Does the fine for deprivation of rights expire?

Do traffic police fines expire if 2 years have passed and they have not been paid?

The issue with traffic police fines is quite twofold: on the one hand, if you pay it quickly, you can save 50%, on the other hand, it can burn out after a certain time. But can it?! Does the fine expire under the statute of limitations if more than 2 years have passed? From what law is the period of exactly 2 years taken and on what basis is it cancelled? We will answer all these questions in this article.

What are the deadlines for a traffic police fine?

In order to understand how to correctly count 2 years in our article, you need to find out what the general terms of administrative punishment are. And in total, according to the Code of Administrative Offenses in force for 2019, there are 5 of them:

10 days is the period for the administrative fine of the traffic police to come into force in cases where it is not appealed,
10 days + consideration period – this is how much longer the entry into force of the punishment is extended if you appealed the decision for violating traffic rules,
60 days is the period for execution of the punishment; in simple terms, this is the period for paying the fine, and it begins after it enters into legal force,
3 months (not to be confused with 90 days) – the term for prosecution under Article 20.25 of the Code of Administrative Offenses for failure to pay a fine with a new penalty in the form of a double fine from the previous one or arrest for up to 15 days; This period begins from the date of formation of the composition for late payment - after the deadline of 10+60 days given for entry into force and payment.

Where is the fifth?! It is precisely this that is 2 years - and this is the period for the execution of the punishment, that is, the collection of a fine, including by force.

What happens to fines after 2 years?

So, as we already understood, if the traffic police fine is overdue, then it can be forcibly collected. It can be sent to the bailiffs from the date when 70 days have passed and the fine begins to be considered overdue. You can check the fact that the order has been transferred for compulsory collection on the official website of the bailiffs.

And this is how the enforcement procedure for penalties for traffic violations works!

The traffic police in Russia are authorized to draw up decisions and punish in other ways, but they are not authorized to enforce the fines they impose - the police are not responsible in any way for paying fines. This is handled by another department - the Federal Bailiff Service. And they have their own law.

Because, as for the 2-year-old financial sanctions, in 2019 they are regulated by 2 legislative acts:

if the traffic police did not transfer the fine to the bailiffs for execution within 2 years, then later there is no right to transfer it - part 7 of article 21 of Federal Law-229 On enforcement proceedings,
even if the traffic police handed over the penalty to the FSSP for forced execution, then if the fine is 2 years old, you are overdue, you did not pay it yourself, and it was not forcibly collected by the bailiffs, then it “burns out” - part 1 of article 31.9 of the Code of Administrative Offenses.

The start of the 2-year period of an overdue fine begins on the day the decision on traffic violations comes into force.

7. Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within 2 years from the date of their entry into legal force.

1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within 2 years from the date of its entry into legal force.

Thus, the statute of limitations for the fine is 2 years - if during this time they could not collect it from you, and, at the same time, you did not evade payment, then in the future the collection will be canceled, the fine “burns out”, and you have no obligation to pay it . But there are exceptions!

In what cases does the punishment not expire after 2 years?

This will happen in the following cases:

if you evaded payment and did not pay the fine during the initiated enforcement proceedings (Part 2 of Article 31.9 of the Code of Administrative Offenses),
if there was an installment plan or deferment of payment of the sanction (appointed by the judges) - Parts 2 and 3 of Art. 31.9 Code of Administrative Offences.

What is payment evasion? This is, first of all, intent in non-payment actions. If the bailiffs initiated proceedings against you, and you hid your property, money, or hid yourself, then this is considered evasion.

But the main subtlety here is that evasion must be proven - that is, intent in hiding certain data must be proven.

If you simply do not have bank cards from which funds can be written off, and the door of the house is closed during working hours, then this cannot be evasion in principle, and then the period of 2 years of overdue fine is not interrupted by law.

Important note!

This article provides basic information, but each case is different.
In 92% of all situations there are important nuances that can affect the outcome of the entire case.
An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

or consult toll-free: 8 (499) 938-43-58 (Moscow), 8 (812) 425-13-31 (St. Petersburg), 8 (800) 350-14-83 (all of Russia).

Does 30,000 rubles for deprivation expire?

Yes. It is also canceled, and for it the law in the form of the Administrative Code and the Federal Law are no exception. It is just a mistake to consider the fine of 30,000 imposed for deprivation of rights. According to certain articles of the Code of Administrative Offenses, he is appointed for intoxication or refusal of examination along with deprivation, and not for it. Therefore, when returning your rights, you may be disappointed, which we describe below.

But there is a problem with the deprivation of rights being 2 years old!

