Deadline for voluntary payment of an administrative fine

The procedure for forced collection of administrative fines

One of the possible sanctions in an administrative case may be a monetary fine. The amount of the fine is determined by a court, other authorized body or official in a resolution, based on the terms of the article of the Code of Administrative Offenses of the Russian Federation, the nature of the offense, mitigating and aggravating factors. In this article we will analyze all the nuances of paying administrative fines, including voluntary and compulsory execution.

General conditions for imposing a fine

The Code of Administrative Offenses of the Russian Federation contains almost 100 articles providing for punishment for committing illegal actions and violating the law. For almost every type of administrative offense, a sanction in the form of a fine can be imposed. The application of this type of punishment occurs according to the following rules:

depending on the type of offense and the conditions of the article of the Code of Administrative Offenses of the Russian Federation, the case will be considered by the court, or another department or official;
if the guilt of the offender is confirmed, the authorized body imposes a punishment;
a fine may be imposed if it is indicated in the list of sanctions in an article of the Code of Administrative Offenses of the Russian Federation;
for certain types of offenses related to the conduct of private business, a fine may be replaced by a warning (for the first violation);
it is possible that a fine will be imposed on a person to whom other administrative sanctions cannot be applied (for example, if the violator is a minor or a pregnant woman, they cannot be arrested).

The decision to impose a fine can be appealed by the offender. You are given 10 days for this, and you need to file a complaint with a higher court or another department (depending on who imposed the punishment). The obligation to pay a fine arises after 10 days from the date of delivery of a copy of the decision to the violator or receipt of the document by mail. If the violator filed a complaint, the resolution will come into force immediately after the case is considered by a higher authority.

Postponement and installments

If the violator understands that paying the fine will be difficult for him, he can immediately submit a request for an installment plan or deferment. If there is a delay, the violator will be given additional time to voluntarily pay the fine. Accordingly, until the deferment period expires, compulsory collection measures will not be applied.

Installment payment consists of distributing the total amount of the fine into equal periodic payments. For example, when imposing a fine of 30 thousand rubles, a court or other body may grant an installment plan for 6 months. In this case, the violator is obliged to pay 5 thousand rubles monthly. As long as such a schedule is observed, enforcement will not be carried out.

To grant a deferment or installment plan, you must prove the presence of extenuating circumstances, a difficult financial condition, the fact of a long-term illness or disability, and other factors. The court will independently evaluate the evidence presented, so it is impossible to guarantee the provision of an installment plan or deferment of the fine.

Rules for voluntary payment of fines

The provisions on the procedure for paying administrative fines are regulated in Art. 32.2 Code of Administrative Offenses of the Russian Federation. Depending on the category of the case, the guilty person must pay the collected amount within the following terms:

within 60 days after the resolution comes into force;
if the violator is a foreigner or a stateless person, and in addition to a fine, forced deportation from the Russian Federation was applied, the sanction must be paid no later than 1 day after the resolution comes into force;
a special payment deadline is established for Article 19.28 of the Code of Administrative Offenses of the Russian Federation (illegal remuneration on behalf of a legal entity) - no later than 7 days after the resolution comes into force.

Thus, for most violations, 60 days are given to pay the fine. During this period, no coercive measures or any restrictions will be applied to the violator. The body that issued the resolution will monitor the fulfillment of payment deadlines. If, after 60 days or another regulated period, the money is not transferred, the resolution is sent to the bailiffs for forced retention.

The law provides a benefit for bona fide violators who pay the fine within the first 20 days. In this case, the size of the sanction is reduced by 2 times, i.e. the debtor will save half of the amount collected. The benefit does not apply to certain types of violations listed in Part 1.3 of Art. 32.2 of the Code of Administrative Offenses of the Russian Federation (as a rule, this is due to the repetition of the offense or the increased danger of the act). You also cannot count on a discount on the fine if the culprit took advantage of a deferment or installment plan for execution. If the violator did not take part in the consideration of the case and received a decision after 20 days, this period can be restored upon his application.

