After what period is a traffic police fine not valid?
Statute of limitations for paying traffic fines
- Statute of limitations
- — statute of limitations for fines from cameras
- - expiration date for bailiffs
- Due date
- If you don't pay the fine
- - if the fine is overdue
- — does a subpoena arrive?
- Question answer
Question answer
Within 60 days from the date of entry into force of the resolution. (within 70 days from the date of delivery of the decision)
If payment is not made, the traffic police fine will be canceled after two years.
There is no deadline for writing off traffic fines, that is, it will always be in the database, it is important that it is paid.
No, the case is closed upon application when the fine expires.
The period for enforcement proceedings on traffic police fines is 2 years; after this period you cannot be held accountable, but the fines are not reset.
You will have 60 days from the date of entry into force of the resolution to make payment. (within 70 days from the date of delivery of the decision)
You will have 60 days from the date of entry into force of the resolution to make payment.
A fine of double the amount, but not less than 1000 rubles.
Arrest up to 15 days.
Mandatory work until 15:00.
Within 20 days from the date of receipt of the decision.
If traffic police fines are not paid on time, they can issue a fine of double the amount, but not less than 1000 rubles, arrest for up to 15 days, and assign compulsory work for up to 15 hours. If the amount exceeds 10,000 rubles, they may be prohibited from leaving the country and removed from driving the vehicle.
If you do not pay a fine for a long time, this may become a reason for applying more serious sanctions against you. To prevent this from happening, we advise you to familiarize yourself with all the pitfalls in this matter.
What is the statute of limitations for traffic fines?
There are three situations when the statute of limitations is considered:
The inspector stopped him for violating traffic rules, but did not issue an order.
The case was brought to court, but you have not yet been summoned to the hearing.
You have been ordered to pay a fine.
In each case, there is a period after which you will not be held accountable.
There are often situations when a traffic police officer stopped you and returned your documents, but at the same time informed you that he would draw up a protocol later and you would need to drive up and pick it up.
Remember, until you receive the resolution in your hands, it cannot enter into legal force.
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if within two months you have not been issued a decree and have not handed it over, then they simply do not have the right to hold you accountable.
Your case was sent to court, but there is no result of the hearing within 3 months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire and will simply be irrelevant.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
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.
Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation
Therefore, if you have any fines, you should be careful on the road, because if you are stopped by an inspector, he will most likely check you for debt in relation to administrative offenses. What happens if you don’t pay the fine, read our article.
Is there a statute of limitations for fines from cameras?
As you know, not all violations can be recorded by a video camera, but a resolution will still be drawn up and sent to your postal address at the place of registration.
Often, such letters take a long time to reach the recipient or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
What is the expiration date for traffic police fines issued by bailiffs?
When a ruling is made, you are given 10 days to appeal it. If the driver decides not to appeal, then after this period he will have 60 days to find funds and pay the debt. But the most interesting thing will happen when these three months pass. The case will be brought to court, after which, within 22 months, bailiffs will begin to look for you, and any ordinary checks by a traffic police officer may end in a bullpen.
In other words, the shelf life of fines issued by bailiffs is equal to the statute of limitations in the traffic police, that is, two years.
But, we remind you that if you do not send the corresponding application to the traffic police after two years, then as soon as you are “identified”, the case can be resumed.
Deadlines for payment of traffic police fines by law
Once you are issued a ruling, you will have 10 days to appeal it.
A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation
After this, the period for paying traffic police fines begins, since the document comes into force after the end of the period provided for appeal.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation
Based on what is written above, you are given time to pay off the fine, which is 60 days.
If you are sure that you will not appeal and want to pay the debt as soon as possible, then first check whether your violation falls under one of the following:
Driving a vehicle that is not registered in the prescribed manner (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).
Driving or handing over the steering wheel to a person who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
Repeated speeding (parts 6 and 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Repeated driving through a red traffic light (Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
Repeated entry into the oncoming lane (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Repeated movement in the opposite direction on a one-way road (Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Causing minor or moderate harm to health (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
Drinking alcohol after an accident (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
If your violation is not on this list, then from the date of the decision, within 20 days you will be given a 50% discount to pay the fine.
What happens if you don’t pay the traffic police fine?
