After what period do traffic police fines expire?

How long does it take for traffic police fines to expire?

Many people are hesitant to pay fines because they believe they will be absolved from liability once the statute of limitations expires, but this strategy does more harm to drivers than good. Below we will find out what the statute of limitations is for fines and why you need to immediately pay off traffic police debts.

Procedure for imposing an administrative fine

Most offenses related to non-compliance with traffic rules fall into the administrative category. Responsibility for them is provided for in the Code of Administrative Offenses of the Russian Federation (CAO), and the main method of punishment is the imposition of a fine. Penalties are applied according to the following algorithm:

1. An official (for example, a traffic police officer) records the offense. After this, he either independently issues a resolution to impose a fine, or draws up a special act, which is then submitted to the court for a decision; If the judge considers the official’s arguments to be fair, the court will issue a decision to impose a fine.
2. The above resolution (“chain letter”) is either sent to the violator by registered mail or delivered to him personally. After receiving it, the offender has exactly 10 days to appeal it to a higher judge or official (this norm is enshrined in Article 30.3 of the Administrative Code).
3. If within 10 days the citizen has not appealed the resolution (has not filed a complaint against it) or such an attempt has ended in failure (for example, the court found the offender’s arguments unconvincing), then this resolution comes into force. In fact, this means that a person must pay the fine within the next 60 days (this is the norm set forth in Article 31.9 of the Code of Administrative Offences).

How long does it take to voluntarily repay the debt?

After the decision on an administrative offense comes into force, the driver has exactly 60 days to pay the fine. Moreover, if a citizen does not pay the debt within the specified period, his case is transferred to the Federal Bailiff Service (FSSP) for forced collection.

Please note that after the expiration of the 60-day period, the court or official may additionally hold the violator accountable for evasion under Article 20.25 of the Code of Administrative Offenses. Methods of punishment are the imposition of a double fine, arrest (for 15 days) or forced labor (up to 50 hours). The imposition of a fine occurs in the standard way - a resolution is handed to the violator, the person is given 10 days to appeal, in case of non-payment, the case is transferred to the FSSP, and so on. The initial fine is also payable.

How long does it take for traffic police fines to expire?

The statute of limitations for traffic police fines is exactly 2 years from the moment the decision to impose it comes into force (that is, after 10 days from the date of issuance, which are given to file a complaint). This norm is fixed in Article 31.9 of the Code of Administrative Offences.

However, due to some features of administrative proceedings, almost all traffic police fines are de facto indefinite. The explanation is as follows:

• Traffic police fines can be paid either voluntarily or forcibly.
• The voluntary method looks simple - a person transfers a sum of money to a special government account. Transfer methods can be different - it can be payment using a bank, using special electronic terminals, visiting a traffic police department, and so on.
• The compulsory method looks like this: the court or an authorized person submits a delinquency order to the bailiffs, and FSSP employees confiscate money or property to pay off the debt. However, forced collection is not considered the actual transfer of money or property in favor of the FSSP, but the very fact of transferring the decision to the bailiffs. At the same time, the statute of limitations in an administrative case does not apply to the FSSP, therefore such a debt is unlimited.
• Theoretically, a situation is possible in which FSSP employees do not receive a decision on late fines - in this case, after the expiration of the statute of limitations (2 years), the person will actually be released from punishment. However, in practice, the probability of such an event is almost zero (for example, a letter with a decree on delay was lost in the mail, and the judge forgot to resend the letter).

To consolidate the material, we will consider two main scenarios:

Installment and deferment

In some situations, the official or judge may additionally grant the offender an installment plan or deferment. Main cases:

What are the dangers of refusing to pay traffic fines?

There are various penalties for late fines:

• After the 60-day period, your case will be transferred to the FSSP for forced repayment of debts (we will consider this scenario in detail below).
• Upon expiration of the repayment period, the court may hold you accountable for evading payment of traffic police debts under Article 20.25 of the Code of Administrative Offenses. Punishment methods include double fines, arrest or forced labor. However, please note that in order to be prosecuted under this article, the judge must prove that you were given timely notice of the fine. This fact can be proven in various ways; main cases - you received a notification with a signature, the fact of delivery of the notification was filmed, and so on.
• If you have been deprived of your driver's license, you can return it only after paying off all fines. Let's consider this situation: on December 1, you committed an offense and were fined 1,000 rubles, and on December 15, you committed another offense and your license was taken away for 1 month - in such a situation, you will be able to take away your license on January 15 only if you By now you have already paid off the fine.