The point here is that one of the conditions for returning the right to drive after deprivation is payment of all existing traffic police fines (Article 32.6 of the Administrative Code). Including those appointed along with deprivation of 30,000 rubles.

And, if 2 years have passed since the sanction was overdue, then here lies a conflict of law:

on the one hand, the period of compulsory execution has expired - the fine must be canceled after 2 years, and there is no obligation to pay it,
on the other hand, traffic police officers will not give you the right, since the condition for paying fines in Article 32.6 does not overlap with the specified 2 years.

But there is one big “but”! Both provisions of the law do not actually contradict each other, but complement each other. The condition of paying the fine does not go away to return the driver's license. But the existing fine is essentially not payable after 2 years, so there is no obligation to pay it.

What to do?

If the traffic police insist on paying a fine that was canceled due to the statute of limitations, then you should go to the bailiff who is handling your case with this sanction and take a confirming document (certificate) stating that the enforcement proceedings were terminated on the basis of Article 31.9 of the Code of Administrative Offenses upon expiration limitation period for execution.

Next, with this document, you should submit a petition to the traffic police officer who issued the fine, or to his boss, if he has already been dismissed, for a ruling to terminate the penalty on the basis of limitation under Article 31.9 of the Code. But such definitions may not be given, and they will be sent to the bailiffs, and they will be sent back to the traffic police. If you submit a petition on video recording, then in the future in court you will have evidence of this.

That is why in the subtitle we identified this as a problem, since in this case the refusal will have to be appealed in court. To do this, you need to submit a written application to the traffic police for the return of rights after deprivation with this certificate from the bailiffs, to which the inspector who accepted it is obliged to give a written refusal (you cannot appeal a verbal one). And with a written response, a statement of claim is filed at the location of the department to which you applied.

If registration actions are prohibited due to a fine

Here the situation is absolutely similar to the above with deprivation of rights.

One of the ways to enforce the collection of an overdue fine is to impose a restriction on registry activities with the car. And in this case, the ban should be lifted, since this is an interim measure for a certain proceeding, and the proceeding is subject to termination due to the statute of limitations, if the fine is 2 years from the date the decision on its imposition comes into force.

The fine burned, but did not disappear from the database

At a certain time, for fines canceled after 2 years, you may find that it is still displayed in the traffic police database when checking through websites and services.

And here everything is correct, and there are no mistakes. The fine has not disappeared anywhere - it is still registered on you and issued against you, only there is no longer an obligation to pay it after 2 years. That is, in fact, after 2 years the obligation to pay it expires according to the statute of limitations, but formally there is a fine.

Is it possible not to pay a fine for deprivation of rights due to the statute of limitations?

The content of the article

Statute of limitations for traffic police fines

I was deprived of my license for drunk driving, I didn’t pay the fine deliberately, I was in the dark with the courts. After two years, they told me that they no longer had the fine. Can I go and take the traffic violation test without paying it and learn my license?

If you violate any traffic rules, if the inspector on the spot does not immediately issue you a decree, then after two months he has no right to involve you in this case. And if the case is considered by a judge, then within three months, the validity period of this issue expires. This point is regulated by part 1 of article 4.5 of the Code of Administrative Offenses of the Russian Federation.

How long will it take for traffic police fines to be canceled in 2018? Perhaps each of you has heard at least once about certain two years, but no one knows whether it’s true or not. Yes, this is true and it is all regulated by part 1 of article 31.9 of the Code of Administrative Offenses of the Russian Federation.

Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation:
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. (as amended by Federal Law dated April 21, 2011 N 71-FZ)

It turns out that if no one has looked for you for two years, then after this period no one has the right to collect a fine from you. However, if you were hiding and the bailiffs were looking for you, then the term is increased by the period during which you were hiding. In other words, you decided not to pay the fine and began to sit out until the noise died down. While the bailiffs were searching, a year and a half passed. And if they find you, then another year and a half will be added to these two years, after which you could not be brought to justice.

Part 2 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation:
The limitation period provided for in Part 1 of this article is interrupted if a person held administratively liable evades execution of the decision to impose an administrative penalty. The calculation of the statute of limitations in this case is resumed from the day of discovery of the specified person or his things, income, on which, in accordance with the resolution on the imposition of an administrative penalty, an administrative penalty may be applied.

But most of you most likely did not know about this.

You can also contact me via chat for a more detailed consultation (including studying the materials you have) and (or) drawing up the necessary legal documents (statements, complaints, petitions, etc.) for a fee.

