Installment payment of a fine for an administrative offense

Article 31.5. Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty

See comments to Article 31.5 of the Code of Administrative Offenses of the Russian Federation

Information about changes:

Federal Law No. 57-FZ of March 8, 2015 amended Part 1 of Article 31.5 of this Code

1. If there are circumstances due to which the execution of a decision imposing an administrative penalty in the form of administrative arrest, deprivation of a special right, forced expulsion from the Russian Federation of a foreign citizen or stateless person or in the form of an administrative fine is impossible within the established time frame, a judge, body, official the person who made the decision may delay the execution of the decision for up to one month.

2. Taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread over a period of up to three months by the judge, body, or official who made the decision.

Information about changes:

Federal Law No. 378-FZ of December 14, 2015 amended Part 3 of Article 31.5 of this Code

3. Postponement or installment plan for the execution of a decision imposing an administrative penalty in the form of an administrative fine does not apply to foreign citizens and stateless persons who have been assigned an administrative fine simultaneously with administrative deportation from the Russian Federation, as well as to persons who have been assigned an administrative fine for committing administrative offenses provided for in Articles 11.26, 11.29, 12.9, parts 6 and 7 of Article 12.16, Article 12.21.3 of this Code, in the case of committing these administrative offenses using vehicles owned by foreign carriers.

Information about changes:

Federal Law No. 57-FZ of March 8, 2015 supplemented Article 31.5 of this Code with Part 4

4. When applying a deferment or installment plan for the execution of a decision to impose an administrative penalty, the court, body, or official that issued the decision shall indicate in the decision the period from which the execution of the administrative penalty begins.

Article 31.5 of the Code of Administrative Offenses of the Russian Federation. Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty (current version)

URL
HTML
BB code
Text

Commentary to Art. 31.5 Code of Administrative Offenses of the Russian Federation

1. Delay in the execution of a decision is not allowed in the case of execution of a decision imposing an administrative penalty in the form of a warning, in the form of an administrative fine collected at the place of commission of the administrative offense, in the form of administrative expulsion from the Russian Federation of foreign citizens or stateless persons, when executing decisions on paid seizure or confiscation of a thing that was an instrument or subject of an administrative offense, as well as in the execution of a disqualification order.

On administrative offenses entailing administrative punishment in the form of deprivation of special rights and in the form of administrative arrest, see, respectively, the comments to Art. 32.5, 32.6. On the execution of decisions on the imposition of an administrative fine, collected at the place where the administrative offense was committed, as well as on the execution of the decision on disqualification, see, respectively, the comments to Art. 32.3, 32.11.

In relation to a judicial act issued against a legal entity and an individual entrepreneur in the manner established by the APC (see paragraph 4 of the commentary to Article 30.1, paragraph 1 of the commentary to Article 30.9, paragraph 1 of the commentary to Article 31.3), deferment or installment execution of a judicial act, change in the method and procedure for its execution are established by Art. 324 APK. According to Part 1, 2 Art. 324 of the APC, in the presence of circumstances that complicate the execution of a judicial act, the arbitration court that issued the writ of execution, at the request of the bailiff, has the right to postpone or defer the execution of the judicial act, change the method and procedure for its execution.

An application for a postponement or installment plan for the execution of a judicial act, for a change in the method and procedure for its execution is considered by the arbitration court within a month from the date of receipt of the application by the arbitration court at a court hearing with notification to the bailiff. The failure of the said person to appear, duly notified of the time and place of the court hearing, is not an obstacle to the consideration of the application.

Based on the results of consideration of the application, a determination is made.

On the correlation of procedural legislation when considering cases of administrative offenses, see paragraph 1 of the commentary to Art. 29.1.

2. In accordance with Art. 18 of the Federal Law of July 21, 1997 N 119-FZ “On Enforcement Proceedings”, in the presence of circumstances that impede the performance of enforcement actions, the bailiff, on his own initiative or at the request of the parties, as well as the parties themselves, have the right to appeal to the court or other body, who issued the writ of execution, with an application for a deferment or installment plan for its execution, as well as a change in the method and procedure for execution. Compulsory execution of the resolution (decision) on the imposition of an administrative fine is carried out in accordance with Art. 32.2 of the Code of Administrative Offenses by a bailiff in the manner prescribed by the Federal Law “On Enforcement Proceedings”.

