Deadline for payment of an administrative fine under the Code of Administrative Offenses of the Russian Federation
Article 32.2. Execution of the decision to impose an administrative fine
Information about changes:
Federal Law No. 210-FZ of July 24, 2007 amended Article 32.2 of this Code, which comes into force on January 1, 2008.
Article 32.2. Execution of the decision to impose an administrative fine
See comments to Article 32.2 of the Code of Administrative Offenses of the Russian Federation
On the constitutional and legal meaning of the provisions of Article 32.2 of this Code, see the ruling of the Constitutional Court of the Russian Federation dated February 9, 2016 N 213-O
Information about changes:
Part 1 amended from August 14, 2018 - Federal Law of August 3, 2018 N 298-FZ
1. An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.
Information about changes:
Federal Law No. 383-FZ of December 28, 2013 supplemented Article 32.2 of this Code with Part 1.1
1.1. An administrative fine imposed on a foreign citizen or stateless person simultaneously with administrative deportation from the Russian Federation must be paid no later than the next day after the day the relevant resolution in the case of an administrative offense comes into force.
Information about changes:
Federal Law No. 378-FZ of December 14, 2015 amended Part 1.2 of Article 32.2 of this Code
1.2. An administrative fine imposed for committing an administrative offense provided for in Articles 11.26, 11.29, 12.9, parts 6 and 7 of Article 12.16, Article 12.21.3 of this Code must be paid before the vehicle owned by a foreign carrier, in which the administrative offense was committed, leaves the territory Russian Federation, but no later than the period specified in part 1 of this article.
Information about changes:
Part 1.3 amended from January 7, 2019 - Federal Law of December 27, 2018 N 513-FZ
By Decree of the Constitutional Court of the Russian Federation of December 4, 2017 N 35-P, Part 1.3 of Article 32.2 of this Code was recognized as inconsistent with the Constitution of the Russian Federation to the extent that in the system of current legal regulation it excludes the possibility of restoring the twenty-day period established for the payment of an administrative fine imposed in the manner prescribed by Part 3 of Article 28.6 of this Code, in the amount of half the amount of the imposed administrative fine in the case where a copy of the resolution imposing an administrative fine, sent to the person brought to administrative responsibility by registered mail, arrived at his address after the expiration of twenty days from day of issuance
1.3. When an administrative fine is paid by a person held administratively liable for committing an administrative offense provided for in Chapter 12 of this Code, with the exception of administrative offenses provided for in Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of the Article 12.15, part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of this Code, no later than twenty days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine. If a copy of the decision on the imposition of an administrative fine, sent to a person held administratively liable by registered mail, was received at his address after the expiration of twenty days from the date of such decision, this period is subject to restoration by the judge, body, official, who made such a decision, at the request of a person held administratively liable. The decision to reject the said petition may be appealed in accordance with the rules established by Chapter 30 of this Code. If the execution of the decision to impose an administrative fine was delayed or spread out by the judge, body, or official who issued the decision, the administrative fine is paid in full.
Information about changes:
Article 32.2 was supplemented by part 1.4 from August 14, 2018 - Federal Law of August 3, 2018 N 298-FZ
1.4. An administrative fine imposed for committing an administrative offense provided for in Article 19.28 of this Code must be paid no later than seven days from the date the resolution imposing an administrative fine comes into force.
2. If a minor does not have independent income, an administrative fine is collected from his parents or other legal representatives.
Information about changes:
Federal Law of June 27, 2011 N 162-FZ, Part 3 of Article 32.2 of this Code is set out in a new wording, which comes into force ninety days after the day of official publication of the said Federal Law
3. The amount of an administrative fine is paid or transferred by a person held administratively liable to a credit organization, including with the involvement of a bank payment agent or a bank payment subagent operating in accordance with the Federal Law “On the National Payment System”, the organization of the federal postal service or a payment agent operating in accordance with Federal Law of June 3, 2009 N 103-FZ “On the activities of accepting payments from individuals carried out by payment agents.”