Traffic police fines may not be paid within 70 days from the date of delivery of the decision, where 10 days are given for appeal. However, after this period of time, liability is provided for non-payment of traffic police fines, which is regulated by part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
In other words, if you are in debt, the fine for non-payment will be twice the amount of the fine, but not less than 1000 rubles.
But, according to Part 3 of the Note to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, if you do not pay traffic police fines from cameras, then arrest is not applied.
Administrative arrest provided for in Part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating automatically and having the functions of photography, filming, and video recording. , or means of photography, filming, and video recording.
Part 3 Notes to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
We can conclude that if you have not paid the traffic police fine received using photo or video cameras, then you should either pay it with a 50% discount before it becomes twice as large, or hope for the statute of limitations.
What to do if the fine is overdue?
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off.
When the traffic police fine is not paid within 60 days, the court, in most cases, imposes an administrative fine of double the amount, unless, of course, you are a persistent defaulter. To avoid harsher punishment, it is better to pay the specified amount.
If you do not pay the fine for more than a year, and traffic police officers do not stop you for checks, and a summons to court does not arrive in the mail, then the bailiffs are not looking for you and you can wait until the expiration of the statute of limitations (2 years) and close this fine after this period has expired. State traffic inspectors.
Are they summoned to court for failure to pay a fine?
What kind of administrative punishment to impose on you for failure to pay a fine is decided by the court, and bailiffs will monitor its implementation.
To conduct a hearing, you will definitely be summoned to court to serve a repeated ruling indicating the violation and the sanctions against you:
Double fine.
Arrest up to 15 days.
Mandatory work until 15:00.
Also, if the amount of debt is more than 10,000 rubles, then the bailiffs have the right to impose on you a ban on leaving the territory of the Russian Federation (clause 1, part 1, article 67 of the Federal Law of October 2, 2007 No. 229-FZ), as well as a temporary restriction on the use of a special right in the form of driving a vehicle (deprivation of rights).
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the enforcement document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use of the debtor special right. If the requirements of the executive document for the collection of an administrative fine imposed for violating the procedure for using a special right are not fulfilled, the debtor may be limited in the use of only this special right.
Part 2 of Article 67.1 of the Federal Law of October 2, 2007 No. 229-FZ
As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have 5 days to voluntarily pay off your debts, otherwise, otherwise, you will not be released from the country, removed from driving the vehicle, and also blocked funds in accounts.
The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.
Part 12 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ
To avoid all this red tape and not regret what you have done, we advise you to periodically check for fines, as well as make timely payment of debt.
Statute of limitations for traffic police fines
Good afternoon, dear reader.
Not every driver knows that traffic police fines received quite a long time ago may not be paid on completely legal grounds.
This article will discuss the statute of limitations for traffic police fines , as well as the features of paying overdue fines for traffic violations.
Statute of limitations for traffic police fines
The statute of limitations for traffic police fines is regulated by Article 31.9 of the Code of Administrative Offences:
Article 31.9. Limitation period for execution of a decision imposing 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.
The statute of limitations is 2 years from the date of entry into force of the decision imposing a fine.
Calculation of the statute of limitations for traffic police fines
Let me remind you that the decision to impose an administrative fine comes into force 10 days after it is issued (10 days are given for appealing it).
Thus, if the driver does not pay the traffic police fine within 2 years + 10 days , no one will be able to collect this fine from him.
Let's look at the situation using an example. Today is September 18, 2018. Let's subtract 2 years and 10 days from this date. Thus, fines for violations committed by drivers before September 7, 2016 do not need to be paid. Fines received after this date will have to be paid.
One more feature. If the driver appeals the decision to impose a fine (for example, in court), then 2 years will begin to count only after the decision comes into force, i.e. after the court hearing (+ possible period for appeal).
By the way, I would like to remind you that for failure to pay traffic police fines, the driver may be subject to a double fine (but not less than a thousand rubles), or compulsory work for up to 50 hours, or administrative arrest for up to 15 days. Administrative arrest cannot be used as punishment for non-payment of fines recorded automatically (by cameras).
How long does a traffic police fine last?
Validity period of traffic police fines
The question of how long a traffic police fine is valid is clear - the fine does not expire. But there is not always an obligation to pay for it. Including the common term “fine expires” has a right to life, but in rare cases. But let's talk about everything in order! To begin with, to answer the question of how long a traffic police fine is valid, you need to determine all the terms of the imposed fine.
