Deadline for payment of an administrative fine by court decision

Payment of an administrative fine

Timely payment of an administrative fine will allow you not to be “afraid” of imposing a new punishment. Because for violation of the deadlines established for payment, the Code of Administrative Offenses of the Russian Federation provides for administrative liability. And even for one day of delay.

Deadline for payment of an administrative fine

Each type of administrative punishment has its own execution procedure. The administrative fine was no exception.

Article 32.2. The Code of Administrative Offenses of the Russian Federation establishes a general deadline for paying the imposed fine. This is 60 calendar days from the date of entry into force of the decision on an administrative offense. Moreover, if an administrative fine is established by the law of a constituent entity of Russia, then the execution period is only the Code of Administrative Offenses of the Russian Federation.

According to the procedure for bringing to administrative liability, a resolution in a case of an administrative offense comes into force after the deadline for appeal has expired. If the violator does not file a complaint, then it is 10 days. From the day following the date of delivery by the authorized body of the decision on the case. Not a protocol on an administrative offense, but the results of its consideration.

So, if a person has not filed a complaint, as a general rule he pays the administrative fine before the expiration of 70 calendar days from the day following the date the decision in the case comes into force. Because such a general rule for calculating deadlines is Article 4.8 of the Code of Administrative Offenses of the Russian Federation. And if a person goes through the stages of appealing the decision, then the terms increase.

Exceptions to deadlines for paying administrative fines

The legislator has provided the most exceptions regarding the terms of execution of punishment (payment is execution) for foreign participants in administrative legal relations:

if the court imposed an additional punishment on the foreigner in the form of administrative deportation. A foreign citizen is obliged to pay such a fine no later than the day following the day the resolution comes into force. Failure to pay such a fine will not allow you to enter the country in the future. And this is in addition to the 5-year ban due to deportation
a foreign carrier (driver) must pay the fine before the departure of a vehicle belonging to such a carrier. But no later than the general deadline

The violator must pay the fine under Article 19.28 of the Code of Administrative Offenses of the Russian Federation no later than 7 days after the resolution comes into force.

An exception will be made in cases of granting a deferment (installment plan). It can be applied by the body that issued the decision on the case. He will take into account the financial situation of the offender. Installment period – up to 3 months. They will be indicated in the resolution, the period from which the execution of the punishment begins.

Payment of an administrative fine for another person

Can another citizen or organization pay a fine for a third party? For example, tax can be paid for another person. This is expressly provided for in the Tax Code. And the Code of Administrative Offenses of the Russian Federation states that payment of an administrative fine is carried out by a person brought to administrative responsibility.

The purpose of imposing an administrative penalty is inextricably linked with the personality of the offender. This is his retribution for violating the foundations of law and order. And he must personally participate in the execution of the punishment. Therefore, the administrative fine is paid by the violator himself. Except in cases where he has not reached 18 years of age and does not have his own sources of income. Here the payment is made by legal representatives. In addition, payment can be made by a representative under a power of attorney (for more details, see power of attorney for administrative matters).

How to pay an administrative fine

The violator pays on his own behalf, that is, personally. The details must be indicated in the resolution on the case of an administrative offense. To pay, you can use the “government services” service. You can pay with a bank card (which belongs to the offender). Or just pay through the bank (don't forget your passport). Paying online is also not a problem if you use your bank’s website. And order a copy of the receipt electronically to your email.

To avoid possible “accusations” of non-payment of fines, it is better to submit a copy of the receipt for payment of fines to the authority that issued the decision. The information system does not always reflect current information.

In the absence of a copy of the receipt and information about payment of the administrative fine in the state information system, forced execution of the penalty begins. Through enforcement proceedings with a bailiff.

Consequences of failure to pay an administrative fine

Firstly, enforcement proceedings mean the use of coercive measures. Depending on the amount of the fine, the bailiff may implement different enforcement actions. From foreclosure on funds to restrictions on leaving Russia.

Secondly, the body authorized in accordance with the jurisdiction of administrative affairs will draw up a protocol for violation under Part 1 of Art. 20.25 Code of Administrative Offenses of the Russian Federation. Of course, this is not a continuing administrative offense. And sometimes such a body may miss the statute of limitations. However, the sanction of Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation makes it possible to impose an administrative penalty:

double fine (but not less than 1000 rubles)
administrative arrest
compulsory work

Paying a traffic police fine has its own characteristics, which are discussed in a separate publication.