4. Invalid as of January 1, 2008.
Information about changes:
Information about changes:
Part 5 amended from August 14, 2018 - Federal Law of August 3, 2018 N 298-FZ
5. In the absence of a document confirming the payment of an administrative fine, and information about the payment of an administrative fine in the State Information System on state and municipal payments after the expiration of the period specified in part 1, 1.1 or 1.4 of this article, the judge, body, official who issued resolution, prepare a second copy of the said resolution and send it within ten days, and in cases provided for in parts 1.1 and 1.4 of this article, within one day to the bailiff for execution in the manner prescribed by federal legislation. If a second copy of the resolution imposing an administrative fine is produced in the form of an electronic document, the legal force of which is confirmed by an enhanced qualified electronic signature in accordance with the legislation of the Russian Federation, the specified second copy is sent to the bailiff in electronic form via information and telecommunication networks. In addition, an official of a federal executive body, a structural unit or territorial body, or another state body that examined a case of an administrative offense, or an authorized person of a collegial body that examined a case of an administrative offense, draws up a protocol on the administrative offense provided for in Part 1 of Article 20.25 of this Code, in relation to a person who has not paid an administrative fine. A protocol on an administrative offense provided for in Part 1 of Article 20.25 of this Code in relation to a person who has not paid an administrative fine in an administrative offense case considered by a judge is drawn up by a bailiff. A protocol on an administrative offense provided for in Part 1 of Article 20.25 of this Code is not drawn up in the case specified in Note 1 to Article 20.25 of this Code.
Information about changes:
Information about changes:
Information about changes:
Part 8 amended from July 31, 2018 - Federal Law of July 29, 2017 N 236-FZ
8. A bank or other credit organization, a federal postal service organization, a payment agent engaged in accepting payments from individuals, or a bank payment agent (subagent) operating in accordance with the Federal Law “On the National Payment System”, which pays the amount of the administrative fine, are required to send information about the payment of an administrative fine to the State Information System on state and municipal payments in the manner and within the time frame provided for by Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services.”
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.
Procedure for paying an administrative fine
An administrative fine must be paid by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine (ten days from the date of delivery or receipt of a copy of the decision) or from the date of expiration of the deferment period or installment plan period provided for in this article 31.5 of the Code of Administrative Offenses of the Russian Federation. Details for crediting monetary penalties (fines) for administrative offenses are indicated in the resolution on the case of an administrative offense and the receipt for payment of the fine.
You can pay the fine in one of the following ways: through bank operators, through a Sberbank self-service ATM, using online services, using the government services portal for registered users.
Be sure to take into account the bank commission, since the payment may not go through, and you will have to re-deposit the required amount or pay extra.
If an administrative fine is paid based on a decision made in relation to another person, then in the purpose of payment field, information about the decision and the person in respect of whom it was made is indicated. For example: “an administrative fine according to resolution No. 300000 of February 14, 2017 in relation to Ivan Ivanovich Ivanov.”
After payment, the citizen receives a document (receipt), which it is advisable to keep in case of claims of non-payment.
If you incorrectly fill in the required details of the payment document, your payment will not be identified. If the payment can be identified, the fine will be considered paid after clarification, within 10 days. If the payment cannot be identified, then the debt remains unpaid. In the absence of a document evidencing the payment of an administrative fine and information about the payment of an administrative fine in the State Information System on state and municipal payments after sixty days from the date of entry into force of the decision, the relevant materials are sent to the bailiff to collect the amount of the administrative fine in the manner provided for by federal legislation.
In addition, an authorized official of the Department of Internal Affairs or a bailiff draws up a protocol on an administrative offense, provided for in Part 1 of Article 20.25 of the Administrative Code of the Russian Federation, in relation to a person who has not paid an administrative fine. Failure to pay an administrative fine on time entails the imposition of an administrative fine in the amount of twice the amount of the unpaid an administrative fine, but not less than one thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for up to fifty hours. In 2016, changes were made to the Code of Administrative Offenses of the Russian Federation allowing drivers to pay a fine of 50% for minor violations. As a general rule, the fine must be paid in full no later than 60 days from the date the decision in the accident case comes into force.
Part.
1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation provides for the opportunity to pay a fine for traffic offenses (Chapter 12) in the amount of half the amount of the imposed administrative fine. At the same time, a period has been established during which the fine can be paid with a 50% discount - it is no more than 20 days from the date of the decision to impose an administrative fine. Also, the fine must be paid in full if the court has delayed or spread the execution of the fine.
