Deadline for issuing a decision on an administrative offense by the State Traffic Safety Inspectorate

Deadlines for issuing a decision on an administrative offense: real-life situations

Most people, of course, have heard of such a concept as a statute of limitations.

It also applies to decisions on administrative offenses.

Its meaning lies in the possibility of bringing to responsibility.

According to the law, this period is two months.

That is, if a person, for example, violated traffic rules (traffic rules), he can be held accountable only within two months from the moment the crime was committed. The current article will explain all the important points regarding the timing of issuing a decision on an administrative offense.

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Deadlines for submitting the protocol

The first thing that authorized persons do when violations are detected is to write out a protocol, which the violator of the law must familiarize himself with. It is issued in two copies.

One of which is given to the violator of the order, the second remains with the authorized person. Usually the protocol is filled out immediately at the scene of the violation.

If you need to find out information about the offender, this document can be presented within 2 days from the moment the unlawful act was committed. Sometimes, when violations occur, an investigation should be carried out.

And it can take several days, in some cases even weeks. When an investigation into an administrative violation is carried out, the deadlines for drawing up a protocol are determined by Art. 28. 5 Code of Administrative Offenses of the Russian Federation.

The maximum time for processing a document, even taking into account the fact of the investigation, cannot be more than 1 month. In some cases, at the personal request of the official, this period is extended:

Written permission from authorized persons of the authority in charge of which the case is pending. Then, the time for submitting the protocol can be increased only by 1 month.

Documentary permission from the head of a higher authority. If the violation resulted in harm to human health, it can be extended for a maximum of six months. Such deadlines are associated with possible legal proceedings.

When the investigation is completed, a corresponding protocol is drawn up or a decision is made to terminate the case related to the violation.

If the violator does not agree with him, as a result, we should expect legal proceedings.

Then the document is sent to a judge or other body authorized to consider such cases within three days. Typically, proceedings are scheduled at the place of residence of the guilty person.

What is a traffic violation resolution and who draws it up?

The time specified by law is allotted for making a decision on the protocol.

That is, the period during which a person can be held accountable with the help of authorized organizations.

The time limit for issuing a decision on an administrative violation of traffic rules is set at two months.

Let's say a person violated traffic rules. The inspector immediately stops him and issues a fine, which must be paid within 60 days.

Not all motorists are in a hurry to pay the fine right away. Often the case comes to court, then, based on the decision, the bailiffs collect the debt from the violators.

After the decision is made, the person is given 10 days to appeal it. Only after its expiration the document comes into force and is sent for execution to the bailiff service.

The legislation establishes a deadline for issuing a decision based on the protocol. It is two months. When a case comes to trial and is decided by a judge, a period of three months is allowed.

A person accused of an offense has the right to choose the court to consider the case. If you have to file a petition to transfer the case to another court, the statute of limitations is suspended.

The issuance of a resolution is not the final stage of debt collection or other liability. To do this, the document must be handed over to the bailiffs, who are obliged to put it into effect before a certain time.

If a ruling is made by the court, but not entered into proceedings within two years, it can be considered automatically annulled.

Is it possible to appeal the decision?

Nowadays, quite often you can encounter unfair decisions by authorities.

As a result, you have to pay fines or be subject to other types of liability.

Sometimes it is difficult to agree with the arguments of specialists from higher institutions, and you have to pay for minor mistakes.

When the Federal Antimonopoly Service (FAS) is involved in the case, penalties can range from thousands to hundreds of millions of rubles. Large fines are imposed on legal entities. Their amount depends on the value of your own assets.

When the defendant receives a ruling, he is forced to pay a fine. Not all people know that it is possible to appeal such a document. The legislation provides time for this procedure. It is ten days.

Only if a person has decided to appeal the decision, it is necessary to prepare very carefully for the meeting. To do this, you need to obtain documentary evidence that you are right, and the help of a lawyer will not hurt here.

The time frame for issuing a decision on an administrative offense by the FAS does not differ from the usual time frame. Like any other document, it can be appealed. Thus, proving his innocence.

It is possible to file a complaint against the decision. It must be presented within ten days, according to Article 30.3 of the Administrative Code.

The period is counted from the day the decision is made. Such a complaint is submitted to the judicial or other authorized organization that approved the decision.

When the appeal procedure takes place in court, the validity of the resolution is suspended until the time it comes into force. Therefore, you should carefully prepare to protect your interests, and it is better to enlist the support of a legally competent person.

