Statute of limitations for administrative offenses of the State Traffic Safety Inspectorate
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).
Statute of limitations for administrative offenses
An administrative violation is an action (or inaction) that is contrary to the law, but does not pose a serious danger to society and does not cause fundamental harm to it.
An administrative offense, although not regarded as a crime, is not approved by society, is suppressed by it and presupposes punishment for the crime.
The statute of limitations for administrative offenses applies both at the stage of bringing to justice and at the stage of enforcing the imposed punishment. At the same time, the statute of limitations and the procedure for calculating them may vary somewhat depending on the composition of the offense.
Responsibility and punishment in administrative law
Otherwise, the violator will be held accountable before the court according to the law (legal liability).
Administrative liability is one of the types of legal liability and is regulated by the Code of Administrative Offenses (Federal Law No. 195 2001/30/12, edition 2016/05/12 and 2016/21/12).
Administrative responsibility
Any unlawful intentional or careless act that violates civil rights, morality, established public order, health, ecology, and all types of relations within society is classified as an administrative offense.
Administrative liability arises precisely upon the fact of an offense and leads to restriction of access to certain public goods:
- narrowing the scope of personal and legal freedom of the offender;
- property and material costs;
- belittlement;
- damage to reputation and restriction of activities.
Administrative punishment
Being a reasonable reaction of the state to an offense (violation), punishment serves as a measure of the responsibility of the “troublemaker.”
Punishment, which aims to restore justice and legal balance in society, has not only a punitive function, but also an exemplary and educational one - so that others are discouraged (Administrative Offenses Code Art. 3.1).
When determining the degree of punishment, they rely (CAP Chapter 4) on the nature of the administrative offense and its potential consequences for society, but they must take into account the identity of the offender (the status of the enterprise, if the culprit is a legal entity), his financial situation, mitigating and aggravating circumstances of the case.
Administrative sanctions may be expressed as follows:
- censure (remark, reprimand, warning, etc.);
- imposition of a fine;
- deprivation of a special right (hunting, driving a vehicle, using special equipment) granted earlier, and confiscation of the weapon (object) that resulted in the offense;
- arrest and forced labor (up to 30 days);
- expulsion from the country (non-citizens of the Russian Federation);
- disqualification (removal from position) and freezing of activities.
In case of a combination of violations considered within the framework of one process, the punishment is not summed up, but is assigned under a more stringent article (Administrative Offenses Code, Article 4.4, paragraph 2).
Limitation period for administrative offenses
What is the statute of limitations for administrative offenses established by law?
Administrative liability, unlike criminal liability, is not so severe, and therefore does not entail a criminal record and is characterized by more flexible statutes of limitations.
In general, the limitation period for administrative violations is calculated as follows:
- 2 months – prosecution (3 months during judicial review);
- 2 years – execution of the imposed punishment.
For a number of offenses (Article 4.5, paragraph 1), the statute of limitations for prosecution is 1 year. For violations in the financial sector – 2 years. In corruption cases, the statute of limitations is 6 years.
According to the general rule, after a year, a person guilty of an administrative offense, who accepted and carried out the punishment, is already considered “clean” and has not been brought to justice. In other words, a citizen is classified as “brought to administrative responsibility” (subjected to punishment) from the moment the decision is made plus the time for execution plus one year after the “fact of retribution” has occurred.
The period begins to be calculated from the next day after the violation occurred and, accordingly, it came to the attention of the official.
Attempts to bring to justice after the expiration of the statute of limitations for an administrative offense are illegal (Article 24.5, paragraph 1, paragraph 6). In this case, the proceedings cannot be initiated, and if the procedure has already begun, it is immediately terminated (the case is closed).
The statute of limitations for execution of the punishment begins to be calculated from the moment the decision is made, which loses its legal force after 2 years. If during this time the resolution is not implemented, then it can be considered annulled. There cannot be a repeated prosecution for the same offense (Article 4.1, paragraph 5).
In the event that there is a delay, installment plan or suspension in the execution of the decision (Administrative Code Articles 31.5, 31.6), then the statute of limitations is extended for this period of time, that is, it is interrupted, then the period of installment plan/deferment/suspension is counted, then the statute of limitations continues. .