At the same time, in the decision in the case of an administrative fine, in the case of imposing an administrative fine, information about the recipient of the fine must be indicated, which is necessary for the transfer of the amount of the administrative fine, as well as information about the amount of the administrative fine, which can be paid in the amount of 50%.
You cannot pay half the fine for violations of:
• Part 1.1 of Art.
12.1 of the Code of Administrative Offenses of the Russian Federation (repeated driving of a vehicle not registered in the prescribed manner); • art.
12.8 of the Code of Administrative Offenses of the Russian Federation (Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication); • part 6 art.
12.9 of the Code of Administrative Offenses of the Russian Federation (Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour, committed repeatedly); • part 7 art.
12.9 of the Code of Administrative Offenses of the Russian Federation (Exceeding the established speed by more than 60 and 80 kilometers per hour, committed repeatedly); • part 3 art.
12.12 of the Code of Administrative Offenses of the Russian Federation (Driving through a prohibiting traffic light signal or a prohibiting gesture by a traffic controller, if this offense is committed repeatedly). • part 5 art.
12.15 of the Code of Administrative Offenses of the Russian Federation (Driving in violation of traffic rules into a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, if this offense is committed repeatedly); • part 3.1 art.
12.16 Code of Administrative Offenses of the Russian Federation (Driving in the opposite direction on a one-way road, if this offense is committed repeatedly); • art.
12.24 of the Code of Administrative Offenses of the Russian Federation (Violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of slight or moderate harm to the health of the victim); • art.
12.26 Code of Administrative Offenses of the Russian Federation (Failure of the driver of a vehicle to comply with the requirement to undergo a medical examination for intoxication); • part 3 art.
12.27 of the Code of Administrative Offenses of the Russian Federation (Failure to comply with the requirement of traffic rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic 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 in in order to establish the state of intoxication or until an authorized official makes a decision to exempt from such an examination). For reference: Offenses committed repeatedly within 1 year from the date of completion of the first order are considered repeated.
What fines can be paid in the amount of half the fine
? Changes made to the current legislation establish that when imposing a punishment under Articles 12 of Chapter 12 of the Code of Administrative Offenses of the Russian Federation, not specified in the section “What fines cannot be paid with a 50% discount”, the fine can be paid in half the amount ( see table below).
The only condition is the deadline for paying the fine (no more than 20 days from the date of drawing up the decision on the case). If the 20-day deadline is not met, the fine is paid in full (100%).
Fines that can be paid with a 50% discount (table)
Article 12.1 of the Code of Administrative Offenses of the Russian Federation, driving a vehicle that is not registered in the prescribed manner, a vehicle that has not passed a technical inspection, with the exception of Part 1.1 of Art.
12.1 Code of Administrative Offenses of the Russian Federation Article 12.2 Code of Administrative Offenses of the Russian Federation driving a vehicle in violation of the rules for installing state registration plates on it
Article 12.3 Code of Administrative Offenses of the Russian Federation driving a vehicle by a driver who does not have documents with him
Article 12.4 Code of Administrative Offenses of the Russian Federation violation of the rules for installing devices for giving special light or sound signals
Article 12.5 Administrative Code of the Russian Federation, driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark “Disabled” is illegally installed,
Article 12.6 of the Administrative Code of the Russian Federation, violation of the rules for using seat belts or motorcycle helmets,
Article 12.7 of the Administrative Code of the Russian Federation, driving a vehicle by the driver who do not have the right to drive a vehicle,
Article 12.9 of the Code of Administrative Offenses of the Russian Federation, exceeding the established speed of movement, committed for the first time,
Article 12.10 of the Code of Administrative Offenses of the Russian Federation, violation of traffic rules across railway tracks,
Article 12.11 of the Code of Administrative Offenses of the Russian Federation, violation of traffic rules on a highway,
Article 12.12 of the Code of Administrative Offenses of the Russian Federation, driving through a red traffic light, with the exception of .3 tbsp.