To voluntarily pay a fine, you can use the methods listed in Art. 32.2 Code of Administrative Offenses of the Russian Federation:

through banking and credit organizations;
through post offices;
through other payment agents who have the appropriate license or other permit.

The law prohibits paying a fine in cash, even if the decision on punishment can be made by an official or authorized body at the site of the violation. For example, an attempt to hand over money to a traffic police officer when imposing a fine for speeding can be considered a bribe with all the ensuing consequences.

When paying, you must carefully check the details to which the fine amount will be transferred. As a rule, the details for transferring funds to the budget are indicated directly in the decision of the court or other department. Please note that the obligation is considered fulfilled only after the funds are actually credited to the budget. Therefore, if the details are incorrect or the transfer deadlines are violated, you may face forced withholding or loss of the right to the 50% benefit.

Depending on the chosen payment method, supporting documents may include:

a receipt for a postal order with the postmark of the department and the date of deposit;
payment order, receipt, check or other document issued by a bank or credit institution;
an electronic copy of the payment document, if the fine was repaid through online services, wallets and other systems.

The receipt or other payment document must be kept. The fact is that in the absence of proof of payment, you may face claims and the imposition of additional sanctions. When such problems arise, the debtor has to prove his case. In the absence of a supporting document, you can become involved in a new administrative case and receive additional punishment (we will discuss this below).

The fine can be transferred by the violator himself, or by any other person on his behalf. If a fine is collected from a minor child who does not have a job or source of income, the entire amount will be collected from his parents or other legal representatives (guardians, trustees, etc.). When filling out and checking the details, you need to make sure that the number of the resolution, the recipient's BCC, and information about the payer are correctly indicated.

Forced collection

To confirm payment of the fine, the violator must submit the appropriate payment document to the court or other agency that issued the decision. Also, information about received payments will be checked through the unified federal information system. If payment information is missing and the payment document is not submitted, the following consequences occur:

upon expiration of the period for voluntary payment, a second copy of the resolution is made;
within 10 days the document is sent to the FSSP service at the debtor’s address;
bailiffs initiate enforcement proceedings, send a copy of the resolution to the debtor, and give up to 5 days to pay off the fine;
after 5 days, the FSSP employee has the right to use forced collection measures, and is also obliged to withhold an enforcement fee from the debtor.

Naturally, if the violator was granted a deferment or installment plan, the decision will not be sent to the bailiffs.

The procedure for conducting proceedings in the FSSP will depend on the amount of the fine. If it does not exceed 10 thousand rubles, the bailiff cannot impose a restriction on travel outside the Russian Federation, or temporarily deprive the debtor of the right to drive transport. If the debt amount is less than 10 thousand rubles, the documents will be sent for retention at work, at the place of study or to another institution where the debtor receives a permanent income. It is allowed to withhold fines from scholarships, pensions and other payments, except for cases expressly specified in the law.

If the debtor is an enterprise, documents will be sent to seize bank accounts to collect the fine. In the absence of funds in accounts and transactions, property may be seized for subsequent sale. Collection of fines collected from the manager or other officials of the enterprise occurs in the general manner, i.e. at the expense of their salaries or property, by writing off accounts.

If the amount of the fine exceeds 10 thousand rubles, the bailiff will be able to use all measures of forced retention and restrictions provided for by Law No. 229-FZ:

identification, search, seizure and sale of property assets;
arrest and write-off from accounts in banking and credit institutions;
restrictive measures to ban travel abroad and temporary deprivation of the right to drive transport;
sending documents for deduction from wages if the debtor does not have property and money in his accounts.

If the debtor hides his place of residence or evades receiving documents from the FSSP, an executive search may be declared.

Enforcement proceedings will be terminated only after full payment of the fine. If the violator does not repay the debt within 5 days provided by the bailiff, he will have to pay an enforcement fee. The amount of such a fee for individuals or individual entrepreneurs will be 7% of the fine amount, but not less than 1 thousand rubles. For enterprises, the fee is 10 thousand rubles.

What is the penalty for failure to pay an administrative fine?

