budget in full in accordance with the Budget Code of the Russian Federation, therefore, when deciding on the return from the relevant budget of funds paid as an administrative fine, the Budget Code is subject to application.

However, this normative legal act contains a norm regulating budgetary and tax relations, which speaks of the return of payments, penalties and fines overpaid to the budget, as well as interest for untimely implementation of such a return and interest accrued on excessively collected amounts, but does not speak of refund of the paid administrative fine as a result of the cancellation of the relevant decision. Based on this, using the analogy of the law, law enforcers are guided by Art. 160.1 of the BC RF when solving the issue under study [1].

In accordance with the letter from the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation, citizens are invited to apply for a refund to the administrator of budget revenues, which can be a state authority, a local government body, a local administration body, a management body of a state extra-budgetary fund, the Central Bank of the Russian Federation, a government institution that, in accordance with the legislation of the Russian Federation, exercises control over the correctness of calculation, completeness and timeliness of payment, accrual, accounting, collection and decision-making on the return of overpaid payments, penalties and fines on them, which are budget revenues of the budget system of the Russian Federation [2].

Thus, in order to return their money, the interested person must determine who is the administrator of budget revenues and contact this body in writing by submitting an application. The format of the application is also not regulated at the legislative level, therefore the application is drawn up in any form in compliance with the rules of the official document with the attachment of all necessary documents proving the error of payment of the administrative fine, for example, a certified copy of the decision to cancel the decision imposing an administrative fine, payment documents confirming payment fine, etc.

Upon completion of consideration of the application, the relevant authorities must notify the payer of the result of the inspection. If the fact of inappropriate payment of the fine is proven, the citizen will receive a notice of the date and amount of the refund. To receive funds, the payer only needs to withdraw them from the bank account, the details of which were indicated in the application [3].

In order to determine who is the chief administrator, it is necessary to pay attention to the first three digits of the KBK, to which the fine was transferred: for violations of consumer rights - Rospotrebnadzor (141), for violations of labor legislation - the Federal Service for Labor and Employment (150), for cash violations - the Federal Tax Service (182), for violation of traffic rules - the Ministry of Internal Affairs of the Russian Federation (188), etc.

As an example, let us consider in more detail the procedure for returning a paid administrative fine imposed by a traffic police resolution on an administrative offense. In case of cancellation of this resolution, the citizen must submit an application addressed to the head of the State Traffic Safety Inspectorate to the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia of the corresponding subject, he will be the administrator of budget revenues. After which, within 30 days, a decision is made to return the paid administrative fine from the budget and an order is submitted to the Federal Treasury Department to carry out the return, which in turn makes a refund. The deadline for returning a paid administrative fine is not regulated by law.

For comparison, I would like to note that the return of the state fee can be made by submitting an application to the body (official) authorized to perform legally significant actions for which the state fee was paid - such bodies are the Civil Registry Office, Department of Internal Affairs, etc. And an application for the return of an overpaid amount of state duty in cases heard in courts and by magistrates is submitted by the payer to the tax authority at the location of the court in which the case was heard. However, the refund of the paid amount of state duty is carried out in the same way as the refund of the paid fine - by the Federal Treasury [4].

Unfortunately, in practice, situations arise when a citizen cannot return his money through a declarative procedure and has to go to court to resolve the issue. Thus, citizen M. filed a claim with the magistrate court against the state institution “Russian State Assay Chamber under the Ministry of Finance of the Russian Federation”, since this state institution issued a decision against citizen M. to bring him to administrative responsibility and imposed a punishment in the form of an administrative fine in the amount of 10,000 rubles, which was executed in a timely manner. However, upon further appeal, the decision of the state institution was canceled by the regional court, and citizen M. turned to the relevant revenue administrator with an application for the return of the administrative fine he had paid in full. But the stated demands were denied due to the lack of a writ of execution.

When considering this case, the Magistrate Court indicated that the rules governing the legal relations that arose were not provided for in the Code of Administrative Offenses of the Russian Federation. Therefore, the Budget and Civil Codes of the Russian Federation are subject to application by analogy with the law.