The time it takes to consider a complaint against a decision depends on the authority to which it is filed. If you go to court, it can even reach two months.

Important moments and situations from life

Let's look at common cases that occur in practice:

Suppose the notice of a scheduled court hearing arrived late. Then the decision can be canceled, and the court will schedule another hearing. As confirmation, you will have to bring documentary evidence of your innocence to the judge. For example, at the post office you can take a document with a mark on the actual date of receipt of the notice.
If the notice was not received at all, it is almost impossible to prove this fact. But the decision can then be appealed through a higher court.
Let's say a traffic police inspector issued a notice. According to the specified data, there was no case at the site, and after some time an already approved resolution arrived. Then the case is also subject to reconsideration. Even if two months have already passed, an appeal can be made to a higher court.

Important! The traffic police inspector has the authority to serve a notice. However, they are not immune from mistakes. Many of them issue this document in a non-jurisdictional area.

The place of consideration of the case on administrative violations is chosen by the defendant. It could be:

in the locality where the violation occurred
at the place of permanent registration
in the city of property registration

If a person has chosen the court at his own discretion, he cannot be refused.

An important feature regarding the statute of limitations is the following fact. The inspector usually issues a notice to the violator's permanent registration area.

If the defendant writes a petition to transfer the case to another court, the two-month period established by law is suspended and the countdown of time continues only after its arrival at the destination.

When a person does not agree with the place of consideration of the case and submits a petition at the place of registration of the vehicle, this period is not interrupted. Even if it coincides with the place of permanent registration.

In this case, it does not matter how long it takes to send the documentation. If they fail to reach their destination within two months, the case will simply be closed.

From the above-mentioned practice, it becomes clear that knowledge of the law will help build the correct protection of rights.

In the video, a car lawyer explains how to appeal a decision on an administrative violation:

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Fine for violating traffic rules from a video camera

Nowadays, almost all violations related to the field of road legal relations are recorded by a huge number of video recording cameras. Thanks to the fact that control functions have been continuously improved over a long period of time, the camera now records a whole range of violations - from speeding on the road and changing lanes to crossing a solid line and improper parking.

How long does it take to issue a decision on a traffic violation from a camera?

A video recording camera is currently the most optimal type of crime detection. If a violation of traffic rules is recorded by a video recording camera, the person receives the fine received, according to the law, by registered mail from one to seven days from the date of announcement of the decision. The time for consideration of an administrative offense is provided for in Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation . The decision itself on violation of traffic rules is made on the basis of a prosecutor’s decision or on the basis of a protocol.

How long does it take for a fine to appear in the traffic police database?

An administrative fine by the traffic police is a monetary penalty imposed on a citizen for violating traffic rules. Such a measure of liability is legislatively reflected in the Code of the Russian Federation on Administrative Offenses.

If the driver believes that he has neglected the traffic rules, the database of the State Road Safety Inspectorate provides the opportunity on its official website to check whether there is a fine from the camera for any violation and whether it is entered into his data storage. The fine is entered into the database within a period not exceeding two to three days from the moment of registration of the traffic violation. The fine itself is written off in the name of the driver of the car, without taking into account whether the owner of the car was driving when the violation was registered or not.

To find out whether the traffic police camera recorded the violation of the driver of a certain car or not, you need to go to a special service and indicate the number of your car. This function is available online. Drivers may also provide a driver's license for this purpose. The service is absolutely free and does not require any financial investment. The inspectorate database collects and compiles all offenses for the last two years, the rest are erased due to the expiration of the statute of limitations. Absolutely all offenses recorded on the territory of the Russian Federation are taken into account. Data for foreign cars is not available via the Internet.

Car owners are advised to pay the fine received for violating traffic rules no earlier than three and no later than sixteen days from the date of recognition of the offense. This advice is based on the fact that a fine paid too early will be taken into account by an unidentified robot, and if it is paid too late, it will be overdue, since failures in the system are a completely existing feature of the traffic police database. After the deadline, you should expect to receive a receipt to pay the fine.

How to check if there is a fine from the camera?

Ways to check for fines from a video camera:

a letter sent to you for violating traffic rules;
a service for checking fines, which takes into account every stationary camera in the region;
the traffic police website, on which each fine is indicated, if three days have passed since it was issued.

Additional advice that can be given to car drivers is to visit the base more often and ensure that there are no fines or violations on their part, since a modern camera can recognize a violation of any complexity.

