Sample application for refund of paid administrative fine

Sample form of an application for the return of an overpaid fine to the traffic police (prepared by experts from the Garant company)

This form has been developed in accordance with the provisions of Art. 78 Tax Code of the Russian Federation

In [name of the traffic police department
that issued the decision
to bring to administrative responsibility]

from [F.I.O., passport details, TIN, address of the applicant]

Application for the return of an overpaid fine to the traffic police

In connection with the cancellation of the decision in the case of administrative offense N [value] dated [day, month, year], issued by [specify official] rubles, I ask you to return the overpaid fine in the amount of [amount in figures and words] rubles.

Please transfer the specified amount using the following details:

card account number: [enter as required]

Recipient's bank: [enter as required]

Corr. account: [enter as required]

INN: [enter as required]

Checkpoint: [enter as required]

1. Resolution in the case of administrative offense N [value] dated [day, month, year];

2. The decision to cancel the decision in the case of administrative offense N [value] dated [day, month, year];

3. A document confirming payment of the administrative fine;

4. Bank statement confirming the transfer of funds from the applicant’s account to the budget.

[signature, initials, surname] [day, month, year]

The current version of the document you are interested in is available only in the commercial version of the GARANT system. You can purchase a document for 54 rubles or get full access to the GARANT system free of charge for 3 days.

If you are a user of the Internet version of the GARANT system, you can open this document right now or request it via the Hotline in the system.

Sample form of an application for the return of an overpaid fine to the traffic police

Developed by: Garant Company, November 2016

What is an application for the return of a paid administrative fine?

Often citizens are faced with situations when there is a need to return funds from the state treasury that were transferred erroneously. As practice shows, such cases are relevant when registering a car or paying fines for violating traffic rules.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (812) 317-60-09 (Saint Petersburg)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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In such situations, citizens experience a feeling of confusion, because the procedure for returning a paid fine is new to them. What nuances are hidden in the process of returning funds and what should “offenders” be prepared for?

What it is

An administrative fine is one of the penalties provided for by the state for committing an administrative offense by citizens of the Russian Federation.

When it comes to penalties for violating traffic rules, the penalty is presented in the form of a financial penalty regulated by regulations. In rare cases, the driver is deprived of his freedom or right to drive a car.

Such measures are intended to prevent repeated violations, both by the accused and by other vehicle owners. A violator can receive punishment if traffic police officers draw up a protocol and issue a fine within two months.

The document must contain the following information:

• date and place of drawing up the act;
• Full name and position of the traffic police officer;
• Full name and contact details of the driver who committed the administrative offense;
• Full name and contact details of victims and witnesses (if any).

Next, the judicial authorities issue a ruling on the payment of a fine. The procedure usually takes 10 days, upon completion the driver is required to make a payment to the state treasury.

If the violator ignores his obligations, he will be issued an additional fine. If, after taking measures, the violator does not make payment, the court will issue a ruling on the forced collection of the fine through the property of the debtor.

The duration of an administrative fine is limited, it is only two months. If no demands for payment were made during this period, then representatives of government bodies do not have the right to demand that the violator of traffic rules pay an administrative fine.

Legal basis

It is worth noting that the Legislation does not regulate the procedure for returning funds from the state budget. The only norm that can be relied upon in this case is 160.1 of the Budget Code of the Russian Federation.

The article states that issues relating to the return of excess payments are carried out by the revenue administrator, who transmits the order to the treasury. The law also states that this body must act in accordance with the procedure established by the Ministry of Finance.

In practice, Legislative norms, as well as the Budget Code, do not establish the procedure for the return of funds. But at the same time, the right of citizens to appeal excessively spent money on an administrative fine remains.

Drivers have several alternative ways to solve the problem. The first involves going to court, but the procedure requires both significant time and financial costs.

The second method, in accordance with the department’s letter, invites citizens to contact the budget revenue administrator.

The following government agencies may act as this body:

• TSB RF;
• bodies managing extra-budgetary funds;
• institutions specializing in monitoring the correctness of calculations.

Application for refund of a paid administrative fine

The fine was paid to the state; accordingly, the format of communication with government agencies should be official. In this case, it is impossible to use personal communication or electronic correspondence.

Citizens who wish to return money for a fine paid must make a written application.

Video: The court considered the claim

Application form

It is noteworthy that the legislation of the Russian Federation does not regulate the format of the application for receiving funds from a paid administrative fine.

For this reason, citizens need to write a statement in any form, but it is important to convey their thoughts correctly.

Among the data that the application must contain, the following can be noted::

• contact details of the “offender”;
• details of the resolution indicating the imposition of penalties;
• details of the court order, if available;
• account details of the banking institution to which the funds will be returned in the future.

In fact, the state does not establish an application form for the return of a paid fine, but in practice a generally accepted sample document has been formed.

Where to submit

Since the administrative fine was paid for violating traffic rules, the traffic police, on whose initiative the fine was issued, will act as the revenue administrator.

