Application for an installment plan for payment of an administrative fine
Sample form of a request for a deferment of execution of a decision imposing an administrative penalty in the form of an administrative fine (prepared by experts from the Garant company)
In [name of court/body/official,
[Name/F. I.O. of the applicant,Petition
for a deferment of execution of a decision imposing an administrative penalty in the form of an administrative fine
Based on Art. 31.5 of the Code of the Russian Federation on Administrative Offenses and in connection with [indicate the circumstances under which the applicant needs a deferment], I request a deferment of payment of the administrative fine for up to [date, month, year].
1. Documents confirming the applicant’s arguments.
2. Power of attorney or other documents confirming authority to sign the application.
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Sample form of a request for a deferment of execution of a decision imposing an administrative penalty in the form of an administrative fine
Developed by: Garant Company, April 2014
Application for an installment plan for payment of an administrative fine
By the resolution of the Magistrate of the judicial district No. 2 of the Belozersky judicial district of the Kurgan region of December 2013, Ivanov I.I. was found guilty of committing an administrative offense under Part 1 of Art. 12.8 Code of Administrative Offenses of the Russian Federation. Ivanov I.I. An administrative penalty was imposed in the form of an administrative fine in the amount of 30,000 rubles with deprivation of the right to drive vehicles for a period of 1 year and 6 months.
At the moment, due to the difficult financial situation, Ivanov I.I. does not have the opportunity to pay a one-time fine in the amount of 30,000 (Thirty thousand) rubles, imposed by a resolution of the magistrate for the following circumstances:
1. Ivanov I.I. has a small salary (I attach certificate 2-NDFL).
2. Ivanov I.I. there are no additional earnings that he had, having the right to drive vehicles.
3. Dependent on Ivanov I.I. there are young children and a wife (this fact was established by the court).
4. Ivanov I.I. there are monetary obligations with credit and other institutions (including Sberbank of Russia, OTP Bank).
These circumstances indicate the impossibility of Ivanov I.I. comply with the court order within the established time frame.
In accordance with Part 2 of Art. 31.5 of the Code of Administrative Offenses of the Russian Federation, taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread out by the judge who made the decision for a period of up to three months.
In accordance with Part 1 of Art. 32.2 of the Code of Administrative Offenses of the Russian Federation, an administrative fine must be paid by a person brought to administrative responsibility no later than sixty days from the date of entry into force of the decision to impose an administrative fine or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.
The Code of Administrative Offenses of the Russian Federation does not contain restrictions on the period of time during which a person brought to administrative responsibility may apply to the court with an application for an installment plan for the execution of the decision made by him in a case of an administrative offense, the period for its voluntary execution established by Part 1 of Art. . 32.2 Code of Administrative Offenses of the Russian Federation.
The amount of the fine imposed on Ivanov I.I. in the amount of 30,000 rubles, taking into account his difficult financial situation, is significant and does not allow him to pay the administrative fine at a time within the period established by the Law.
Therefore, Ivanov I.I. considers it necessary to declare the execution of the court order in installments for a period not exceeding that established by the Law, that is, for 3 months, by paying an administrative fine: until April 2014 in the amount of 10,000 rubles, until May 2014 in the amount of 10,000 rubles. , until June 2014 in the amount of 10,000 rubles.
Based on the above and guided by Art. 31.5, 32.2 of the Code of the Russian Federation on Administrative Offences,
To extend the execution of the resolution of the Magistrate of the judicial district No. 2 of the Belozersky judicial district of the Kurgan region from December 2013 by paying an administrative fine: until April 2014 in the amount of 10,000 rubles, until May 2014 in the amount of 10,000 rubles, until June 2014 in the amount of 10,000 rubles.
What to do if there is no money to pay the fine?
In accordance with Article 31.5 of the Code of the Russian Federation on Administrative Offenses, the body or official who made the decision to impose an administrative penalty in the form of an administrative fine may defer and (or) spread out the execution of the said decision in the presence of circumstances due to which the execution of the decision is impossible within the established time frame, or taking into account the financial situation of the person brought to administrative responsibility.
