Time limit for collecting traffic police fines by bailiffs

Time limits for collection of traffic police fines by bailiffs

Every day, thousands of motorists are faced with the need to pay a fine for non-compliance with traffic rules. Among the total number of violators, there are also those who forgot or for some reason were unable to pay the amount specified in the traffic police report within the period established by law. Such drivers should know what the deadline for collecting a traffic police fine by bailiffs is currently in effect.

What happens in case of non-payment

Drivers who have been fined for violating traffic rules are given 60 days to repay the debt (clause 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation). For law-abiding motorists who pay the fine within 20 days, there is a 50 percent discount. That is, the amount of the fine can be halved.

If the driver forgot to pay off the debt, he can expect unpleasant communication with representatives of the executive service. The fine is handed over to the bailiffs if the motorist does not pay it within 60 days and does not appeal within 10 days.

Checking fines

There are cases when non-payment according to the traffic police protocol occurs due to the fact that the driver did not receive a decree. Most often this happens if the violation was recorded on a traffic camera.

Drivers who have violated traffic rules and suspect that they may have been issued a fine are advised to independently check the presence of the protocol. This can be done through the traffic police website.

If the protocol was issued, but the penalty was not paid, you should find out whether the case was transferred to the enforcement service.

Enforcement proceedings and its procedure

If the driver does not pay off the debt for traffic violations on time and does not submit an application for deferred collection, enforcement proceedings are opened on traffic police fines. A traffic police officer can initiate a case of non-payment.

In the future, debt collection will be handled by a structure such as the Federal Bailiff Service. Its representatives act in accordance with the Federal Law “On Enforcement Proceedings”.

First of all, a resolution is issued to initiate enforcement proceedings and a traffic fine is sent to the debtor. The resolution comes into force ten days after its execution.

Only two months are given to repay the debt, and this period begins from the moment the order was served.

If during this time the violator has not filed a statement of disagreement with the fine and has not contributed funds to the treasury, the bailiffs will look for ways to collect them.

There are cases when drivers do not pay, but their debts are cancelled.

Letter of initiation of proceedings

After the initiation of proceedings, a letter will be sent to the debtor within three days. And here many drivers have a question: what to do if you receive a letter from the bailiffs for a traffic police fine? First of all, you should read it carefully and find out how many days are given for voluntary repayment of the debt. As a rule, five days are allocated for this.

You can determine the date from which this time is counted by the number indicated on the envelope. To avoid complicating the situation, you should pay the collection amount yourself. Otherwise, the executive service will take appropriate measures.

Bailiffs can deduct the amount of the traffic police fine from your earnings. If a citizen does not have an official job, he needs to be prepared that after receiving the letter, bailiffs may come to him to evaluate the property.

It happens that the paid traffic fine is handed over to the bailiffs. If this happens, you should present the payment receipt to the FSSP yourself. In return, you need to demand a decree that the proceedings are closed.

It is recommended to do this as quickly as possible. This way you can avoid a decision on the collection of funds for the work of the executive service.

Debt repayment terms

If you still receive a letter from the enforcement service about the need to pay the debt, you should know how not to pay the enforcement fee to the bailiffs for the traffic police fine. This, in fact, is also a fine for failure to comply with a decision voluntarily. It amounts to 7% of the recovery amount and can turn out to be quite a significant amount.

It is unlikely that anyone will want to incur extra expenses. In order not to spend money on collection, it is recommended to pay off the debt within five days from the date of receipt of the letter.

According to Article 31.9 of the Code of Administrative Offenses of the Russian Federation, any administrative offense (and this includes violation of traffic rules) has a statute of limitations. After this period, the decision on punishment will not be executed, that is, the fine assigned to you will be canceled.

The statute of limitations for bailiffs for traffic police fines is two years. The enforcement actions themselves must be carried out according to the law within two months.

If it was not possible to recover funds from the driver due to lack of property or income, the writ of execution will be returned to the recoverer. The case can only be reopened six months after the completion of the initial proceedings.

Payment Methods

Today, there are many ways to pay off debts to the State Traffic Inspectorate. Payment can be made directly at the bank's cash desk, using a payment terminal, or using the online service.

Consideration of problem situations

Many drivers face controversial situations. It happens that bailiffs make mistakes that can be challenged. The question is often asked whether money can be withdrawn from a card for a traffic police fine. The answer to this is positive: the bailiffs have every right to collect funds from the debtor in this way. To do this, the FSSP employee will have to send a request to the bank used by the debtor and receive the requested amount.