In addition to enforcement measures and withholding of the enforcement fee, failure to pay a fine may result in additional administrative sanctions. For this purpose Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, which provides the following rules:

If the deadline for voluntary payment is violated without good reason, a protocol will be drawn up under Art. 20.25 Code of Administrative Offenses of the Russian Federation;
the punishment for this offense may be a fine in double the amount of the original sanction (but not less than 1 thousand rubles), administrative arrest or compulsory work;
the newly imposed fine will be collected according to the general rules, and regardless of the first punishment;
the new penalty does not relieve the obligation to pay the first fine.

For example, if a citizen received a fine for violating traffic rules in the amount of 30 thousand rubles, for the fact of delay in payment of more than 60 days, he will be punished in the amount of 60 thousand rubles. If the fine for a minor offense was only 500 rubles, the new punishment cannot be less than 1 thousand rubles.

You can avoid imposing a new fine if you prove that the reasons for late payment are valid. For example, you can point out the failure to receive a copy of the decision, a long departure outside the country, a long stay in the hospital, or loss of a job. The court will evaluate these factors and make the final decision.

This additional sanction is not the only measure of liability for the debtor. If you try to prevent the work of bailiffs, during the sale or transfer of seized property, or when other violations are detected on the part of the debtor, administrative and criminal cases may be initiated under other articles of the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.

Practicing lawyer:
Dmitry Vasilievich Sharapov

Deadline for voluntary payment of an administrative fine

Home » Economic Issues » Payment of administrative fines in 2019

Payment of administrative fines in 2019

The amount of fines payable in Russia today is approximately one and a half billion rubles. A huge number of offenses committed and the damage caused by them remain unreimbursed by the state. But compensation for harm is one of the main functions of administrative punishment.

Administrative fine in 2019: execution and statute of limitations

Content

What is an administrative fine
Who doesn't have to pay
Fine amounts
What to do if you are issued a fine
Discounts and installments
Fines not regulated by the administrative code

What is an administrative fine?

The Code of Administrative Offenses in Article 3.5 defines a fine as a monetary penalty expressed in rubles. The amount of an administrative fine can reach sixty million rubles, and can also be a multiple of certain amounts.

These amounts include:

The amount of unpaid or payable fees. This includes taxes, pension fees, illegal securities transactions, costs of services or banking transactions.

The amount of revenue from the sale of goods, works or services, as well as fuel. Also the amount of costs for the cost price of a defense order.

An amount equal to the maximum or initial cost of the contract for the supply or provision of services and works.

The amount of excess income or loss.

Otherwise not for the declared amounts.

Who won't have to pay the fine?

This penalty does not apply to all citizens.
It is impossible to impose a fine on officers and soldiers on compulsory military service, as well as students and cadets of specialized military educational institutions. For children who have committed an administrative offense under 14 years of age, parents will bear responsibility in the form of an administrative fine. About the amount of the fine:
In paragraph 1 of Art. 3.5 of the Code of Administrative Offenses the amount of the fine is discussed in sufficient detail, but it will be quite difficult for a person who does not have a legal education to understand such a definition. So let's generalize. Three categories of violators may be fined. Individuals, officials and legal entities.

Individuals may be held accountable for an amount not exceeding 5,000 rubles. But if the offense concerns a violation of the right to freedom of conscience, a fine can be imposed up to 30,000 rubles.

Legal entities may be fined up to 60 million rubles.
But officials are given fines of up to 50 thousand rubles. The Code of Administrative Offenses provides for fines of up to 800 thousand rubles for officials under certain conditions. What to do after you have been issued a fine?

The law provides for a period for voluntary payment of monetary penalties. And, contrary to general opinion, the fine must be paid no later than 70 days, not 30. Let me explain. The payment period is calculated from the moment the decision on collection in the form of a fine is issued. However, such a decision can be appealed within 10 days, and only then comes into force. From this moment on, those cherished 2 months will count. If the fine is not paid on time, a double fine and arrest for up to 15 days may be imposed.