1. 10 days to appeal the fine and 20 days to pay with a discount
So, the day when you were issued a decree (namely a decree, not a protocol; a protocol is not a fine, it is only the initiation of an administrative case (Part 1 of Article 28.2 of the Administrative Code)), the countdown of the fine period begins. This applies to fines issued by a traffic police inspector when a copy of the resolution was handed to you against your signature (even if you refused to sign the resolution). Fines that arrive by mail from cameras that automatically record violations begin to apply from the day you receive a copy of the resolution by mail, and, if you refused to receive a copy (if delivered by registered mail), then from the day the letter with a copy of the resolution was sent back to the traffic police as undeliverable.
But the payment deadline has not yet arrived - yes, yes, you do not yet have an obligation to pay such a fine, since at this time the deadline for appealing the fine is in effect (Part 1 of Article 30.3 of the Administrative Code). That is, after the decision is made, you are given time so that you can appeal this decision. This time is 10 days.
If caught with a fine : there is nothing criminal during this period. The traffic police inspector can at most remind you that such a fine will need to be paid. or appeal.
In addition, immediately after a decision with a fine is issued, the deadline for paying the fine with a discount applies (Part 1.3 of Article 32.2 of the Administrative Code). The discount does not apply to all fines, but to many. The discount does not apply to fines for drunkenness, for leaving the scene of an accident, and for many violations where deprivation of rights is provided, as well as for repeated violations.
How long does the discount on traffic police fines last? The discount is valid for 20 calendar days after the date of the decision. It is important not to confuse the fact that the discount does not apply after receiving a copy of the resolution, but rather from the date of the resolution. So, if you received a copy of the decision issued by the automatic violation camera by mail, and this letter was sent for more than 20 days, then the discount, unfortunately, will be expired.
2. 60 days to pay the fine
But on the 11th day the period for appealing the fine ends and the payment period begins. Exactly 60 days are given to pay traffic fines. In total, we have a total period of 70 days. After this period, the fine is considered overdue.
And what then when the fine is overdue?! This is where the most dangerous part for the driver begins. For failure to pay a fine on time, he can be prosecuted under Part 1 of Article 20.25 of the Administrative Code, which provides for punishment in the form of a double fine or administrative arrest for up to 15 days.
If you are caught with a fine : since the fine can be paid in any of the 60 days that are given for payment, then if the inspector catches you with such a fine on the road, he may offer to pay it on the spot (if he has a reception terminal installed in his official car payment of fines). You can legally refuse.
3. 3 months for prosecution for late payment of a fine
And the time has come, perhaps, for the most “criminal” issue regarding the length of a traffic police fine. After 70 days (10 days to appeal plus 60 days to pay the fine), the fine becomes overdue.
For late payment of fines, the Code of Administrative Offenses has a separate article - 20.25, part 1 of which provides for punishment for such non-payment in the form of a new fine in double the amount of the unpaid amount or, attention!, administrative arrest for up to 15 days. If you have 10 unpaid fines on time, then 10 new orders will be issued or an arrest may be assigned for each overdue fine. At the same time, the old fines do not disappear anywhere - you are still obliged to pay them. Cases under this article (as well as any others where administrative arrest appears) are considered only by judges (Part 1 of Article 23.1 of the Administrative Code).
How long does the penalty for failure to pay a fine last? But there is also a positive thing about this punishment: you can be charged with a fine for late payment only within three months after the start of the non-payment period (Part 1 of Article 4.5 of the Code of Administrative Offenses). Correctly calculating this period is, in fact, not difficult: from the date of receipt of a copy of the resolution or the date of delivery of the resolution by a traffic police officer, you count 70 days, and then 3 months (precisely days and months, respectively).
For example, if you were issued a fine on March 1, 2017, then on March 11 your appeal period ends and the period for paying the fine begins. We add another 60 days, and on May 10 the deadline for paying the fine ends, the fine is considered overdue. In total, starting from May 10, you can be prosecuted under Article 20.15 of the Administrative Code. But you can only attract until August 10, 2017.
If caught with a fine : In practice, if there is a 20.25 train, police officers can take the driver to court directly from the place where they stopped him. Unfortunately, this practice is widespread, but it is illegal (although inspectors consider it absolutely legal, and judges abet them in this). The fact is that the driver can be taken somewhere only either as part of administrative detention or delivery. Both of these procedures are described in the Administrative Code.