3. Imposition of administrative penalties in the form of deprivation of special rights and in the form of administrative arrest in accordance with Art. 3.8, 3.9 of the Code of Administrative Offences, falls under the jurisdiction of judges, who, within the meaning of the Code of Administrative Offenses, make appropriate decisions on the imposition of administrative penalties, and also have the right to delay their execution.

Delay and installment plan for the execution of a resolution (decision) in a case are allowed, in accordance with the commented article, only when a decision is made to impose an administrative penalty.

There is no delay in the execution of a decision to terminate proceedings in a case of an administrative offense of the Code of Administrative Offenses. The decision on issues of deferment and installment execution of the decision to impose an administrative penalty is made in the form of a ruling.

4. Postponement and installment plans for the execution of a resolution (decision) in a case are allowed when administrative offenses are committed by an individual, and in relation to administrative offenses entailing an administrative penalty in the form of an administrative fine, with the exception of the collection of an administrative fine at the place where the administrative offense was committed, also by a legal entity.

Within the meaning of part 2 of the commented article, the judge, body, official who made the resolution (decision) on the imposition of an administrative fine, when deciding on the issue of deferring its execution, must take into account the financial situation of the offender - an individual, a legal entity (see parts 2, 3 Article 4.1 of the Administrative Code).

5. In accordance with the commented article, this refers to the postponement and installment plan of execution of a decision on the imposition of an administrative penalty that has entered into legal force. On the entry into force of an arbitration court decision in a case of an administrative offense committed by a legal entity or individual entrepreneur, see paragraph 1 of the commentary to Art. 30.9.

What to do if there is no money to pay the fine?

In accordance with Article 31.5 of the Code of the Russian Federation on Administrative Offenses, the body or official who made the decision to impose an administrative penalty in the form of an administrative fine may defer and (or) spread out the execution of the said decision in the presence of circumstances due to which the execution of the decision is impossible within the established time frame, or taking into account the financial situation of the person brought to administrative responsibility.

Persons (individuals and legal entities) brought to administrative responsibility may apply to the body that issued the decision to impose an administrative penalty with an application for a deferment or installment plan for the execution of this decision (see Appendix 1, Appendix 2).

Deferment is a postponement of the deadline for fulfilling obligations for a period of up to one month (see Part 1 of Article 31.5 of the Code of Administrative Offenses of the Russian Federation).

Installment plan is the payment of an administrative fine in installments by a person held administratively liable for a period of up to three months (see Part 2 of Article 31.5 of the Code of Administrative Offenses of the Russian Federation).

An application for a deferment or installment plan for the payment of an administrative fine is considered within three days from the date of receipt of the application by the administrative body.

The official who issued the decision on the fine based on the results of consideration of the application issues a ruling to defer the execution of the decision to impose a penalty or to refuse to satisfy the application.

The basis for applying the installment payment of the fine is the financial situation of the person. Therefore, the application for the use of installment plans must be accompanied by a document indicating the financial situation of the person (balance sheet, certificate of income, information about existing dependents, etc.).

On the application of installment payment of a fine or refusal to satisfy an application, the official who issued the decision on the fine issues a Determination on installment execution of the decision to impose a punishment or on refusal to satisfy the application.

If the official does not satisfy the application for an installment plan or deferment, the administrative fine must be paid within the period specified in the Resolution. Failure to pay an administrative fine on time will be grounds for bringing to administrative liability under Art. 20.25 of the Code of Administrative Offenses of the Russian Federation (see Terms and procedure for bringing a person to administrative responsibility under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation).

Installment payment of an administrative fine to the traffic police

Good afternoon, dear reader.

Quite often in practice you can find drivers who thoughtlessly violate traffic rules and receive quite large fines for this (for example, up to 30,000 rubles for driving while intoxicated).

However, not every driver is able to pay the entire fine at once. In particularly difficult cases, the driver’s monthly income may be significantly less than the amount of the fine. This is where the question arises: is it possible to pay an administrative fine in installments ?

Today we will talk about the features of the installment plan for an administrative fine, as well as how to obtain this installment plan. In addition, a sample application for obtaining installment plans will be provided. Let's get started.