It happens that a citizen paid a fine to the traffic police and the bailiffs withdrew money from the card. Such errors occur due to untimely updating of the database. To prevent this from happening, it is recommended to inform the bailiffs immediately after paying the fine.

If a double recovery does occur, you can return the funds by filing an application for the FSSP with a payment receipt attached to it.

If this does not help, you need to file a complaint with the head of the service or go to court. For example, if bailiffs wrote off money from a Sberbank card for a paid traffic fine, contacting the bank will not help, because it could not refuse to comply with the requirements of the FSSP.

Drivers are encouraged to interact with government agencies and submit debt payment receipts on their own in a timely manner. In addition, you should know that unlawful actions of all officials, including bailiffs, can be appealed. This service does not have the right to recover funds twice for the same violation.

As mentioned above, you can appeal the fine itself within ten days if you consider it unfair. And then the question of how to return money from bailiffs for a traffic police fine will not arise.

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

Collection of traffic police fines by bailiffs

The penalty for violating traffic rules is the imposition of fines. Their size is strictly regulated by the legislative framework of the Russian Federation and cannot exceed the established amount for each violation. The use of fines allows you to discipline car owners and motivates them to comply with existing traffic rules.

When can bailiffs collect a traffic fine?

If 2 months have passed since the decision to impose penalties from the traffic police came into force, and the negligent driver has not repaid the debt, then the FSSP begins to collect the indicated amount. The documentation reaches the Federal Bailiff Service 10 days after the fine is issued. But the initiation of a case of forced collection begins only after the period allotted to the driver for voluntary payment of the receipt has passed (60 days, not counting the appeal period of 10 days, for a total of 70 days).

Rights and responsibilities of bailiffs

Representatives of the FSSP have the right to collect debt from the debtor, which includes:

the amount of the traffic police fine;
the cost of the work of the FSSP representative;
monetary penalties and sanctions imposed for violation of deadlines for payment of receipts;
other penalties that are regulated by the current legislation of the Russian Federation.

Bailiffs can work closely with representatives of other government agencies and institutions to obtain the necessary information about the debtor and his location.

Representatives of the FSSP do not have the right to demand money from the violator in excess of the amount determined based on the analysis of each specific traffic police fine.

Rights and obligations of the debtor

After the violator receives a decision to pay a fine from the traffic police, he is obliged to repay the debt within 2 months. If the driver does not agree with the actions of the traffic police inspector, then you can appeal the decision on the offense within 10 days from the date of its issuance.

If it is impossible to repay on time, the driver can write an application to the traffic police with a request for a deferment. According to the Code of Administrative Offenses of the Russian Federation Article 31.5. it can be 1-3 months.

The procedure for collecting traffic police fines by bailiffs

The procedure for interaction between representatives of the FSSP and debtors is regulated by Federal Law No. 229 “On Enforcement Proceedings” dated October 2, 2007.

The entire procedure for collecting unpaid receipts for traffic police fines by bailiffs can be divided into several main stages:

Even at the stage of initiating enforcement proceedings, the debtor has the opportunity to voluntarily pay off the debt on traffic police fines.

Decision to initiate enforcement proceedings

The decision to initiate enforcement proceedings is made by the judge based on a petition from an authorized person. The violator is given a period of 60 days to voluntarily repay the debt. If payment is not received, a petition to initiate enforcement proceedings will be sent to the court. The period allotted for initiating enforcement proceedings to collect traffic police fines is 3 days. A copy of the judge's decision is sent to an authorized person and is also transferred to the FSSP.

Reimbursement order

If the fine was not paid on time, then FSSP representatives begin the forced collection procedure after 5 days. Consequently, within 5 days the driver has the last opportunity to pay the traffic police fine on a voluntary basis.

Experts advise keeping your payment receipt. Information about payment of a fine does not always enter the database in a timely manner. If the traffic police fine has already been paid, and the bailiffs begin the enforcement procedure and send the debtor a ruling on compensation, then you should immediately visit the FSSP. You must provide a receipt of payment, which will serve as evidence and grounds for termination of enforcement proceedings.

If the debtor’s payment deadline expires and the amount of the traffic police fine is repaid on time, then experts recommend immediately sending a copy of the receipt by registered mail to the bailiff service.