In case of deliberate evasion of the prescribed punishment, the statute of limitations is restored in its course from the moment of discovery of the culprit or his property.
In other words, an administrative penalty cannot be imposed after 2 years if the decision was made and forgotten about. If measures were taken, if they worked with the “client”, but he stubbornly hid, then the limitation period was interrupted and resumed every time after his discovery - thus, the 2-year limitation period could be noticeably lengthened.
Continuing offense
An offense is considered ongoing if it continues for a long time and does not cease until it is discovered by an authorized person (Resolution of the Plenum of the Supreme Court No. 5 2005/24/03, paragraph 14).
On the other hand, if the deadline for fulfilling a specific obligation is clearly defined by legislative acts, but compliance has not followed, then the statute of limitations for an administrative violation should be counted from the moment the deadline expires (Letter of the State Customs Committee No. 01-06/2058 2002/27/05; Resolution of the Plenum BC No. 5 clause 14 paragraph 2).
In this case, the day of discovery (the starting point) is set as the day the protocol was drawn up and signed by an authorized person (Administrative Code Art. 4.5, p. 2).
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Statute of limitations for administrative offenses of the State Traffic Safety Inspectorate
Traffic police fines, being administrative, must be paid within 2 months.
If payment is made within 20 days, the amount of the fine is halved (Administrative Code Art. 32.2, paragraphs 1, 1.3).
The countdown begins 10 days after the offender receives the order.
If the fine is not paid, the bailiff initiates enforcement proceedings (Administrative Code Article 32.2, paragraph 5). Upon the opening of SSP production, the draft dodger is given 5 days to voluntarily cover the debt (Federal Law No. 229 2007/02/10, edition 2016/01/10, Article 30, Clause 12). After this, all income and property of the debtor come into the view of the bailiff. If the amount of traffic police fines exceeds 10 thousand, the bailiff imposes a temporary ban on the debtor traveling abroad (Federal Law No. 229, Article 67, paragraphs 1, 3).
The statute of limitations for imposing a fine is 2 months (through the court - 3 months), and for collection (a common offense) it is limited to 2 years from the date of the decision to impose an administrative penalty. The following provisions are available for appeal:
- 10 days – with the head of the state traffic inspectorate;
- 60 days – in court.
If the inspector does not issue a fine on the spot, then after 2 months he cannot bring the offender to justice. After 3 months, the statute of limitations for this violation expires completely and irrevocably.
Example. M exceeded the speed limit on January 15, 2014, was stopped by an inspector and fined. The decision to impose a fine became effective on January 25, 2014 (it was not appealed). On January 26, 2014, the statute of limitations began to run, which expired on January 26, 2016. Over the past 2 years, no one bothered him (no measures were taken) or tried to forcefully bring him to justice.
The traffic cop’s demand to pay the “debt” presented to him after the named date is not legal, since M did not hide or evade (they didn’t even try to find him), and the statute of limitations had expired - the resolution lost its force.
The statute of limitations for CCTV fines is no different from traditional fines.
The only difference is the imposition of punishment for malicious non-payment. In this case, arrest for 15 days is not possible (Administrative Code Art. 20.25, paragraph 3).
Any administrative violation implies responsibility for the act and punishment, which is assigned by special authorized persons (bodies).
The limitation period for filing claims and imposing penalties is generally limited to 2 months. The limitation period for executing a foreclosure order expires after 2 years. This does not mean that you can “wait it out” and thus hide from responsibility. If a draft dodger is identified, the measures that will be applied to him are very severe.
Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 .
Statute of limitations for administrative traffic violations in 2018
The statute of limitations for administrative liability is the period of time after which the prosecution of administrative violations ceases. This rule is regulated by Art. 4.5 of the Code of Administrative Offenses of the Russian Federation and is also valid for those who have violated traffic rules. This article will provide information about the terms and circumstances that allow you to avoid prosecution under the Code of Administrative Offenses for traffic violations.
How are the statute of limitations regulated under the Code of Administrative Offenses of the Russian Federation?
