Application for deferment of payment of an administrative fine sample

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

[Date, month, year] [name of the court/body/official that made the decision] in case N [value] a decision was made to involve [name/F. Acting applicant] to administrative liability and the imposition of an administrative fine in the amount of [amount in figures and words] rubles.

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.

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

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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

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.

Providing payment of fines in installments

The amount of fines for crimes and offenses is growing every year, and the defendant is not always able to execute the court decision on time and in full. In this case, he can apply for a deferment or installment payment.

Difference between concepts

Postponement is the postponement of the deadline for the execution of a court decision. The defendant gets more time, but in order to pay off the fine in a lump sum:

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Payment of the administrative fine can be postponed for 1 month .
In criminal law, the maximum length of deferment is 5 years . Often the court postpones the payment of the fine while the offender is under arrest or serving his sentence in prison or colony.

When paying in installments, the fine is paid in installments. The Code of Administrative Offenses allows installments for 3 months , Art. 398 of the Code of Criminal Procedure of the Russian Federation - for a period of up to 5 years.

Amount and terms of collection

The amount of the administrative fine , according to Art. 3.5 of the Code of Administrative Offences, depends on the seriousness of the offense, the damage received, the amount of illegal proceeds, unpaid taxes, fees and duties. The maximum it can be:

up to 500 thousand rubles . – for citizens;
up to 1 million rubles . – for officials (accountants, heads of legal entities);
up to 60 million rubles . – for organizations and individual entrepreneurs.

A fine as a type of primary or additional criminal punishment was introduced by Art. 46 of the Criminal Code of the Russian Federation. It is set in an exact amount ( from 5 thousand to 5 million rubles ) or in the amount of the income of the convicted person for a period from 2 weeks to 5 years. It depends on the severity of the crime and the degree of damage to the victim.

In both criminal and administrative proceedings, the defendant is given 2 months from the date the court decision enters into force . This occurs 10 days after the decision is made, if there have been no attempts to appeal.

Deferred payment

The request for installment payment of the fine (or deferment) is based on the impossibility of paying it off immediately in full. The reason for this must be valid, as specific and proven as possible. Simply lack of money is not a reason to meet the applicant halfway.

The following justifications are acceptable:

loss of capacity due to illness or injury;
the need for inpatient treatment;
receipt of disability by a convicted person or a member of his family;
birth of a child;
the appearance of dependents, the need to pay alimony;
wage reduction;
loss of income or property due to circumstances beyond the control of the convicted person (for example, due to a fire or natural disaster).

These circumstances must be fully proven by supporting documents. The court will not check the applicant’s life situation in any other way (independently make requests to other government agencies, for example), including due to the extremely short time frame for considering the application.

The difficult financial situation can be confirmed by:

an extract from the Unified State Register of Real Estate on the presence/absence of real estate registered in the applicant’s name;
2-NDFL certificate, bank account statement, etc.
court decision (agreement) on the payment of alimony;
an extract from the house register, a certificate of family composition;
receipts for payment of housing and communal services;
sick leave;
medical certificate confirming limited ability to work or disability, etc.

For an administrative offense

The Code of Administrative Offenses (Article 31.5) allows for deferment of payments for a maximum of 30 days and installments for up to 3 months . The decision is made by the judge or official who issued the order imposing the fine.

In a criminal case

In criminal law, installment plans are used for a period of up to 5 years (Article 398 of the Code of Criminal Procedure of the Russian Federation). Moreover, within 2 months from the entry into force of the sentence, the convicted person is obliged to pay the “first installment”, and repay the remaining amount in installments. The term and amount of the first and subsequent monthly installments are determined by the court.

For information on how to file an objection to a petition, read the article.

Installment plans and deferments do not apply if the defendant violated the law for the first time - he committed a crime of minor or moderate gravity, repented and tried to make amends, and the court released him from criminal liability with the payment of a court fine (Article 76.2 of the Criminal Code of the Russian Federation).

How to make a request for installment payment of a fine

The petition is made in writing, in free form. It must be signed and certified by the applicant or his lawyer, and addressed to the court that issued the verdict (decision).

Accordingly, an application in an administrative case will not be considered by the court if the fine was imposed by decision of an employee of a government agency (Federal Tax Service, Federal Antimonopoly Service, State Tax Inspectorate, most often we are talking about the traffic police). If an inspector, for example, made a decision, and the defendant achieved a reduction in the fine in court, the petition still needs to be submitted to the traffic police.

