Liability for failure to pay a fine for an administrative offense

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Attention! Failure to pay a fine may result in administrative arrest or forced labor.

In this case, the goals of administrative punishment are not achieved, the lawful behavior of citizens and officials is not ensured, and the budget suffers losses.

Currently, the situation is changing for the better. The law enforcement practice of bringing to administrative liability under Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, which provides for more severe punishment for failure to pay an administrative fine, up to 15 days of administrative arrest . The bailiff service has a mechanism for interaction with other government bodies and services, allowing for the effective use of measures provided for by law in relation to persons evading payment of administrative fines and other court decisions. The Office of Rospotrebnadzor for the city of Moscow and the Office of the Federal Bailiff Service for Moscow entered into an agreement on cooperation.

In accordance with 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 60 days from the date the decision to impose an administrative fine comes into force or from the date of expiration of the deferment period or installment plan.

For failure to pay a fine within the specified period, Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability in the form of imposing an administrative fine in the amount of twice the amount of the unpaid administrative fine or administrative arrest for up to 15 days or compulsory work for up to 50 hours. Whatever the court decides to impose an administrative penalty within the sanction of Part. 1 tbsp. 20.25 of the Code of Administrative Offenses of the Russian Federation, the initial fine imposed by the resolution on bringing to administrative responsibility must also be paid.

Failure to pay an administrative fine does not apply to continuing offenses, and therefore the act is considered committed and completed the very next day after the expiration of the established period (in normal cases, 61 days).

After this, the court or supervisory authority that issued the decision for the 1st offense sends the relevant materials to the bailiff to collect the amount of the administrative fine in the manner prescribed by federal law.

In addition, an official of a state body authorized to carry out proceedings in cases of administrative offenses draws up a protocol on the administrative offense provided for in Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation in relation to a person who has not paid an administrative fine. A copy of this protocol is sent to the judge within 3 days from the date of drawing up the said protocol.

A protocol on an administrative offense can be drawn up in the absence of the offender (debtor), if this person was duly informed of the time and place of its drawing up, and the rights and obligations were explained. The decision in this case is made only by the court.

Thus, a debtor who fails to pay an administrative fine within the prescribed period falls under the jurisdiction of the bailiff.

The procedure for collecting administrative fines does not differ significantly from other enforcement proceedings and is carried out in accordance with the requirements of the Federal Law “On Enforcement Proceedings”. The bailiff carries out the entire range of measures provided for by law to enforce debt collection. One of the unpleasant moments for the debtor (defaulter of the fine) is the right of the bailiff to temporarily restrict the debtor from traveling outside the Russian Federation.

As mentioned above, if a person is brought to administrative responsibility under Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, the court may decide to impose a punishment in the form of administrative arrest. The procedure for executing a decision on administrative arrest is as follows:

A judge's decision on administrative arrest is executed by internal affairs bodies immediately after such a decision is issued.
A person subjected to administrative arrest is detained in a place determined by the internal affairs bodies. When executing a decision on administrative arrest, a personal search of the person is carried out.
The period of administrative detention is counted towards the period of administrative arrest. Administrative arrest cannot exceed 15 days.
Administrative arrest is served in accordance with the procedure established by the Government of the Russian Federation.

There are certain nuances and restrictions in the law that allow human rights defenders to appeal against the holding of citizens to such liability, as well as to seek the termination of administrative prosecution.

But it’s still better to pay the fine on time!

What does failure to pay an administrative fine within the prescribed period entail?

A penalty for an administrative violation is one of the types of punishments applied by executive authorities to punish the person who committed the offense. In accordance with the Code of the Russian Federation on Administrative Violations, most violations involve a sanction in the form of a fine.

It is necessary to distinguish between a penalty in the form of punishment when committing a criminal act and a penalty when committing an administrative one. What is an administrative offense? It will be clearer if the concept is broken down into several parts. Such an offense is an unlawful act (or inaction) committed by an individual (who has reached the age of sixteen) or a legal entity.

Resolution on administrative fine

Note! In a criminal act, only an individual, but not a legal entity, can be held liable.

Punishment for this action/inaction is established in accordance with the administrative legislation of Russia.

How to pay a fine

When receiving a fine, a citizen is given 10 days to appeal this decision, after which 60 days to pay, for a total of 70 days. However, if the culprit has financial difficulties and is unable to pay the required amount within the legal deadlines, the judge may establish an installment plan and break the fine amount into several parts, increasing the time for payment. In addition to the installment plan, the judge may allow a deferred payment, which also increases the time for payment.