About discounts and installments

You received a fine, but no money. You can apply to the court for an installment plan or deferred payment. The court will consider it and make a decision based on your financial situation. And then we will talk about discounts, and here you need to be very careful. Article 32.2. The Code of Administrative Offenses provides for the opportunity to pay certain types of fines with a 50% discount within 20 days. These 20 days are calculated from the date of the decision. If you appealed the decision, or asked for a delay or installment plan, the discount cannot be applied. That is, the beginning of the 20-day countdown date will be the date of the decision.

Very often there is confusion with discounts on fines that the traffic police receive in “chain letters”. Even if you received the letter 19 days after the order was issued, the discounted payment period will be 20 days. That means you have 1 day left.

To prevent such situations from happening, there are services where you can check the debt by name or decree number.
And there is a significant difference. If you check fines for yourself, you can do this, for example, on the State Services website. After registration, please provide your passport details, SNILS, driver’s license number and PTS. Then the system will automatically notify you that a decree has been issued in your name, and you will have time to pay it on time. If you are not allowed to go abroad or your credit card is seized, this means that any collection is already overdue and has been sent to the bailiff service.
Bailiffs not only collect a fine, but also charge an enforcement fee for their work. You can check such penalties on the website of the bailiff service. There you can find out the number of the resolution and see why and when you were fined. In any case, it is better to take care of everything in advance and pay your debts on time.

Fines that are not regulated by the administrative code

There are gaps in the legislation regarding determining the amount of the fine, for example, for traveling without a ticket.

We all know that when traveling on any type of transport, if it is not your own car or that of friends, you have to pay for a ticket.
The ticket price consists of certain tariffs. Failure to pay for such travel is an administrative offense and is punishable by a fine. The Code of Administrative Offenses regulates this in Article 11.18.
What does the law tell us? Ticket-free travel on intercity and suburban maritime transport vessels will cost one hundred rubles. The same goes for intercity buses. But on air transport, ticketless travel “costs” two hundred rubles. Carrying children for whom payment is required without a ticket is punishable by half the adult fine. But the article does not say a word about commercial routes, municipal buses and other types of transport that we use every day. Since tariffs and ticket prices are set by a municipality or commercial organization, they independently develop the rules for passenger transportation and regulate liability for ticketless trains.

The fine may vary in different regions. For example, in the Volgograd region you can pay 5,000 rubles for a “hare” ride on a regular municipal bus, and in St. Petersburg from 500 rubles.

If such a passenger is detected, the controller issues a receipt for payment of the fine for ticketless travel. To do this, the authorized person asks for an identification document. Here is an important point. The controller has the authority to issue you a fine. You can refuse to provide him with documents. Then the actions of the conductor will be as follows:

The official will call the police to draw up a report on the administrative offense. It will take a lot of time, stop the movement and leave, to put it mildly, not very pleasant memories. If you really do not have a passport or other identification document with you, you will be taken to a department where your identity will be established.

Commercial carriers do not have the authority to issue a fine. And here they will immediately call the police. The authorities will look at the license confirming the carrier’s right to engage in this type of activity, then they will draw up an administrative protocol for the hare. It is because of these difficulties that commercial carriers have practically abandoned fines for ticketless travel. But statistics show that there are much more free riders on municipal transport, even those equipped with modern control systems, than on commercial routes. The consequences of failure to pay such a fine will be similar to any other. Payment deadlines are the same.

Summarizing all of the above

We are all human, and we all, sometimes, unconsciously break the law. In order to bear minimal responsibility, you need to take care to find out about all your debts and fines. Use services to check fines and debts once every two weeks. This will ensure that you get paid on time and at a discounted rate. You should not deceive the state and try to travel for free or get something for nothing, because the state does not forgive such mistakes and fines them immediately. The Administrative Code protects our daily safety and ensures living comfort. Therefore, it is advisable to comply with the law for the common good and learn to take responsibility for one’s wrongdoings.

Deadline for voluntary payment of an administrative fine

Instructions for paying an administrative fine to the FAS

Payment of a fine under a protocol of administrative offense is a procedure for repaying a penalty issued to the customer after an inspection by the Federal Antimonopoly Service. The payment must be transferred to the FAS within 2 months from the date the decision was made.