What is the deadline for paying a fine according to a court decision?

Hello! I have a question. By the decision of the district court as an appellate instance, the guilt of the official was established and a fine was imposed, that is, the decision of the court of first instance was left unchanged. Accordingly, the decision came into force from the moment of proclamation. The deadline for filing a cassation appeal is 6 months. When do we need to pay a fine in order not to violate the terms of execution of the court decision, but at the same time we plan to file a cassation appeal?

Good afternoon The payment period must be indicated in the decision; usually, according to the Code of Administrative Offenses of the Russian Federation, it is 60 days. Filing a cassation appeal does not delay the deadline for paying the fine.

Hello! If you file a cassation appeal, you do not need to pay a fine yet. After completing all stages of consideration of the administrative case, pay the fine. Under what article was there a violation? If you still do not file a cassation appeal, the deadline for paying the fine in accordance with the Code of Administrative Offenses of the Russian Federation is sixty days. Otherwise, you will be liable under Article 20.25 of the Code of Administrative Offenses of the Russian Federation - payment of a double fine

In proceedings on administrative offenses there are no appeal or cassation instances/complaints.

The deadline for payment of the fine is 60 days from the date the resolution entered into force. Accordingly, the first day of payment of the fine is the day following the day of the decision on the complaint against the resolution. Filing an appeal against a court decision on a complaint against a ruling (what you call a cassation appeal) does not in any way suspend this period. If suddenly a third instance cancels the decision (after paying a fine), then it will simply be returned to you.

Deadline for paying an administrative fine

What is the deadline for paying an administrative fine after a ruling of the court of appeal with a decision to uphold the decision of the arbitration court?

As a general rule, an administrative fine must be paid no later than sixty days from the date of the relevant decision of the arbitration court of appeal (part 4 of article 206 of the Arbitration Procedure Code of the Russian Federation, part 1 of article 32.2 of the Code of Administrative Offenses of the Russian Federation).

The rationale for this position is given below in the materials of the “Lawyer System”.

1. Arbitration Procedural Code of the Russian Federation

“Article 206. Decision of the arbitration court in the case of bringing to administrative liability

4. The decision in the case of bringing to administrative liability comes into force after ten days from the date of its adoption, unless an appeal is filed.

If an appeal is filed, the decision, unless it is changed or cancelled, comes into force from the date of adoption of the decision by the arbitration court of the appellate instance.”*

2. Code of the Russian Federation on Administrative Offenses

“Article 32.2. Execution of the decision to impose an administrative fine

1. An administrative fine must be paid by a person held administratively liable no later than sixty days from the date the decision to impose an administrative fine comes into force*, except for the case provided for in part 1.1 of this article, or from the date of expiration of the deferment period or installment plan provided for in Article 31.5 of this Code."

3. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 2, 2004 No. 10 “On some issues that have arisen in judicial practice when considering cases of administrative offenses”

Courts should take into account that if, after thirty days from the date of entry into legal force of a court decision on bringing to administrative responsibility and imposing a penalty in the form of an administrative fine, or from the date of expiration of the deferment period or installment period for execution of this decision, there is no information about the payment of an administrative fine fine voluntarily, on the basis of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, the said judicial act must be sent to collect the fine and draw up a protocol on the administrative offense provided for in Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, to the bailiff, determined on the basis of Article 33 of the Federal Law “On Enforcement Proceedings” .

4. Resolution 4 of the AAS dated 08/07/2015 No. A58-1047/2015

“In paragraph 15.3 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 2, 2004 No. 10 “On some issues that have arisen in judicial practice when considering cases of administrative offenses” it is stated that if, after thirty days from the date of entry into force a court decision to bring to administrative liability and to impose punishment in the form of an administrative fine, or from the date of expiration of the deferment period or installment plan for the execution of this decision, there is no information about the payment of an administrative fine voluntarily, on the basis of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, the said judicial act must be sent for collection a fine and drawing up a protocol on an administrative offense, provided for in Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, to a bailiff, determined on the basis of Article 33 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”.