Applying Article 1102 of the Civil Code of the Russian Federation, a person who, without grounds established by law, other legal acts or transaction, acquired or saved property at the expense of another person, is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment). The rules provided for in this article apply regardless of whether unjust enrichment was the result of the behavior of the acquirer of property, the victim himself, third parties, or occurred against their will.

Based on this, the court satisfied the plaintiff’s demands in terms of recovery from the Federal Treasury Institution “Russian State Assay Chamber under the Ministry of Finance of the Russian Federation” in favor of M. the amount of unjustifiably acquired funds in the amount of 10,000 rubles, the cost of paying the state duty, the cost of paying for services representative [5].

In this regard, for many citizens, the return of their money due to the erroneous imposition of an administrative penalty becomes difficult: a complex procedure, long terms, lack of legal literacy - all this hinders the speedy restoration of the violated rights of a citizen. Since this issue is not regulated by administrative legislation, it is necessary, by analogy with Article 160.1 of the Budget Code, to supplement Chapter 32 of the Code of Administrative Offenses of the Russian Federation, which regulates the procedure for the execution of certain types of administrative penalties.

Thus, it is possible to introduce Article 32.2.1 into the Code of Administrative Offenses of the Russian Federation entitled: “The procedure for the return of a paid administrative fine in case of cancellation of the decision on its appointment,” which will indicate:

1. In accordance with the Budget Code of the Russian Federation, the revenue administrator makes a decision on the return of fines paid in the event of the cancellation of the decision on its appointment and, within a month, submits an order to the Federal Treasury to carry out the return in the manner established by the Ministry of Finance of the Russian Federation.

2. The general period for applying for a refund of a paid administrative fine, which is 3 years from the date of execution of the decision to pay the administrative fine.

Art. will also require correction. 160.1 of the Budget Code of the Russian Federation, where the following rule should be fixed: “The period for the return of funds by the Federal Treasury authorities is one month from the date of receipt of an order from the budget revenue administrator to return the paid administrative fine.”

These legal provisions will fill the existing gap and facilitate the procedure for the return of funds (administrative fine) paid on the basis of an erroneously issued decision.

The administrative fine has been canceled, but has already been paid: how to return it

Sometimes organizations and entrepreneurs manage to challenge an administrative fine imposed on them by inspectors from control and supervisory authorities (for example, for violations of cash procedures, fire regulations, labor laws, etc.). But by this time the fine may already have been paid. Accordingly, we have to think about how to get it back from the budget. We will tell you where and with what documents you need to apply for a refund.

The issue of refunding the fine was resolved upon appeal

If, when appealing the decision to impose a fine, you simultaneously asked to cancel this decision and return the fine to you. Resolution of the Federal Antimonopoly Service No. A62-6991/2012 of July 25, 2013, and the court decided to return it, then you can use clause 3 of Art. 239, paragraph 1, art. 242.3, paragraph 1 of Art. 242.4, paragraph 1 of Art. 242.5 BC RF:

independently apply for a refund to the treasury authority where the personal account of the control (supervisory) body to which you paid the fine was opened. In this case, you need to submit a document under clause 2 of Art. 242.1, paragraph 1 of Art. 242.3, paragraph 1 of Art. 242.4, paragraph 1 of Art. 242.5 BC RF:

a statement indicating the details of the bank account to which the fine amount should be returned;
performance list;
a copy of the judicial act on the basis of which the writ of execution was issued;
a copy of your payment slip for payment of the fine;

ask the court to send the writ of execution to the treasury body by filing a corresponding petition. Attach to the petition an application for the return of the fine, indicating payment details, so that the court sends it to the treasury authority, part 3, 3.1 of Art. 319 Arbitration Procedure Code of the Russian Federation; clause 2 art. 242.1 BC RF.

As a rule, money is returned within 1 to 3 months after the documents are received by the treasury authority. 2, 3, 5, 6 tbsp. 242.3, paragraphs. 2-5 tbsp. 242.4, paragraphs. 2-5 tbsp. 242.5 BC RF.

