If you do not pay traffic fines - what will happen, what are the consequences. What will happen if you do not pay traffic fines on time? What will be for unpaid

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Spending extra money is a dubious pleasure, especially for a driver: not only does the car need to be refueled and cleaned, but also periodically during technical inspections it turns out that the car should be repaired. So it is better not to miss the opportunity to save money and figure out how not to pay traffic fines. Of course, first of all, you just need to follow the rules, but sometimes drivers make decisions that make sense to appeal. And also, even if you really violated the traffic rules, you can use the opportunity to pay only part of the fine - and this is legal!

Order on payment of a fine: how it is passed

So, if you, willingly or unwillingly, have become a violator, there are two possible scenarios. In the first case, the offense is recorded on a camera, and then the news of the fine comes to the driver by mail and is duplicated on the traffic police website.

In the second case, the inspector stops the offender on the road and draws up a protocol.

However, not every driver is immediately notified of the need to pay a fine. The fact is that the decision is made solely on the basis of an administrative protocol, and it is not always easy to understand what happened on the road.

Therefore, you can only be sentenced to a fine immediately after a violation or an accident if the circumstances of the situation are obvious. Have you had a serious accident or avoided an accident, but at the same time, according to the inspector, made a very serious mistake? Then the order will be issued only after the trial - but you will have time to take measures to justify yourself (or at least try to do it). It is quite possible to avoid punishment, especially if the inspector has filled out the protocol incorrectly.

What is the threat of non-payment of the fine

It is not so important whether you agree or disagree with the issued order: from the moment you receive the official paper, the road inspection officers begin to monitor the timeliness of depositing money. And if the funds from you do not arrive within the prescribed time limit, it will no longer be a matter of violation only, but also of non-payment of a fine. This, in turn, threatens with new punishments - for example, you may be sentenced to:

• payment of debt in double the amount;
• arrest (for up to 15 days);
• correctional labor (depending on the severity of the offense - up to 50 hours).

What is the limitation period for fines

Under the law to pay the penalty for traffic violation, the driver is given 60 days, plus 10 days that are allowed to appeal the decision. Sometimes the offender can be given more time to pay, but if the money did not arrive on time, additional measures may be applied to the culprit, such as:

• appeal to bailiffs and their initiation enforcement proceedings;
• a ban on traveling abroad (if the amount of debt exceeds 10,000 rubles or more than 10 of them);
• collection of the performance fee - 7% of the amount of the fine, not less than 1,000 rubles.

Fortunately, the timing of payment can be not only a significant problem for the driver, but also a magic wand. If you have the funds, pay the fine within 20 days. In this case, you will be able to pay only half of the amount (but not less than 1000 rubles).

The statute of limitations for traffic fines is 2 years. But do not think that you can simply not pay them and they will be repaid after this time. Not so simple.

How to pay a traffic fine

Technology does not stand still, and at the moment fines can be paid in many ways. You can take advantage of not yet too well-known innovations or deposit funds in the old fashioned way; present cash or electronic money, including from a cell phone account.

So, to pay off the foreclosure, you can:

• go to Sberbank (or another bank, if you have an account there);
• contact the nearest traffic police department;
• visit the section "Checking fines" on the website of the traffic police of Russia;
• issue a receipt on the Public Services Portal;
• when paying a fine on the spot - transfer money through the terminal in the traffic police car (some cars are already equipped with similar devices).

And that's not all: you can deposit money through some mobile applications, and through the terminals of non-state banks, and even by mail!

Find out in more detail how you can, so that you know exactly what to do and where to go in difficult situations.

Pay all fines - and prove it

Do you remember that you were once sentenced to collect funds for an offense, but you are not sure that you paid the required amount on time? Then, in order to avoid problems, you should undergo additional verification. You can prove to yourself and others that you are a conscientious citizen by simply going to the FSSP of Russia web resource and entering your first and last name. This procedure is called.