Forced collection

If the 60-day period has expired, the FSSP may forcefully collect a fine. Bailiffs can make collections in various ways, but the following scheme is most often implemented:

• After receiving the resolution, the FSSP officer opens enforcement proceedings and sends a letter to the person at his place of residence demanding that he pay the fine within a certain period of time (usually 5-10 days).
• If the period has expired, the FSSP carries out forced confiscation of the property. Confiscation methods can be different - it can be writing off money from bank cards, confiscation of personal objects, withholding part of wages, and so on.
• Let us remind you that cases of forced collection are not subject to the statute of limitations for administrative offenses, and in the event of the death of the violator, the debt will pass to his legal heirs.

What to do if the fine has expired, but continues to remain in the traffic police database?

Information about all active fines is stored in a special database, to which all traffic police officers have access. However, sometimes this database does not work correctly:

• You recently paid off the fine, but it continues to appear in the database (this is due to the fact that the database is not updated immediately, but within 1-5 days). If a traffic police officer stopped your car and determined that there was a fine, then you must state that you paid off the debt very recently, so it is quite possible that the information is out of date.
• If your case was not transferred to the FSSP, and the statute of limitations has expired, but your case remains in the database. If a traffic police officer stopped you, then you need to say that the statute of limitations on your case has expired (be sure to refer to Article 31.9 of the Administrative Code).

How else can you avoid paying fines?

You also need to remember some important points:

• You can challenge the traffic police fine within 10 days after receiving the notification. In this case, you will have to prove that you were wrongfully prosecuted. For example, if you were illegally fined for seriously speeding, in this case you can provide the court with technical documentation for the car, which will show that your car cannot accelerate to such speeds.
• If you pay the fine within 20 days of receiving the notification, then you will be given a 50% discount. However, please note that this benefit does not apply to all cases (for example, the discount does not apply to cases of driving under the influence of alcohol). The full list of preferential cases is listed in Article 32.2 of the Code of Administrative Offences.

Conclusion

Let's summarize. Legally, the statute of limitations for traffic police fines is 2 years, but in fact such fines are indefinite due to the peculiarities of the judicial system. A person is given 70 days to repay the debt (10 days for an appeal + 60 days for repayment itself). After this, the case is transferred to the FSSP, and bailiffs have the right to confiscate property to pay off debts. In case of prompt repayment, a person may be given a discount.

Do traffic police fines expire and after how long if they are not paid?

Traffic police fines have deadlines, and there are a great many of them. First, the deadline for entry into legal force, the deadline for appeal, then the deadline for payment, then the deadline for prosecution under the article for late payment, and only after that - the deadline for the “burning out” of the fine. Looking ahead, we answer: yes, traffic police fines expire . This happens after 2 years, but there are conditions and fines do not expire in all cases.

How long does it take for traffic police fines to expire?

So, if you don’t pay traffic fines, they will expire—the data is current as of December 6, 2019. This happens 2 years after the date of entry into force of the decision on such a fine. Article 31.9 of the Code of Administrative Offenses tells us this:

Article 31.9. The limitation period for the execution of a decision to impose an administrative penalty.

1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.

As you can see, everything is simple! Execution of a punishment is the payment of a fine, and if the fine has not been executed within two years from the date it entered into legal force, it expires.

But what is the effective date? According to the same Code of Administrative Offenses (Article 31.1), this is the date on which the period for appealing the decision on a fine expires. That is, first the inspector makes a decision (namely a decision, not a protocol), then there is a period during which this decision can be appealed, and after this period the decision comes into force, and it can no longer be appealed. The appeal period for almost all traffic fines is 10 days. But this period is interrupted if you appeal the decision.

If the decision was made not by the inspector, but by means of automatic recording, then the period for appeal begins after the driver has been properly notified of the punishment. Such notification is a registered letter with a copy of the resolution received by the driver at his place of registration if he did not evade receiving it.