Appeal procedure

To appeal a fine from a video recording camera issued by a traffic police officer, you should contact the district court at the location of the traffic police department, or a higher official. If you choose the option of appealing the fine within the inspection structure itself, then within ten days from the date of delivery of a copy of the decision, you should write a complaint and send it to the head of the inspector who considered the administrative case.

An appeal is possible in court if the person making the complaint believes that errors were made during recording. This case assumes the same terms as in the option described above. There are two options for filing a complaint - transferring the document to the reception window of the court office or sending an appeal by mail.

Liability for failure to pay a fine

The consequences of not repaying the fine on time are as follows:

bringing the driver to administrative responsibility, that is, the fine must be paid twice as much (it is worth noting that the amount should not exceed 1000 rubles);
compulsory work for up to 50 hours;
arrest for up to 15 days.

Sanctions for amateur offenders are applied by employees of control authorities in case of failure to pay the fine without delay. Failure to pay implies prosecution, in this case administrative.

In conclusion, it is worth noting that for the car owner himself, paying fines for traffic violations is a mandatory procedure. Recently, the traffic inspectorate has been deliberately tightening measures against violators, as a result of which every driver should be aware of the importance of a timely paid receipt. Consequently, in order to avoid problems with the law and the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia, the driver must impeccably fulfill his civic duty of knowing error-free behavior on the road and its execution.

Resolution of the traffic police and the procedure for appealing a court decision

The basis for prosecution for violation of traffic rules on the roads is a resolution. It is issued after drawing up a protocol on the violation, or without it. But the law establishes clear regulations for drawing up and issuing a resolution on an administrative offense in case of violation of traffic rules.

Rules for drawing up a resolution

A decision to bring a person to administrative responsibility is an administrative act of a traffic police official or a judge, on the basis of which an individual receives an administrative punishment.

Due to the fact that this act has a mandatory administrative function and imposes liability on the person, the Code of Administrative Violations (COAP) provides clear rules for the execution and drafting of a resolution, violation of which entails its cancellation and the recognition of the person not guilty of committing an offense .

According to the norms of the Code of Administrative Offenses, the following officials have the authority to issue such administrative acts (decisions):

traffic police officers, if fines and warnings are provided for violations;
judges, if the violation is subject to sanctions such as fines, deprivation of rights, restriction of freedom in the form of administrative arrest or correctional labor.

Peculiarities of issuing a decision by traffic police officers

The issuance of a traffic police resolution is regulated by the norms of Article 29.10 of the Code of Administrative Offenses, on the basis of which this administrative act is issued according to the following algorithm.

The traffic police officer authorized to make such decisions must carefully read the collected materials.
Based on their analysis (this is done based on the law and internal convictions), he must make a decision or close the proceedings.
If a decision is made, the employee must determine the amount of the fine, issue a warning, comply with the form of this administrative act and notify the driver (traffic violation violator) about it.

It must be remembered that a decision made by a traffic police officer gains legal force within 10 days from the date of its preparation, if the motorist has not exercised his right to appeal it to a court or a higher authority.

Who has the right to draw up this document in the traffic police

One of the grounds for canceling the above administrative act is that it was drawn up by a person who does not have legal grounds for it.

The Code of Administrative Offenses and the departmental instructions of the Ministry of Internal Affairs clearly regulate the list of employees who have the right to draw up a traffic police resolution:

the head (head) of the regional, regional, district office of the traffic police, as well as the person who is his deputy;
the head of a special center for automated recording of traffic violations (when recording occurs on the basis of photo and video recording by special cameras installed on the road), as well as a person holding the position of his deputy, that is, in this case a resolution is written without drawing up a protocol (Article 20.21 of the Code of Administrative Offenses);
a person who is the commander of a separate inspection regiment, his deputy, if the materials were collected by their subordinates;
traffic police officers who have been assigned special officer ranks and have positions that give them the right to draw up a protocol and resolution on traffic violations on the spot;
in rural and remote areas, local police inspectors can also draw up administrative protocols and resolutions.

Other officials do not have the legal right to make a decision without drawing up a protocol or writing it.

Features of drawing up a resolution without a protocol

Since the introduction of new norms in the Code of Administrative Offenses, road inspectors have the right to draw up a resolution without a protocol. This is recorded in the provisions of Article 20.21 of the Code of Administrative Offenses.