Collection of administrative fines by the FSSP

The collection of administrative fines deserves special attention. According to the Code of Administrative Offences, 60 days are allotted to pay off an administrative fine. If payment is not made within the specified time frame, additional penalties may be applied to the violator (Article No. 20.25 of the Administrative Code). These include:

increase in the amount of recovery by 2 times;
arrest up to 15 days;
compulsory work for up to 50 hours.

It is necessary to clearly monitor the repayment period of the traffic fine debt. If it falls on a weekend or holiday, the period is transferred to the next working day. Experts recommend that you independently calculate the final repayment period of the debt to avoid the imposition of repeated sanctions.

If the violator requests a deferred payment, he must pay the specified amount 2 days before the end of the term.

If established deadlines are violated, bailiffs actively interact with other government bodies. This allows you to find the violator and collect the debt from him.

Forced collection of traffic police fines by bailiffs

If the violator refuses to repay the debt on time, information about this goes into the GIS database. Based on this, the authorized person prepares an appeal to the court that issued the decision on monetary recovery. A copy of this document is automatically sent to the FSSP.

After receiving the appeal, the bailiff initiates enforcement proceedings, of which an official notification will be sent to the violator. From the moment of receipt of notification of the initiation of enforcement proceedings, the debtor has 5 days to voluntarily repay the debt. If the required amount is paid, then the enforcement proceedings for the forced collection of the traffic police fine will be terminated.

Even if the offender voluntarily repaid the fine within 5 days after the initiation of enforcement proceedings, he is also required to pay a mandatory fee. Its size is 7% of the fine, but cannot be less than 1000 rubles.

Considering that traffic police receipts are not very large sums of money, the debit can be made forcibly from the debtor’s bank card. The FSSP representative sends to the accounting department of the organization where the violator works a collection order and an order to withhold the specified amount in favor of the state.

If the offender does not have a permanent place of work, the bailiffs ask the tax service about the property, bank accounts and cards belonging to the debtor. If accounts are found, the bailiff sends a resolution and order to write off the funds to the banking institution. Then an inventory is made, forced seizure and subsequent sale in order to pay the fine.

Collection deadlines

If the debtor persistently hides from representatives of the FSSP (changed his place of work, place of registration or residence, etc.), then the statute of limitations for enforcement proceedings is 2 years. After this period of time, the bailiffs will not be able to recover the required amount from the violator.

That is, if from the moment the resolution comes into force, the bailiffs have only two years to find the debtor and forcefully collect from him payment of the traffic police fine. In this case, an inventory of property, seizure of securities, etc. can be carried out. After the end of 24 months from the date of entry into force of the resolution, it is not possible to collect the debt. (Article 31.9 Part 1 of the Code of Administrative Offenses of the Russian Federation).

Is it possible to appeal the collection of a traffic fine by bailiffs?

Many motorists are interested in the question of whether it is possible to appeal the collection of a fine by the traffic police by representatives of the FSSP. This need arises if the receipt has been paid, and the bailiffs have written off the money from the card or current account, made an inventory of the property and seized it for the purpose of subsequent sale. To restore justice, you should submit an application to one of the authorities:

FSSP to a senior manager (senior bailiff);
Court;
To the prosecutor's office.

In most cases, it is possible to resolve the issue by contacting the senior bailiff. Confirmation of payment of the debt must be provided, which will become the basis for termination of enforcement proceedings. If it is not possible to appeal the actions of the joint venture, then experts recommend filing a petition with the court.

It is advisable to contact the prosecutor's office if the actions of the FSSP representative are illegal and threaten the life or health of the offender (his family members).

Step-by-step instructions for appealing

If the driver decides to appeal the collection of a traffic fine by the bailiffs, then he should follow a simple algorithm of actions:

competently draw up an application for appeal;
submit it within the deadlines established by law;
obtain a court decision.

IMPORTANT

You can appeal only in the first 10 days after the violator learned about the repeated write-off of the debt (Article 122 of the Federal Law-229 “On Enforcement Proceedings”). In the future, you can appeal if the initial deadline was missed for a good reason. For example, due to illness.

The second, important point is the scrupulous preparation of an application to appeal the decision of the traffic police inspector. If the driver has difficulty filling out the form, it would be a good idea to seek the help of a professional lawyer. He will not only help you fill out the application form correctly, but will also suggest the correct model of behavior during the appeal process.