When appealing the fine, the question of its return was not raised

Then you need to contact the chief administrator of such budget revenues as your fine, or its territorial body, that is, the control (supervisory) body that identified your violation and to which you transferred the fine f art. 6, paragraph 2, art. 160.1 BC RF; Resolution of the Federal Antimonopoly Service NWO dated September 26, 2013 No. A56-45101/2012.

The chief administrator is also visible in the first three digits of the KBK to which you transferred the fine, for example: for fines for violations of consumer rights - Rospotrebnadzor (141), for violations of labor legislation - Rostrud (150), for most "alcohol" violations - Rosalkogolregulirovanie (160 ), for cash violations - the Federal Tax Service (182), for migration violations - the Federal Migration Service (192), etc. sub. 1 clause 1 art. 20 BC of the Russian Federation; Appendix No. 7 to the Directives, approved. By Order of the Ministry of Finance dated July 1, 2013 No. 65n

Whatever method you choose to return the paid fine from the budget, the package of documents submitted to the government agency will always be almost the same

As a rule, administrators ask you to provide them with the following documents for return; see, for example, paragraphs. 4.1, 4.3, 4.4 Order, approved. By order from Roskomnadzor December 23, 2014 No. 192:

a statement indicating the details of the bank account to which the fine amount should be returned;
a copy of the judicial act canceling the decision imposing a fine that has entered into force;
original payment slip for payment of the fine.

The administrator will decide on the return of the overpaid fine and will himself send an application to the treasury authority to return this amount to you, and the treasury authority will transfer it to you within 3 working days of clause 2 of Art. 160.1, clause 1, art. 166.1 BC RF; clause 27 of the Procedure, approved. By Order of the Ministry of Finance dated December 18, 2013 No. 125n.

Independent claim for a fine

Sometimes organizations manage to achieve the return of a fine by filing an independent claim in court for compensation of the amount of the fine as a loss caused by the illegal actions of officials of a government agency. Resolution of the Supreme Court of November 19, 2015 No. 305-ES15-8490; Resolution of the AS SZO dated 02/03/2016 No. A56-46370/2014. Most often, such a demand is filed in court if there are other losses in addition to the fine.

If you choose this method and the court rules in your favor, then the return documents (application, writ of execution, copy of the court decision and payment invoices) will no longer need to be sent to the Treasury or the administrator, but to the Ministry of Finance under paragraph 1 of Art. 242.2 BC RF. In this case, the money must be returned within 3 months from the date of receipt of your writ of execution and clause 6 of Art. 242.2 BC RF.

There is no special limitation period for applying for a refund of an overpaid administrative fine. Therefore, you have 3 years for this from the date of payment of clause 1 of Art. 196 Civil Code of the Russian Federation.

Cars

Law and law

Drivers denied refund of fines

How to get your money back for a fine paid after a decision on a traffic violation has been canceled

The courts began to refuse to allow drivers to return the administrative fines they had paid, even after the orders for traffic violations were canceled. One of the capital’s drivers faced this situation - even after an acquittal, the court refused to return the 30 thousand rubles in fine paid to the driver, since “there is no procedure for returning money from the budget.” Experts claim that the judge is wrong, and everyone who finds themselves in a similar situation is advised to contact the traffic police immediately.

Motorists in Russia face new difficulties in protecting their legal rights. It turned out that the courts could easily refuse to return their paid traffic fines even after the violation itself was cancelled. And to get their money back, motorists need to go to a completely different address. A similar situation faced the capital’s driver Nikolai Ivanov (his last name was changed at the request of the motorist and is known to Gazeta.Ru), who has been trying to return a substantial fine for more than a year. The motorist’s lawyer, Alexander Lipatnikov, told Gazeta.Ru about his case.

What to do if changes were made to the traffic police protocol without your knowledge

On August 18, 2015, at about 3 a.m., the motorist was stopped for inspection and a report was drawn up for drunk driving in accordance with Part 1 of Art. 12.8 Code of Administrative Offences.