It gives the right to record violations of road rules using special cameras that must be installed on the roads. At the same time, in the places where they are installed there must be special road signs warning of their presence.

As stated above, the decision of Art. 20.21 Code of Administrative Offenses of the Russian Federation, occurs without drawing up a protocol, by the head or his deputy of the traffic police information center.

In this situation, the motorist is sent by mail a photo of his car with reference to the location of the violation, as well as a drafted resolution. It comes into force 10 days from the moment it is received by the violator, unless appealed in accordance with the procedure established by law.

You need to know that if the place where the camera is installed to record a violation is not equipped with a special sign indicating its presence, then issuing a decision without drawing up a protocol of Article 20.21 of the Code of Administrative Offenses of the Russian Federation may be declared illegal in court.

Rules for making a court ruling

As stated above, if an offense provides for such punishment as deprivation of a driver’s license, administrative arrest, special community service, then the right to consider such cases belongs to the court.

The procedure for drawing up a ruling by the court is, in principle, no different from the rules established by the traffic police.

But the process of appealing this administrative act is different. It can be submitted to an appeal, cassation courts, or, due to newly discovered circumstances, to a district court.

Newly discovered circumstances mean such legal facts that existed at the time the case was considered and the decision was made, but were not known to the court and the offender due to circumstances beyond their control. For example, the said witness did not provide his personal information, and this became known after the consideration of the case.

Terms of consideration

The rules of the Code of Administrative Offenses also clearly establish the deadlines for issuing a decision on an administrative offense by the traffic police and the court. They differ significantly from each other, and if the time frame is not met, the judge or traffic police officer must terminate the administrative case (close it), declaring the driver not guilty of committing a traffic violation, without imposing administrative sanctions.

For judicial instances, the Code of Administrative Offenses sets a period of three months. It begins to be calculated from the moment the protocol is drawn up (its date), and ends at 00.00 the next day. That is, if the document was drawn up on March 3, 2018, then 00.00 hours on June 4, 2018.

The period for drawing up an administrative resolution by traffic police officers is two calendar months from the date of filling out the protocol (recording a traffic violation) by an inspector.

The algorithm for calculating its end is similar to that for the courts (an example is given above).

It must be remembered that the norms of the current legislation directly prohibit the drawing up of a protocol after a decision has been made to bring to administrative responsibility. Therefore, if such a violation is detected, the body authorized to hold the driver accountable must issue a decision to close the administrative case and declare the driver not guilty.

Drawing up a resolution

Today, the traffic police and the courts have approved a unified form for drawing up a resolution, and the information that should be contained in it is specified in Article 29.10 of the Code of Administrative Offenses.

Based on the norms of Article 29.10 of the Code of Administrative Offenses, this document should contain the following information:

the name of the position of the person who compiled it (for example, a traffic police inspector, a judge of such and such a district court), personal data;
date and locality where it was issued;
full personal data of the citizen in respect of whom it was drawn up;
what factual circumstances were clarified during the study of the collected materials of administrative proceedings;
a link to the current article of the Code of Administrative Offenses, which regulates the offense committed by a motorist;
a link to the articles of the Code of Administrative Offenses, which regulate the procedure for drawing up a resolution;
a reasoned decision based on the results of the review (for example, a fine in such and such an amount);
the procedure and deadlines for appealing (for example, a decision can be appealed within 10 days to such and such a body).

In addition, the rules for drawing up a resolution and the norms of the Code of Administrative Offenses oblige the official making the decision to take into account the following legal facts that must be displayed:

facts about the possibility of terminating an administrative case without bringing a person to justice;
extenuating circumstances;
aggravating circumstances.

Termination of administrative case

If the absence of an offense has been established, that is, there is no rule of law for violation of which an administrative penalty can be imposed on a person.
The corpus delicti of the offense itself is missing. Guilty intent and other legal circumstances have not been established (for example, the person has not reached the age at which he can be held accountable).
If a person’s actions bore signs of a violation, but they were aimed at protecting himself, his family members, or public interests. At the same time, the citizen could not have acted differently. For example, a driver saw a pedestrian running across in an unspecified place, and in order to prevent a collision with him, he began to maneuver and violated traffic rules.
If at the time of consideration of the case an amnesty law was passed, exempting from liability for committing this offense.
If at the time of consideration of the offense the person who committed it suddenly died.
If the provisions of the law regulating the punishment for a specific traffic violation have been repealed.
When the statute of limitations for prosecution expires. As stated above, according to decisions of the traffic police, two months from the date of drawing up the protocol or video recording, according to judicial review, 3 months.
If an administrative case has already been opened against the violator regarding this violation, and it is already being considered in accordance with the Code of Administrative Offenses.