Application to appeal illegal collection of a fine

A completed application to appeal the illegal collection of a traffic fine by the Bailiff Service must contain the following information:

The header should reflect the name and address of the institution where the driver is applying. Details of the offender (full name, registration or registration address). Information about the authorized person who issued the traffic police resolution.
Name of paper. It may take the form of a petition or application to appeal the decision of the traffic police. The wording “about illegal actions of a representative of the FSSP” or “about the inaction of a representative of the FSSP service” is also possible.
Fill out the body of the form. It should reflect information about the decision made. It is also necessary to indicate the date and place of seizure of property and describe the actions performed by the bailiff.
Provide links to regulations that were violated by the bailiff. You should be especially careful at this point. If you are unable to find regulations on your own, you should seek the help of a qualified lawyer with extensive experience in handling similar cases. It would not be superfluous to record the consequences that resulted from the actions of the bailiff.
Make a request to cancel the completed action. Add date and signature.

A prerequisite is the provision of the necessary package of documents. It includes:

Correctly completed payment documents confirming the fact of repayment of debt on traffic police fines.
A copy of the resolution of the bailiffs who carried out the forced collection of the debt;
Other documents at the driver’s disposal that can confirm the applicant’s correctness.

For your information

Experts recommend not delaying the payment process and not letting the situation get to the point where bailiffs are involved in collecting the debt under the traffic police fine.

Download a sample application to appeal the actions of a bailiff.

Controversial situations

A situation often arises when the debt has been paid, but information about this has not reached the FSSP. In this case, the bailiff may request information about the debtor’s accounts and cards from the banking system. And make a decision on forced debiting of money from the current account or card. If it turns out that the traffic police fine was paid twice, then the ideal solution would be to submit an application to the bailiff requesting compensation for damages. The previously paid receipt must be attached to the application. If the FSSP representative fails to act, experts recommend filing a complaint with the prosecutor’s office.

It should be remembered that it is impossible to refuse to pay penalties imposed by the authorized body. But the issued receipt can be appealed in court if the driver has the necessary evidence, as well as witness testimony.

According to Article 32.2 of the Code of Administrative Offenses of the Russian Federation, during the first 20 days from the moment the decision is issued and it comes into force, the driver can pay only 50% of the amount of the receipt. By taking advantage of this right, the violator not only saves himself from the unpleasant moments associated with communicating with representatives of the FSSP. But it also saves your own money.

It should also be understood that when evading debt payment, bailiffs may limit the debtor’s right to travel to the border or apply for administrative arrest (in case of malicious evasion).

The procedure for collecting traffic police fines by bailiffs

There are fines for violating traffic rules. If a citizen has violated existing norms, he is obliged to pay a monetary penalty in the prescribed amount. The presence of fines encourages the driver to comply with existing standards. Payment of monetary penalties for traffic violations is a mandatory requirement. A person cannot refuse to repay them. If the vehicle owner does not pay off the debt within the specified time, additional sanctions will be applied to the traffic rule violator. In addition, bailiffs will collect the debt from the driver.

Consequences of non-payment

If a citizen refuses to pay fines imposed for violating traffic rules, additional punishment may be applied to him. The violator can expect the following consequences:

arrest for 15 days;
involvement in compulsory work for up to 120 hours.

If the total amount of penalties exceeds 10,000 rubles, the driver may be deprived of his right to drive a vehicle. The validity of the certificate in this situation is suspended by court order. You will be able to get your driving license back only after the debt has been fully repaid.

If the driver continues to ignore the need to pay off the debt, enforcement proceedings may be initiated by the bailiffs. Its result will be the issuance of a writ of execution, allowing the debt to be collected under a traffic police fine forcibly.

When can bailiffs collect a traffic fine?

Collection of traffic police fines by bailiffs forcibly begins if a person ignores the need to pay them within 2 months from the date of receipt of the order. According to the rules, it comes into force after 10 days have passed from the moment it was provided to the violator. This period is allocated so that a citizen can go to court and appeal the traffic police decision.

A citizen has the right to a deferment. It is provided if a person knows that he will not have time to pay the fine within the period established by law. In order for the state to cooperate, it is necessary to draw up a statement. Installments are available for 1 or 3 months.