If you are planning to get a new position or take out a loan, your employer or bank employee may ask you for a certificate that there are no fines in arrears. In fact, there is no such official paper, but you can replace it with a similar statement. To get it, you need to come to the district office. It is not necessary to sit in line for a long time - you can print a statement in the terminal by paying 10 rubles, and in minutes you can pick up a similar certificate of absence of traffic fines.

To get it, you need to come to the district inspection office. It is not necessary to sit in line for a long time - you can print the statement in the terminal by paying 10 rubles, and after a few minutes pick up the similarity.

Disagree with the imposed fine

Nobody is immune from mistakes, including traffic police inspectors. Therefore, if you do not agree with the ruling, you should appeal the fine, but do it in accordance with all laws. You are faced with injustice right on the road - the inspector drew up the protocol incorrectly? Do not sign for it - indicate “disagree” and be ready to take additional measures.

The inspector's decision can be appealed by contacting the traffic police department or court within 10 days; this period may be increased if you were physically unable to contact one or another authority, for example, due to illness or in connection with a business trip.

You should do the same if you are wondering how to get rid of fines from traffic police cameras. Most often, errors of these devices are associated with the definition:

• car number;
• speed;
• boundaries of road markings.

Often the following happens to motorists: the driver who was nearby violated the rules, and the fine came to an innocent. These situations are resolved quickly and easily. But only a few know how to avoid fines for speeding from video cameras. Most often it is impossible - you can prove the device error only if your navigator or video recorder has “documented” the exact numbers.

In a word, there are a lot of subtleties - so it's worth understanding how.

The above rules are relevant for all citizens of the Russian Federation, but if we are talking about how not to pay traffic fines to a foreigner, there may be discrepancies. De facto, a person who is not registered in Russia may never receive a fine at the place of residence (or the collection will be sent to a rental office, but then there is a great risk of simply not having time to receive this paper). But de jure, non-payment of the fine may threaten with a ban on leaving the country. Therefore, before leaving Russia, a foreigner who rented a car should, just in case, check his driving history in any traffic police department.

Summing up, it is worth saying that you can constantly consult with specially trained people on how not to pay traffic fines from cameras legally: the advice of a lawyer will always be practically the same. If you think that you are right, file a complaint with the traffic police and prepare papers for the court. If you can honestly admit to yourself that you have violated the traffic rules, you will not be able to avoid punishment: you can only deposit money faster and try to "cut" half of the amount.

How not to pay traffic fines: Video

Not all car enthusiasts like to delve into all the legal subtleties, but it would be worth it: it turns out that you can, for example, not pay your old fines, and the law will be on your side.

As the Chinese say: "Nothing lasts forever under the moon") Therefore, even traffic police fines have their own statute of limitations

Yes, that's right: don't pay, at all. It turns out that there is a certain limitation period for traffic fines, after which they are canceled.

The term for traffic police fines: subtleties and nuances

All information on how not to pay your debt legally can be found in article 31.9 of the Code on administrative offenses... It says that an administrative penalty (in our case, a fine) is not executed if, for some reason, the decision on this penalty has not been implemented within two years. The countdown starts from the moment of entry into force of the decision on the appointment administrative punishment.

Article 31.9 of the Administrative Code of the Russian Federation, Part 1

1. The decision on the appointment of an administrative penalty is not subject to execution if this decision was not enforced within two years from the date of its entry into force.

The decree comes into force 10 days after its issuance, and it does not matter how the driver received the fine: from the traffic police camera or through the court. These 10 days are given for appeal administrative order if it is appealed against judicial procedure, then the limitation period will begin to count from the moment judgment+ 10 days to appeal it.

In addition, there is a limitation period for the imposition of a fine. A resolution on an administrative offense must be issued no later than 2 months after the offense was committed and no later than 3 months if the case was considered in court.
Article 4.5 of the Administrative Code of the Russian Federation:

A ruling on a case on an administrative offense cannot be issued after two months (in a case on an administrative offense considered by a judge - after three months) from the date of the administrative offense.

