Car news. After the expiration of In what cases can they refuse to restore the period for paying a fine within the “20 day period” with a discount

On January 7, 2019, Federal Law No. 513 of December 27, 2018 “On Amendments to Articles 31.8 and 32.2 of the Code of the Russian Federation on Administrative Offenses” comes into force.

Pending the introduction of changes to the current legal regulation arising from this Resolution, law enforcers, including courts, when applying Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, guided directly by the provisions of Article 45 (Part 2) of the Constitution of the Russian Federation, do not have the right to evade consideration of the issue on the possibility of restoring the period provided for the payment of an administrative fine in the amount of half of the assigned amount, at the request of a person brought to administrative responsibility in the case where a copy of the resolution imposing an administrative fine, sent to the person brought to administrative responsibility by registered mail, was received by him address after the expiration of twenty days from the date of issue.

A year later, the legislator made changes to the Code of Administrative Offenses of the Russian Federation.

1. Parts 1 and 3 of Article 31.8 of the Code of Administrative Offenses have been supplemented.

Article 31.8. Resolution of issues related to the execution of the decision to impose an administrative penalty

1. Questions about clarification of the method and procedure for execution, about deferment, about installments, suspension or termination of the execution of a decision on the imposition of an administrative penalty, as well as about the collection of an administrative fine imposed on a minor from his parents or other legal representatives are considered by a judge, body, official, who made the decision, within three days from the date the basis for resolving the relevant issue arose.

3. Decision on issues of clarification of the method and procedure for execution, deferment, installment plan, suspension of execution of the decision on the imposition of an administrative penalty, as well as on the restoration of the period provided for in Part 1.3 of Article 32.2 of this Code, the collection of an administrative fine imposed on a minor from his parents or other legal representatives is issued in the form of a ruling. A copy of the ruling is handed over against receipt to the individual or legal representative of the legal entity in respect of whom it was issued, as well as to the victim. In the absence of these persons, copies of the ruling are sent to them within three days from the date of its issuance, about which a corresponding entry is made in the case.

2. Part 1.3 of Article 32.2 of the Code of Administrative Offenses has been supplemented.

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

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 imposing 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 brought to administrative responsibility. 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.

The Constitutional Court of the Russian Federation came to this conclusion after considering a citizen’s complaint about the unconstitutionality of the law, which provides for the opportunity to pay an administrative fine for, among other things, speeding in the amount of 50% within 20 days from the date of the relevant decision ().

The essence of the citizen's appeal was that he, while driving a personal car, exceeded the permissible speed and thus committed an offense provided for, which was recorded automatically by special technical means. The traffic inspector of the Video Recording Center sent to the applicant by registered mail a resolution imposing an administrative fine in the amount of 500 rubles. Let us recall that in this case a protocol on an administrative offense is not drawn up, and the person against whom the case of an administrative offense has been initiated does not participate (). The decision was received after 20 days from the date of its issuance, as a result of which the citizen was unable to exercise his right to pay the fine with a 50% discount ().

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To restore the missed deadline, the applicant applied to the Video Recording Center of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia and to the district court. However, in both instances I received the same answer: it does not provide for the restoration of the grace period for paying an administrative fine. After this, the citizen sent a complaint to the Constitutional Court of the Russian Federation.

Having examined the appeal, the Court concluded that it really did not comply and pointed out to the legislator the need to establish the right to restore the deadline missed for good reasons to pay an administrative fine in the amount of 50%. At the same time, the Constitutional Court of the Russian Federation noted that until the necessary changes are made, law enforcement officials and courts do not have the right to evade consideration of requests for the restoration of such deadlines for valid reasons, and decisions regarding the applicant are subject to review.