Detention is carried out only in exceptional cases when timely and correct consideration of the case is required (Part 1 of Article 27.3 of the Administrative Code). An administrative case is initiated by protocol. And here there are no grounds for a timely consideration of the case. Only if you yourself declare that you are going to evade receiving a subpoena or fail to appear at the hearing of the case in court.
Delivery is carried out not to the court at all, but to the police department or traffic police department to draw up a report, if the report cannot be drawn up at the scene of the offense (Part 1 of Article 27.2 of the Administrative Code). Here, too, delivery is illegal, since the inspectors always have protocol forms with them, but even if they are absent, this is not a basis for delivery.
The only legal plot, if a traffic police inspector caught you with an untimely fine paid, can develop like this:
- the inspector draws up a protocol on 20.25, thereby initiating an administrative case;
- the inspector releases the driver and submits the report to the court for consideration;
- The driver receives a summons to appear in court.
That's it, there can be no deliveries or detentions.
4. 2 years to enforce the fine
Execution of the decision is considered to be payment, including forced payment. Only bailiffs have the right to force a citizen to pay a fine. To enforce the fine, they must be handed over to them from the traffic police, and they, in turn, must initiate enforcement proceedings. So, if the fine was not transferred to the bailiff service within two years after it came into force, then this fine is not subject to execution (Part 1 of Article 31.9 of the Administrative Code) - that is, after 2 years + 10 days (if the resolution was not appealed) the fine expires and you have no obligation to pay it.
Such a fine will still appear in the traffic police database, but neither the traffic police officers nor the bailiffs can oblige you to pay it, and we can say that the fine is no longer valid.
How long is the fine in special cases?
There are also exceptional cases, except for periods when the fine ceases to apply and the obligation to pay it disappears. Article 31.7 of the Code of Administrative Offenses regulates such cases. And such cases include:
- amnesty for the punishment for which the fine was issued;
- death of the person against whom the fine was issued;
- official loss of force of a penalty for a violation for which a fine was issued;
- cancellation of the decision with a fine by a higher authority upon appeal;
- in cases of fines imposed on organizations, exclusion of a legal entity from the register or liquidation of the organization.
How long is the fine valid if it is appealed?
All of the above deadlines are either postponed or are meaningless if the decision has been appealed. The fact is that almost all of the listed deadlines are based on the date the resolution entered into legal force. But if it was appealed, then the entry into force is delayed (or the decision is cancelled).
If the decision is appealed, the start of the fine is postponed to a new date, when the decision of a higher official or judicial body considering the complaint against the fine enters into legal force. And if the fine was canceled by such a person, then the fine ceases to operate at all - it simply no longer exists.
It should be borne in mind that if a fine is appealed, the discount on it ceases to apply (Part 1.3 of Article 32.2 of the Administrative Code). But in practice, there is a loophole in this law - if you first pay the fine at a discount and then appeal it. But if the fine is cancelled, it will take quite a long time to return the amount paid by writing an application to the Ministry of Finance.
How long does a traffic police fine last?
The traffic police fine has no statute of limitations. However, the driver cannot always pay for all his violations. Because of this, unpleasant things often happen to car owners. To avoid them, you need to know what traffic police fines exist. This article will tell you how long a traffic police fine is valid.
How much time is given to appeal a fine?
The driver is given ten days to appeal the fine.
Twenty days are given to pay the fine. If a police inspector stops a car with an unpaid fine, he can draw up a written notice, or limit himself to a verbal reprimand.
Receiving a discount
During this period, it is possible to receive a 50% discount on payment of the amount.
The discount may cover many violations. A driver who repeatedly violates the rules, drives while intoxicated, or leaves the scene of a crime cannot receive a discount. The discount can be used within twenty days after the driver receives the document. The discount begins after the document has been drawn up. If the letter arrives in the mail later than twenty days later, then you cannot receive a discount.
Appeal
After the day the fine is issued, the driver has ten days. To appeal it. The fine is active from the moment the document about the violation is written. The appeal period of ten days is valid when traffic police officers informed the violator about the violation and issued a special document. Fines received by mail take effect when they are received. If the violator refuses a copy of the document, it is returned to the road inspection.
Time given to appeal a fine
The fine must be paid no later than ten days.