Persons (individuals and legal entities) brought to administrative responsibility may apply to the body that issued the decision to impose an administrative penalty with an application for a deferment or installment plan for the execution of this decision (see Appendix 1, Appendix 2).
Deferment is a postponement of the deadline for fulfilling obligations for a period of up to one month (see Part 1 of Article 31.5 of the Code of Administrative Offenses of the Russian Federation).
Installment plan is the payment of an administrative fine in installments by a person held administratively liable for a period of up to three months (see Part 2 of Article 31.5 of the Code of Administrative Offenses of the Russian Federation).
An application for a deferment or installment plan for the payment of an administrative fine is considered within three days from the date of receipt of the application by the administrative body.
The official who issued the decision on the fine based on the results of consideration of the application issues a ruling to defer the execution of the decision to impose a penalty or to refuse to satisfy the application.
The basis for applying the installment payment of the fine is the financial situation of the person. Therefore, the application for the use of installment plans must be accompanied by a document indicating the financial situation of the person (balance sheet, certificate of income, information about existing dependents, etc.).
On the application of installment payment of a fine or refusal to satisfy an application, the official who issued the decision on the fine issues a Determination on installment execution of the decision to impose a punishment or on refusal to satisfy the application.
If the official does not satisfy the application for an installment plan or deferment, the administrative fine must be paid within the period specified in the Resolution. Failure to pay an administrative fine on time will be grounds for bringing to administrative liability under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation (see Terms and procedure for bringing a person to administrative responsibility under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation).
How to correctly write an application for deferment of payment of a fine in the amount of 30 thousand rubles.
Related topics
Hello. If the fine was established by the court, on the basis of Article 203 of the Code of Civil Procedure of the Russian Federation, write a statement to the court. Indicate the circumstances that do not allow you to pay the fine: illness, presence of dependents, lack of work, etc.
Article 31.5. Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty
1. If there are circumstances due to which the execution of a decision imposing an administrative penalty in the form of administrative arrest, deprivation of a special right, forced expulsion from the Russian Federation of a foreign citizen or stateless person or in the form of an administrative fine is impossible within the established time frame, a judge, body, official the person who made the decision may delay the execution of the decision for up to one month.
2. Taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread over a period of up to three months by the judge, body, or official who made the decision.
3. Postponement or installment plan for the execution of a decision imposing an administrative penalty in the form of an administrative fine does not apply to foreign citizens and stateless persons who have been assigned an administrative fine simultaneously with administrative deportation from the Russian Federation, as well as to persons who have been assigned an administrative fine for committing administrative offenses provided for in Articles 11.26, 11.29, 12.9, parts 6 and 7 of Article 12.16, Article 12.21.3 of this Code, in the case of committing these administrative offenses using vehicles owned by foreign carriers.
4. When applying a deferment or installment plan for the execution of a decision to impose an administrative penalty, the court, body, or official that issued the decision shall indicate in the decision the period from which the execution of the administrative penalty begins.
A sample application is usually available in court or on the official website of the court.
“Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ (as amended on March 7, 2018). Article 31.5. Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty. 1. If there are circumstances due to which the execution of a decision imposing an administrative penalty in the form of administrative arrest, deprivation of a special right, forced expulsion from the Russian Federation of a foreign citizen or stateless person or in the form of an administrative fine is impossible within the established time frame, a judge, body, official the person who made the decision may delay the execution of the decision for up to one month. (as amended by Federal Laws dated November 9, 2009 N 249-FZ, dated March 8, 2015 N 57-FZ). 2. Taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread over a period of up to three months by the judge, body, or official who made the decision. 3. Postponement or installment plan for the execution of a decision imposing an administrative penalty in the form of an administrative fine does not apply to foreign citizens and stateless persons who have been assigned an administrative fine simultaneously with administrative deportation from the Russian Federation, as well as to persons who have been assigned an administrative fine for committing administrative offenses provided for in Articles 11.26, 11.29, 12.9, parts 6 and 7 of Article 12.16, Article 12.21.3 of this Code, in the case of committing these administrative offenses using vehicles owned by foreign carriers. (Part 3 introduced by Federal Law dated December 28, 2013 N 383-FZ; as amended by Federal Laws dated November 24, 2014 N 362-FZ, dated December 14, 2015 N 378-FZ). 4. When applying a deferment or installment plan for the execution of a decision to impose an administrative penalty, the court, body, or official that issued the decision shall indicate in the decision the period from which the execution of the administrative penalty begins. (Part 4 introduced by Federal Law dated 03/08/2015 N 57-FZ).