Article 4.5 of the Code of Administrative Offenses of the Russian Federation establishes a clear dependence of the statute of limitations on the type of violation. If we are talking about traffic rules, the period for terminating administrative prosecution ranges from 2 to 12 months.
Important! The statute of limitations begins on the date of the fact and official registration of the offense.
Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation regulates the following statutes of limitations for administrative offenses:
- 2 months. Violations that are submitted for consideration by officials (traffic police or traffic police officers). These include fines for exceeding the established speed limit, ignoring traffic signs or having an unreadable vehicle registration number.
- 3 months. Violations that are subject to review through the courts. In most cases, these include offenses that result in a large fine or loss of your driver's license (driving while intoxicated, driving in the opposite direction on a one-way road, or fleeing the scene of an accident).
Under certain clauses of the Code of Administrative Offenses, for several violations, the statute of limitations for bringing to administrative responsibility is 12 months. These include:
- Art. 12.8 – transfer of control of a vehicle to third parties while intoxicated;
- Art. 12.24 – violations of traffic rules that resulted in mild or moderate harm to health;
- Art. 12.26 – refusal to undergo mandatory medical examination;
- Part 3 Art. 12.27 – use of alcohol or drugs after an accident;
- Part 2 Art. 12.30 – violation of traffic rules while intoxicated by a passenger, pedestrian or cyclist.
How is the statute of limitations used under AP?
If any road user violated traffic rules and was not officially held accountable from the moment the violation was committed until the expiration of the statute of limitations, there are no legal grounds for further prosecution.
On September 1, 2017, the driver of the vehicle exceeded the permissible speed limit of 40 km/h on a separate section of the road and was driving at a speed of 70 km/h. Another traffic participant in his car with a video recorder recorded this violation and decided to bring the violator to administrative responsibility. To do this legally, all evidence must be transferred and registered by state inspectors within 2 months before November 1, 2017. If the violation is officially formalized later than this date, the driver is relieved of responsibility and cannot be subject to administrative punishment .
Is there a regulated period for violations that extend over time?
If in Part 1 of Art. 4.5 of the Code of Administrative Offenses talks about violations that are of an established temporary nature (passing a prohibiting signal, overtaking, etc.), then determining the statute of limitations does not pose any special problems.
But what about such offenses that are committed and not stopped within several days? What to do with the driver of a vehicle who parked the car against the rules and left it for two weeks? At what point should the statute of limitations begin? This point is provided for in Part 2 of Art. 4.5 Code of Administrative Offences.
It introduces a special term “continuing offenses”, for which the driver of a vehicle is held accountable not from the beginning of the offense, but from the moment of detection and recording. It is this rule that inspectors are guided by when they issue a fine and evacuate an illegally parked car to a impound lot.
There are not many traffic violations that fall under the term “ongoing.” Most of them usually involve improper parking.
Some drivers mistakenly believe that driving a vehicle with an expired insurance policy or with less than 70% light transmittance on tinted windows is a continuing violation. This is wrong.
The punishment in this case is established not for the lack of a policy itself, but precisely for the fact of management under such circumstances. If the car just stays in the parking lot, there will be no punishment. But as soon as the driver gets behind the wheel and starts driving, he can be fined by any of the traffic police officers.
Rules for determining statutes of limitations
There is a special procedure for determining the statute of limitations for an administrative offense. Thus,
- the course of the established period begins on the next calendar day from the date of the event;
- periods calculated in days end at 24 hours;
- terms that are calculated in months end on the last calendar day of the month;
- if the end of the period falls on a non-working day, then it is postponed to the first nearest working day;
- the deadline is not considered missed if the documents are submitted to the authorities or transferred to authorized persons before 24 hours of the last established day.
Conclusion
The driver may be held accountable for an administrative offense within the first two or three months. In some cases this period may be extended to 12 months. It is possible to charge a driver for a continuing offense from the moment it is recorded and during the specified period of time.
Expiration of statute of limitations for administrative offenses: how to avoid liability
An offense is considered as an unlawful guilty act (inaction), for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation (CAO RF) or the relevant laws of the constituent entities of the Russian Federation.