In order to pay the fine, you need to look carefully at the sentencing decision (this is the document that is served based on the results of the consideration of the case), handed over as a result of the consideration of the case. Such a document always indicates the details of the organization to which the established amount needs to be sent. You need to transfer money to the bank using these details. Payment of the fine can also be made using electronic wallets or in the mobile application of a bank.

Indication of details in the resolution

Previously, after payment, the culprit had to provide the authority that punished him with a receipt for the payment made. Today, executive authorities have a database of paid fines. When the time period allotted for payment ends, the official who made the decision checks whether the payment was made by the person involved. A note about this is made in the database. This is how it becomes clear whether a citizen has fulfilled the prescribed sanction measure or not. Or, for example, traffic police officers during special operations (“Debtor”, “Checking fines”, and even just in case of a banal traffic violation, etc.) can check whether the driver has paid all the fines or whether there are unpaid ones.

If, after the specified period, the culprit has not paid the established amount, then he automatically breaks the law again. The Code of Administrative Offenses calls this “Evasion from execution of administrative punishment.” Such a violation is described in Article 20.25 of the Code of Administrative Offenses of the Russian Federation. The said violation is considered by the magistrates' courts.

Liability provided by law

Failure to pay an administrative fine within the prescribed period entails one of the following types of penalties:

Imposition of penalties in the amount of two amounts of the fine that was not paid (but it cannot be less than 1000 rubles). In this case, the guilty person will need to pay three times the original amount, because the punishment that was received before the sanctions under Art. 20.25, no one canceled. That is, if initially the fine was, for example, 2,000 rubles, then in case of non-payment, another 4,000 rubles will be imposed, for a total of 6,000 rubles.
Compulsory work for up to 50 hours.
Administrative arrest (this arrest can last a maximum of 15 days).

Failure to pay a fine may result in administrative arrest for up to 15 days.

Important! If 3 months have passed since the commission of the violation provided for in Article 20.25 (i.e., if the required amount is not paid at the required time), then it is no longer possible to prosecute under the above article, because The term of attraction under this article is exactly 3 months.

So, if law enforcement officers have identified non-payment within a period not exceeding 90 days, then the court can make one of the above decisions on punishment, up to 15 days for an unpaid fine. Whether someone can be imprisoned for failure to pay a traffic police fine is shown by judicial practice, which can easily be found on the Internet. There have already been several cases when the court chose a measure of punishment for those who did not pay in the form of arrest.

In addition to punishment in accordance with Article 20.25 of the Code of Administrative Offenses of the Russian Federation, materials on the case are sent to bailiffs. They initiate enforcement proceedings for forced collection. In this case, the debtor is sent a corresponding resolution, where he is asked to voluntarily pay the outstanding fine within a period of five days. If the debtor does not voluntarily repay the unpaid amount, then an enforcement fee is collected from him, amounting to 7% of the amount that the bailiffs are set to withhold, but not less than 1000 rubles. In this case, in addition to the fine, there will also be an obligation to pay the enforcement fee. When bailiffs carry out their duties in this area, a ban on traveling abroad of the Russian Federation may be imposed on those who have not paid their fines. Bailiffs have plenty of ways to influence a debtor.

Ban on travel outside Russia

The laws of the Russian Federation for torts in this area provide only for administrative liability, as for criminal liability: currently the legislator does not provide for a penalty for non-payment.

What will be the consequences of an administrative offense in the future?

When a repeated offense is committed, as a rule, the body making a decision on the case will choose from the possible types of sanctions for the committed act more serious than those assigned the first time. So, if the first time the court imposed a fine for failure to pay a fine on time, then the second time a decision will be made to assign compulsory labor or arrest.

Many people are interested in the question of what the consequences of an administrative offense are in the future when applying for a job or entering an educational institution, what could be the consequences? If a citizen who has previously been brought to administrative responsibility enters the service of law enforcement agencies (or a departmental educational institution), then potential employers (heads of educational institutions) may have questions about him, and in case of serious misconduct, admission may be refused. Such a situation will not affect the employment of the defaulter in a civil organization.

Important! Responsibility has its own period of time, this period is equal to one year from the date of involvement of the person. Upon expiration of the specified time period, the person is not considered to be brought to administrative responsibility for the violation. What does an administrative offense affect after a year? The answer is simple - it doesn’t affect anything.