During the consideration of the case, the court decided to deprive the driver of his license for 1.5 years, and also ordered him to pay a fine of 30 thousand rubles.

Ivanov decided to challenge the decision, but he had to pay the fine almost immediately, since otherwise he would have faced a new trial and an obligation to pay a double fine. The litigation lasted for about a year, and on August 24, 2016, the court came to a decision (available to Gazeta.Ru) to terminate the prosecution of the motorist due to the expiration of the statute of limitations for administrative liability.

The court also took into account the circumstances contained in the lawyer’s complaint, according to which the case file contained contradictions in indicating the time and place of drawing up the protocol, and the document itself was drawn up without witnesses.

The driver was not notified in the prescribed manner about the preparation of the protocol (the document was drawn up in his absence), and a copy of the document was not sent to him.

Having received confirmation of his innocence, the motorist decided to return the fine that he had paid. However, everything turned out to be not so simple. At the Sberbank branch through which the payment was made, the driver was advised to contact its recipient - the Federal Tax Service (FTS) in Moscow. And the Federal Tax Service required the motorist to provide decisions, rulings and certificates from the courts about the circumstances that could become the basis for the return of the collected fine. However, the judge refused to make an appropriate decision and issue the necessary documents to the driver. It took the driver another year to try to get the money back on his own. However, in April 2017, in response to another lawyer’s complaint, the Zamoskvoretsky court tried to put an end to it.

“The Code of Administrative Offenses does not provide for a procedure for the return of paid fines,” the court’s response says. The driver was also advised to contact the Moscow Federal Treasury Department, although they were not told why exactly and with what documents.

The traffic police are putting tinting lovers under arrest en masse

“It turns out that the judge first fined the citizen 30 thousand rubles and deprived him of his driver’s license for 1.5 years,” lawyer Lipatnikov tells Gazeta.Ru. “Then her decision was canceled, the case was dropped, but it turns out that the law does not provide for a procedure for returning paid fines, even if they were canceled by a court decision.

We were refused to return the money in court and were sent to deal with the treasury, without explaining the entire procedure.

And how can a citizen in this case figure out how to act if, for example, he does not have a lawyer. Any motorist who has paid, for example, an erroneous fine for speeding or for any other traffic violation can find himself in such a situation. Drivers are told that there is no return procedure, and as a result, many simply do not waste time on this. After all, even if you write the necessary letters and complaints, you may be left with nothing - getting money back from the budget is not so easy. We will appeal to the treasury and, if there is no result, to a higher court.”

As Viktor Travin, head of the College of Legal Protection of Car Owners, explained to Gazeta.Ru, the courts do not deal with the return of fines because they simply do not understand that this is a completely normal and ordinary situation.

“The court will not return anything,” Travin told Gazeta.Ru. — Motorists who find themselves in such a situation must contact the financial department of the traffic police of their city with a court decision.

There you need to obtain documentary evidence that the fine was paid in error. And now with this application it is necessary to contact the Treasury with a request to return the money.”

At the same time, Travin warns: there is no need to rush to pay the fine if the resolution has not entered into force, since then you will have to spend a lot of time and effort to “pull” money out of the budget.

How can I get my money back for a paid traffic fine?

In practice, monetary penalties may be issued erroneously, or a citizen will pay an excessive amount when paying a traffic police fine. Often, inaccuracies are discovered only after the funds have been transferred. Finding themselves in such a situation, most citizens are confident that they have irretrievably lost the overpaid amount. However, the law allows you to return money for paying a traffic police fine. To do this, you must act in accordance with the established scheme. The procedure for returning money for a traffic police fine does not always end in success. Therefore, it is important to comply with established standards.

When can I get my money back for a traffic fine?