Example: citizen Ivanov committed a violation on June 3, 2016 - he was driving at an excessive speed, which was recorded by a self-driving camera. As a result, a resolution was drawn up against him, issued on June 5 of the same year, and a copy of the resolution was sent to Ivanov by mail. Ivanov received this copy on June 14, 2016, and did not appeal this fine.

As a result, we get the following timing:

• The date of entry into force of the resolution is June 24, 2016 (date of receipt of the copy + 10 days for appeal).
• The expiration date for the fine is June 24, 2018.

It seems like nothing complicated, doesn’t it?! But in reality, fines are burned in this way very rarely. The fact is that the state takes good care of replenishing the budget, so it will not allow you to simply not pay a fine - this will be discussed below.

In what cases are fines not expunged?

So, we already know that the execution of the decision is the payment of a fine. But there is also such a term in legislation as “compulsory execution”. It's simple - it's transferring the fine to bailiffs for execution. This happens after the deadline for paying the fine has expired. Remember above we talked about the date the fine came into force? So, from this moment the period for paying the fine also begins, which is 60 days (not 2 months, namely 60 days). After this payment period has expired, the fine is considered overdue, and it is then that the traffic police have the opportunity to transfer this fine to the bailiffs, which (opportunity) they take advantage of.

That is, in the end we get that the fine, which was transferred to the Federal Bailiff Service, was enforced, so the period of 2 years does not apply to it.

Bailiffs, however, have no statute of limitations on fines at all. This means that if the fine is being executed by the bailiffs, it will never expire.

By the way, there is another important point regarding the period of the fine - from the moment it is considered overdue (after 10 days for appeal plus 60 days for payment), the period for collection under a rather tricky article of the Code of Administrative Offenses begins - 20.25. This article provides for punishment for late payment of a fine in the form of a new fine in double the amount of the overdue amount or arrest for up to 15 days.

Another case when a traffic police fine does not expire is the second part of Article 31.9 of the Code of Administrative Offences, which states that if a driver evades paying a fine, then the period of 2 years for him is interrupted. This is where the difficulty lies for legislators. The fact is that the fact of evasion is an active action, and therefore it still needs to be proven. A couple of the simplest such evidence is the confession of the evader himself or his actual residence not at the place of registration (and, as a result, the impossibility of notifying him), and the latter is also not so easy to prove to the authorities.

In fact, perhaps 99% of all fines cannot be expired only because they are handed over to bailiffs for execution, and this is precisely the reason why most fines never expire. You can check current information about such proceedings on the official website of the FSSP. That is why it is much more profitable to pay fines with a 50% discount within a 20-day period than to count on the fact that they will expire after 2 years.

What can I do to make the fines disappear?

Unfortunately, for 2019, there are no active actions to make the traffic police fines disappear. It makes no sense to do anything to give the fine the status of “burnt”, since the fine still remains with the driver; the obligation to pay it simply disappears.

It is also impossible to speed up the period after which fines expire.

Why, if the fine is burned, does it not disappear from the traffic police database?

When checking traffic police fines, burned fines will almost always be displayed as unpaid, because, as mentioned above, “burning” of fines is a conventional name; in fact, the fines do not expire, the obligation to pay them simply disappears, therefore, when checking fines in the databases, they remain current, unpaid.

Is it possible to get your license back if it was deprived along with a fine, but the fine was burned?

In cases where the decision imposes both a fine and deprivation of rights (for example, under articles for driving while intoxicated, for refusing to undergo a medical examination, etc.), 2 years may pass without the fine being paid. In this case, the fine also expires and there is no obligation to pay it. However, you will not be able to return your driver’s license without paying a fine, since such a condition is directly stated in the article on the conditions for returning the right to drive after deprivation (Article 32.6, part 4.1 of the Code of Administrative Offenses of the Russian Federation).

What traffic police fines are valid?

Summing up, we conclude that fines expire after 2 years, regardless of the article of the Code of Administrative Offenses under which we were fined. But there are exceptions in which fines do not expire, what are they?

1. The fine does not expire if the decision on it was transferred to the bailiffs.
2. The fine does not expire if the fined person evaded paying it.
3. The fine does not expire if it was issued to someone who has been deprived of the right to drive (in this case, it will be impossible to return the license without paying the current fines).