If the applicant does not plan to attend the hearing , it is recommended to indicate the reason for failure to appear in the text and “ask” the court to consider the petition without him. In this case, the arbitrator will have no reason to postpone the case due to the lack of interested parties, and he will make a decision as quickly as possible.

Sample 2019

There are no statutory templates for drafting a petition. However, without a “header” (information about the addressee and applicant), a request for an installment plan or deferment, a justification for this request and a final signature, the court will definitely not accept it for consideration.

Contents of the application

Samples of filling and explanations

The addressee is the name of the court that made the final decision. If the petition is submitted before the verdict is announced, you can appeal directly to the arbitrator.

The applicant writes his full name, place of residence (stay). It is recommended to indicate your mobile phone number and agree to receive court notifications via SMS in the text - this will speed up the case.

A representative of the applicant can request an installment plan. If we are talking about a criminal case, the text indicates that the defense attorney is acting on behalf of the defendant, under a lawyer’s order, on the basis of clause 30 of the Resolution of the Armed Forces of the Russian Federation No. 21 of December 20, 2011.

Describe the court decision to impose a fine, for example:

“By the verdict (or resolution) I have been sentenced to a fine...”

A petition in a criminal case can be filed at the trial stage. In this case, write the following:

“A criminal case is under consideration... If the court decides that I am guilty and chooses a fine as a punishment...”

Describe the reasons that prevent the immediate payment of the fine. It is recommended to rely on the phrases and definitions of paragraph 5.1 of the Supreme Court Resolution No. 21: the emphasis is on the fact that the prevailing circumstances do not depend on the will of the defendant.

An example of continuing a petition in a criminal case at the trial stage:

“I ask the court to take into account that immediate payment of the fine will be impossible for me due to circumstances beyond my control, namely. »

The applicant has the right to propose to the court his own convenient payment schedule. However, the arbitrator may not accept it and establish a more stringent order (a fine is not a credit and, in fact, should be perceived as a punishment).

In your request you need to refer to Art. 398 Code of Criminal Procedure of the Russian Federation, Art. 31 of the Penal Code of the Russian Federation, Resolution of the Supreme Court No. 21, if we are talking about a fine based on a sentence for a criminal offense. In administrative matters - at Art. 31.5 Code of Administrative Offences.

Submission and consideration by the court

Deferment (installment plan) of an administrative fine is possible only if there is a resolution that has entered into force. That is, the petition is submitted after the appeal period has passed (10 days), or after an appeal. The court formalizes the decision in the form of a ruling.

In a criminal case, a petition can be filed:

At the trial stage , it does not matter what decision the court makes - the defendant, as it were, “reinsures himself.” The arbitrator will determine the procedure for paying the fine in the text of the verdict.
At the execution stage . The court will make a decision on installment or postponement in the form of a ruling.

The petition is submitted through the court office or directly to the arbitrator at a hearing in a criminal case. The application is reviewed within 3 days .

Read on to learn more about the reasons for ordering additional interrogation.

How to write a petition to a bailiff? Details at the link.

In administrative legislation this leads to:

to a double fine;
sometimes - to arrest or community service (Article 20.25 of the Code of Administrative Offenses of the Russian Federation).

In criminal law, sanctions are stricter. A fine imposed as the main punishment may be replaced by:

arrest;
compulsory, forced or correctional labor;
in case of conviction for smuggling, bribery or bribery - imprisonment.

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Complete sample application for deferment of payment of a fine in an administrative case

However, without a “header” (information about the addressee and applicant), a request for an installment plan or deferment, a justification for this request and a final signature, the court will definitely not accept it for consideration.

Contents of the application

Samples of filling and explanations

The addressee is the name of the court that made the final decision. If the petition is submitted before the verdict is announced, you can appeal directly to the arbitrator.

My own lawyer

Resolution of the Supreme Court No. 21: emphasis is placed on the fact that the prevailing circumstances do not depend on the will of the defendant.

An example of continuing a petition in a criminal case at the trial stage:

“I ask the court to take into account that immediate payment of the fine will be impossible for me due to circumstances beyond my control, namely. »

The applicant has the right to propose to the court his own convenient payment schedule. However, the arbitrator may not accept it and establish a more stringent order (a fine is not a credit and, in fact, should be perceived as a punishment).

In your request you need to refer to Art.
398

Conclusion List of attachments, applicant’s signature, transcript, date.

For example, this could be a salary certificate for the last few months, issued at work), indicate below: Appendix on __ sheets.

After 2 empty lines, indicate your full name, signature, date.

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How to apply for a deferment of a fine for a traffic accident violation?