Summarizing the above and drawing conclusions, you need to note the most important things on the topic:

The person held accountable has seventy days to pay the fine.
Payment is made according to the details indicated in the resolution imposing a sanction for a tort;
Failure to pay an administrative fine within the appropriate period of time entails prosecution under Article 20.25 of the Code of Administrative Offenses of the Russian Federation and involves a second penalty, twice the original penalty - compulsory labor or arrest for up to 15 days;
Bailiffs will forcibly collect the unpaid amount.
In addition to the liability provided for failure to pay a fine, the debtor may be restricted from traveling outside Russia.

You should not delay in paying the imposed penalty. After all, the state will still have to pay the bills, one way or another, and if there is a delay, the punishment will be more severe than the original one.

Liability for failure to pay a fine for an administrative offense

According to the Code of Administrative Offenses of the Russian Federation: failure to pay an administrative fine within the period established by law is qualified as an independent offense and entails the risk of bringing the defaulter to administrative liability.

The content of the article

The article discusses the issues of initiating cases under Article 20.25 of the Code of Administrative Offenses of the Russian Federation, the procedure for bringing to justice for non-payment of a fine in case of violation of traffic rules of the Russian Federation and exemption from punishment when the statute of limitations of the traffic police fine has expired.

Grounds for prosecution for failure to pay a traffic fine

If the traffic police fine is not paid for violating the Traffic Rules of the Russian Federation, or if it is not paid in full, the violator is prosecuted under Article 20.25 of Part 1 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses, the Code).

Today, the above-mentioned disposition of the article also applies to persons who have committed violations of traffic rules of the Russian Federation and is as follows:

Failure to pay an administrative fine within the period prescribed by the Code of Administrative Offenses entails the application of one of the following penalties:

— an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles,

- administrative arrest for up to fifteen days,

- compulsory work for up to fifty hours.

As can be seen from the sanction of the cited legal norm, the penalties established by the legislator in Article 20.25 of the Code are quite serious. Also, in addition to administrative punishment, enforcement measures may be applied to the subjects of the offense by bailiffs, in the form of restriction of the rights to drive vehicles, seizure of the debtor’s property, and a ban on traveling outside the Russian Federation. The logic of the legislator who established such penalties for non-payment of a fine is understandable and logical, if we think from the point of view of the state.

Despite the fact that Article 20.25 of the Code of Administrative Offenses of the Russian Federation has been in effect for many years, the collection of administrative fines has not increased. Evidence of this is the norm adopted not so long ago, according to which the amount of the traffic police fine for violations of traffic rules of the Russian Federation is automatically reduced by 50 percent if paid within twenty days from the date of its issuance (Article 32.2, paragraph 1.3 of the Code). What can an ordinary citizen do if, by chance or life circumstances, he was unable to pay the traffic police fine assigned to him for violating traffic rules?

The question posed requires, first of all, clarification, and the answer to it directly depends on the specific circumstances of a particular case. After all, the driver or owner of the vehicle, which happens quite often, may not have known about the fines issued for traffic violations. Often fines are not paid or are not paid extra due to the financial situation of the offender who lost his job, got sick or found himself in another difficult life situation. In these cases, when initiating a case under Article 20.25 of the Code, you need to contact an automobile law lawyer or an auto lawyer who will help you find an acceptable way out of the current situation.

In order not to bring the matter to administrative liability for failure to pay a traffic police fine, you should know the requirements of the law and the opportunities that the driver has when executing a decision in a case of an administrative offense.

The fine for violating traffic rules must be paid no later than sixty days from the date the resolution comes into force. It is important to correctly calculate the effective date of the decision on a fine, since the decision on the legality of imposition of punishment for non-payment depends on this.
If it is impossible to pay the fine for good reasons related to the financial situation of the person subject to punishment, he must apply to the court or body that issued the decision to impose an administrative fine for violation of traffic rules of the Russian Federation, with an application for deferment of the payment deadline in the manner provided for in Article 31.5 Code.
As a rule, with a substantiated and correctly drawn up application for an installment plan, the administrative authorities that issued decisions on fines provide additional time to fulfill the obligation to pay the traffic police fine. The installment period ranges from one to three months (depending on the circumstances of the case). Thus, you will have the legal opportunity to make payments in installments without violating the deadline for paying the administrative fine.

Statute of limitations for a traffic police fine under Article 20.25 of the Code of Administrative Offenses of the Russian Federation

The initiation of proceedings in the case under Part 1 of Article 20.25 of the Code of the Russian Federation on the Administrative Offenses is within the competence of police officers. As a rule, an administrative protocol is drawn up by an employee of the state traffic safety inspectorate or a local police officer. In addition to the above-mentioned categories of officials, this can also be done by a bailiff executing a decision on an unpaid traffic fine.