12.12 Code of Administrative Offenses of the Russian Federation Article 12.13 Code of Administrative Offenses of the Russian Federation Violation of the rules for passing intersections
Article 12.14 Code of Administrative Offenses of the Russian Federation Violation of the rules of maneuvering
Article 12.17 Code of Administrative Offenses of the Russian Federation Failure to give priority in traffic to police, ambulance
Article 12.18 Code of Administrative Offenses of the Russian Federation Failure to provide advantage in traffic to pedestrians
Article 12.19 Code of Administrative Offenses of the Russian Federation Violation of the rules of stopping or parking
Article 12.22 Code of Administrative Offenses of the Russian Federation, violation of the rules of training driving,
Administrative Offenses of the Russian Federation, violation of the rules for transporting people,
article 12.29 of the Administrative Code of the Russian Federation, violation of traffic rules by a pedestrian or other person participating in the process of road traffic,
article 12.36.1 of the Administrative Code of the Russian Federation, violation of the rules for using a telephone by the driver of a vehicle,
article 12.37 of the Administrative Code of the Russian Federation, failure to comply with the requirements for compulsory insurance of civil liability of vehicle owners. Read about liability for driving without a compulsory motor liability insurance policy in the article at the link
Please note that the period during which you can pay a fine with a discount is 20 calendar days, not from the date of receipt of the decision, but from the date of its issuance.
Warning:
1) According to Part 1 of Art.
32.2. Administrative fines must be paid by the person brought to administrative responsibility no later than 60 days from the date of entry into force of the decision on the imposition of an administrative fine, or from the date of expiration of the deferment period or installment plan provided for in Article 31.5 of the Administrative Code of the Russian Federation. In case of non-payment, after 60 days, collection is carried out forcibly. 2) According to Part 1 of Art.
20.25 of the Code of Administrative Offenses of the Russian Federation, failure to pay an administrative fine on time entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a period of up to fifteen days. 3) According to Part 4 of Art.
67 Federal Law dated 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, in case of failure to pay an administrative fine, the bailiff has the right to apply to the court with an application to establish a temporary restriction for the debtor to leave the Russian Federation. What should be in the resolution?
Your copy of the resolution in the case of an administrative offense, in addition to the information that was indicated in this document before, must contain information about the amount of the administrative fine that may be paid in accordance with Part 1.3 of Article 32.2 of the said Code (see the certificate with the text of Article 29.10 Administrative Code).
Let us remind you that the discounted fine in this case cannot be less than 250 rubles. If you are asked to sign a document that does not contain information about a possible discount, ask the inspector to correct this error.
And if he refuses, enter the following phrase into it: The resolution drawn up by the traffic police inspector contradicts the legislation of the Russian Federation, since it does not take into account the requirements of Article 32.2 of the Code of Administrative Offenses, which oblige the payment of an administrative fine in full no later than sixty days from the date the resolution on the imposition of an administrative fine becomes legal force, except for the case provided for in part 1.1 or 1.3 of this article, or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code. That is, there is no indication that the fine can be paid in the amount of half the amount of the imposed administrative fine no later than twenty days from the date of the decision. This leaflet is explanatory and informative in nature, prepared by the Ministry of Internal Affairs of North Ossetia - Alania, for citizens of the republic and will allow for timely payment of administrative fines in order to avoid more severe punishment.
Article 32.2. Execution of the decision to impose an administrative fine
ST 32.2 Code of Administrative Offenses of the Russian Federation
1. An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.
1.1. An administrative fine imposed on a foreign citizen or stateless person simultaneously with administrative deportation from the Russian Federation must be paid no later than the next day after the day the relevant resolution in the case of an administrative offense comes into force.
1.2. An administrative fine imposed for committing an administrative offense provided for in Articles 11.26, 11.29, 12.9, parts 6 and 7 of Article 12.16, Article 12.21.3 of this Code must be paid before the vehicle owned by a foreign carrier, in which the administrative offense was committed, leaves the territory Russian Federation, but no later than the period specified in part 1 of this article.