One gets the impression that everything is simple. In fact, there are pitfalls. Let's consider some of the nuances:
If you carefully study Article 31.9, you will find that the statute of limitations can be extended: for example, it is extended when it is proven that the offender avoided bailiffs.

Article 31.9 part 2

The course of the limitation period provided for in part 1 of this article is interrupted if the person involved in administrative responsibility, evades the execution of the decision on the appointment of an administrative penalty. The calculation of the limitation period in this case is resumed from the date of discovery of the specified person or his things, income, on which, in accordance with the decision on the imposition of an administrative penalty, an administrative penalty can be levied.

This means that, for example, if no one looked for 2 years after the decision of the debtor, he did not receive any summons or notifications, and 10 days before the statute of limitations, he unexpectedly receives a summons to the bailiffs. Then the new two-year statute of limitations for the traffic police fine will begin to count from the moment of visiting the FSP service.

The easiest option, if information about the fine was not transmitted to the bailiff service, this is rare, but it happens. Then no one will look for and bother the driver even after a two-year period. limitation period the fine “burns out”. But even in this case, it will not be easy to get rid of the “burned out” fine: there are examples when drivers could not because of fines in 2013-2015. To receive driving license the State traffic inspectorate demanded payment of the debt. In this case, write a complaint to the prosecutor's office, or on the traffic police website in the section "Reception of applications" leave a message with a request to delete the information about the fine due to the statute of limitations.

Punishment for delay

What happens if you try to evade payment and fail to pay the administrative fine on time?

Then there will be administrative responsibility under article 20.25 of the Administrative Code of the Russian Federation, Part 1:

1. Non-payment administrative fine within the period provided for by this Code -
shall entail the imposition of an administrative fine in two times the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for up to fifty hours.

The decision on the choice of punishment is made by the judge. Arrest is not applied for non-payment of a fine received from a video camera. Since 2016 in administrative code there were changes. In particular, there was a discount on traffic fines. Read more about this.

When is the liability for failure to comply with the deadline arising?

So, you were captured by a video recording camera,. There is a video recording center in Russia. Soon you will receive the so-called "letter of happiness" from this center. In it, you will be kindly asked to pay a fine (say, 500 rubles).

How does the letter arrive? Simple: data about you is sent to the "Russian Post", which delivers letters to violators through its branches. But easier on email or SMS to your phone.

The letter is in your hands, but, of course, it does not appear to pay your blood desires. As stated earlier, after receiving the notification, you have 10 days to appeal and 60 days to make a payment. If after 70 days the traffic police do not receive data on payment, then another 10 days are allotted for the transfer of the case to the bailiffs. It turns out that in order not to fall into the category of debtors to the state, a citizen has 80 days to pay the traffic police fine.

In turn, an employee of the video recording center, relying on the first part of Article 20.25 of the Administrative Code, will draw up a protocol for non-payment of an administrative fine on time and send the case to the magistrate, and he will determine: a double fine, administrative arrest or community service.

What will happen if the "letter of happiness" has not reached you. For some time your letter will collect dust in the mail (about 30 days), after which it will be returned to the employee of the video recording center. Even in this case, it is believed that you are aware of your debt, although in fact you did not even take the letter in your hands, let alone read it. Therefore, the date of return of the letter to the video recording center is officially considered the date of delivery of the notification. This development of events is the most unfavorable, since the fined driver has no idea both of his fine and the date from which the statute of limitations begins. We have such excellent legislation.

You can check for fines with ours.

When using such services, you need to understand that the traffic police fine is removed completely within a year from the day it was paid. If, in addition to the fine, there was a deprivation of rights, then the removal from the database of the debtors of the traffic police will not occur immediately after the payment of the fine, but only after the driver's license is returned.