It is worth noting that citizens must wait a considerable period of time to return the fine they paid. This state of affairs is due to the fact that traffic police officers have 30 working days to consider your application.

As for the application, it must be submitted to the regional or city traffic police chief, regardless of the type of traffic violation.

For example, if the fine was paid due to the automatic recording of fines sent from cameras from the Center, you still need to write a statement addressed to the head of the traffic police, to whom the specified Center is subordinate.

Additional documents

When sending an application for the return of a paid administrative fine, citizens should remember that it will not be complete without additionally attached documentation. When sending documents, be careful; in the application you must indicate copies of which documents were attached.

In addition, when sending an application and documents by mail, it is better to use the ordered letter service. In this case, you can be confident and also receive confirmation that your documentation is in the right hands.

Among the additional documentation that must be submitted to the traffic police authorities in order to receive a refund of the fine paid, the following can be highlighted::

• photocopy of passport;
• a resolution indicating an administrative offense;
• a photocopy of the decision of the judicial authorities, if the fine was canceled on their initiative;
• a photocopy of payment documentation that could confirm the fact of payment of the fine;
• account details of the banking institution to which the funds will be returned in the future.

Read more about deposits in euros here.

Refund of administrative fine

Despite the fact that the Legislative Framework of the Russian Federation does not establish the procedure for returning funds for paid administrative fines, citizens have the right to apply for a refund.

Considerable practice of returning the amount has made it possible to establish a conditional procedure for the return of funds. When will citizens be able to receive the amount overpaid for the traffic police fine?

The algorithm is simple, a citizen, after submitting an application to the relevant authorities, should expect a verification of the documentation provided to him and confirmation of the fact of overpaid fines.

The procedure takes from five days to a month. Upon completion, the competent authorities will notify the payer of the result of the inspection. If the fact of inappropriate payment of the fine is proven, the citizen will receive information about the date and amount of the refund.

To receive funds, the payer only needs to withdraw funds from the bank account whose details were indicated in the application.

In what cases is a refund of a paid fine allowed?

Often, drivers who have violated traffic rules strive to pay fines as soon as possible in order to avoid the status of a debtor, but they understand that sending the payment was in vain.

For example, a camera on the road recorded not your car, but the neighboring one, whose license plates are similar to yours. In such cases, citizens have the right to return the money spent.

In addition to the situation described in the example, there are a number of cases in which a driver wrongly accused of a violation may demand a refund of the fine.

Among them are the following:

• making a payment using incorrect details;
• official cancellation of the decision on the imposition of penalties;
• the payment was made more than once;
• the penalties were paid by a person who was not held administratively liable (for example, an offense was committed by a third party using your car).

Thus, the return of an overpaid fine is the legal right of every citizen.

The legislative framework does not regulate the procedure for returning funds, but in practice the payer has two ways to restore justice: legal proceedings and writing an application to the traffic police.

Answer regarding deposits in rubles, follow the link.

Find out about deposits for individuals in 2018, below.

The second method is effective and proven in practice. If the application is drawn up correctly, the citizen will be able to receive the overpaid funds within a month.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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How to return an overpaid traffic fine?

Good afternoon, dear reader.

This article will talk about how to return money for a previously paid traffic fine. I would like to note right away that the opportunity to return money applies only to those administrative fines that were collected illegally or erroneously.

So if the driver paid a legal fine, it will not be possible to get the money back. In practice, the majority of such fines are imposed. However, there are several situations in which an overpaid fine can be returned. Let's take a closer look at them.

In what cases can money be returned for a fine?

Let's consider several typical situations in which the driver has the right to return money for a fine:

• Overpaid money. For example, the driver forgot about the opportunity to pay the fine with a 50 percent discount and paid the full amount.
• Payment of one fine twice. A similar situation may arise due to the inattention of a driver who repeatedly pays for the same fine. However, in practice a different situation is common. The driver knowingly pays the fine, but after a few months the bailiffs forcibly withdraw money for the same fine from one of the driver’s accounts. This usually happens due to errors made in the databases.
• Paid fine under the canceled decision. For example, a driver first knowingly paid a fine, and then went to court and was able to get the order to impose a fine overturned.
• An error was made in the payment details. An error can be made either by the driver himself or by the bank employee preparing the payment document.
• Paying a fine for another driver. The driver must pay the fines himself, otherwise they will not be counted towards the traffic police.

Pay attention to the last 2 points. If the fine is paid incorrectly, it must be paid again (using the correct details), and only then the overpaid money must be returned.

How to return a traffic fine paid by mistake?

So, first of all, you need to determine which organization you should contact to request a refund of the fine. In any case, the revenue administrator is one of the departments of the Ministry of Internal Affairs. All that remains is to understand which one it is.

First, call the department whose employees imposed the administrative fine. The telephone number must be indicated on the resolution or can be found on the official website of the traffic police.

Call the phone number provided and find out which department is responsible for refunding erroneously paid fines in your region. In addition to the name of the unit, also find out the name and position of its head, because It is in his name that the application must be written.