Initiation of administrative proceedings and documentation of an offense under Part 1 of Article 20.25 of the Code occurs when it is directly detected by a traffic police officer. If, after stopping the vehicle and checking the driver using the federal database of debtors, information about previously unpaid fines is confirmed, the traffic police inspector draws up an administrative protocol. In these circumstances, the vehicle is placed in an impound lot, and the driver is detained until the case is considered by a judge.

A defaulter of a traffic police fine for violating traffic rules can be held administratively liable only in the manner prescribed by the Code and within the statute of limitations provided for in Article 4.5 of the Code of Administrative Offenses. We have already discussed this issue in detail in the article:

Thus, beyond the three-month statute of limitations calculated from the date of commission of the offense, that is, failure to pay an administrative fine, it is impossible to prosecute the driver under Article 20.25 Part 1 of the Code of Administrative Offenses of the Russian Federation! However, the initial fine for violating traffic rules will have to be paid if the two-year period provided for the execution of the penalty has not expired (Article 31.9 Part 1 of the Code).

Challenging the decision to impose administrative liability for failure to pay a traffic police fine

Compliance with the rule of law in proceedings on cases of administrative offenses is a key principle that should guide government bodies carrying out administrative activities and justice. However, as practice shows, failure to comply with the procedure and procedure for bringing to administrative responsibility for failure to pay a traffic police fine is grounds for canceling the decision and terminating the proceedings.

If there are grounds for appealing a decision made under Part 1 of Article 20.25 of the Code, this must be done. Unfortunately, sometimes, in order to achieve justice, it is necessary to go through a long process of appeal, right up to the Supreme Court of the Russian Federation. Depending on the legal grounds and factual circumstances of the case, it is necessary to determine the appeal tactics. At the same time, you should always evaluate the possibility of challenging the initial decision, and do this even if the deadline for filing a complaint has expired, which can be restored.

General issues regarding the appeal procedure are discussed in the article:

Only trained people or specialized lawyers in the field of administrative law can correctly deal with appealing an illegal decision for non-payment of an administrative fine.

An example of a successful appeal against decisions of a magistrate and deputy chairman of the regional court of the Kursk region is the decision of a judge of the Supreme Court of the Russian Federation dated October 8, 2015 No. 39-AD15-6. The circumstances of the case are as follows: citizen O.E.N. was brought to justice under Part 1 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation with a punishment in the form of deprivation of the right to drive vehicles, with a fine of 30,000 rubles.

After some time, the bailiff drew up an O.E.N. protocol under Part 1 of Article 20.25 of the Code, and the magistrate imposed a double fine for this violation - 60,000 rubles. N. unsuccessfully appealed this decision to the federal court and to the regional court. Only after more than 10 months from the date of the unfair decision, it was overturned by a judge of the Supreme Court of the Russian Federation, and the case under Part 1 of Article 20.25 of the Code was dismissed. “What is this decision based on?” - you ask, based on the fact that by the time the administrative protocol was drawn up, the statute of limitations for holding people accountable for failure to pay a traffic fine had expired.

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Fine for non-payment of fine

Summary:

Failure to pay an administrative fine on time is considered by law as an independent offense. The consequences for the offense are more serious than the initial punishment. Let's find out what threatens a citizen for evading debt repayment on time.

Consequences of failure to pay a fine

The liability of a violator of law and order for inaction in the event of an administrative penalty in the form of a fine is established in Part 1 of Art. 20.25 Code of Administrative Offenses of the Russian Federation:

Failure to pay an administrative fine within the period prescribed by the Code of Administrative Offenses of the Russian Federation entails the imposition of an administrative fine in the amount of twice the amount of the unpaid fine, but not less than 1,000 rubles. In addition, unpleasant consequences for a citizen may include compulsory labor imposed for up to 50 hours, or administrative arrest for up to 15 days.

PLEASE NOTE: holding a citizen accountable for failure to pay an administrative fine does not relieve him of the obligation to pay the originally imposed fine! Partial execution of a punishment does not relieve a citizen of responsibility, except in cases expressly provided by law.

For example, fines imposed for administrative offenses in the field of traffic on the basis of Ch. 12 of the Code of Administrative Offenses of the Russian Federation, can be paid by the person brought to justice in half the amount if within 20 days from the date of the decision on the sanction (Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation). But, in most cases, in order to avoid liability under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, you must pay the imposed fines in full.