I work as a bailiff and recently I have often met with the fact that traffic violators do not want to pay fines. There are many reasons for this phenomenon: someone is outraged by their punishment, they say, there was nothing for it; some not only do not want to, but many hope that they will get nothing for it.

I try to explain that this is not so, but for some reason they do not believe. After all, for them I am a representative of the authorities and therefore I am obliged to lie, but on the Internet the “authoritative comrade” wrote that this is not so.

So I decided to take advantage of the Internet and try again to convey to people what will happen if they do not pay fines. Perhaps, after reading the article, they will begin to take their responsibilities at least a little more seriously.

What threatens non-payers

The offender is given 70 days to pay the fine. This period consists of the following indicators - 10 days to appeal the court decision and 60 days according to the requirements of the law. But if a citizen does not meet this deadline, then the following sanctions can await him:

• The amount of the fine is increased and not by some small percentage, but by twice the original amount. For example, you have been assigned a payment of 1000 rubles. And now you have to pay 2000. And if the amount of the fine is 30 thousand, then in the end you will have to pay 60;
• The offender will be forcibly sent to community service. At the moment, the term of work is 50 hours. That is, you are obliged to work free of charge for the good of the country during the specified hours where you will be sent. Usually this is street improvement. In addition, there are rumors that the number of hours will be increased;
• The offender can be imprisoned for 15 days. Previously, it was applied only to those violators who were detained by the inspectors, and during the arrest they tried to resist the traffic police officers. Now the judges are also sending hard-core defaulters to jail;
• If the amount of the debt exceeds 10 thousand and the case reaches the bailiffs, and the offender still does not want to pay. That almost immediately the bailiff issues a ban on him from traveling abroad, until he pays the fine. In addition, deprivation of rights for six months is practiced.

Earlier, 15 days of arrest and community service were saved from a fine, being a kind of alternative to it. Now the fine will have to be paid in any case. Moreover, these types of punishment can be applied in combination. That is, serve some days, after which you will be awarded "occupational therapy" and awarded to pay a double fine. Still don't want to pay?

In case of deprivation of rights, there is an exception - the car is the only source of income for the offender, transport is necessary for the movement of his family members (to work or study), the driver or someone from his family has a disability of 1 or 2 groups.

And further. If the bailiff sends a letter demanding to pay the fine within five days, and you ignored his demand, then be prepared that your bank accounts may be blocked until the debt is fully paid off.

A citizen can receive a payment deferral for 1 month or payment by installments for three months. To do this, he needs to write a corresponding statement and attach documents to it justifying his request.

If the submitted documents are satisfied by law enforcement or judicial authorities, then the required deferral / installment plan will be provided to him. And after the end of this period, he will still have 60 days to pay the final fine.

If the violation was committed by a foreigner who is illegally in the territory, then he will not be provided with an installment plan. In addition, he will be deported to his homeland.

Duration of penalties

The legislation of our country provides for a statute of limitations for traffic police fines for a period of two years, after which they must be canceled. Other restrictions are expected to be the same. For example, going abroad.

If a citizen tried to appeal the fine in court, then the calculation period begins from the moment the last court decision was made.

Many drivers start hiding, waiting for the expiration of the specified two years, after which they begin to declare that, they say, they are not subject to jurisdiction. After all, the statute of limitations has expired. And they are unpleasantly surprised.

The thing is that there is a small clarification in the legislation - if the violator is a malicious evader, that is, he deliberately hides from the performance of his duties, then the bailiff can interrupt the statute of limitations.

And to renew it again when it is "born" in two years. Or the property belonging to the latter will be discovered and material values that can be arrested.

Is it possible to avoid consequences for non-payment

Yes, you can, but the only way is to try to appeal it in court. But as practice shows, this is a very difficult matter, since the inspectors are well trained. And if the fine is received as a result of the video, then it is necessary to prove it.