It must be remembered that the norms of the Code of Administrative Offenses also contain information that other circumstances may be grounds for termination. But due to the fact that their interpretation is not given, these norms are not applied in practice.

Extenuating circumstances

The rules of the Code of Administrative Offenses stipulate that when determining punishment, officials are obliged to take into account mitigating circumstances, which include the following legal facts:

full admission of guilt and repentance of the person who committed the offense;
voluntary reporting of a violation to law enforcement agencies (the driver himself reported the traffic violation to the inspector);
if the motorist will assist officials in every possible way to quickly consider the case against him;
voluntary compensation by the violator for material and moral damage, elimination by him of other harmful consequences of the violation (for example, restoration of a road fence that was damaged as a result of an accident by the culprit);
if the offense was committed by a minor, by a woman who is pregnant;
if the violation occurred in a state of strong emotional disturbance (this fact can only be established by a psychological examination).

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Aggravating circumstances

Now let's look at what circumstances are considered aggravating, and if they are established, the offender can expect a maximum fine or other sanction.

Continued violation of traffic rules (for example, failure to stop the car at the request of the traffic police officer who detected the violation).
If the driver repeatedly violates traffic rules.
If the driver is under the influence of alcohol, toxic or drugs.
If a minor is involved in the violation (for example, transferring control of a car to such a person).
When a violation of traffic rules occurs during the introduction of an emergency regime (disaster, man-made disaster, flood and other unfavorable factors).

It must be remembered that the list of aggravating and mitigating circumstances is clearly stipulated in the norms of the Code of Administrative Offenses, and when making a decision, the official is obliged to indicate them. If this is not done, the decision to prosecute can be canceled.

The procedure for drawing up decisions on the imposition of fines and other penalties for violation of traffic rules is clearly regulated by the norms of the Code of Administrative Offenses. If it is violated, then the driver has all legal grounds to appeal.

When does a fine appear in the traffic police database?

The topic of fines for violating traffic rules is of interest to most car owners. This is due to the fact that often notifications with penalties are received at the wrong time.

The publication discusses the procedure and timing for entering a fine into the database of the State Road Safety Inspectorate, as well as methods for monitoring its occurrence. In addition, step-by-step instructions are provided for checking the accrual of fines for violating established traffic rules.

How long does it take for a fine to appear in the traffic police database?

In accordance with the provisions of Article 29.6 of the Code of the Russian Federation on Administrative Offences, 15 working days are allotted for considering a violation of traffic rules and issuing a decision.

When considering the materials of the case on the imposition of a fine in court, the period is increased to two months. Subject to consideration:

video recording of the period when the offense itself occurs;
photographs of the moment of the offense;
a protocol indicating that a violation has been recorded.

Attention

After the decision to impose a penalty is made, the fine must be reflected in the traffic police database within three days.

There are no official regulations on specific deadlines for entering information about accrued fines into the state traffic police database. Often, information about the violation and the application of penalties is entered the next day. Therefore, it is recommended to periodically check the accrual of fines.

The procedure for entering a fine into the traffic police database

The main source of information on accrued penalties for traffic violations is the State Information System on State and Municipal Payments. The operator of this system is the Federal Treasury.

How does information get to the Treasury? After a violation has been committed, an authorized employee issues a resolution. Then the fine data reflected in the resolution is entered into the traffic police database. The information contained in the local data warehouse is then synchronized with federal data. The latter, in turn, transmit information to the Treasury.

In addition, traffic police fines stored in the general system have an expiration date. This period takes two years. At the end of this period of time, the penalty is written off and the fine must be removed from the traffic police database. This provision is established by Article 31.5 of the Code of the Russian Federation on Administrative Offences. However, in practice this happens quite rarely.

Options for checking the appearance of fines in the traffic police database

There are several ways to control the accrual of fines in the traffic police database:

official website of the traffic police;
State Services portal (official website and mobile application);
automobile website Autocode;
Yandex.money service;
Yandex.fines application;
Sberbank online personal account (Internet banking and mobile application);
official website of Tinkoff Bank (Internet banking and mobile application).