If a deadline for paying a fine is missed, the materials of the administrative case are transferred to the bailiffs. As part of enforcement proceedings, in addition to imposing a “double fine,” other sanctions may be applied to a willful defaulter of administrative fines, for example, a temporary restriction on the freedom of movement (travel) of the debtor outside the state.

What is late payment?

Since the occurrence of “additional” liability of fined citizens is associated with deadlines, you need to be able to correctly determine (count) them.

The general rule for calculating time limits when executing decisions on the imposition of administrative fines is established by Art. 32.2 Code of Administrative Offenses of the Russian Federation.

In most cases (there are exceptions), the administrative fine must be paid by the citizen no later than 60 days from the date the decision on the fine comes into force . In this case, 10 days are added for appeal or the period is increased by the number of days it took for the district court to make a decision .

Based on Art. 4.8 of the Code of Administrative Offenses of the Russian Federation, the period defined by the period begins the next day after the calendar date that determines the beginning of the period. That is, 60 days (+ 10) are counted from the next day after the date specified in the resolution.

If a citizen nevertheless decides to pay the first fine, then before the expiration of the deadline set for payment, it is better to submit a copy of the payment receipt to the state structural unit that issued the decision. In the absence of information about the transaction, a procedure for the forced execution of the penalty is initiated, namely, prosecution for failure to pay the assigned fine under Part 1 of Art. 20.25 Code of Administrative Offenses of the Russian Federation.

Always keep the original receipt (paper or electronic) with you.

Is there a statute of limitations for failure to pay a fine?

Citizens are required to pay fines if they do not exercise the right to appeal the decision to impose administrative liability or if their complaint is not satisfied.

The deadline for paying a fine can always be found directly from the decision on the case.

According to Part 1 of Art. 23.1 of the Code of Administrative Offenses of the Russian Federation, a resolution in a case of non-payment of an administrative fine is considered in court, and the procedure for considering the case cannot be started later than 3 months from the date of expiration of the period established for the execution of the initial sanction (Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

After 3 months, imposing a penalty for a late fine is illegal!

A citizen may be required to pay only the basic fine.

Thus, the expiration of the general period for bringing to administrative responsibility under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation begins on the 71st day after the date of the decision (60 + 10 for appeal), and ends from this day after 3 months .

YOU NEED TO BE CONSIDERED: paying a fine later than the deadline established by law does not deprive the authorized body of the opportunity to bring a citizen to justice under Art. 20.25 Code of Administrative Offenses of the Russian Federation. But, practice shows that if the debt is nevertheless repaid and there is confirmation of this (receipt), then a new protocol is usually not drawn up. If, despite paying the fine, the case is still sent to court, then there is a high probability of avoiding double punishment altogether. In the worst case, a fine will be imposed, doubled, but the citizen will not be arrested.

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Liability for failure to pay a fine for an administrative offense

The content of the article

Grounds for prosecution for failure to pay a traffic fine

Today, the above-mentioned disposition of the article also applies to persons who have committed violations of traffic rules of the Russian Federation and is as follows:

Failure to pay an administrative fine within the period prescribed by the Code of Administrative Offenses entails the application of one of the following penalties:

— an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles,

- administrative arrest for up to fifteen days,

- compulsory work for up to fifty hours.

The fine for violating traffic rules must be paid no later than sixty days from the date the resolution comes into force. It is important to correctly calculate the effective date of the decision on a fine, since the decision on the legality of imposition of punishment for non-payment depends on this.
If it is impossible to pay the fine for good reasons related to the financial situation of the person subject to punishment, he must apply to the court or body that issued the decision to impose an administrative fine for violation of traffic rules of the Russian Federation, with an application for deferment of the payment deadline in the manner provided for in Article 31.5 Code.
As a rule, with a substantiated and correctly drawn up application for an installment plan, the administrative authorities that issued decisions on fines provide additional time to fulfill the obligation to pay the traffic police fine. The installment period ranges from one to three months (depending on the circumstances of the case). Thus, you will have the legal opportunity to make payments in installments without violating the deadline for paying the administrative fine.

Statute of limitations for a traffic police fine under Article 20.25 of the Code of Administrative Offenses of the Russian Federation

Challenging the decision to impose administrative liability for failure to pay a traffic police fine

General issues regarding the appeal procedure are discussed in the article:

Only trained people or specialized lawyers in the field of administrative law can correctly deal with appealing an illegal decision for non-payment of an administrative fine.