Responsibility and punishment in administrative law
Administrative responsibility
Administrative punishment
- warning;
- fine;
- confiscation of the instrument or subject of the offense;
- deprivation of a special right granted to an individual;
- arrest;
- expulsion from the Russian Federation of a citizen of another country or a stateless person;
- disqualification;
- suspension of activities;
- compulsory work;
- a ban on visiting the venues of official sports competitions on the days they are held.
When there is no responsibility
If a judge, body, or other official authorized to resolve the case considers the offense to be insignificant, liability will also not occur, and as a result, consideration of the case may be limited to only an oral remark.
Statute of limitations
The statute of limitations for an administrative violation is the period of time during which prosecution under the law is possible.
- driving a vehicle (VV) by a driver who is intoxicated or transferring control to another person who is intoxicated;
- violation of traffic rules (traffic rules) or vehicle operating rules, which resulted in minor or moderate harm to the health of the victim;
- failure by the driver of the vehicle to comply with the requirement to undergo medical examination. examination for intoxication;
- failure to comply with traffic regulations requiring the driver not to consume alcoholic beverages, drugs or psychotropic substances after an accident in which he is involved, or after the vehicle was stopped at the request of a police officer, before an examination by an authorized official to establish the state of intoxication or until acceptance by an authorized official the person of the decision to exempt from such examination;
- violation of traffic rules by a pedestrian, vehicle passenger or other road user (except for the vehicle driver), which negligently resulted in the infliction of slight or moderate harm to the health of the victim.
Determination and calculation of deadlines
Suspension of the statute of limitations
Lapse of time
Any attempts to bring the person who committed the offense to justice after the expiration of the statute of limitations for administrative offenses are illegal.
Continuing offense
The situation is different with a continuing violation (action or inaction). We can talk about it if there is a long-term, continuous failure to fulfill the obligations provided for by law or other regulatory legal act.
An example in the field of road traffic is driving a vehicle in the presence of faults or driving a vehicle on which glass is installed, the light transmission of which does not meet the requirements of technical regulations. Thus, these offenses trace a long-term failure to fulfill certain obligations related to failure to ensure the proper condition of the vehicle before starting to move.
According to Part 2 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, in case of a continuing offense, the period of time required to make a decision begins to be calculated from the moment the violation is discovered by an authorized official. The detection of a violation is confirmed by the fact that a protocol has been drawn up.
Exceptional cases
- gross violations of public order;
- malicious attacks on public safety and governance.
This type of punishment cannot be applied to pregnant women, women with children under the age of 14, persons under 18 years of age, disabled people of groups I and II, military personnel, conscripts with special ranks of employees of the Investigative Committee of the Russian Federation, internal affairs bodies and the penal system, troops of the National Guard of the Russian Federation, fire service and customs authorities.
How to restore the deadline for appealing a decision
If the court has decided to impose a fine, and the 10-day period for appeal has been missed, you can send a petition to restore the period for appealing the court decision.
As a rule, this period is restored if the court considers the reasons for not filing a timely complaint against the decision to be valid.
The complaint itself must be considered within 10 days from the date of its filing (if considered by an official) or within 2 months (if considered by a court).
How is it used?
Let's look at a specific example. The driver drove through a prohibiting traffic light on September 14, 2018, and therefore a report was drawn up against him. The decision in the case was made on September 27, 2018, and a fine was imposed. On 10/08/2018, the resolution entered into legal force (it was not appealed), from this day the period for voluntary payment of the fine began to count (60 days). After this period (11/07/2018), the case is transferred to the bailiffs to ensure execution of the resolution.
If within 2 years the violator is not disturbed or reminded of the need to pay the fine imposed in 2018, the resolution will lose its force on 10/09/2020.
Statute of limitations for traffic police fines
2 years from the date of entry into force of the decision imposing a fine - such a period after which the fine will no longer be collected from the violator.
Payment of the fine
If you pay the traffic police fine no later than 20 days from the date of the decision, you can receive a discount of 50% of the original amount.
Effect of the resolution
The validity period of an administrative offense is 1 year, which means that the removal of the status of a “person subject to administrative punishment” occurs one year after the end of execution of the decision imposing the punishment, provided that this person has not committed a new offense.