Procurement activities are carried out in accordance with two legislative standards - the Federal Contract System (44-FZ) and the Federal Law on Procurement by Certain Types of Legal Entities (223-FZ). The actions of customers and suppliers are strictly regulated, and any deviation from established standards entails administrative liability. One of the measures of punishment for procurement participants is penalties, and payment of fines for administrative offenses is a tool for implementing responsibility. The procedure for determining fines and their amounts is regulated by the Code of Administrative Offenses (CAO). Punishment and subsequent penalties are established by regulatory authorities (Federal Antimonopoly Service).

We receive a resolution

The customer violated procurement legislation and, based on the results of the FAS inspection, was punished in the form of penalties (Article 107 44-FZ, Article 7.32.3 of the Administrative Code). The basis for transferring the penalty to the budget is a resolution imposing an administrative penalty issued by the FAS to the customer organization. After receiving the administrative document in hand, payment for the administrative offense is made according to the resolution. The fine is issued to an official or an organization - this determines the order of mutual settlements between the customer and the budget.

Let's look at an example. The organization acting as the customer received resolution No. 678/05-ADM-2018. The essence is a violation of competition among procurement participants, that is, non-compliance with the standards of 135-FZ “On Competition” (clause 3, part 1, article 17). Procurement documents are not drafted in an appropriate manner, limiting the potential number of bidders.

An administrative investigation was carried out against the customer. Specialists from the territorial office of the Federal Antimonopoly Service studied the received documents. After analyzing the case materials, the participants in the proceedings drew up a protocol on the administrative offense. OFAS specialists held a hearing on the case, which resulted in resolution No. 678/05-ADM-2018. The regulatory authority imposed a fine on the customer in the amount of 2,000 rubles.

We find out payment terms

The completed and signed resolution is handed over to the customer’s representative or sent by mail. In addition to the amount of collection, the administrative document also indicates the period of mutual settlements. Here is the deadline for paying a fine for an administrative violation:

60 days from the date of entry into force of the FAS order (Part 1 of Article 32.2 of the Administrative Code).
60 days after the expiration of the deferment or installment plan permitted by the regulatory authority (Article 31.5 of the Administrative Code).

According to the law, each organization has 10 days from the date of receipt of the document to appeal the FAS decision. If the customer does not exercise his right, the decision comes into force immediately. If the customer’s representatives appealed the order of the Antimonopoly Service, then the settlement period begins from the day the document enters into force.

We determine the details for transferring the payment

Payments are processed only if the payer has all the necessary details. The basis for mutual settlements is a receipt for payment of an administrative fine (if the penalty is transferred by an official) or a payment order (if the payment is made on behalf of the customer organization). Here's what you'll need to transfer money to the budget:

TIN, KPP and OGRN of the recipient;
name of FAS (not the name of the body, but its name and personal account in bank documents);
bank details;
current account number of the supervisory authority;
BCC for a specific type of recovery;
UIN - unique payment identification number;
details of the basis document (resolution).

Finding out all this data is very easy. They are in the administrative document about the administrative offense. They also provide the budget classification code and the UIN.

The customer has many payment options available: through applications, a government services portal, a terminal or a bank whose client is the payer. The method of calculation depends on whose name the fine was issued.

We pay through mobile applications

The payment option using a special application is only suitable in cases where the receipt is issued to an official. The money is debited from the personal bank account of the responsible employee or manager. No matter how many days are given to pay the administrative fine, send the payment as quickly as possible and provide evidence to the FAS department.

Such operations are carried out through mobile applications of the card issuer bank (Sberbank, VTB, Tinkoff). The most popular application is Sberbank Online, so we will analyze it. The payment algorithm is quite simple:

Step 1. Install the application on your mobile device or go to the Sberbank Online website.

Step 2. Log in - enter your username and password.

Step 3. Take a receipt or decree.

Step 4. On the bottom taskbar, select the “Payments” block.