1.3. When an administrative fine is paid by a person held administratively liable for committing an administrative offense provided for in Chapter 12 of this Code, with the exception of administrative offenses provided for in Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of the Article 12.15, part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of this Code, no later than twenty days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine. If a copy of the decision on the imposition of an administrative fine, sent to a person held administratively liable by registered mail, was received at his address after the expiration of twenty days from the date of such decision, this period is subject to restoration by the judge, body, official, who made such a decision, at the request of a person held administratively liable. The decision to reject the said petition may be appealed in accordance with the rules established by Chapter 30 of this Code. If the execution of the decision to impose an administrative fine was delayed or spread out by the judge, body, or official who issued the decision, the administrative fine is paid in full.
1.4. An administrative fine imposed for committing an administrative offense provided for in Article 19.28 of this Code must be paid no later than seven days from the date the resolution imposing an administrative fine comes into force.
2. If a minor does not have independent income, an administrative fine is collected from his parents or other legal representatives.
3. The amount of an administrative fine is paid or transferred by a person held administratively liable to a credit organization, including with the involvement of a bank payment agent or a bank payment subagent operating in accordance with the Federal Law “On the National Payment System”, the organization of the federal postal service or a payment agent operating in accordance with Federal Law of June 3, 2009 N 103-FZ “On the activities of accepting payments from individuals carried out by payment agents.”
4. Invalid as of January 1, 2008.
5. In the absence of a document confirming the payment of an administrative fine, and information about the payment of an administrative fine in the State Information System on state and municipal payments after the expiration of the period specified in part 1, 1.1 or 1.4 of this article, the judge, body, official who issued resolution, prepare a second copy of the said resolution and send it within ten days, and in cases provided for in parts 1.1 and 1.4 of this article, within one day to the bailiff for execution in the manner prescribed by federal legislation. If a second copy of the resolution imposing an administrative fine is produced in the form of an electronic document, the legal force of which is confirmed by an enhanced qualified electronic signature in accordance with the legislation of the Russian Federation, the specified second copy is sent to the bailiff in electronic form via information and telecommunication networks. In addition, an official of a federal executive body, a structural unit or territorial body, or another state body that examined a case of an administrative offense, or an authorized person of a collegial body that examined a case of an administrative offense, draws up a protocol on the administrative offense provided for in Part 1 of Article 20.25 of this Code, in relation to a person who has not paid an administrative fine. A protocol on an administrative offense provided for in Part 1 of Article 20.25 of this Code in relation to a person who has not paid an administrative fine in an administrative offense case considered by a judge is drawn up by a bailiff. A protocol on an administrative offense provided for in Part 1 of Article 20.25 of this Code is not drawn up in the case specified in Note 1 to Article 20.25 of this Code.
6. Lost power.
7. Lost power.
8. A bank or other credit organization, a federal postal service organization, a payment agent engaged in accepting payments from individuals, or a bank payment agent (subagent) operating in accordance with the Federal Law “On the National Payment System”, which pays the amount of the administrative fine, are required to send information about the payment of an administrative fine to the State Information System on state and municipal payments in the manner and within the time frame provided for by Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services.”
Commentary to Art. 32.2 of the Code of Administrative Offenses of the Russian Federation
1. Execution of a decision on the imposition of an administrative fine consists of the need to pay it within a period not exceeding 60 days from the date the decision on the imposition of an administrative fine enters into legal force. Execution of a decision to impose an administrative fine by a person held accountable means that the amount of the fine is paid to a bank or other credit institution or to a payment agent accepting payments from individuals, or to a bank payment agent. The fact of execution of the decision is confirmed by a copy of the payment document issued to the person making the payment of the corresponding amount.
2. At the same time, the commented article notes that if a decision to impose an administrative fine is made in relation to a minor who does not have independent income, then a decision is made to collect the fine from his parents or other legal representatives.
3. Upon expiration of the specified 60-day period and there is no notification of payment of the document indicating payment of the fine, the decision is enforced. In this case, the relevant materials are sent by the judge, body, official who made the decision, to the bailiff.
4. The basic legislative act establishing the procedure for the activities of bailiffs is the Law on Enforcement Proceedings. We note that according to Art. 30 of the said Law, within three days from the date of receipt of the enforcement document, the bailiff issues a resolution to initiate enforcement proceedings. This resolution establishes a period for voluntary fulfillment of the requirements contained in the writ of execution, equal to five days from the date the debtor receives the decision to initiate this proceeding.