Video recording camera as evidence of violation
Responsibility for failure to comply with deadlines for repayment of fines
For failure to pay or untimely payment of traffic fines, the driver may be fined twice the amount that he must pay (but not less than 1000 rubles), or he may face arrest for up to 15 days, or compulsory labor for up to 50 hours.
In the video, watch a detailed analysis of the calculation of deadlines for traffic police fines, as well as the features of their payment.
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Time limit for bringing the violator to administrative responsibility
The Code of Administrative Offenses provides for a certain time interval, after which it will become impossible to bring the offender to justice. This is the so-called statute of limitations for administrative liability.
What is a statute of limitations
Article 195 of the Civil Code provides a definition for this concept. This is the time when there is every right to protect violated rights. In the context of this article, this is the period when the court can charge a citizen with an administrative violation.
In each branch of law, the terms of action are regulated by their own articles. For example, in the Civil Code this is Article 195-208 of the Civil Code, and in the Administrative Code this is Art. 4.5 and 4.6 of the Administrative Code.
Limitation period for prosecution
The Code of Administrative Offenses uses a different term - statute of limitations or period of attraction. It means the time period from the date of the legal violation until the moment when it becomes impossible to issue an indictment.
The statute of limitations for administrative offenses depends on two factors:
- the authority hearing the case;
- type of violation.
As a result, there are the following limitation periods:
- 2 months - if the office work is carried out by an official;
- 3 months - during court proceedings;
- from 1 year - special terms for certain articles of the Code of Administrative Offences.
Moreover, the timing of the limitation period suggests two options - from the day when the act was committed or when it was detected by law enforcement agencies.
Norms of the Code of Administrative Offenses
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the terms for bringing to administrative responsibility can be variable:
- two months is the default;
- three months - by court;
- 1 year - for violation of patent law, legislation on advertising, export control, copyright, natural monopolies, protecting children from harmful information, environmental protection;
- 2 years - for non-compliance with the legislation of the EurAsEC or the customs law of the Russian Federation, currency legislation;
- 3 years - violation of regulations on political parties (provided for in Articles 5.64-5.68 of the Administrative Code) and bankruptcy (financial insolvency);
- 6 years - obstruction of anti-corruption measures (if this is not a criminal offense).
Not all offenses and misdemeanors are listed. Their full list can be found on any specialized website.
Is suspension possible?
This is permissible only in one case - to send a petition to the legal address of residence of the offender (registration) in order to consider the case. This is directly indicated by the Administrative Code (Article 4.5 in Part 5).
For example, if a Russian citizen was fined in one region of the Russian Federation, but registered in another. He can request the court to consider his violation at his place of residence. And while the documents are redirected to another area, the statute of limitations will be suspended for that moment. The countdown will begin from the day the papers arrive in your hometown.
Video: Experienced lawyers - Code of Administrative Offenses
What to do after the deadline
It often happens that the period when sanctions can be imposed on the violator (fined, required to perform community service, etc.) ends. The expiration of the statute of limitations for bringing to administrative responsibility entails filing a petition for the complete termination of office work. The petition is drawn up in writing in any form. You just need to point out the following points:
- information about who the petition is addressed to (full name, details of the judge or official);
- information about the violator (full name, registration);
- detailed description of the event (date, essence, features);
- reference to articles of the Administrative Code - 24.5 (clause 6) and 4.5, indicating the impossibility of starting or continuing office work due to the expiration of the statute of limitations;
- date of writing the petition;
- signature of the citizen submitting the petition.
Continuing prosecution after petition is illegal.
Nuances regarding fines from the traffic police
The most common violation of the Code of Administrative Offenses is failure to comply with traffic rules. The standard limitation period for administrative liability is applied to violators: through government agencies - 2 months, judicial proceedings - 3 months. You have 60 days to pay the fine.
But there are subtleties:
- if the debt is repaid in the first 20 days through the State Services service, then a 50% discount is provided;
- The grace period begins to count from the date of adoption of the resolution;
- if the violator evades paying the fine, then the bailiffs deal with the case (from this moment the debtor has 5 days to pay the fine).