Step 5. Find the “Taxes, fines, duties, budget payments” tab in the payments section.

Step 6. Select the category you are looking for, enter the details and pay.

Step 7. If the capabilities of the mobile device allow, we make payment using a barcode or special electronic encoding. This method allows you to pay quickly and without errors - all information is scanned automatically. This means that all data is entered in the same way as a receipt from the FAS.

There is another payment option through the Sberbank mobile application - search by TIN. In the search line we indicate the individual taxpayer number, the program displays all debts and fines that are currently in effect.

A number of applications (including Sberbank) have a payment function through the government services portal. The instructions are:

Step 1. Log in to the application.

Step 2. Go to the “Payments” section.

Step 3. Find the “Government Services” block and follow the link.

Step 4. Select the desired item - payment according to UIN or payment of debt.

Step 5. We transfer the amount of the fine without additional commission.

We pay through the government services portal

Payment of an administrative fine through the public services portal is available for officials and organizations. The payer logs into his personal account (personal or institutional), selects the desired action, enters the data and sends the payment. The only caveat is that if you are not registered in the system, this option of settlements with the FAS for an administrative offense will not suit you. A registered account requires verification, and this is additional time, which delays the transfer of funds to the account of the Antimonopoly Service.

If the account is active, the fine is paid according to the following scheme:

Step 1. Log in to your personal account.

Step 2. Select the “Payment” action. In the menu that opens, look for “Payment by receipt number.” For the convenience of users, the “Payment by receipt” section is displayed in a separate icon in the lower right corner.

Step 3. Enter all the details, fill in the required fields and pay the FAS fine. There is no commission for this type of transaction.

In addition to the mutual settlements themselves, government services also check the receipt of funds to the account of the Federal Antimonopoly Service. Here's how to check payment of an administrative fine:

Step 1. Log in to your personal account.

Step 2. Select the “Debts” section.

Step 3. Request information about existing fines and debts to the budget.

If the certificate does not display the amount of the fine in the FAS, it means that the money has been transferred to the bank account of the regulatory authority.

We pay through the terminal

An administrative fine was issued to the official. Options with Sberbank and government services are not suitable for the payer (he is not a user of these services). This is not a problem, there are still options for settlement with the FAS. Here's where to take the receipt for payment of the administrative fine:

to the nearest branch of any bank that works with individuals;
to a place where there is a payment terminal (located in banks or large stores).

Paying a fine through a terminal is complicated by two factors. Firstly, the data from the receipt has to be entered quickly, in a public place and in the presence of a queue. Secondly, all mutual settlements through the terminal are made taking into account the commission - you will pay more.

But if there are no other options, then pay at the terminal. The procedure for transferring money is as follows:

Insert a plastic card (debit or credit).
Enter a four-digit PIN code.
Find the “Payments” section.
Select the “Fines” block.
We enter the information from the receipt.
We indicate the amount to be transferred.
We complete the operation and be sure to collect the check.

If the terminal is located in a bank branch, specialists from the customer service area will help you make the payment, but the commission will be charged a little more. The terminals have a fixed commission of 2%.

We generate a payment order

A payment order is drawn up in case of payment of an administrative fine by a legal entity. The previous methods will not work - customers, especially public sector employees, have certain rules for reporting and budget execution. Funds are allocated for mutual settlements on collections (KOSGU 292), financing is carried out in full and is included in periodic and final reporting.

The payment order is also confirmation of the fact of payment for the Antimonopoly Service. The decision on the offense indicates how much time is given to pay the administrative fine, and what details to send the payment to. Violating payment terms and procedures is prohibited.

We receive details for transferring penalties for an administrative offense:

We are preparing a payment order.

Step 1. Determine the number and date. Numbering in payment documents is in order.

Step 2. Enter the amount of the fine according to the resolution.

Step 3. We indicate the payment details of the payer (customer) and recipient (FAS) of funds.