Documents required to return money for a fine:

• Statement.
• Passport.
• Payment document confirming payment of the fine.
• A document confirming that the fine was paid incorrectly (for example, a second payment receipt, in case of repeated payment of the same fine).

Application for refund of fine

An application for refund of an overpaid fine must be made in simple written form. However, this document must include the following information :

• The official to whom the application is sent, as well as your full name and address.
• The essence of the application is the return of an overpaid fine.
• Data from the resolution on the basis of which the fine was imposed.
• Details of the document confirming payment of the fine.
• The reason why the money should be returned.
• Details of the bank account to which the money will be returned.
• Date and signature.

If you wish, you can use the form and example of filling out the application below:

After filling out the application, all that remains is to take the documents to the appropriate traffic police department. The application will be reviewed within 30 days, after which the fine will be transferred to the details specified in the application.

Good luck on the roads!

Updated: August 24, 2018

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Good afternoon! I paid fines for another person online through Sberbank. There were 7 fines, so it turned out that I paid a fine in the amount of 2500 RUR 2 times. This parking fine was photographed by a data center car. Is there a way to get the money back?

Sarah , hello.

The law does not prohibit the return of a fine that was paid by mistake.

Good luck on the roads!

Good evening, I have a question. Paid a fine of 30 thousand. He was deprived of it under Article 12.8 of the Code of Administrative Offenses of the Russian Federation. 10 days have already passed and in government services and other databases it is listed as overdue. I paid the fine through Sberbank from a cashier-operator using the details specified in the court order, I looked at everything correctly in the payment receipt, not a single digit was wrong, but in the fines appendix yesterday I noticed that the UIN number differs by the last 5 digits from the UIN number specified in the resolution , although the number of the resolution is the same in both cases. Well, the question is whether the money could have gone in the wrong place and what to do in this situation. Otherwise, in 1 year and 4 months I will still have to return my rights, God forbid it gets out of hand

Ilya , hello.

I recommend that you contact the traffic police department with a statement now. In the application, indicate that you are asking to find out why the fine is still listed as unpaid. Please attach a copy of your payment receipt to your application.

Next, wait for the traffic police’s response and act depending on the content of this response.

Good luck on the roads!

Hello. 10 resolutions were issued regarding violation of the movement of a truck in the MKAD area by photo recording cameras in September 2017. The fines were paid with a 50% discount and each fine was challenged in the territorial court of the city of Moscow, because This car had a pass for movement within the Moscow Ring Road zone. The courts take a very long time; we received the last court decision only in April 2018. A letter was sent to the head of TsAFAP (formerly the State Traffic Safety Inspectorate) of Moscow with copies of court decisions and details for the return of the amount of money. Still no answer or hello. Go to Moscow to visit the traffic police and hang out in the corridor? and we live 1200 km from Moscow and tickets and accommodation will cost about the same amount. Tell me what to do in this situation and what time limits exist for claiming decisions challenged and canceled by the court. Thank you.

Larisa , hello.

1. First of all, try calling the specified traffic police department and clarify whether they received your letter and when to expect results from it.

2. I did not come across the maximum period within which a fine can be returned in the regulatory documents. As for the traffic police, as a rule they return fines within 30 days from the date of receipt of applications. The issue is discussed in this forum thread.

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.

Application for refund of an overpaid administrative fine

In practice, there are often situations when the paid fine must be returned to the citizen.
For example, the fine was paid twice or the decision in the case of an administrative offense was canceled after it was paid. Refund of an overpaid fine is made on the basis of an application submitted by a person to the traffic police department, the official of which issued a decision on its imposition.

_____________________________________________________
(name of the division of the State
Road Safety Inspectorate
of the Ministry of Internal Affairs
of the Russian Federation)
address: _____________________________________________________

from ________________________________________________
(full name)
address: ___________________________________________,
telephone: _____________________, fax: ____________,
email address: ______________________

Application
for refund of an overpaid administrative fine
for an administrative offense in the field of traffic

By the resolution of the inspector _____________________________________________________ (indicate the name of the unit of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, full name of the official)
dated “__”___________ ____ city N _____, the applicant was brought to administrative responsibility under Art. ___ Code of the Russian Federation on Administrative Offenses for _______________________________________ (specify the grounds for bringing to administrative responsibility) in the form of a fine in the amount of __________ (__________________) rubles.

“___”________ ____ the applicant overpaid the specified fine in the amount of ______ (__________) rubles, which is confirmed by ____________________________.

Based on the above and guided by paragraph ___ Part ___ Art. 23.3 of the Code of the Russian Federation on Administrative Offenses, paragraph 2 of Art. 160.1 of the Budget Code of the Russian Federation, clause 27 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 December 18, 2013 N 125n, I ask you to return the overpaid amount by __________ an administrative fine for an administrative offense in the field of road traffic in the amount of ________ (__________) rubles in the following order: ________________________________________________________________.

Appendix:
1. A copy of the document confirming payment of the fine.