5. The legislation establishes the order of collection of an administrative fine. In accordance with Art. 111 of the Law on Enforcement Proceedings, administrative fines are among the requirements satisfied in the fourth (last) priority. In addition, you must follow the rules provided for in Art. Art. 99 and 101 of the said Law. It must be borne in mind that the employee must retain 50% of his earnings, regardless of how many executive documents are used to make deductions from wages and other income. Please note that there are types of income that cannot be levied. Thus, there are situations when an administrative fine cannot be withheld from the wages and other types of income of the offender.
6. A situation may arise in which an individual subject to an administrative fine does not work or the collection of the fine from his wages or other income is impossible. In this case, the resolution is executed by foreclosure on property owned by an individual in the manner prescribed by federal legislation. This procedure is regulated by the Law on Enforcement Proceedings. In Art. 69 of this Law establishes that foreclosure on the debtor’s property consists of its seizure and implementation by the debtor independently or forced sale. First of all, foreclosure is applied to the debtor's funds in rubles and foreign currency, including those held in banks and other credit institutions, by seizing and seizing the corresponding funds and valuables. If the funds necessary to satisfy the requirements contained in the writ of execution are not enough, then the foreclosure is applied to other property belonging to the debtor.
7. It should be separately said that administrative liability has been established for violation of the legislation on enforcement proceedings (see commentary to Article 17.14 of the Code of Administrative Offenses of the Russian Federation).
How to pay an administrative fine from the FAS
Grounds for paying a fine
Customers and procurement participants bear responsibility, including administrative responsibility, for non-compliance with legislation and other regulations of the contract system (Part 1 of Article 107 No. 44-FZ). After consideration of the case of such an offense and the necessary checks by the control body (FAS), an administrative fine is imposed. And the violator is faced with two questions: how much time is given to pay the administrative fine and how to fill out the payment form.
As an example, consider the Resolution on the imposition of a fine in case No. 220-гз/17. The document considers a case where the customer changed the essential terms of the contract, which relate to the payment procedure for the supplier’s work. From the content you can find out all the stages that preceded the imposition of an administrative fine:
- Conclusion of 4 contracts for cleaning areas based on the results of auctions.
- Conclusion of additional agreements to amend clause 8 of the contracts (procedure for payment for work).
- Prosecutor's inspection to ensure the customer's compliance with the provisions of No. 44-FZ.
- Initiation and consideration of an administrative violation case dated November 9, 2017 against an official of the customer.
- Receipt of written explanations from the defendant’s defense attorney with arguments about the latter’s lack of guilt.
- Recognizing the defense's arguments as untenable.
- Identification of violations by the customer of Part 2 of Art. 34 and part 1 art. 95 No. 44-FZ.
As a result, an administrative fine of 20,000 rubles was imposed. according to Part 4 of Art. 7.32 Code of Administrative Offenses of the Russian Federation. When assigning the amount, the circumstances of the case and the arguments of the customer’s representative were taken into account. There were no mitigating circumstances in the case that would have helped avoid an administrative fine.
When to pay
Here is how many days are given to pay the administrative fine:
- The violator has 10 days from the date of receipt of the decision to appeal the decision to impose a fine. After this period, the FAS decision comes into force and you will have to pay a fine in any case.
- From this moment on, the money in the amount of the fine must be transferred to the budget within 60 days. This period is established by Part 1 of Art. 32.2 Code of Administrative Offences.
If the fine is provided for by installments or deferment, then it must be paid no later than 60 days after the expiration of their period (Article 31.5 of the Administrative Code). That is, you won’t be able to avoid paying your administrative fine for a year or two with impunity: there is liability for this.
After paying the fine, the payer must provide the control authority with a document confirming the fact of the transfer of money.
Download the Decree
It is on the basis of this FAS Resolution that fines for administrative offenses in the field of public procurement are paid.
Where to get payment details
At the end of the Resolution, they must also indicate the details to which money should be transferred towards the administrative fine. You will need to indicate:
- name of the recipient (for example, Novgorod Department of the Federal Antimonopoly Service of Russia);
- TIN and checkpoint;
- personal account (if necessary);
- budget classification code (KBK);
- OKTMO;
- the name and city of the bank to which the administrative fine will be received;
- BIC;
- checking account.