Magistrate 2 precincts
registered at the address
residing at
___ March 2016 You issued a Resolution in administrative case No. on the fact of committing an administrative offense under Part 1 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation.
According to this Resolution, I was given an administrative penalty in the form of an administrative fine in the amount of 30,000 (thirty thousand) rubles with deprivation of the right to drive vehicles for a period of 1 (one) year and 6 (six) months.
I ask you to provide an installment plan for the payment of the administrative fine for 3 (three) months in connection with my difficult financial situation, confirmed by the documents available in case No.
Application for an installment plan for payment of an administrative fine
By the resolution of the Magistrate of the judicial district No. 2 of the Belozersky judicial district of the Kurgan region of December 2013, Ivanov I.I. was found guilty of committing an administrative offense under Part 1 of Art. 12.8 Code of Administrative Offenses of the Russian Federation. Ivanov I.I. An administrative penalty was imposed in the form of an administrative fine in the amount of 30,000 rubles with deprivation of the right to drive vehicles for a period of 1 year and 6 months.
At the moment, due to the difficult financial situation, Ivanov I.I. does not have the opportunity to pay a one-time fine in the amount of 30,000 (Thirty thousand) rubles, imposed by a resolution of the magistrate for the following circumstances:
1. Ivanov I.I. has a small salary (I attach certificate 2-NDFL).
2. Ivanov I.I. there are no additional earnings that he had, having the right to drive vehicles.
3. Dependent on Ivanov I.I. there are young children and a wife (this fact was established by the court).
4. Ivanov I.I. there are monetary obligations with credit and other institutions (including Sberbank of Russia, OTP Bank).
These circumstances indicate the impossibility of Ivanov I.I. comply with the court order within the established time frame.
In accordance with Part 2 of Art. 31.5 of the Code of Administrative Offenses of the Russian Federation, taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread out by the judge who made the decision for a period of up to three months.
In accordance with Part 1 of Art. 32.2 of the Code of Administrative Offenses of the Russian Federation, an administrative fine must be paid by a person brought to administrative responsibility no later than sixty days from the date of entry into force of the decision to impose an administrative fine or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.
The Code of Administrative Offenses of the Russian Federation does not contain restrictions on the period of time during which a person brought to administrative responsibility may apply to the court with an application for an installment plan for the execution of the decision made by him in a case of an administrative offense, the period for its voluntary execution established by Part 1 of Art. . 32.2 Code of Administrative Offenses of the Russian Federation.
The amount of the fine imposed on Ivanov I.I. in the amount of 30,000 rubles, taking into account his difficult financial situation, is significant and does not allow him to pay the administrative fine at a time within the period established by the Law.
Therefore, Ivanov I.I. considers it necessary to declare the execution of the court order in installments for a period not exceeding that established by the Law, that is, for 3 months, by paying an administrative fine: until April 2014 in the amount of 10,000 rubles, until May 2014 in the amount of 10,000 rubles. , until June 2014 in the amount of 10,000 rubles.
Based on the above and guided by Art. 31.5, 32.2 of the Code of the Russian Federation on Administrative Offences,
To extend the execution of the resolution of the Magistrate of the judicial district No. 2 of the Belozersky judicial district of the Kurgan region from December 2013 by paying an administrative fine: until April 2014 in the amount of 10,000 rubles, until May 2014 in the amount of 10,000 rubles, until June 2014 in the amount of 10,000 rubles.