Traffic police fines - when they expire after a violation is committed

A fine is issued by a traffic police officer for violating traffic rules. In other words, penalties are punishment for actions committed. Like any unlawful act, a fine has a statute of limitations. Simply put, after a certain period of time (2 years) the fine ceases to be valid and it cannot be recovered from the violator.

Since the statute of limitations does not begin immediately, many are interested in the question of how long it takes for traffic police fines to expire after a violation. Does the statute of limitations apply in all situations?

How long does it take for the traffic police fine to expire?

Details on this issue are set out in Art. 31.9 Code of Administrative Offenses of the Russian Federation. It states that administrative punishment cannot be applied if a two-year period has expired since the document entered into force. According to the above, no questions can arise, since execution of a punishment means payment of a fine on time. When payment has not been received and authorized persons have not collected the money, the imposed sanction ceases to have legal significance.

Not all drivers understand what the effective date is. In Art. 31.1 of the Code of Administrative Offenses of the Russian Federation states that this is the calendar date when the period for appealing the decision has already passed. The order should be like this:

1. The traffic police officer draws up a resolution. This should not be confused with the protocol that is drawn up at the scene of the incident.
2. The period during which the decision can be appealed begins to count (10 days).
3. At the end of this period, the document acquires legal force and it will no longer be possible to protest it. When appealing a ruling, the ten-day period is interrupted.
4. From the moment such a period ends, the document acquires legal significance and the statute of limitations begins to count.

It happens that a decision is made not by a traffic police inspector, but by special means of auto-recording - a camera on the highway. In this case, the period for appeal begins to run from the moment of proper notification of the guilty person. Notification is the sending to the address of the violator of a copy of the resolution in the form of a registered letter with notification. It is necessary that the citizen receive this notification and not avoid receiving it.

A practical example of calculating the statute of limitations

Let's look at an example of calculating deadlines for a specific fine to understand when, but it will expire.

S. Petrov, on July 5, 2017, committed a violation - driving at excessive speed. His illegal actions were recorded by a security camera. As a result, a protocol was drawn up and a decision was issued on June 5, 2017. A copy of the resolution was sent to the offender by mail, and he received the document on June 15, 2017. Petrov did not file an appeal, but the resulting deadlines were as follows:

• the resolution became effective on June 25, 2017 (the date the citizen received the letter + 10 days to appeal);
• The sanction expires on June 25, 2019.

It turns out that there is nothing complicated in the calculation process. The driver just has to calculate everything and then wait for the fine to be cancelled. In fact, everything is far from simple. The state monitors the payment of fines and entrusts collection to authorized agencies and persons.

Under what circumstances are fines not expunged?

In addition to the concept of “execution of a resolution,” there is another term, “forced execution.” Everything is quite simple. If the driver does not pay the money on the issued “invoice,” then all that remains is to hand it over to the bailiffs for execution. Such actions can be carried out after the expiration of the period allotted for paying the fine.

According to the law, a citizen is given 60 days to pay the fine. At the end of this period, the overdue payment for collection is transferred to the bailiffs for execution. As a result, the penalty sent to the Federal Bailiff Service is considered executed, and therefore the statute of limitations does not apply to it. The bailiffs do not have any restrictive periods, because the fine is being executed.

There is one more important point. When the fine amount is not paid, the violator may be prosecuted under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, which provides for a different punishment - a double fine or arrest for up to 15 days. Another point is described in Part 2 of Art. 31.9 Code of Administrative Offenses of the Russian Federation. According to this clause, if the driver does not fulfill the punishment, then the two-year period for him is interrupted. The main difficulties here are for legislators, since the fact of evasion of responsibility still needs to be proven.

The most popular questions related to the burning of traffic police fines

Often they try to speed up the process of burning out fines for drivers, but in fact, no additional actions in this matter can help. All that remains is to wait. You should not hope that if the fine “burns out”, it will disappear from the database. The need to pay for them will disappear, but they will remain in the register.

There is one more nuance. It happens that with a fine, the driver’s license is taken away. You should not think that canceling the sanction will help you regain your rights. Without paying the full fine, the license will remain with the traffic police.

Conclusion

At the end of the presented note, it is worth drawing conclusions:

1. The basis for paying a fine is a decision of the state inspector or a means of auto-fixation. The driver has the right to appeal this document.
2. If the violator refuses to pay, then at the end of two years, the sanction expires. In this case, it will not be possible to take away the rights.
3. If the case is transferred to bailiffs, the statute of limitations for such cases no longer applies.