How to correctly draw up an application for deferment of a fine in the amount of 30 thousand rubles for deprivation of rights?

Lawyers' answers (3)

Contact the court that made the decision with an application for deferment/installment payment

Article 203. Postponement or installment plan for the execution of a court decision, changing the method and procedure for executing a court decision [Civil Procedure Code of the Russian Federation] [Chapter 16] [Article 203] 1.

of the Code of the Russian Federation on Administrative Violations of Law, the body or official who made the decision on the purpose of punishment may defer or spread out the implementation of the decision in the presence of conditions due to which the implementation of the decision is impracticable in a certain period, or taking into account the financial situation of the person brought to administrative responsibility .

Timing and magnitude

According to Art. 32.2 of the Code of Administrative Offenses of Russia, an administrative fine must be paid by a person held administratively liable no later than 60 days from the date of the introduction of the decision to impose a fine in fair force or from the date of the end of the deferment or installment plan, stipulated by Art.

Application for installment plan for the execution of a decision imposing an administrative penalty in the form of a fine

Developed by: Garant Company, April 2014

Persons (individuals and legal entities) brought to administrative responsibility may apply to the body that issued the decision on the imposition of an administrative penalty with an application for a deferment or installment plan for the execution of this decision (see.

If the bailiffs begin legal proceedings, the entire amount of the debt will have to be paid within five days.

Providing a deferment will solve a number of problems:

pay when it is convenient for the offender, without harming his financial situation;
avoid transferring the decision to bailiffs and additional interest charges.

For more information about deposits in Sberbank, follow the link.

Find out about deposits here.

It is enough to contact the authorities that issued the decision on the administrative offense in a timely manner, fill out an application, submit it and receive a determination. All that remains is to fulfill the obligation in accordance with the conditions provided by the installment plan.

Sample application for installment payment of an administrative fine

According to Art.

You need to start with the date and number of the decision (protocol). Be sure to provide the correct details of the court or authority.

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Application for installment fine

You also need to submit papers that indicate your financial situation.

The application will be reviewed by the relevant authority, after which it will either confirm it or not. If an installment plan is provided, you will be on a fine payment plan. According to the written statement addressed to the traffic police officer who sentenced you to liability, you will be given a fine payment schedule.

Arbitration court - how decisions are made

If you want to file a petition with the arbitration court, you must familiarize yourself with such requests:

The appeal must be on behalf of the participant in the procedure.
The application may be submitted to the court in the form of a letter or recorded in the minutes during the hearing.
The court must make a decision after analyzing the won application.
If the petition is not approved, the applicant may submit his appeal to the court a second time.

It is important to know how, where and what needs to be done for this.

At the legislative level, in the process of considering cases of administrative offenses, the judge and other authorized bodies make an appropriate decision on the commission of an offense. They also resolve issues related to making decisions on extending the term of execution of punishment in administrative cases.

In this case, certain nuances should be taken into account when it is possible to install a fine in an administrative case:

the presence of reasons indicating the impossibility of paying the fine on time;
problems at work, with the payment of wages and their amount is too small.

The judge is not required to grant a delay, but he has the right to do so. The court does not provide for the provision of installment plans automatically.

It can be written on a computer or by hand. At the beginning of the paper (in the upper right side) you need to write the name of the official who made the decision to reduce the administrative fine and information about the applicant (initials, address, telephone number).

In the text of the application you need to write the details of the paper according to which the fine was imposed on the person (name of the document, the day it was issued and number (if any)). You should also specify the required installment period.

But the longest installment period is three months.
At the end of the paper we write down the day of submission of the application and sign it. If everything is drawn up correctly, then you can defer payment of an administrative fine for a certain period of time.

A sample application for payment by installments of an administrative nature can be downloaded from the link.

But here you should be careful and disciplined.

The court will not check the applicant’s life situation in any other way (independently make requests to other government agencies, for example), including due to the extremely short time frame for considering the application.

The difficult financial situation can be confirmed by:

an extract from the Unified State Register of Real Estate on the presence/absence of real estate registered in the applicant’s name;
2-NDFL certificate, bank account statement, etc.
court decision (agreement) on the payment of alimony;
an extract from the house register, a certificate of family composition;
receipts for payment of housing and communal services;
sick leave;
medical certificate confirming limited ability to work or disability, etc.

For an administrative offense

The Code of Administrative Offenses (Article 31.5) allows for deferment of payments for a maximum of 30 days and installments for up to 3 months .

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, those who made the decision may delay the execution of the decision for up to one month