Installment of a fine in an administrative case

Installment payment of an administrative fine is provided for in Article 31.5 of the Administrative Code:

Article 31.5. Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty

Please note that the maximum installment period is 3 months . To obtain an installment plan, you must submit an application to the judge or official who issued the order imposing the fine.

In addition, to receive an installment plan, you must provide a document confirming your financial situation.

How to apply for an installment plan to pay an administrative fine from the traffic police?

In order to apply for an installment plan to pay an administrative fine, you must complete the following steps:

1. Find out the name and position of the person who issued the decision to impose an administrative fine. This information is indicated in the resolution itself.

I note that most administrative fines are imposed by traffic police officers. However, in some cases the case is considered by a judge (for example, when a license is revoked for driving while intoxicated).

In general, you need to find out the details of the official. They will be required to complete the application.

2. You need to obtain a document confirming your difficult financial situation . For example, this could be a salary certificate for the last few months issued at work.

After the documents have been received, proceed to filling out the application for installment payment of the fine:

Let's look at filling out an application for an installment plan step by step:

1. The application can be filled out on a computer or by hand. It does not matter. If the document is filled out by hand, write legibly.

2. In the header of the document (upper right part) it is necessary to enter the name of the official who issued the decision to impose an administrative fine (a judge or a traffic police officer).

3. In the main part of the document you must indicate the details of the document in accordance with which an administrative fine was imposed on you. In addition, it is necessary to indicate the installment period. I remind you once again that the maximum period is 3 months .

4. At the bottom of the document you should write the current date and sign.

After the application for installment payment of the fine has been prepared, it must be submitted to the official (indicated in the header). It is also necessary to submit documents confirming your financial situation.

Your application will be reviewed and will either be approved or not. If the installment plan is granted, you will receive a plan to pay the administrative fine.

Example. The driver was imposed an administrative fine in the amount of 50,000 rubles. Installments can be provided as follows:

pay 20,000 rubles by August 15, 2014
pay 15,000 rubles by September 15, 2014
pay 15,000 rubles by October 15, 2014

I would like to note that paying an administrative fine in installments may be a good way out of this situation. After all, if the driver neglects the installment plan and simply does not pay the fine on time, he will additionally be subject to an administrative fine of double size. And this is much more unpleasant.

Well, in conclusion, I want to say that you should not allow violations of the rules, fines for which can put you in a difficult financial situation.

Installment payment of a fine for an administrative offense

A fine is a punishment imposed on an individual for his unlawful actions. The violator is given a certain period of time to repay it, after which other measures will be taken. Initially, the amount of collection will double, and the case will be transferred to the bailiffs. If the debtor ignores the law, then the judicial authorities have the right to confiscate his property and also prohibit him from traveling abroad. To prevent things from coming to this, you need to pay your debts on time, especially since it is possible to get a discount in the first 20 days. If for financial reasons this cannot be done, then under certain circumstances it is possible to pay the fine in installments.

Types of administrative offenses

As of 2018, there are about 7,000 of them, 20 percent of which are contained in the Administrative Code. Administrative offenses are divided into several types:

Possible penalties for administrative offenses

On the infringement of the rights and freedoms of residents, as well as illegal actions related to labor and its protection. That is, these are acts that suppress the freedom of the population.
About an attempt on health.
Infringement of the rights of citizens in their property.
About the environment - pollution of land, air or water, hunting during the closed period.
Concerning construction and production - damage to industrial facilities or equipment, violation of enterprise safety rules.
Affecting rural industry - failure to comply with pest or weed control regulations.
Transport-related - traffic violations, ticketless travel, etc.
Related to road traffic - operating a vehicle when it is broken, ignoring road signs or markings.
Crimes in the field of communications and information - disclosure of classified information, etc.
Affecting entrepreneurship - selling goods without a license, deceiving consumers, etc.
The area of finance and money circulation - gross errors in accounting, tax evasion in a major transaction.
Violating customs control.
Concerning government bodies - illegal use of clothing of a government official, false testimony.
Violating the rules of stay of foreign citizens on the territory of the Russian Federation is the use of foreigners as workers.
Reflecting arbitrariness - staying on the territory of the Russian Federation without registration, falsely calling government services.
Threats to the social order - hooliganism, drinking alcoholic beverages.
Concerning military obligations - evading conscription or undergoing a medical examination.