​Limitation period for traffic police fines in 2019 | Statute of limitations

Can the statute of limitations on a traffic police fine expire so that it no longer has to be paid?

⚡️The statute of limitations for administrative and criminal cases appeared in the world legal system several thousand years ago and is currently enshrined in most legislation of the countries of the Romano-Germanic legal family.

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Despite the ongoing debate among legal scholars, in 2019 a rule related to the de facto nullification of liability for committing certain illegal actions after a long period of time also exists in Russian legislation. The rule is associated with the loss of social significance of certain crimes at a significant temporary distance from the moment of their commission, the inappropriateness of punishment, years separated from the crime, problems with the evidence base in old cases.

Collect traffic police fines in an armful and throw copies of decisions in the trash - what could be simpler? Unfortunately, this method of solving the problem will only delay, and often even worsen, the situation of the motorist.

Among other, often very serious offenses, trivial traffic police fines also fall under the rule regarding the statute of limitations. This issue in the Code of Administrative Offenses is regulated by Article 31.9. The statute of limitations under the ShG is 2 years from the date the resolution enters into legal force.

Article 31.9. Limitation of execution of a resolution on the imposition of an administrative penalty 1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution was not enforced within two years from the date of its entry into legal force.

We can agree that two years or 24 months is a fairly short period of time in a human life, and a Russian is quite capable of waiting out such a period of time. In ideal conditions for a motorist, this is exactly the case. Moreover, until recently, a significant number of motorists managed to slip through the described window of opportunity and evade the traffic police fines imposed on them, guided by the rule of reaching the statute of limitations .

Today, it is extremely difficult for a motorist from a large city to endure traffic fines until expire . There are the following reasons for this:

• Electronic mobile databases of unpaid traffic police fines from the traffic police;
• Active work of the bailiff service;
• Prohibition on registration of a vehicle with outstanding fines.

Hypothetically, there is, of course, a chance to hold out until the “amnesty” associated with the expiration of the statute of limitations on traffic police fines . But let's look at what the life of a motorist will consist of throughout the entire waiting period.

The first ten days after receiving a traffic police fine are the most rewarding time. This period is left by the legislator for appealing the very fact of committing an offense. During this time, the offender can live a normal life without attracting the attention of government authorities. Then another 60 cloudless days are given to find funds to pay the collection. Clouds will begin to gather over the careless motorist on the 70th day of late payment. During this period, a significant part of the fines goes to bailiffs, but even here the “penalty officer” has the right to count on 10 days of persuasion and requests.

Then the motorist will find himself in a kind of airless space for 22 months. Both traffic police and bailiffs will be interested in his personality at the same time. Any evening check of documents can end in the bullpen, the debtor’s property - his wages and bank accounts, will be levied, virtually without warning, the court can easily deprive the driver-debtor of his rights, limit his right to travel, double the existing debt or sentence him to real correctional work. The full arsenal of means of influencing the “dodger” from fines, available “in the arsenal” of the security services, is so large that just listing them could lead to a separate article.

There is a chance that in the case of a very small traffic police fine of 500-1000 rubles, no one will hunt you. However, there is little point in living in fear for two years because of such a trifling amount. In the case of larger amounts, you are guaranteed to attract the interest of bailiffs and the traffic police. In such cases, it will be extremely difficult to delay until the statute of limitations on traffic police fines expires . And in the cases of such large, advanced regions as Moscow and the Moscow region, St. Petersburg and the Leningrad region, the Krasnodar Territory and the Republic of Tatarstan, it is almost impossible - the work of state control bodies is too clearly structured for these territories.

There are other subtleties, as we have repeatedly mentioned, the traffic police fine after a 70-day delay in payment goes to the FSSP (Federal Bailiff Service). No matter how stupid it may sound, bailiffs are not as friendly to car owners as the traffic police. It is rarely possible to quickly and reliably pay off fines sent to the FSSP. Resolving issues at this stage involves going to banks and working with paper receipts.

By the way, even if the motorist in some extraordinary way still managed to “avoid” the traffic police and the FSSP for two years and reached the expiration of the statute of limitations on fines , he still will not be able to avoid the final bow to government agencies.