If the traffic inspector did not issue a fine to the car owner at the scene of the offense, then after 2 months he will no longer be able to bring the citizen to administrative responsibility - he will not have a legal basis for this.
Deadline for presenting a writ of execution for execution
This refers to the period when a decision made by a judge after a trial or an official is transferred to the debtor for execution. According to Article 21 of Federal Law No. 229, this period is 3 years. The payment or collection of a debt obligation from a citizen itself is not included here.
The time allotted for serving a court order may be interrupted and counted again in two cases.
- The writ of execution was accepted by the violator and partially satisfied (clause 1 of Article 22). The countdown of the period begins again, the elapsed period is not subtracted from it (clause 2 of Article 22);
- The document is returned to the applicant on the basis that it is impossible to fulfill his requirements. When receiving again, the time is added up.
Deadline for execution (payment) of the decision to impose an administrative fine
The period of compensation for the sanction is not included in the statute of limitations for bringing to administrative liability. Article 32.2 of the Code of Administrative Offenses clearly states that the monetary penalty must be paid within two months from the moment the citizen received a court ruling that has entered into force.
At the same time, Articles 30.3 and 31.1 of the same code indicate that a citizen has the right to appeal the decision. He has 10 days to do this.
Therefore, if a person plans to appeal to higher courts, then he has 70 days left. Otherwise - 60.
Validity period of an administrative fine for violating traffic rules
There is also time for prosecution in the event of penalties from the traffic police - two years. This procedure is regulated by Article 31.9 of the Code of Administrative Offences.
In fact, it is impossible to wait for the court decision to be annulled and for the debtor to receive penalties in large cities. Because the:
- the traffic police have an electronic database of all outstanding violations;
- bailiffs work properly, it is possible to avoid meeting with them only by hiding;
- It is difficult to register a car or perform another action with existing fines.
But during the first 70 days from the moment of the offense, the driver can safely drive without fear of traffic police officers.
Validity period for traffic police fines from video recording cameras
The procedure for paying off monetary sanctions imposed on the basis of registration of a video device is similar to a regular violation. But there are some nuances.
- The document is sent to the place of registration of the owner of the car. If he does not live at the specified address, he may not know about the fine.
- If the deadlines for payment of fines are not met, detention will not be applied (Article 20.25 of the Administrative Code).
What is the liability for failure to meet deadlines?
For evading the penalties provided for by the Code of Administrative Offences, the following sanctions are imposed:
- a fine of double the amount, but not less than 1 thousand rubles;
- imprisonment up to 15 days;
- compulsory community service up to 50 hours.
The court decides what kind of punishment the citizen will suffer.
However, according to Art. 20.25 (note part 3), it is impossible to arrest a violator if his offense was recorded not by the inspector personally, but by special equipment (photography or video recorder). Your browser does not support frames
4.5 Code of Administrative Offenses of the Russian Federation
Since 2018, bailiffs have the legal right to temporarily suspend a driver’s license (Federal Law No. 340) or prevent travel outside Russia (Federal Law No. 206) in case of a debt of 10 thousand rubles.
Statute of limitations for bringing officials to administrative liability
According to Art. 2.4 of the Administrative Code, sanctions can also be imposed on officials for administrative violations provided for by the legislation of the Russian Federation. And also for the fact that these citizens perform their duties poorly. All existing rules of the Code of Administrative Offenses apply to the official:
- what is considered an administrative violation (Article 2.1);
- form of guilt (Article 2.2);
- statute of limitations for administrative offenses.
There is no separate article on punishments specifically for officials or a clause that certain types of sanctions are not applicable to this category of citizens. In other words, the penalties are the same as for other Russians: suspension of activities, arrest, community service, deprivation of rights.
Video: Statute of limitations for administrative offenses of the Code of Administrative Offenses of the Russian Federation
Summing up
Important points of the Administrative Code regarding the statute of limitations can be considered:
- minimum period - 2 months, maximum - 6 years;
- if the judicial system is involved, the period increases from 30 days to 3 months;
- The starting point is the moment of commission or discovery of an offense.
Both suspension and a motion to terminate the proceedings are possible.