That it was not you or that there was no violation, this is the result of equipment malfunction. But this requires professional expertise. There were precedents.

But trying to avoid responsibility is not worth it, it will not lead to anything good.

Remember that usually all information is entered into the general database of the traffic police and if the fine is not paid, this information will be displayed for all inspectors on service tablets. And for an overdue fine, you can get a new one. In addition to the old.

In addition, be aware that recently the traffic police inspectors have been given the right to detain any defaulter for up to two days with their further forwarding to court to clarify the circumstances of non-payment.

Now imagine the situation - Friday evening, you are driving home in anticipation of Sunday rest. And they stop you and put you behind bars. And given the fact that the court does not work on weekends, you will be in prison until Monday. And for this time the car will be closed in a car parking lot, then it will still need to be bought back.

Well, how do you like the prospects?

Probably there is no driver in our country who would not receive fines from photo and video cameras for traffic violations. In most cases, drivers, having received a fine from traffic police cameras by mail, try to pay it as soon as possible. Especially after it was introduced at the legislative level when paying a fine in the first 20 days, from the date of the decision on bringing to administrative responsibility.

And what do you think, is it possible, legally, not to pay for the photos and video recordings received from the cameras? It turns out you can. But we recommend doing this only to those who do not agree with bringing to administrative responsibility.

But what about those who did not receive the decree and only found out about the fine from the traffic police camera? We offer you a detailed one, which will explain in detail to you how you can legally not pay fines from photo and video cameras.

Attention! This guide is not a guide for those who want to legally evade administrative responsibility for traffic violations. This material is published purely for informational purposes and was created to help those drivers and owners of vehicles who, either were illegally brought to administrative responsibility, or because of the negligence of the traffic police or poor-quality work of the Russian Post did not receive a decision on bringing to administrative responsibility in time for violation of traffic rules, which ultimately led to missing the legal deadline for appealing the decision.

Where to check traffic fines?

At the moment, there are many different ones on the Internet that provide information about administrative fines assigned to drivers and vehicle owners for traffic violations. Unfortunately, such a number of different services does not mean the quality of the services provided.

The fact is that many services, in fact, duplicate information from the official website of the traffic police and the website of the State Services where the services are located that allow you to request online information about the accrued fines for violations of the rules road traffic... Also, many non-government services that provide online information about traffic fines often contain irrelevant, inaccurate and outdated information that can mislead persons using these services. Therefore, we recommend that drivers and car owners use only the following state online services for checking traffic fines:

• 1. On the official website of the traffic police (gibdd.ru)

• 2. On the official website of the State Services (gosuslugi.ru)

Consider the following situation. and the imposition of a fine for traffic violations, did not come or you simply did not receive it in the mail (intentionally or because of the poor work of the mail).

Before we go directly to the description of a legal way not to pay traffic fines from photo and video cameras, let's first find out what will happen if you do not pay fines from traffic police cameras?

Please note that if debit plastic cards are issued in your name in PJSC "Sberbank" of Russia, then at the moment, according to the legislation, a fine for violation of traffic rules within the period established by law may be issued from them. unilaterally automatically written off the amount of fines imposed on your name by the traffic police.

Please note that this can happen even if you have not received an order to bring you to administrative responsibility and impose a penalty on you in the form of a fine.

In particular, we receive complaints from drivers who claim cases of double debiting from Sberbank cards for the same traffic violation. In this case, people have to demand the return of overly debited amounts from Sberbank cards. But this is not so easy to do, since the bank writes off the amounts on the orders of the bailiffs.

In this case, in order to return your money, and at the same time return the automatically debited payment from the bank card back to your account, you first have to contact the bailiff.

By the way, if you think that this cannot happen to you because you always pay fines for traffic violations on time, then you are mistaken. As much as he can. And there are many such cases in our country. For example, such a write-off from a bank card can occur if the information about your payment of the fine has not reached the bailiff.