The law also provides for a discount on fines. In some cases, it is possible to make a partial payment. A driver cannot receive a discount if he has been deprived of his license as a result of a violation. Also, a discount cannot be given to a driver who has violated the law a second time. You can pay the traffic police fine within twenty days after receiving the decision. It should be remembered that the period for receiving the discount depends on the date the fine was received.
When sixty days are given to pay the fine
An appeal must be filed within ten days.
You must pay for traffic violations within sixty days. After 70 days, an unpaid fine issued by the traffic police is considered overdue. If the fine has not been paid, the driver may be given a double fine, administrative arrest or arrest for fifteen days.
If the police arrest a person who has not paid a fine for more than ten years, the driver will be asked to pay the fine at the scene of the incident. You can refuse, or you can agree. Punishment for refusal is not provided for by law.
You can be held accountable for an unpaid fine within three months.
If the fine has not been paid within seventy days, then it can be called overdue.
Article 20.25 of the Code of Administrative Offenses states that an unpaid fine may result in a double fine or arrest for fifteen days. A penalty is imposed for each overdue fine. Even overdue fines are subject to payment. Penalties for overdue fines can be made up to three months after the date of delay.
How long can a driver be punished?
Violators can be brought to justice within three months. The police cannot forcefully take you to the judicial authorities. The police can only take a person away if he has administrative violations. If a person only has unpaid fines, officers can only remind the driver that there are fines.
When traffic police officers stop a driver with a fine
The police can detain a violator right on the road. However, we must remember that according to the law, it is possible to take away a violator for prosecution only after committing a crime.
Prosecution for non-payment
A person can only be detained in exceptional circumstances specified in Article 27.3 of the Code of Administrative Offences.
The driver can only be detained if he evades attending court. The detainee can be taken to the police station or traffic police department.
By law, the police can:
- Draw up a protocol on the administrative violation.
- Release the offender and submit the document to the court.
- The court sends a summons to the violator.
How much time does a driver have to pay a fine?
The violator is given two years to pay the fine. Force may be used against the driver. Only officials can engage in coercion. Traffic police officers provide information about fines to bailiffs. If the traffic police has not submitted the fines to the court within two years, then it is impossible to force the violator to pay the fines. When two years and ten days have passed since the issuance of the order, it is impossible to force the violator to pay for the violation.
Exceptions
There are some situations where the fine may end before two years.
Such situations can be called:
- Receiving an amnesty.
- Death of an individual.
- Loss of violation documents
- Appealing a fine to the court.
- Termination of activities of a legal entity.
How long does a fine last after appealing it?
The deadline for paying the fine can be changed or postponed.
The payment period depends on the time when the driver was issued a decision by the traffic police. If the driver appeals the decision, it loses its force. Then the driver is either relieved of responsibility, or the court postpones the deadline for paying the fine. The deadline for payment of the fine can be postponed by a superior official or the judicial officer who considered the fine.
If the court has canceled the fine, then you do not need to pay it. If you appeal a fine, you cannot receive a payment discount on it. You can make it simpler - first pay the fine, and then appeal it. But if the fine can be appealed, the driver will have to return the funds. This can only be done by contacting the Ministry of Finance.
Nuances regarding the deadline for paying fines
There are also some nuances regarding the validity period of fines:
1. The validity period of the fine begins again after the violator or things belonging to him are discovered.
2. If the driver received a deferment for the fine, then the period for paying the fine increases.
Finally, every driver needs to know that fines for traffic violations must always be paid on time. You can avoid problems by contacting the traffic police on time and paying the fine.
How a driver is held accountable
If the driver exceeds the speed limit, his violation will be recorded by a camera.
A violator who has exceeded the speed limit or committed other violations is sent a registered letter. The text of the letter will contain the driver's violation and a request for payment. If the driver wants to receive notification of a violation in a timely manner, he needs to subscribe to the telephone or email newsletter. In this case, notifications will be sent by email or phone. And it will be possible to control the number of fines. If the letter is lost in the mail, the driver is also required to pay a fine. The sent letter is returned to the video recording center after thirty days.
What punishment may follow for failure to pay a fine?
The punishment for an unpaid fine is determined by the magistrate. When the case goes to court, the offender may be prosecuted. It is the judicial authorities who decide what responsibility to bring the violator to. Punishment may include a double fine, administrative arrest and community service.
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”.