In 2016, a pleasant change was made to the Code of Administrative Offenses of the Russian Federation for all motorists. Some traffic police fines can now be paid with a 50 percent discount. The main criterion was timing. Payment had to be made within 20 days from the date of the decision. And everything would be fine if all the fines were issued on the spot and the violator was immediately aware that he had a fine and there was a deadline that allowed him to pay this same fine at a discount. However, fines for photo and video recording are issued according to a different principle. First, a violation is recorded, and then a decision is made, which is sent by mail. But often the mail works so slowly, and besides, the performers are not in a particular hurry. As a result, violators received decisions after the grace period, that is, after 20 days from the date of the decision. As a result, they were automatically deprived of the opportunity to take advantage of this benefit, one might say for someone else’s sins...

Actually, this situation should have been changed a long time ago, on the principle of restoring the deadlines for appeal. After all, if there is a really good reason, especially if this reason is not related to the actions of the violator, then it is unfair to deprive him of what he was originally entitled to. In fact, we will quote, in our opinion, an article of the Code of Administrative Offenses of the Russian Federation, which has a similar task, but with regard to restoring the deadline for filing a complaint. Article 30.3. Deadline for appealing a decision in a case of an administrative offense, part 2.

If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

That is, the Code of Administrative Offenses of the Russian Federation provided for the opportunity to restore the deadline for a complaint, that is, to challenge the fine after a 10-day period, but did not provide for such an opportunity to pay the fine. Actually, this situation could be corrected by going to court, which is what a certain citizen did.

How was the issue resolved before 2018 regarding the restoration of the deadline for paying a traffic fine?

As a result, Resolution of the Constitutional Court of the Russian Federation dated December 4, 2017 N 35-P “On the case of verifying the constitutionality of Part 1(3) of Article 32.2 of the Code of the Russian Federation on Administrative Offenses in connection with the complaint of citizen Yu.A. Reinhimmel” was born.
It was the efforts of Yu.A. Reinhimmel will change the lives of motorists and legislators. Now motorists can petition, first of all, the traffic police to restore the deadline for paying a fine at a discount, and if that doesn’t work, then restore the deadline for a discount for a fine through the court. Well, actually a small, and not complete, excerpt from this resolution.

...Under such circumstances, there is no possibility of restoring the period provided for in Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation for paying the imposed administrative fine in the amount of half of the assigned amount, if this period is missed due to untimely delivery of a copy of the decision on the imposition of an administrative penalty, sent to the official who issued this decision face against a person brought to administrative responsibility, is not consistent with the constitutional principles of legal equality and justice, does not exclude arbitrary restrictions on the right to state, including judicial, protection of one’s rights and freedoms, including the right of private property protected by law, and therefore contradicts the Constitution RF.
The federal legislator must make the necessary changes to the current legal regulation arising from this Resolution.
Pending the introduction of changes to the current legal regulation arising from this Resolution, law enforcers, including courts, when applying Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, do not have the right to avoid considering the issue of the possibility of restoring the period provided for payment of an administrative fine in the amount of half of the assigned amount, at the request of a person brought to administrative responsibility 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 the date of issuance.

That is, not only can the deadline for paying a fine be restored, but back in 2018, legislators took the trouble to legitimize the restoration of such a deadline in the Code of Administrative Offenses of the Russian Federation.

Reinstatement of the 20 day deadline for payment of fines 2019, 2020, 2021....

And now that time has come, it was December 2018 and the president signed 513 Federal Laws on December 27, 2018. Accordingly, the following lines were added to Article 32.2 of the Code of Administrative Offenses of the Russian Federation:

If a copy of the decision to impose an administrative fine, sent to a person held administratively liable by registered mail, is received at his address after the expiration of 20 days from the date of such decision, this period is subject to restoration by a judge, body, or 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.

We can only rejoice that the life of motorists will, at least a little, become more certain, and, moreover, with legal relief.

In what cases can they refuse to restore the deadline for paying a fine within the “20-day period” with a discount?

Despite the fact that the information seems to be optimistic, there are always pitfalls. The traffic police will clearly cling to all possible hooks so as not to give up any slack. Most likely, the refusal to restore such deadlines may be associated with a stamp on a registered letter or notice when such a person was notified of the person brought to administrative responsibility and the lines:

...received at his address after the expiration of 20 days from the date of such a decision...