Most citizens of the Russian Federation fall into the category of careful payers. They strive to close the outstanding monetary penalty as quickly as possible. Haste increases the risk of errors. The law allows car owners to return excess deposited funds when paying a traffic fine. The right to do so is present in the following situations:

Cash provided in excess. If a citizen makes a payment within 20 days after receiving the fine, he is entitled to a 50% discount. If the full amount has been paid, you will be able to receive a refund.
The decision in accordance with which the monetary penalty was imposed was canceled. The situation arises if a traffic police fine is deliberately paid, and subsequently the citizen goes to court and manages to prove the unlawfulness of the collection.
The citizen paid the fine twice. Usually the driver's carelessness is to blame for the situation. Another reason is also possible. The car owner voluntarily deposits funds, and after a few months the bailiffs forcibly write off the amount. This is usually caused by an error in the database.
Incorrect details were entered when paying the fine. A mistake can be made by the car owner himself or the bank employee who accepted the payment.
A monetary penalty was paid for another person. The law obliges the person to pay independently. Otherwise, repayment of the foreclosure will not occur.

For your information

The last two situations deserve special attention. If a fine was entered incorrectly, you must pay it again. Recovery of overpaid funds will occur after the procedure has been completed.

Options for returning money for a paid traffic fine

Initially, you need to decide on the authority to which you will need to contact. The Ministry of Internal Affairs is responsible for the return of fines. You just need to find out which department you need to contact. It is important to pay attention to the institution that issued the monetary penalty. It will handle the return. A citizen may be faced with the need to interact with:

It is recommended that you first contact the employees of the organization that imposed the administrative fine. The telephone number is usually indicated on the decree form. When you manage to get through by phone, you can ask which institution you need to contact to get your money back. During a telephone consultation, it is recommended to find out the position of the head of the organization in whose name it is necessary to submit an application for the return of the overpaid amount.

Law on the return of money for an incorrectly paid fine

Today there is no legal act regulating the procedure for returning a traffic police fine. The provision regarding the receipt of overpaid funds is reflected in Article 161 of the Budget Code of the Russian Federation. It says that the decision to return the amount is made by the revenue administrator. Additional nuances are not fixed in the legislation.

What documents are needed?

Refunds of funds contributed to the state treasury in excess can be made if the person provides the necessary documents.

The list includes:

Registration of return

If a citizen plans to return money for a paid traffic fine, he will have to follow a certain procedure. The step-by-step diagram looks like this:

Find out which agency you will need to contact. The procedure is initiated by submitting an application. It is recommended that you first call the authorized body and ask questions. During the conversation, you will be able to find out the information that will be required to fill out the application.
Prepare a package of documentation. The list must include payment papers confirming the fact of depositing funds. Additionally, documents are required demonstrating the transfer to the details or payment of the excess amount.
A statement is drawn up. It must be in writing. Then the documents are included in the list of papers and sent to the appropriate government agency. You must contact the organization that issued the fine.
Wait for a decision to be made. It will take one month for the traffic police to make a verdict on the return of the fine. The citizen will then be informed of the decision. If it is positive, the money is returned. The transfer is made to the details specified in the application.

What reason should I indicate in the application for refund of the traffic police fine?

When drawing up an application, the citizen must indicate the reason on the basis of which the refund is made. The requirement for information that must be presented in this paragraph is not specified in the law. A person has the right to indicate the following reasons for returning money for a fine:

the traffic police fine was paid twice;
Too much money has been deposited;
the collection was carried out unlawfully.

You can use a ready-made form to fill out. The reasons are usually immediately recorded in it. The applicant can only highlight what is needed.

Sample application

Particular attention should be paid to filling out the application. The final decision largely depends on it. The format of the document is not legally fixed. Therefore, you can compose it yourself. The form must be submitted in writing. It must contain a list of required information. In order for the authorized body to agree to consider the application, the following data will be required:

information about the person who will consider the application;
personal data of the author of the application;
the reasons that prompted the citizen to contact the authorized body;
information about the decision in accordance with which the punishment was applied;
information about the document confirming the fact of depositing funds;
the grounds on which the person expects to receive the amount back;
bank account details for refund;
date of application and signature of the applicant.