The head of the local traffic police, in an amicable way, should receive from a debtor with fines for which the statute of limitations has expired , an application with a request to stop execution of them and remove irrelevant information from the general database.

And finally, on the topic of statute of limitations , we note that avoiding paying a traffic fine , that is, waiting for the expiration of its statute of limitations , is mostly achieved not by drivers who hid well from the bailiffs, but, rather, by motorists whom the bailiffs did not look for well or did not look for at all. . Clauses 2, 3 and 4 of the same article tell us about this 31.9 :

• The statute of limitations for traffic police fines begins to be calculated anew if either a person evading payment of the fine or his property is discovered;
• If the fine was to be paid in installments or deferment, then the statute of limitations is increased by the amount of the latter.

The easiest way to protect your life from unnecessary hassle is still to timely pay the traffic police fine . It is possible to play super-agent with the state, but coming out of this game as a winner is an extraordinary task. As always in our publications, we recommend that drivers check and instantly pay their fines through the online service “Staff Fines”.

How long does it take for traffic police fines to expire?

When will the fine expire?

The answer to the question of whether traffic police fines expire sooner or later is clear - almost any fines expire due to the statute of limitations. But it's not that simple. The timing of fines is a rather complex subtlety of car law, which, nevertheless, can be understood. And we will try to lay out such deadlines in a simple way and answer the question about the expiration of traffic police fines after a certain time.

But first, we’ll find out what the fines are!

What are the deadlines for fines?

A fine as an administrative punishment has its own life cycle. Moreover, he can be immortal in certain (common) cases. But in any case, this cycle consists of certain segments of administrative procedures and risks for the owner of this fine. Let's briefly list the main deadlines for fines.

1. The period for entry into legal force is 10 days after the date of receipt of a copy of the resolution by the person against whom the fine was issued (Part 1 of Article 30.3 of the Administrative Code). This period begins either from the next day (terms in the Code of Administrative Offenses always begin from the next day after the official start of the period - Part 1 of Article 4.8 of the Code of Administrative Offenses). But if the decision with the fine was appealed, then this period is extended for the duration of the appeal plus 10 days for entry into force after the decision on appeal.
2. After it comes into force, the period during which you are required to pay this fine begins. It is 60 days.
3. After these 60 days, the traffic police has the right to transfer the fine for enforcement to bailiffs.
4. Also, after the expiration of the same 60 days for payment, the period for collection for a late paid fine under Part 1 of Article 20.25 of the Code of Administrative Offenses begins. The fine has not yet burned out (and, perhaps, will not burn out at all). Under this article, you may be forced to pay a fine in double the amount of the overdue one (and the overdue fine will not expire at this time - the obligation to pay it still remains) or to administrative arrest for up to 15 days. The period for attraction under 20.25 is 3 months after the start of formation of the composition (the first day when the fine became overdue after 60 days - Part 1 of Article 4.5 of the Administrative Code).
5. After the period for attracting an unpaid fine expires, the obligation to pay the fine still remains, and this traffic police fine does not expire.
6. But we will describe the sixth point, when it burns out, in a separate paragraph below.

When do traffic police fines expire?

As we found out, none of the above deadlines means that the fine is lost. But, nevertheless, in certain cases this happens. In what cases and how long do traffic police fines expire?

There is a separate article in the Code of Administrative Violations - 31.9, which specifically stipulates the statute of limitations for fines. Let's quote the first part:

1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force .

What is execution of punishment? This is the payment of a fine (in the case of a fine). Moreover, this payment can be either voluntary or forced. The transfer of the fine to the bailiffs in this case is precisely forced execution. Moreover, the fact of forced execution is not considered the fact of collection of a fine by the bailiffs, but rather the transfer of the case to the bailiff service. This means that if the fine was handed over to the bailiffs, then it will be enforced until forced payment at the expense of the debtor’s funds on cards, accounts or at the expense of property.

What does all of this mean? And the fact is that the traffic police fine expires if it has not been transferred to the bailiffs within two years from the date of its entry into legal force. If it was transferred, then it will never burn out, and sooner or later you will have to pay for it. Even after the death of the debtor, the unburned fine passes to his heirs.

And now a simple example of all of the above.