If the driver has not started the procedure for appealing the traffic police fine or has not asked for an additional period to repay the debt, the case is transferred to the Federal Bailiff Service. They will begin collecting fines by force.

Collection procedure

The process of collecting traffic fines can be divided into two stages. At the first of them, the bailiffs pass the order. The document records information about the violation and the amount of the penalty. Typically, the document reaches the bailiff service within 10 days from the date of its execution.

If the debtor does not comply with the requirements imposed on him by the court, the second stage begins. Representatives of the FSSP collect the debt forcibly. To do this, the property that belongs to the non-payer of the fine is seized and subsequently sold.

Collection of administrative fines

According to the rules, a citizen is obliged to pay off an administrative fine no later than 60 days from the date of entry into force of the decision on its imposition. If a person has asked for a deferment, the debt must be repaid 2 days before its completion. If the transfer of funds has not been made, additional punishment will be applied to the citizen by bailiffs.

According to Art. No. 20.25 of the Code of Administrative Offenses of the Russian Federation, if this happened, the amount of the penalty will increase by 2 times or the citizen will be subject to administrative arrest for up to 15 days. In a number of situations, the punishment can be modified by engaging in compulsory labor for up to 50 hours.

If a violation of the established deadlines is detected, the bailiff will begin drawing up a protocol on the administrative offense. Then there is accountability. The court has 3 months to call the citizen to account.

Responsibility periods may vary. So, if the last day of voluntary debt repayment falls on a holiday or weekend, the period is transferred to the first working day following it. For this reason, experts advise independently calculating the time period during which a person has the right to make settlements with the state without imposing additional sanctions.

Representatives of the FSSP actively interact with other government bodies and services. This allows bailiffs to have an effective impact on persons who evade paying fines. Therefore, experts advise not to hide, but to make contact with government officials and try to resolve the current situation.

Forced collection of traffic police fines by bailiffs

Forcible collection of traffic police fines by bailiffs is carried out against persons who refuse to repay the resulting debt in a timely manner. If such a situation occurs, the GIS database receives information about non-payment of the fine. Persons with appropriate authority apply to the court that issued the monetary penalty order. A copy of the document is sent to the FSSP.

Having received the document, the bailiff initiates enforcement proceedings. The debtor will be notified of this. Having received the information, the driver has 5 more days to voluntarily cancel his obligations under the traffic police fine. If he pays off the debt during this period, enforcement proceedings will cease. However, the debtor will not be able to avoid paying a mandatory monetary fee, the amount of which is 7% of the amount of the debt, but not less than 1000 rubles.

If more than two years have passed, it will not be possible to collect such debt. However, until the deadline has expired, the debtor has the right to force him to fulfill his obligations. If the Federal Bailiff Service begins work against a citizen, the traffic police fine will be collected forcibly. To do this, property will be confiscated from traffic violators. Bailiffs have the right to confiscate funds, securities, and wages of the debtor. If the amount of debt exceeds 10,000 rubles, the citizen may be restricted from traveling outside of Russia. In addition, the driver's license is temporarily withdrawn. All actions that bailiffs will perform against the debtor are notified by mail.

To avoid additional sanctions, it is worth paying off traffic police fines in a timely manner. The system does not always work quickly. There are cases when paid fines continue to hang as if they had not been repaid. To prove the case to the bailiffs, the citizen will have to provide a receipt. Therefore, experts advise keeping documentation confirming the fact of debt repayment.

Collection deadlines

I agree with part 1 of Art. No. 31.9 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations for collecting a traffic police fine is 2 years from the date the resolution enters into legal force. During this period, the FSSP representative has the right to seize the debtor’s property to repay the debt. If the period is exceeded, the bailiff's right to force the return of funds disappears.

How to appeal an illegal fine?

You can appeal a fine within 10 days from the date of its imposition. If the deadline has been missed, the motorist has the right to apply for an extension of the application period. However, the request will only be granted if there are compelling reasons for such action. To appeal a traffic police decision, a person can contact the management of the executors or file an application in court.

The first method allows you to significantly speed up the procedure. To perform the action, you will need to contact directly the head of the enforcement agency, senior or chief bailiff. By choosing this method, a person will not have to pay the state fee. A response to a complaint will be made within 10 days.

The second method involves a standard trial. The method is considered the most effective, but requires increased labor costs. Copies of the decision must be provided to the claimant of the property, the debtor and the bailiff.