In this case, the bailiff, due to the lack of information about the payment of the fine, will issue a resolution to write off your debt under the fine from your bank account opened with Sberbank. Then this decree will be sent to the bank, which, in turn, will immediately write off the amount of the fine issued to you by the traffic police from your account tied to your bank card.

Thus, the payment of the fine does not mean that information about it will come to the traffic police and the bailiff service. After all, it is not uncommon when banks delay the transfer of information about paid fines to the traffic police and, also not uncommon, when the traffic police for some reason forgets to inform the bailiffs about the received payments for fines. As a result, it turns out that even conscientious payers of the fine can be considered debtors in the database of bailiffs for a long time.

In what cases does the traffic police submit the materials of an administrative case on the recovery of an unpaid fine to the bailiffs?

According to current legislation the administrative fine must be paid in full by the person brought to administrative responsibility no later than sixty days from the date of entry into force of the decision on the imposition of an administrative fine (Part 1 of Article 32.2 of the Administrative Code of the Russian Federation).

Also, part 5 of article 32.2 of the Code of Administrative Offenses of the Russian Federation regulates the procedure for the actions of the authorities that issued a decision on the appointment of a fine for violation of traffic rules. So, according to the legislation, in the absence of a document confirming the payment of an administrative fine and information on the payment of an administrative fine, in the State Information System on State and Municipal Payments, after 60 days from the date of entry into force of the decision on the imposition of an administrative fine, the judge, the body or official that issued the order makes a second copy of the said order and sends it within ten days to the bailiff-executor, for execution in the manner prescribed.

In the case of making a second copy of the decision to impose an administrative fine, in the form of an electronic document, legal force which is confirmed by an enhanced qualified electronic signature in accordance with the legislation Russian Federation, the specified second copy is sent to the bailiff-executor via information and telecommunication networks in electronic form.

In addition, a federal official executive power, structural unit, territorial body or other government body considered a case on an administrative offense, or an authorized person of a collegial body that considered a case on an administrative offense, draws up a protocol on an administrative offense provided for in Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation ( Evasion of execution of an administrative penalty ) , in relation to a person who has not paid an administrative fine.

According to part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, failure to pay a fine, within the time limit established by law, provides for liability in the form of an administrative fine in the amount of two times the amount of an unpaid administrative fine, but not less than one thousand rubles, or an administrative arrest for up to fifteen days, or compulsory work for up to fifty hours.

As you can see, if you have not paid the fine imposed on you for violation of traffic rules, then the traffic police have the right, after 60 days, to bring you to justice under Article 25.25 of the Administrative Code of the Russian Federation and send the case materials against you to the bailiff service to collect the unpaid fine.

But this is in theory, since the number of unpaid fines in our country is only growing and the traffic police are not able to send all materials on fines to bailiffs to collect debts (especially in cities of federal significance).

When does the decision on traffic violation recorded by traffic police cameras come into force?

According to the legislation (article 31.1 of the Code of Administrative Offenses of the Russian Federation), an administrative decision on violation of traffic rules comes into force:

After the expiration of the period established for appealing the decision in the case of an administrative offense, if the said decision has not been appealed or protested

After the expiration of the period established for appealing a decision on a complaint, a protest, if the said decision has not been appealed or protested, unless the decision cancels the decision

What is this period, which is established by the Code of Administrative Offenses of the Russian Federation for appealing against a decision in a case of an administrative offense?

This term according to part 1 of article 30.3 is 10 days from the date of delivery or receipt of a copy of the decree on bringing a person to administrative responsibility .

Accordingly, in addition to 60 days to pay the fine, you also have an additional ten days that are provided for holding you accountable for traffic violations.

But again, this is all in theory. If you think that you will not receive an order to bring you to administrative responsibility and it will not come into legal force, then you are mistaken. Our legislation is very contradictory and confusing. As a result, in our country a special practice has developed for the entry into force of decisions on bringing to administrative responsibility.