• The owner of the car received a ticket issued by a traffic camera for speeding by mail. The fine was issued on September 1, 2017. A copy of the resolution arrived to the owner by mail on September 15.
• Thus, on September 26 (10 days from the next day to enter into legal force), the fine came into force, since the owner did not appeal it.
• On November 26, the deadline for paying the fine passed, and on November 27, the deadline for prosecution under Article 20.25 of the Code of Administrative Offenses began.
• This period lasts until February 27, 2018 (moreover, you will not be put under administrative arrest for auto-recording - Note to Article 20.25 of the Administrative Code).
• After February 27, the obligation to pay the fine remains, and it has not yet expired.
• In total, this obligation lasts from September 26, 2017 to September 26, 2019. If the fine has not been transferred to the bailiffs during this time, then after September 26, 2019 it will expire. Moreover, the owner of the car not only may not pay for it, he does not have the right to do so (according to the text of Article 31.9 of the Code of Administrative Offences, “ not subject to execution ”). But if it was handed over to the bailiffs, then the fine does not expire, and the owner will have to pay it for the rest of his life (and then the fine goes to his heirs).

You can check whether the fine was handed over to the bailiffs or not on the website of the FSSP of the Russian Federation using the resolution number. However, it should be borne in mind that there were cases when the fine did not “make its way” through the database at the moment, and the question is whether the database is late with the data or the fine was transferred retroactively (enforcement proceedings were initiated retroactively), open .

What are the exceptions to the two-year expiration of traffic fines?

There are subtleties in which such a two-year period, when fines expire, is extended. There are only two such nuances: the fine can be spread out or deferred by an official or a judge (Part 3 of Article 31.9 of the Administrative Code) for periods of no more than a month for deferment (Part 1 of Article 31.5 of the Code of Administrative Offenses) and no more than 3 months for installments (Part. 2 Article 31.5 Code of Administrative Offences).

In what other cases can the fine not be cancelled?

As we found out, the fine expires only if it has not been transferred to the bailiffs within a two-year period. But there are a number of other nuances when the fine not only doesn’t expire, but without paying it you will have a hard time.

One of the most common cases is the condition of the return of rights after deprivation only after payment of all existing fines. This is provided for in Part 4.1 of Article 32.6 of the Code of Administrative Offences. Yes, the fines in this case may well be lost, but you simply will not get your license back if you are deprived of it until you pay the existing fines. Therefore, for persons deprived of their rights, the issue of burning fines is twofold. And if you plan not to pay traffic fines, waiting for them to expire, then in this case you should especially avoid violations that lead to deprivation of rights.

Another nuance is that the administrative code provides for such a thing as evasion of paying a fine. Whether the very fact of non-payment is such an evasion is a two-fold question. Since, on the one hand, you might not even know about the presence of a fine if your signature in receiving a letter with a copy of the resolution is nowhere to be found, and you have no obligation to check various kinds of Internet sites, including official ones and the State Services portal. Then it cannot be evasion.

On the other hand, part 1 of Article 20.25, mentioned above, provides for punishment for simple failure to pay a fine on time. But the article itself contains in the title the phrase “evasion of punishment.” That is, on the other hand, this confirms that simple failure to pay a fine is evasion.

But the nuance is that a violation under this article is also formed only if you knew about the presence of an overdue fine, which can only be confirmed by the presence of your signature in the notification of delivery, which most likely is not there, or a signature in the resolution that remained with traffic police inspector, if the fine was issued manually, and not by an auto-recording camera. In theory, if you did not know about the fine and did not receive a copy of the resolution, then it did not enter into legal force at all, and it was not only due for delay, but also for payment.

Therefore, we are still inclined to believe that evasion is not the simple fact of non-payment of a fine. Evasion is avoiding letters from bailiffs, avoiding receiving a copy of a decision, and the like. But it is not entirely clear what the lawmaker who will officially consider the case on this issue will think.

The fine was burned, but is still “hanging” in the traffic police databases

Everything is simple here too. The fine formally expires, but in fact such a fine does not disappear from the traffic police database. Simply, when checking, the inspector will see that the statute of limitations for the fine has passed and will not try to remind you of it by legal or illegal means. And, if he tries, remind him of the existence of Article 31.9 of the Code of Administrative Offenses, confirming that the traffic police fine has already expired.