So, today there are many ways to check the accrual of fines in the traffic police database for violating traffic rules. In addition, you can use them for free at any convenient time and in any convenient place (at home, at work, on the street in a cafe, etc.). The verification procedure will not take much time. Which of the presented options to choose is decided by the driver himself based on his preferences and convenience.

The State Traffic Inspectorate nevertheless warns motorists against using unofficial Internet sites that provide services for checking and paying fines for traffic violations, and recommends using only official resources.

However, please note that Internet services are subject to technical glitches. Therefore, to clarify information, you can use several methods or clarify information by phone.

You can check the appearance of a fine in the traffic police database: by the license plate number of the car and the number of the vehicle registration certificate, by the driver’s license number, by the resolution number.

Some services offer SMS notifications about the appearance of a fine in the traffic police database. Their essence lies in the fact that when a fine is assessed against an established vehicle, the system will automatically inform the person who submitted the request for such information. The letter can also be sent to an email address. This service helps drivers detect the accrual of fines in a timely manner and make payments in a short time.

Step-by-step instructions for checking a fine on the traffic police website

The check is carried out without reference to a specific car owner. To carry it out, information about the license plate number and registration certificate number of the car is required.

To check the accrual of a fine on the traffic police website, you should follow the following instructions:

Go to the official website https://gibdd.rf.
Select the “Services” section.
Select the “Check fines” subsection.
Enter the number of the state registration plate and vehicle registration certificate.
Click on the “Request Verification” button.
Enter the numbers shown in the picture.
Wait for the test results.

If the owner of the car enters false information, the traffic police system will generate an error.

To resend the request, you must click on the “Clear form” line.

There you can also check the presence of fines in the traffic police database for owners of cars with a foreign registration number. To do this, click on the “foreign license plate” line.

Then you will need to enter the foreign registration plate and click on the “request verification” button.

As a result, basic information about offenses related to the use of the vehicle being checked is displayed: date of commission, article of the Code of the Russian Federation on Administrative Offenses, traffic police department, date and number of the resolution, amount of the fine. The system displays only unpaid fines; payments that have already been made are not included in the query results.

Information about the payment made can be displayed only when the financial organization through which the payment was made did not transmit information to the State Information System on state and municipal payments or the data was transmitted incorrectly.

There on the website you can send a receipt for payment (if available), pay online or print a receipt. A receipt for payment of a fine to the traffic police should be sent only if the citizen paid the administrative fine more than seven days ago.

What to do if the fine is not in the traffic police database?

If the fine does not appear in the traffic police database, but a resolution to collect it has arrived, you need to figure it out.

One of the reasons may be the duration of data transfer. This system is multi-stage and includes the transfer of information from territorial traffic police departments to federal ones, and then to the Treasury. In this case, you need to wait until the collection measures are reflected in a single repository.

If the car owner has the decree in hand, you can fill out the receipt yourself and make the payment. Payment details should be taken from the resolution. The absence of a fine in the traffic police database is not grounds for non-payment. Since the system is not perfect, technical failures may occur.

You can also solve the problem by calling your local inspection office and asking for the information you need.

If the fine has been paid, but it continues to remain in the system as unpaid, it is recommended that you print out the receipt and contact the territorial inspection department with it. This can be done during a personal visit or online.

If the traffic police fine has been paid, but a letter has been received from the bailiffs, you must contact them. There is no point in delaying this, since bailiffs have the authority to double the amount of the fine for late payment. To resolve the issue, you can apply either in person or using an online application. When applying in person, you will need to provide an authorized employee with a copy of the receipt for payment of the fine.

You can appeal the accrual of penalties in the manner prescribed by the provisions of the Code of the Russian Federation on Administrative Offenses.

Validity period of the traffic police fine

Over the past 20 years, the state has been actively fighting for order on the roads, improving which ensures the safety of motorists and pedestrians. However, despite all attempts, traffic offenses are detected in huge numbers, although their number decreased significantly in 2018 compared to the same period last year.

The largest number of violations are associated with minor illegal acts of drivers, pedestrians and passengers, ranging from ticketless travel on public transport, lack of insurance and jaywalking to running a red light or speeding up to 40 km/h. These types of violations are easily recorded on camera and do not require special evidence of the driver’s guilt, which makes it possible to create a resolution on the imposition of administrative penalties remotely, without the participation of the driver, and either hand it over to him personally or send it by mail to the official registration address.