Step 4. We enter codes that identify the payment: transaction type 01 (field 18), unique number of each payment UIN (field 22), priority - 5 (field 21), KBK (field 104), territorial affiliation code OKTMO (field 105). In field 106 we determine the type of collection - TP (current payment), in field 107 - frequency (in our case 0), and in fields 108 and 109 we indicate the number and date of the administrative resolution.

Step 5. Fill in the payment purpose (field 24). The purpose describes the purpose and basis for the transfer of funds.

The completed payment order is signed with an electronic digital signature and sent for processing to the Treasury. The fact of money transfer will be reflected in the personal account statement. A signed and certified copy of the payment document must be provided to the FAS.

Checking the payment

The customer is obliged to transfer the collection within the prescribed period and provide confirmation of payment to the antimonopoly service. Before preparing your confirmation, check to see if the payment went through. Here's how to check payment of a fine for an administrative violation:

Based on an extract from the personal account of the customer organization.
Through the government services portal.
Through the official website of the Federal Bailiff Service.

Checking through the FSSP service is carried out in the same way as searching on the government services website. The user indicates his last name or details of the decision on an administrative offense by the FAS and starts a search.

The service of the Federal Bailiff Service allows you not only to check, but also to pay your outstanding debt. All payment documents (orders, checks, paid receipts) must be kept until confirmation of the actual receipt of the fine into the FAS account.

Liability for non-payment

The fine for an administrative offense is paid within 60 days. If the payer ignored the order or was late in payment, he will face new penalties - the initiation of enforcement proceedings by the bailiff service, a doubling of the amount of collection or administrative arrest for up to 15 days. In some cases, it is possible to replace temporary imprisonment with a sentence of 50 hours of compulsory labor.

On compliance with deadlines for paying administrative fines on a voluntary basis

The Office of the Federal Service for Supervision of the Protection of Consumer Rights and Human Welfare in the Tula Region draws the attention of persons brought to administrative responsibility to the need to comply with the deadlines for the voluntary payment of administrative fines and reports the following:

In accordance with Art. 31.2. Code of Administrative Offenses of the Russian Federation “a resolution in a case of an administrative offense is mandatory for execution by all government bodies, local government bodies, officials, citizens and their associations, and legal entities.”

Article 32.2. The Code of Administrative Offenses of the Russian Federation establishes that an administrative fine must be paid by a person brought to administrative responsibility no later than sixty days from the date the decision to impose an administrative fine comes into force, or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of the Code of Administrative Offenses of the Russian Federation.

At the same time, persons brought to administrative responsibility who have not exercised the right to appeal against decisions made, as well as the right to defer or installment payment of an administrative fine, are required to pay the administrative fine within the established 60 days.

If persons brought to administrative responsibility do not pay an administrative fine within the time limits established by law, then they face a number of negative consequences associated with the forced collection of unpaid (not paid on time) administrative fines, namely:

1) the decision is sent within ten days to the bailiff for the forced collection of administrative fines, as a result of which the person bears the costs of the enforcement fee in accordance with Art. 112 of Federal Law No. 229-FZ of October 2, 2007;

2) In addition, a protocol on an administrative offense is drawn up in relation to the person under Part 1 of Article 20.25 of the Administrative Code of the Russian Federation for non-payment (late payment of an administrative fine), as a result of which the person will have to pay the previous fine and an additional one in double amount, i.e. . the person will bear expenses in triple amount.

Based on the above, the Office strongly recommends that persons brought to administrative responsibility comply with the deadlines for paying administrative fines.

What is the deadline for paying an administrative fine?

There are different types of liability in the Russian Federation. For example, the softest is administrative. Most often, it is expressed either by arrest for a certain period (up to 15 days), or by a fine in the amounts established by law. In the second case, you will have to deposit funds into the state treasury until a certain point. But which one exactly? What is the deadline for paying an administrative fine in a particular case? And what is the penalty for late payment? Everyone needs to understand the relevant information.

Stages of imposing a fine

First, you need to understand how a fine is assigned for an administrative violation. This process can be divided into several stages.

recording the violation and drawing up a resolution;
notification of a citizen about the imposition of a fine;
entry into force of the sanction.