In addition, it is possible to provide services for representation in courts, other government bodies and non-governmental organizations, defense at the stage of preliminary investigation and in criminal court, defense in cases of administrative offenses.

When does the statute of limitations expire for a fine after revocation of a license for drunk driving?

In 2014, I was deprived of my right to drive by 1.6 and a fine of 30,000 rubles for 4 years, no one notified me even once that I had such a fine, there were no arrests of accounts or calls to the bailiffs. Now I went to pick up my driver’s license They give it away until I pay 30,000 rubles. Is there any statute of limitations for these fines?

Good afternoon, Maxim.
Payment of a fine is the responsibility of the person held administratively liable. According to Art.
31.9 of the Code of Administrative Offenses of the Russian Federation, 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. However, the running of the specified limitation period is interrupted if the person brought to administrative responsibility evades execution of the decision to impose an administrative penalty.

According to Part 1 of Art.
32.2 of the Code of Administrative Offenses of the Russian Federation, an administrative fine must be paid in full by a person brought to administrative responsibility no later than sixty days from the date the resolution imposing an administrative fine comes into force. Thus, a fine must be paid.
Otherwise, your driver's license will not be returned to you. You can also contact me via chat for a more detailed consultation (including studying the materials you have) and (or) drawing up the necessary legal documents (statements, complaints, petitions, etc.) for a fee.

Hello. 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. 2. The running of the statute of limitations provided for in Part 1 of this article is interrupted if a person held administratively liable evades execution of the decision to impose an administrative penalty. The calculation of the statute of limitations in this case is resumed from the day of discovery of the specified person or his things, income, on which, in accordance with the resolution on the imposition of an administrative penalty, an administrative penalty may be applied. 3. In case of deferment or suspension of execution of a decision to impose an administrative penalty in accordance with Articles 31.5, 31.6, 31.8 of this Code, the limitation period is suspended until the expiration of the deferment or suspension period. 4. In case of installment execution of the decision on imposing an administrative penalty, the limitation period is extended by the installment period. Regarding your question, the statute of limitations has expired. No one will hold you administratively liable or initiate enforcement proceedings. A resolution imposing an administrative penalty is not subject to execution if this resolution was not enforced within two years from the date it entered into legal force . (as amended by Federal Law dated April 21, 2011 N 71-FZ). If no one has looked for you for two years, then after this period no one has the right to collect a fine from you.

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?

The fine does not expire if the decision on it was transferred to the bailiffs.
The fine does not expire if the fined person evaded paying it.
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).

Is it possible not to pay a fine for deprivation of rights due to the statute of limitations?

Penalty periods for deprivation

There are only 4 articles in the Administrative Code that provide for deprivation of rights along with a fine. The remaining articles imply financial sanctions as an alternative to deprivation of a special right - driving. And these first 4 points are for the most serious traffic violations. The question of whether it is possible not to pay a fine for deprivation of rights depends not only on the statute of limitations, but also on a number of other nuances.

Looking ahead, we will immediately make a reservation that it will not be possible to return your rights without paying a fine for deprivation, but there are a small number of subtleties in this matter.

What articles provide for a fine for deprivation of rights?

As we have already mentioned, there are only 4 such articles in the Administrative Code. All of them have a fine of 30 thousand rubles. Here they are!

What is the statute of limitations for fines for deprivation?

The obligation to pay a fine is provided for by the same code. Thus, the deadline for its payment is 60 days from the date the court decision enters into legal force (Article 32.2, Part 1 of the Administrative Code). It enters into legal force on the 11th day after the court hearing and the corresponding decision, if you have not appealed it (in fact, 10 days are given specifically to appeal the decision).

And after these 60 days have expired, the fine will be overdue.

Double fine for late payment

A driver deprived of his license for an overdue fine is punished very harshly. The point here is the amount of such a fine and the article providing for the punishment. In our case, we are talking about Part 1 of Article 20.25 of the Code of Administrative Offenses, which prescribes 2 types of new penalties for failure to pay on time (either/or):

assigning a new fine in double the amount of the unpaid one - that is, it was 30,000, another 60,000 rubles were added, and in the end it became 90 thousand;
arrest up to 15 days.

The driver decides which is easier, but the specific punishment is assigned by the judge, regardless of the driver’s wishes. At the same time, arrest is considered a more severe measure and is imposed only in the presence of aggravating circumstances: the presence of other fines and others.

But this does not mean that if you missed a total of 70 days, you will definitely be charged under this article. Cases based on it are not always initiated, and the most common case of getting caught is if you are stopped by a traffic police inspector and given a fine. Then, most likely, a report will be issued, which will either be submitted to the court, and you will receive a summons (legally), or you will be immediately taken to the department and held there until the court hearing (illegally).