Drawing up a resolution to impose a penalty.

In the event that traffic police officers record a more serious offense, in which, by law, they can not only fine the motorist, but also deprive the driver of a driver’s license or prohibit further operation of the vehicle, a protocol of the established form is required. The same procedure is necessary in the event of an accident, the driver disagrees with the charge, or the need to conduct additional examinations on administrative records before imposing a sentence.

Timing for drawing up the protocol

Like any other legal document, the protocol has deadlines for its preparation:

Thus, in most cases of detection of violations, the document is drawn up in the same place at the same moment in the presence of a representative of the law, the violator, the affected persons and witnesses in the case.
In cases where there is a need for additional evidence and evidence in the case (deciphering the registrar’s recording, interrogating witnesses and other involved persons), 2 working days are allotted for drawing up a protocol.
If the case turns out to be complex, and the above measures are insufficient to determine the guilt of the offender and assign him one or another type of punishment in accordance with the Code of Administrative Offenses, laboratory examinations and other examinations of the facts in the case are carried out, and the period for drawing up the contract is extended for the period specified in Article 28.7 Code, but not more than six months.

Important! Regardless of the timing of drawing up the protocol, a person accused of violating traffic rules is not considered exempt from administrative liability.

Jumping in the wrong place.

Validity period of the protocol on administrative offense

The Code of Administrative Offenses of the Russian Federation has two different concepts of an administrative offense, the statute of limitations for which also differ significantly:

In the first case, if protocols for traffic violations are being reviewed, a decision to impose penalties or another type of administrative punishment must be made no later than 2 months after the discovery of the offense and no later than 3 months when the case is considered by a magistrate.
In the second case, a violation of the legislation of the Russian Federation in terms of violation of road safety is considered (driving while intoxicated, drunk driving, refusal of examination and other serious administrative offenses). According to them, the statute of limitations for the administrative protocol is 1 year.

Thus, after a minimum of two months, and a maximum of one year, issuing a resolution to pay a fine becomes impossible. However, if the resolution has been issued, then the protocol is considered to have entered into legal force, however, there is no hope for this today, since law enforcement agencies are trying not to delay the decision and issuing a fine.[/alert

The procedure for setting deadlines after the issuance of a resolution on administrative offenses

The procedure for drawing up and considering a protocol is prescribed by law in various stages, each of which has its own statute of limitations for administrative offenses of the traffic police:

When considered by an authorized traffic police officer, a resolution to pay a fine or impose another type of penalty must be drawn up within 15 working days from the date of drawing up the protocol.
When the case is considered by a judge, the period increases to two months.
If there are various types of petitions from various defendants in the case, the period for consideration of it in court may be extended by decision of the judge for a period not exceeding one month.
After issuing a ruling on a violation, each party to the process is given 10 days to appeal it.

Note! Thus, the maximum period for issuing a decision in a case is 3 months and 10 days if various factors arise that provide a deferment of the decision, after which the decision is not enforceable.

Alcohol test

Validity period of the decision imposing a fine

Any resolution imposing liability for traffic violations has a limited statute of limitations for an administrative fine. As a rule, it is limited to two years, after which it expires and the fine is no longer payable. However, any violator should remember that the period during which it is necessary to pay a fine according to a decision made on the basis of a protocol on an administrative offense or a court decision must be paid within 60 days.

After this period, all cases are automatically transferred to the court, on the basis of which a decision is made to collect the debt. A writ of execution is drawn up, which causes the initiation of enforcement proceedings.

The remaining period of legal validity of the order to pay the fine will be under the strict control of bailiffs, who can apply any restrictions or disciplinary sanctions provided for by law from the violator.

From this time on, the violator becomes a debtor in court, and FSSP employees can impose on him an enforcement fee of 7%, but not less than 500 rubles, depending on the exact amount. Bailiffs can restrict movement abroad, double the fine, send you to correctional labor, put you under arrest for 15 days, and even initiate a criminal case if there is evidence of malicious evasion of debt. Moreover, any accidental contact of the debtor with a representative of law enforcement agencies may result in arrest, after which the period will automatically start again.

Another interesting limitation is the ability of the bailiff to impose a ban on registration of a car until the fines are fully paid. The same restriction applies to drivers who have been deprived of their license for some time for serious offenses, such as driving into the oncoming lane or drinking alcohol while driving, when after the period of deprivation he wants to get the license back, but is unable to do so do. These actions are only possible upon payment of the imposed administrative penalties.