Here's the thing. Part 1 of Art. 30.3 and Art. 31.1 of the Code of Administrative Offenses of the Russian Federation stipulates that the decision on bringing to administrative responsibility comes into force after 10 days from the date of delivery or receipt of a copy of the decision, if it has not been appealed or protested, but the officials and bodies that issued the decision are also guided by other norms legislation, namely:

So, in accordance with part 2 of Article 29.11 of the Administrative Offenses Code of the Russian Federation, a copy of the order on bringing to administrative responsibility (in our example, the order on violation of traffic rules and the appointment of a fine from the camera of photo and video fixation) is sent within 3 days at the place of residence of the owner vehicle, from the moment of the decision.

If a copy of the decision on the appointment of a fine for violation of traffic rules was not received by the person who was brought to administrative responsibility, then it is returned to the authority that issued the decision. In this case, the body that issued the order on the fine for traffic violations is guided by the current rules for the provision of postal services of the Russian Federation.

So, according to paragraph 36 “ Of the Rules for the provision of postal services in the Russian Federation", The postal item is returned to the sender, in particular, if the addressee (or his legal representative) from its receipt, as well as in the absence of the addressee at the specified address.

Accordingly, on the day of entry into force of the decision on administrative case for violation of traffic rules, the date of receipt of a copy of the decree back to the authority that issued this decree will be considered, i.e., due to the absence of a person brought to administrative responsibility at the address of residence, or a person who avoided receiving a decree by mail against receipt.

Thus, in our country there was controversial practice the entry into force of decisions on administrative offenses. Therefore, if you have not received an administrative violation order by mail, this does not mean that it has not come into legal force. Especially when you consider how the Russian post office works.

Nevertheless, it is still possible to appeal the fine from the traffic police cameras that has come into force.

So, according to part 2 of article 30.3 of the Administrative Offenses Code of the Russian Federation, in the case of a 10-day pass to appeal against a decision on an administrative offense, the specified period can be restored by the judge or officials who are competent to consider such complaints about missing the deadline.

Now we come to the most interesting thing in our legislation, which can really help not to pay many fines from traffic police cameras. Here's what you should do. However, we draw your attention to the fact that the purpose of this article is not to teach drivers to evade responsibility for traffic violations.

We would like to draw your attention to the fact that this article of our material, which tells about how not to pay traffic fines on a legal basis, can help those drivers and car owners who were illegally brought to administrative responsibility and unfortunately missed the 10-day deadline for appealing decisions on fines due to the traffic police, which may not have sent the decree at the place of residence of the person brought to justice at all, and also, because of the unsatisfactory work of the Russian Post, which simply lost the decree on bringing you to administrative responsibility.

How not to pay a fine for a traffic violation?

And so let's imagine the situation that you did not receive a copy of the decree on bringing you to responsibility for violation of traffic rules recorded by cameras of photo and video fixation specifically for some reason, or for other circumstances beyond your control (for example, the traffic police sent you a letter with a copy the resolution, but it did not reach you, because the postal workers put a registered letter notice that someone pulled out in your open mailbox).

Accordingly, you either did not know that a fine was imposed on you for violating traffic rules, or you intentionally, for some reason, did not pay the fine.

As a result, the traffic police should have received a copy of the decree back. As a result, the decree on bringing you to responsibility should have come into force from the date of receipt of the registered letter sent back to you by the traffic police.

Recall that according to the Law, from the moment the decision on an administrative offense entered into force, the period for payment of the fine began to run, which is 60 days.

Naturally, if you did not know about bringing you to responsibility or did not intend to receive a copy of the order imposing a fine on you for violating traffic rules, then you missed the grace period (20 days) for paying the fine, during which the law allows you to pay only half the amount of the fine.

Further, upon the expiration of the 60-day period established for the payment of a fine in an administrative case, the traffic police have the right to hold you accountable for non-payment of the fine within the time limit established by law and then send the case materials to the bailiff, who, in turn, will collect from you unpaid fine.