That is, everything is done like this. The traffic police, having received the petition, sends a request by mail about when the notices were posted to receive the decision. Naturally, the post office is unlikely to set itself up; it will provide the traffic police with information that everything was done on time and according to plan. After all, they also have their own regulations for the delivery of correspondence. As a result, based on this request and receiving a response to it that everything was delivered on time, the traffic police may write a refusal to restore the deadline, since on the part of the performers. And this is the traffic police and Russian Post, everything was done on time, that is, delivered to the address when needed. And the fact that this letter and notification was not received by the person held accountable is the tenth thing...

Video on the topic of reinstating the 20-day period for traffic police fines

The bill “On Amendments to Articles 31.8 and 32.2 of the Code of the Russian Federation on Administrative Offenses” has been published on the unified portal of draft legal acts for public discussion. It is proposed to allow drivers and vehicle owners to pay fines for traffic violations with a 50% discount even after the expiration of the 20-day period established under Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation.

This draft federal law has been developed within the framework. Let us recall that on December 4, 2017, the Constitutional Court of the Russian Federation issued Resolution No. 35-P “In the case of verifying the constitutionality of Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation in connection with the complaint of citizen Yu. A. Reinhimmel”, recognizing Part 1.3 of Article 32.2 of the Code of Administrative Offenses RF does not comply with the Constitution of the Russian Federation.

The fact is that Yu. A. Reinhimmel appealed to the Constitutional Court of the Russian Federation, indicating that if a fine is received by mail after the 20-day period, the law does not allow the fine to be paid at a discount, which violates the driver’s rights.

As a result, the Constitutional Court sided with J. A. Reinhimmel.

Thus, according to the Resolution of the Constitutional Court of the Russian Federation, the Federal legislator is obliged to make changes to the current legislation in order to eliminate norms of the law that violate the Constitution of the Russian Federation.

As a result, amendments to the current Administrative Code of the Russian Federation were developed.

Here is the text of the proposed changes:

Make the following changes to the Code of the Russian Federation on Administrative Offenses (Collected Legislation of the Russian Federation, 2002, No. 1, Art. 1; 2007, No. 41, Art. 4845; 2014, No. 52, Art. 7548):
1) in article 31.8:
a) Part 1, after the words “administrative punishment,” is added with the words “on the restoration of the period provided for in Part 1 3 of Article 32.2 of this Code,”
b) part 3 after the words “administrative punishment,” add the words “on the restoration of the period provided for in part 1 3 of article 32.2 of this Code,”
2) Part 1 3 of Article 32.2 shall be supplemented with a new second sentence as follows:
“If a copy of the decision imposing an administrative fine, sent to a person brought to administrative responsibility by registered mail, was received at his address after the expiration of twenty days from the date of issuance, the specified period may be restored by the judge, body, official who issued the specified resolution, at the request of a person held administratively liable."

Accordingly, after public discussion, the bill will be submitted to the State Duma of the Russian Federation for consideration. Naturally, it will be adopted in a short time, approved by the Federation Council and signed by the President of the Russian Federation. Most likely, amendments to the administrative code will come into force in the spring of this year.

So, soon every driver may be able to pay a fine at a discount even after the 20-day period has expired. True, this will only be possible upon receipt of a copy of the decision imposing a fine for traffic violations after the expiration of 20 days from the date of the administrative decision.

Also, in order to be able to pay a fine at a discount after 20 days, the deadline for legally paying half of the fine through a judicial authority must be restored, or this must be done by the official who issued the decision on the fine (at the request of the person brought to administrative responsibility).

So, finally, it will soon restore the rights of millions of motorists who previously could not get a discount after the expiration of the 20-day period if they received a copy of the decision by mail after the expiration of the grace period for paying the fine.

Close a criminal case after the statute of limitations has expired or after? I'm not sure that the preposition by is used here to mean "after". Maybe it's like closing a case for some reason?

Even if the expiration of the statute of limitations is the reason that the case is closed, with this structure of the proposal only one option is possible: upon expiration of the statute of limitations.


	Question No. 287484

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