It should also be borne in mind that the term of involvement in cases that are considered by judges (and under Article 20.25 - only by judges) is 3 months (Part 1 of Article 4.5 of the Administrative Code). That is, a double fine or arrest can be imposed on a driver only after 70 days from the date of the decision and before the expiration of 3 months after the 71st day.

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If the case is with the bailiffs

You will also have to pay a fine for deprivation of rights if the case went to the bailiffs. The deadlines here are completely different, but they are also limited. As a general rule, a driver cannot be forced to pay a fine for imprisonment after 2 years from the date the decision came into force. This is dictated by the Federal Law “On Bailiffs”, as well as Part 1 of Article 31.9 of the Code of Administrative Offences.

Thus, it would seem that if the case did not go to the bailiffs and 2 years have passed, then there is no need to pay a fine. But it is not so!

Is it possible to get my license back without paying a fine for deprivation?

And this is the main answer to the question, and we have bad news for you. If 2 years have passed and the fine has not been sent to the bailiffs, you have not been charged under Article 20.25, then formally your obligation to pay the fine has disappeared. But you won’t get your rights back.

And this is the point here! According to Part 4.1 of Article 32.6 of the Administrative Code, payment of the fine is prescribed as a condition for the return of rights. Moreover, not only under the articles listed above, but also in case of any deprivation of the right to drive.

In practice, it works like this: after receiving a new medical certificate and passing the traffic rules exam, you come to the traffic police department to get your license, where they are located, and you are required to show a receipt for paying the fine for this deprivation. This practice is ubiquitous, and there is no escape from it.

Moreover, this article speaks not only about the fine for deprivation of rights, but also all other traffic fines that you could receive before and after deprivation.

But there is one loophole!

And it is quite simple, although also expensive. The fact is that driving without a driver's license and driving without a driver's license are two different things. For driving without a license, being deprived of them, a very severe punishment is provided. But driving a car when the period of deprivation has already ended, but you have not taken the license itself, since there is no way to pay the fine for deprivation of the license, should be qualified under a different article, since the right to drive and a driver’s license are two different things.

Thus, for the latter, a fine of 500 rubles is provided under Part 2 of Article 12.3.

Law-savvy motorists know that, according to the Federal Law “ On Road Safety ”, a driver’s license confirms the right to drive, and they can argue here that supposedly, if the driver has nothing to confirm such a right to drive, then the inspector can quite legally fine him for lack of the right to drive (the fine for this is 5-15 thousand rubles). But the fact is that the right to drive does not disappear from the absence of a license, and the inspector has (should be) the opportunity to check the driver against the database and make sure that he has the right to drive, because the period of deprivation has expired.

But a fine of 500 rubles will be imposed for each stop by a traffic police inspector.

In confirmation, the same opinion is shared by the traffic police (however, this cannot, of course, be evidence in any case):

Does the fine for drunk driving expire?

Hello, I was deprived of my water rights in July 2014. for driving while not sober, the deprivation order was issued in November 2014. about payment of a fine in the amount of 30,000 rubles. More than two years have passed, and I still have not paid the fine, in addition to the decision to pay the fine and deprivation of my rights in November 2014. I didn’t receive any more papers, and the bailiff service didn’t look for me and didn’t notify me about the fine, what should I do? Will the fine go away? Or will I still have to pay it?

In any case, you must pay the fine, otherwise you may be held accountable.

Article 20.25. Code of Administrative Offenses of the Russian Federation Evasion of administrative punishment

1. Failure to pay an administrative fine within the period provided for by this Code shall entail 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.

Since you did not pay the fine, then the court does not have any information about paying the fine. Consequently, after the expiration of the 60-day period for paying the fine, the court sent the order to the bailiffs for enforcement in accordance with administrative legislation.

In accordance with Article 31.9 of the Code of Administrative Offenses of the Russian Federation, the 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 .

2. The running of the statute of limitations provided for in Part 1 of this article is interrupted if a person held administratively liable evades execution of the decision to impose an administrative penalty. The calculation of the statute of limitations in this case is resumed from the day of discovery of the specified person or his things, income, on which, in accordance with the resolution on the imposition of an administrative penalty, an administrative penalty may be applied.

That is, after two years there is no need to pay a fine.
If from that moment you did not hide from the bailiffs and did not evade their calls, then the enforcement proceedings are probably already over. You should contact the district bailiff department at your place of residence and clarify information about what stage your case is at and receive a certificate of completion from them.