Application for appeal

The outcome of solving the problem largely depends on the quality of the application drawn up to appeal the illegal collection of a traffic police fine by bailiffs. Therefore, its preparation must be approached responsibly. The application should include the following information:

The name and address of the institution to which the citizen applies. The information should be reflected in the application header. Below is information about the debtor and the applicant. Next, you need to provide information about the relatively interested person - the bailiff who executed the traffic police resolution.
Title of the paper. It can be called a complaint or a statement about illegal actions or inaction of a bailiff. Experts advise using the second option.
Fill out the body of the document. In it, experts advise to reflect information about the decision made by the bailiff, the date and place of seizure of property and the circumstances under which the decision was executed.
Links to specific provisions of current legislation. You should approach this point carefully. The citizen must try to prove that the bailiff actually committed illegal manipulation with the traffic police fine. In addition, experts advise recording the consequences that resulted from the decision made.
Ask to cancel the completed action. At the end there is a date and signature.

Additional documents must be attached to the documents. It is recommended to include in the list:

Experts advise not to let bailiffs collect a fine from the traffic police. If a citizen has violated traffic rules, it is worth making a payment as quickly as possible. It must be remembered that discounts are provided in the first 20 days after receiving the resolution. According to Art. No. 32.2 of the Code of Administrative Offenses of the Russian Federation, during this period those fined have the right to pay only 50% of the penalty amount.

If a traffic violation violator has ignored the need to pay off the debt on the traffic police fine for 2 months, he must be prepared for a visit from the bailiffs. However, we must remember that they have the right to act only within the framework of the law. Exceeding authority is a violation. If such a fact occurred, it is worth contacting the relevant government agency.

Funds can only be recovered within the amount of the debt. It usually includes:

traffic police fine;
remuneration for the work of FSSP representatives;
sanctions, monetary penalties applied for violation of the debt repayment period;
other penalties provided for by current legislation.

The bailiff has no right to demand funds in excess of this amount.

Statute of limitations for traffic police fines

Good afternoon, dear reader.

Not every driver knows that traffic police fines received quite a long time ago may not be paid on completely legal grounds.

This article will discuss the statute of limitations for traffic police fines , as well as the features of paying overdue fines for traffic violations.

Statute of limitations for traffic police fines

The statute of limitations for traffic police fines is regulated by Article 31.9 of the Code of Administrative Offences:

Article 31.9. Limitation period for execution of a decision imposing an administrative penalty

1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.

The statute of limitations is 2 years from the date of entry into force of the decision imposing a fine.

Calculation of the statute of limitations for traffic police fines

Let me remind you that the decision to impose an administrative fine comes into force 10 days after it is issued (10 days are given for appealing it).

Thus, if the driver does not pay the traffic police fine within 2 years + 10 days , no one will be able to collect this fine from him.

Let's look at the situation using an example. Today is September 18, 2018. Let's subtract 2 years and 10 days from this date. Thus, fines for violations committed by drivers before September 7, 2016 do not need to be paid. Fines received after this date will have to be paid.

One more feature. If the driver appeals the decision to impose a fine (for example, in court), then 2 years will begin to count only after the decision comes into force, i.e. after the court hearing (+ possible period for appeal).

By the way, I would like to remind you that for failure to pay traffic police fines, the driver may be subject to a double fine (but not less than a thousand rubles), or compulsory work for up to 50 hours, or administrative arrest for up to 15 days. Administrative arrest cannot be used as punishment for non-payment of fines recorded automatically (by cameras).

Limitation period for traffic police fines in 2019 | Statute of limitations

Can the statute of limitations on a traffic police fine expire so that it no longer has to be paid?

⚡️The statute of limitations for administrative and criminal cases appeared in the world legal system several thousand years ago and is currently enshrined in most legislation of the countries of the Romano-Germanic legal family.

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Despite the ongoing debate among legal scholars, in 2019 a rule related to the de facto nullification of liability for committing certain illegal actions after a long period of time also exists in Russian legislation. The rule is associated with the loss of social significance of certain crimes at a significant temporary distance from the moment of their commission, the inappropriateness of punishment, years separated from the crime, problems with the evidence base in old cases.

Collect traffic police fines in an armful and throw copies of decisions in the trash - what could be simpler? Unfortunately, this method of solving the problem will only delay, and often even worsen, the situation of the motorist.