Each violation has its own article and corresponding punishment. As a rule, this is a fine, but in case of non-payment, arrest for a maximum period of 15 days is possible. In practice, correctional labor is also often used. They can last up to a month, depending on the severity of the offense.

Installment payment of fine

According to statistics, any violations of the law are most often committed by citizens of the lower classes - low-income people with a low social assessment. Sometimes the fine is so large that even a person with an average or high income is unable to pay it immediately, not to mention unemployed citizens. In this case, an installment plan for paying a fine for an administrative offense is provided: the debtor is now given not the usual 60 days, but 6 months.

In practice, six months is quite enough to repay even a large amount. If the violator fails to cope, everything happens according to a well-known scheme - the fine is doubled, and the case is transferred to the bailiffs.

Important! Not everyone will receive a deferment, and this happens only at the discretion of the judge. The offender must convince the judge that he will not be able to pay the fine immediately. Accordingly, it is necessary to indicate the reasons on the basis of which the decision will be made.

To take advantage of the installment payment plan, you need to contact the government authorities that issued the resolution. You will have to write a statement where the violator needs to indicate the reasons why he cannot repay the payment, as well as some other data (amount of the fine, the subject of the claim, etc.). This opportunity is provided as long as the decision is subject to appeal. The period is 10 days from the date of sending the letter to the offender. If a complaint was not filed during this period, then filling out the application later is pointless and you can forget about the installment plan.

Application for installment payment of a fine of 30,000 - sample to a magistrate

If there is time and compelling reasons, the offender’s application will definitely be considered. The form must indicate in order:

the government body that examined the case of the culprit;
structure name;
last name, first name and patronymic;
administrative case number;
date and month of signing the resolution;
reasons for installment fine;
request for such an opportunity;
approximate numbers according to which parts of the split amount will be paid.

Important! The reasons for the need for installment plans must be indicated as true, since all of them will be checked, and documents confirming these circumstances will also be needed. This could be lack of work, a large family, a difficult financial situation, etc.

If approved, the repayment period is extended to 6 months. As practice shows, the entire amount is most often divided into six parts so that the offender does not get confused - once every 30 days. But the amount is also taken into account - a decision to defer the payment of a small fine will be rejected.

Additional Information! When a penalty is imposed on a violator who is under 18 years of age, his parents can take full responsibility.

Documents confirming the difficult situation must be obtained from special institutions (for example, the city administration). They must be presented along with the application. When all the papers are collected, you can go to the place where the decree was issued and ask for an installment plan. After 3 days, the relevant authority will make a decision by sending the offender a ruling by email, which will contain the answer. If the letter is a refusal, then the debtor will have to pay the entire amount as a regular fine. Otherwise, the bailiffs will come to your home.

Sent response regarding installment plan

What are the risks of repeating the same violation?

If a citizen violates the same article, then the degree of punishment increases, since in the law such an action is called an aggravating circumstance.

Important! According to Art. 4.6 of the Administrative Code, a repeated violation is a violation related to the same article that was committed within 12 months from the date of application of the previous administrative liability. If a person has violated an administrative law under some article, then violating it again in the same year is considered an aggravating circumstance and the violator faces more severe penalties.

For clarity, you can take a violation of the same traffic rule, for example, exceeding the speed limit by 50 km/h. For the first time, the inspector fines the person in the amount of 500 rubles. However, if the driver is again caught under the same article during the same year, the fine will be from 2,000 to 3,000 rubles. best case scenario. If you are in a bad mood, the traffic police officer may even take away your ID. Then you will definitely need a sample application for deferment of the fine for deprivation of a driver’s license.

Possible punishment for repeat offense

If you do not take into account offenses related to traffic rules, then for their repeated commission they can be arrested for 15 days or sent to correctional labor. In some cases, criminal liability may occur. For example, for another entry into a protected area or selling alcohol to children, a sentence cannot be avoided.

Everyone has the right to receive a fine in installments in an administrative case, however, this will require some documents. If the offender provides them in full, then the law enforcement agency will most likely approve the claim.