Resolution on imposition of penalty.

Also, since 2017, the powers of bailiffs have included the restriction of the validity of a driver’s license, which during any check at a traffic police post can again end disastrously for the driver, as for a person not allowed to drive vehicles, even if he was not aware of such a measure restrictions passed against him.

So, the legal validity period of a traffic police fine without any problems arising after drawing up and receiving the resolution in hand is 80 days, of which, regardless of whether the culprit files a complaint or not, 10 days; in any case, by law, all executive authorities are obliged to wait. Next, the offender is given the standard 60 days and another 10 days are given to FSSP employees to prepare a writ of execution and initiate enforcement proceedings.

After this, the fine passes from an administrative offense to the result of a court decision. This condition is stated in Article 31.9 of the Code of Administrative Offences.

Validity of fines based on the results of photo recording on the roads

Many drivers want to know how long the traffic police fine is for committing violations under cameras when they receive a letter in the mail containing a decision to impose a penalty. This document is issued by an authorized person - a traffic police officer without drawing up a protocol no later than 2 months after the commission of an illegal act, and after receiving it in hand or finding it in the traffic police database, the violator has 10 days to appeal it, after which the decision must be satisfied , or rejected.

If the driver admits guilt, that is, assumes obligations to pay a fine, the deadlines for execution of the document are the same as when a decision is made by a court decision or on the basis of a protocol on an administrative offense.

Note! With this method of identifying offenses, no additional disciplinary measures in the form of arrest or correctional labor will be imposed on the violator. All that the bailiffs will require from the defaulter is payment of 100% of the fine and the enforcement fee.

Joint raid of bailiffs and traffic police.

In some cases, if there are various kinds of bureaucratic delays, the letter may reach the addressee later than 2 months after the offense was committed. In such cases, there is no need to pay a fine and the following steps must be taken:

Accurately check the dates of the violation and receipt of the letter, and if necessary, obtain a paper signed by the responsible person at the post office.
Check the traffic police database by entering the decree number and information about the owner of the car, or the state number and VIN, to see if this fine is in the electronic catalogue.
If the fine is in the database, it means that no one has officially removed the obligation to pay from the driver and it is necessary to contact the territorial department of the State Traffic Safety Inspectorate with an application to complete the administrative paperwork in connection with the expiration of the statute of limitations for the fine.
If you receive a refusal, you must request it in writing from the traffic police officers and file a statement of claim with the district magistrate court, attaching a certificate from the post office to the application.
Based on the results of the analysis of the application, a court hearing will be scheduled, as a result of which the administrative case should be closed, and after some time the fine will disappear from the database.

But, unfortunately, this process often requires a large amount of time and material resources, sometimes exceeding the amount of the fine imposed, and drivers, for the sake of confidence in the future, consider it an easier way to pay this fine, regardless of their legal right to invalidate the fine.

Why are traffic police fines reset?

In 2017, the number of cars registered in Russia exceeded the 50 million barrier. This means that almost every third citizen is a car owner. On average, each car owner is caught annually in various categories of violations (including cameras) 12-15 times, which leads to a total number of offenses exceeding 0.5 billion units.

Every offense today must be recorded, archived and stored on the hard drives of the traffic police databases, which takes up a huge amount of memory, and from year to year with the increase in the number of cars there are more and more of them, as a result of which the oldest data must be deleted to be recorded in its place new ones, and without evidence of an offense, the relevance of the penalty itself disappears. As a result, the fine expires and is reset to zero.

Therefore, all authorized authorities make maximum efforts and disciplinary measures for the debtor until the evidence base loses its relevance, and after that the debts are written off as the ineffective work of the executive authorities, which annually undergoes reforms that improve the quality of its work.

The second reason is the acute lack of funding for law enforcement and judicial authorities, since if total control is established over each debtor, the budget for the implementation of this plan will need to be increased by an amount exceeding the amount of enforcement fees from all debtors. The same applies to photo and video recording equipment on the roads.

Private means of recording traffic violations.

The last problem, by the way, is being actively solved on Russian roads by attracting private investment, when a civilian has the opportunity to purchase a camera of an established type, update the calibration certificate for its components every 3 months and, placing it on the road, independently record violations of the speed limit by citizens by sending data to the traffic police department and receiving percentage deductions from each paid penalty from the state, to which they have a legal right.