Among other, often very serious offenses, trivial traffic police fines also fall under the rule regarding the statute of limitations. This issue in the Code of Administrative Offenses is regulated by Article 31.9. The statute of limitations under the ShG is 2 years from the date the resolution enters into legal force.

Article 31.9. Limitation of execution of a resolution on the imposition of an administrative penalty 1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution was not enforced within two years from the date of its entry into legal force.

We can agree that two years or 24 months is a fairly short period of time in a human life, and a Russian is quite capable of waiting out such a period of time. In ideal conditions for a motorist, this is exactly the case. Moreover, until recently, a significant number of motorists managed to slip through the described window of opportunity and evade the traffic police fines imposed on them, guided by the rule of reaching the statute of limitations .

Today, it is extremely difficult for a motorist from a large city to endure traffic fines until expire . There are the following reasons for this:

Electronic mobile databases of unpaid traffic police fines from the traffic police;
Active work of the bailiff service;
Prohibition on registration of a vehicle with outstanding fines.

Hypothetically, there is, of course, a chance to hold out until the “amnesty” associated with the expiration of the statute of limitations on traffic police fines . But let's look at what the life of a motorist will consist of throughout the entire waiting period.

The first ten days after receiving a traffic police fine are the most rewarding time. This period is left by the legislator for appealing the very fact of committing an offense. During this time, the offender can live a normal life without attracting the attention of government authorities. Then another 60 cloudless days are given to find funds to pay the collection. Clouds will begin to gather over the careless motorist on the 70th day of late payment. During this period, a significant part of the fines goes to bailiffs, but even here the “penalty officer” has the right to count on 10 days of persuasion and requests.

Then the motorist will find himself in a kind of airless space for 22 months. Both traffic police and bailiffs will be interested in his personality at the same time. Any evening check of documents can end in the bullpen, the debtor’s property - his wages and bank accounts, will be levied, virtually without warning, the court can easily deprive the driver-debtor of his rights, limit his right to travel, double the existing debt or sentence him to real correctional work. The full arsenal of means of influencing the “dodger” from fines, available “in the arsenal” of the security services, is so large that just listing them could lead to a separate article.

There is a chance that in the case of a very small traffic police fine of 500-1000 rubles, no one will hunt you. However, there is little point in living in fear for two years because of such a trifling amount. In the case of larger amounts, you are guaranteed to attract the interest of bailiffs and the traffic police. In such cases, it will be extremely difficult to delay until the statute of limitations on traffic police fines expires . And in the cases of such large, advanced regions as Moscow and the Moscow region, St. Petersburg and the Leningrad region, the Krasnodar Territory and the Republic of Tatarstan, it is almost impossible - the work of state control bodies is too clearly structured for these territories.

There are other subtleties, as we have repeatedly mentioned, the traffic police fine after a 70-day delay in payment goes to the FSSP (Federal Bailiff Service). No matter how stupid it may sound, bailiffs are not as friendly to car owners as the traffic police. It is rarely possible to quickly and reliably pay off fines sent to the FSSP. Resolving issues at this stage involves going to banks and working with paper receipts.

By the way, even if the motorist in some extraordinary way still managed to “avoid” the traffic police and the FSSP for two years and reached the expiration of the statute of limitations on fines , he still will not be able to avoid the final bow to government agencies.

The head of the local traffic police, in an amicable way, should receive from a debtor with fines for which the statute of limitations has expired , an application with a request to stop execution of them and remove irrelevant information from the general database.

And finally, on the topic of statute of limitations , we note that avoiding paying a traffic fine , that is, waiting for the expiration of its statute of limitations , is mostly achieved not by drivers who hid well from the bailiffs, but, rather, by motorists whom the bailiffs did not look for well or did not look for at all. . Clauses 2, 3 and 4 of the same article tell us about this 31.9 :

The statute of limitations for traffic police fines begins to be calculated anew if either a person evading payment of the fine or his property is discovered;
If the fine was to be paid in installments or deferment, then the statute of limitations is increased by the amount of the latter.

The easiest way to protect your life from unnecessary hassle is still to timely pay the traffic police fine . It is possible to play super-agent with the state, but coming out of this game as a winner is an extraordinary task. As always in our publications, we recommend that drivers check and instantly pay their fines through the online service “Staff Fines”.