The purpose of payment for the fine must also be specified in the form of a supporting document (FAS Resolution with number and date).
How to pay through Sberbank online
One of the most convenient ways to pay off debts to the Federal Antimonopoly Service, so as not to miss the deadline for paying an administrative fine. Here everything is done literally on the go, and you don’t need to delve into details for a long time to understand the algorithm. And then you will be able to make payments without hesitation. Be sure to double-check all entered data: whether everything is written correctly, whether numbers are missing.
To make a payment using this method, you need to:
- have a Sberbank plastic card;
- install the Sberbank Online application on your smartphone or go to the bank’s website;
- have a receipt in hand;
- Instead of a ticket, a copy of the punishment protocol will do.
Once you are sure that you have all this, you can begin to pay the administrative fine. There are several ways here. Let's look at one of them step by step.
Step 1. Register or log into your personal account.
Step 2. Find in the menu in the gray field at the very bottom of the screen the item called “Payments”.
Step 3. Check the sub-item “State traffic police, taxes, duties, budget payments”.
Step 4. Find the fine that needs to be paid off.
Step 5. Fill in all the necessary details using the prompts.
Step 6. Now it’s time to check your data entry.
Step 7. If everything is correct, it’s time to pay the fine and complete the transaction.
There is a simpler method, especially for those who always have their documents at hand. They can do it differently: you can find your fine using your personal tax identification number. For this method you will need:
- log in;
- go to the “Payments” section;
- at the top of the screen in the gray search field, enter your TIN;
- Unpaid fines that were issued to you will appear, then, in the same way as in the previous instructions, fill out the fields and make payment.
Additionally, Sberbank Online provides the opportunity to pay a fine through “Government Services”. This is done like this:
- after authorization, go to the “Payments” section;
- then select the item “Staff Police, taxes, duties, budget payments”;
- then you will see a list, and the first line will be the “Public Services” item. Choose it;
- you will be given a choice: you will be asked to enter the receipt number for an administrative fine or check for fines using the government services portal.
Paying fines through the app takes 5 minutes and is free. That is, no commission is charged.
How to pay through the State Services website
Government services also do not charge any fees for paying a fine online.
Step 1. Registration on the site. You will need to prepare your passport, SNILS, remember your email address and contact phone number.
Step 2. If you have already registered on the site, you just need to log into your personal account.
Step 3. At the top of the screen, find the “Payment” button, click on it, and then click on the “Pay by receipt number” button. You can do this: on the right side of the screen, find the “Payment by receipt” button, it is located in the blue field.
Step 4. In the empty field, enter the number from the fine receipt, if necessary, fill in all the necessary fields (the system provides hints automatically, you cannot miss anything).
Step 5. Pay your administrative fine.
To pay fines, you can use a bank card or electronic wallet.
You can pay the receipt through “State Services” by logging not into the website or application, but through Sberbank Online. This doesn’t make much sense if you have both applications installed, but paying through Sberbank will be somewhat easier.
How to pay a fine through the terminal
Another way to pay the fine is at a terminal or ATM. This method has its advantages, for example, you will not need the Internet, you will not need to go to a bank branch and fill out a payment form for a fine. But there is also a minus, and a significant one: a commission is charged for paying through an ATM. Therefore, you will only need to take a plastic card or cash with you, taking into account the fact that you will have to pay more than what is written on the fine receipt.
The procedure is as follows:
- Insert your card and enter your PIN.
- In the menu that appears, find the item “Payment of taxes, duties, traffic police, budget payments.”
- Find and select the type of fine you need.
- Enter the details (this is done on the receipt, and it is better to double-check all the information).
- Manually enter the amount of the administrative fine.
- Check again that the data has been entered correctly and click on the confirmation button.
- Take a receipt that will confirm payment of the fine. Don't lose or throw it away.
The commission will be 2% of the payment amount. For comparison, if you deposit the entire amount of an administrative fine at the bank’s cash desk, the commission will be about 40-50 rubles for each paid receipt. You have the right to choose a more profitable option.
How to fill out a payment order
The payment document must be filled out in accordance with the details specified in the FAS Resolution.