According to Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation (as amended by Federal Law No. 383-FZ of December 28, 2013), an administrative fine must be paid by a person held administratively liable no later than sixty days from the date the resolution imposing an administrative fine comes into force.

Explain to the Limited Liability Company "Trading House Istok" that if, after sixty days from the date of entry into force of this resolution, the Fourth Arbitration Court of Appeal does not have information about the payment of an administrative fine voluntarily, on the basis of Article 32.2 of the Code of the Russian Federation on Administrative offenses, a copy of this resolution will be sent to collect an administrative fine and draw up a protocol on an administrative offense, provided for in Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, to the bailiff, determined on the basis of Article 33 of the Federal Law of October 2, 2007 No. 229-FZ " On enforcement proceedings."

How to correctly calculate the deadline for paying an administrative fine and prevent it from being overdue?

According to the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), an administrative fine must be paid by a person brought to administrative responsibility no later than sixty days from the date of entry into force of the decision to impose an administrative fine or from the date of expiration of the deferment period or installment plan ( Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation). How to calculate this period correctly and prevent late payment of the fine?

The legislator pointed out two events, upon the occurrence of which the period for payment of an administrative fine begins: 1) the entry into force of the resolution; 2) expiration of the deferment period or installment plan for payment of the administrative fine.

In the first case, the beginning of the period for payment of the fine is associated with the entry into force of the resolution. A decision in a case of an administrative offense comes into force after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested (Part 1 of Article 31.1 of the Code of Administrative Offenses of the Russian Federation), and it can be appealed within ten days from the date of delivery or receipt of a copy of the resolution (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). Thus, after a citizen receives a decision imposing a fine on him (for example, in court, from a traffic police inspector, from a local police officer, by registered mail, etc.), the period for appeal begins the next day – 10 days, after which the resolution comes into force.

For example, on January 12, 2015, a citizen received a decision imposing a fine, the period for appealing the decision (10 days) begins to be calculated from January 13, 2015, and the last day of appeal will be January 22, 2015. If no complaints are received against the resolution from the citizen and the body (or official) that compiled the protocol on the administrative offense (for example, in the case of consideration of the traffic police protocol in court), the resolution comes into force on January 23, 2015. After this, the deadline for paying the fine is calculated (60 days), and the last day for paying the fine will be March 24, 2015. This will be the last day of the period for “voluntary” payment of the fine.

In the second case, the beginning of the period for payment of the fine is associated with the expiration of the deferment period or the installment period for payment of the administrative fine. This means that if a judge or other body (official) has deferred or extended the payment of the fine, then the period for payment of the fine (60 days) begins to be calculated after the expiration of the deferment or installment period.

Is it necessary to notify the court or other authority that imposed the fine that the fine has been paid?

The fact is that currently, persons who have been sentenced to an administrative fine do not have the obligation to provide payment documents confirming payment of the fine to the court or to the body (official) that imposed the fine, i.e. a citizen is not obliged to report to a court or other authority about the payment of a fine. At the same time, part 5 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation establishes that if, after the deadline for paying the fine, the judge or other body that imposed the fine does not have information about the payment of this fine (i.e., there is no document on payment of the fine or there is no information on payment of the fine in State information system on state and municipal payments), the resolution imposing a fine is sent to the bailiff for enforcement, and then the citizen will need to prove the fact of paying the fine to the bailiff. In this regard, I recommend that after paying the fine, you notify the authority that imposed the fine by presenting a payment document, or keep the payment document in case you have to report to a bailiff.

Why is it necessary to pay the fine on time, i.e. before the expiration of the stipulated period of “voluntary” payment (60 days)?

Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation provides for liability for failure to pay an administrative fine within the period prescribed by law. When a judge (another body (official) transfers a decision for enforcement to the bailiff service, the issue of bringing the person to administrative liability under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, the sanction of which provides for three alternative types of punishment, is simultaneously resolved:

1) an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles; 2) administrative arrest for up to fifteen days; 3) compulsory work for up to fifty hours.

Deadlines for payment of the fine, if the decision (if the court decision is not in favor of the LLC)

LLC On July 10, a resolution was issued on an administrative violation; on August 12, a claim was filed to appeal to the court, the case is being considered in court. What are the deadlines for paying the fine if the decision (if the court decision is not in favor of the LLC) is appealed to the appeal, and then to the cassation?