The document is drawn up in accordance with generally accepted standards of office work. If a person is faced with the need to fill out an application for a refund of a traffic police fine for the first time, he may experience a number of difficulties. To reduce the risk of errors, it is recommended to use a ready-made sample.

Download a sample application for the return of a traffic police fine in WORD format.

Where should the documents be submitted?

The application for a refund is written to the head of the institution who drew up the resolution on the application of a monetary penalty. A citizen may be faced with the need to contact:

Documents must be submitted in writing. Submitting an application for a refund of a traffic police fine is carried out during a personal visit. An alternative is to send documents by registered mail. The presence of a delivery notification is important. You will receive a response within 10 days. The period begins to count from the moment of registration of the fact of the appeal (Article 30.5 of the Code of Administrative Offenses of the Russian Federation).

Refund of money for a fine after the decision is canceled

There are no provisions in the current legislation that allow the return of fines paid in connection with the cancellation of a decision. However, in Art. 160.1 of the Budget Code of the Russian Federation states that the list of powers of the revenue administrator includes the right to carry out the procedure.

To return money for a traffic fine, you will need to write a statement. It is sent to the authority that issued the resolution. The document should display the following information:

information about the person to whose address the document is sent;
information about the applicant;
document's name;
information about the fine;
details of the document confirming payment of the monetary penalty;
request for a refund;
information about the bank account to which the refund will be made;
the applicant's signature and date of filing the application.

If the authorized body refuses to make a return, it is permissible to go to court.

How to return an overpaid fine to the traffic police?

The complaint is sent to the head of the institution whose employee made the decision, or directly to the court. Monetary penalties can be paid, and subsequently appeal the need for payment. In this situation, standard actions are taken to return the overpaid funds for the traffic police fine. The final verdict depends on the specifics of the current situation.

How to return a re-paid traffic fine?

A citizen can independently make a mistake and deposit money twice. In this case, you will need to prepare a package of documents confirming the fact that the amount has been paid several times. Then you contact the institution that issued the fine. Next we just have to wait for a decision. The answer will be provided within 10 days (Article 30.5 of the Code of Administrative Offenses of the Russian Federation). If it is positive, the money will be returned. In another situation, a citizen can appeal the decision by going to court.

What to do if the bailiffs wrote off an already paid traffic fine?

Funds can be written off twice and forcibly. The situation is possible if it comes to involving bailiffs. There have been cases when the driver paid the traffic police fine on his own, and a representative of the organization again debited the amount from the account. The situation arises because the database is not updated in a timely manner. In this case, you need to act in exactly the same way as if you paid double the amount yourself.

Refund of fine via autocode

If a person lives in Moscow, he can use the Autocode portal to return the traffic police fine. It allows you to return overpaid funds. To do this you will need:

Go to the official page of the Autocode organization on the Internet.
Hover your mouse over the Appeals section and select the required authority.
In the list that appears, click on the item Refund for a paid fine.
Go through the authorization procedure on the portal. The action will be carried out through government services.
Provide the required information by filling out the online form.
Send a request. The review procedure takes 30 days. If the citizen has the right to a refund, the application will be approved.

The service is operating in test mode. Therefore, malfunctions in its functioning are possible.

What should you do if you mistakenly wrote off a traffic police fine from someone else’s card?

If an error occurs, you will need to write a statement to the authority that issued the resolution. The application must reflect the request for a refund of funds for paying the traffic police fine. The document must be supported by evidence. It is permissible to start a trial. The application is reviewed in the standard manner.

Actions in case of refusal of a refund

In practice, citizens' demands are not always met. Having received the application, representatives of the authorized body may give a negative answer to the return of money for the traffic police fine. If the person does not agree with it, legal proceedings must be initiated. For this purpose, a statement of claim is drawn up. All arguments presented must be supported by evidence.

If a citizen is issued a monetary penalty for violating traffic rules, it is better to use the capabilities of Sberbank Online. Classic checks confirming the fact of payment quickly fade. If the receipt is damaged, the refund will not be possible. If the payment is made online through Sberbank, you will be able to print the payment document an unlimited number of times.