In some cases, a resolution on an administrative offense is drawn up on the basis of a court decision. For example, if we are talking about imposing a fine on a citizen and depriving him of his driver’s license.

After the sanction has entered into force, the citizen must understand what the deadline for paying an administrative fine is in Russia. This is the only way he can avoid late payments. It will lead to serious consequences.

Time to pay

The deadline for paying a fine for an administrative offense is established by current legislation. It is the same for all situations. That is, it does not matter what exactly the payment is for - you will have to deposit funds during the same period.

At the moment, the payment period for the administrative fine is two months. This means that the payment delay begins on the 61st day. This period is considered the time allotted for the voluntary contribution of funds to the state treasury. If you do not meet it, you will have to bear additional responsibility. We will talk about it later.

About entry into force

It is worth paying attention to the fact that the 60 days allotted for paying off a fine on a voluntary basis does not begin immediately after the corresponding decision to impose sanctions is made. This is due to the fact that everyone has a chance to appeal a fine or other punishment for a violation.

Only ten days are allotted for this procedure. Accordingly, while a citizen does not agree with the decision, he can file an appeal with the court. The previously issued resolution will come into force only after a week and three days. It is from this moment that the deadline for paying an administrative fine in the Russian Federation will begin.

It follows that a person will have only 70 days to complete the task. If the violator does not have enough funds, he can go to court and ask for a deferred payment or installment plan. True, the lack of money will have to be documented.

With discount

Some fines can be paid in part. To be more precise, at a discount. For example, the bulk of traffic police fines. As a rule, this can be done within a very short time.

The deadline for payment of an administrative fine by an individual with a discount of 50% of the payment amount is 20 days. The countdown of time begins from the moment the decision is made to apply the appropriate sanction to a specific person.

Important: the funds must reach the recipient of the fine within the specified time. Otherwise, you will have to pay the remaining half of the amount.

At the same time, you cannot pay at a discount traffic police fines related to intoxication, driving without registering a vehicle, running a red light, driving in oncoming traffic, as well as participation in an accident causing mild or moderate harm.

What happens if the fine is canceled

It happens that citizens fight for a long time for their right in the courts. For example, when they fundamentally disagree with the sanctions imposed on them. Some people go to trial and prove their innocence for several months, missing all deadlines for paying an administrative fine.

In such circumstances, the potential violator must still deposit the appropriate amount into the state treasury within the time limits established by law.

What to do if the deadline for paying an administrative fine by court decision has passed, the person has paid the funds within the established period, and the sanctions imposed on him have been declared invalid? Don't worry - your money will be returned in full. It is enough to confirm the fact of payment of the fine to the state treasury to the judge. It is better to do this directly during the court hearing. Then, if the citizen is actually not guilty of anything, a decision will be made immediately to cancel and return the fine to the payer. Otherwise, the judge will first simply invalidate the previously imposed sanctions.

What to expect in case of delay

Unfortunately, not everyone is conscientious about their responsibilities. Some people are willing to avoid paying bills and paying taxes. And don’t pay off fines either. All this leads, as has already been said, to bringing a person to additional responsibility.

From the first day of delay, the citizen will be charged a penalty every day. To stop the penalty from growing, the violator must first pay the main fine, and then make late payments.

As soon as the debt exceeds a total of 3,000 rubles, the case may be transferred to bailiffs. This service carries out forced collection of funds from debtors.

For example, bailiffs can:

seize bank accounts;
block a citizen’s debit cards;
prohibit a person from leaving Russia;
seize property.

It also happens that due to non-payment of fines and other debts, a citizen’s property is put up for sale. After sale, the proceeds will be used to pay off the debt. If something remains later, the money will be returned to the former debtor.

Conclusion

Now it’s clear how quickly we need to “close” fines in Russia. And what happens if you miss the corresponding payment, too.

As a rule, it is better not to delay in transferring funds to the state treasury. This is the only way to avoid additional problems and liability.

Important: the statute of limitations for administrative fines is 2 years. If during this time the citizen has not paid them or they have not been collected, the sanction “burns out.”