And so, let's look at a common situation. You receive a certified letter from the bailiff service in which the bailiff notifies you that enforcement proceedings have been initiated against you, about the collection of a debt on an unpaid fine to the traffic police. Do not rush to run to the bailiff service and pay a fine for an administrative offense (traffic violation), which has already entered into force.

Here's what you must do to suspend a bailiff and most likely to cancel the administrative case against you, which means completely cancel the imposed fine for traffic violations recorded by the traffic police cameras:

After receiving a letter from the bailiff stating that you have an unpaid fine (s), you must write to the bailiff-executor a letter stating that you, as the owner of the vehicle, sent a complaint (indicate the date of the allegedly sent complaint) to district court, on the decision of the traffic police to bring you to administrative responsibility No. ... (the number of the order will be indicated in the letter of the bailiff, or you can find it on the official website of the traffic police at: https://www.gibdd.ru/check/fines/ on the official website of the State Services at: gosuslugi.ru).

In connection with your complaint (even if you have not actually filed it yet), you must ask the bailiff-executor to suspend the enforcement proceedings against you (indicate the number of the enforcement proceedings, which should be indicated in the letter of the bailiff) in connection with the fact that the decision did not come into legal force. And once again, yes, it is this reasoning that must be indicated in your response letter to the bailiff, which you must send by mail.

Please note that the bailiff may require you to provide a copy of the court's ruling on the acceptance of this complaint by the judicial authority.

In this case, do not react to this request.... If the bailiff knows your mobile or home phone number, then he can contact you by phone and demand to submit a court ruling on the acceptance of a complaint against an administrative offense order for consideration by the court. In this situation, also do not respond to such calls.

In any case, if the bailiff-executor demands from you a copy of the court ruling on the acceptance of your complaint, on the order to bring you to administrative responsibility, inform him that a copy will be provided only after a written request to you. Also inform the bailiff that he can request a copy of the order in the court to which you filed a complaint.

Also, knowing the number of the decree on bringing you to administrative responsibility for violation of traffic rules, the photo and video recording recorded by cameras, having received a letter from the bailiff, you can immediately send a complaint to the district court against the decision to bring you to administrative responsibility. True, as we have already said, by the time you receive a letter from a bailiff, namely a resolution on an administrative offense, it will already be considered valid. Accordingly, along with the complaint against the decision, a petition must also be filed with the district court to restore the time limit established by the law for the appeal that you missed.

As grounds for restoring the missed deadline for appealing an administrative order against you, you must indicate in your petition the following that you did not receive the order by mail and it was not handed to you personally against receipt. Do not forget to also indicate in your petition to the district court that due to the fact that you, having not received a decision to bring you to administrative responsibility, could not appeal the decision within the time limit established by law (10 days from the moment you received a copy of the decision in your hands). Accordingly, the restoration of the time limit for appealing the decision is your legal requirement.

In 90 percent of cases, the court will take into account your petition and restore the legal time frame to appeal your complaint against the order to bring you to administrative responsibility due to the fact that you did not actually receive a copy of the order from the traffic police. As a result, your complaint will be accepted by the court for processing.

In accordance with the current legislation, the court, having accepted your complaint to court proceedings, is obliged to claim all the materials of the case by making a request to the bailiff service and to the traffic police. In our case, we are talking about a decision to hold you accountable for traffic violations recorded by photo video cameras. Accordingly, the court will have to request from the CAFAP (Center for Automated Recording of Administrative Offenses) the original order to bring you to justice, or its official duplicate.

Further, the judge will most likely summon a representative of the CAFAP to attend the court session, which most likely will not appear in court (in 99 percent of cases, representatives of the CAFAP do not appear in court sessions).

And now the most important thing... In most cases, CAFAP will not send the court the original or a duplicate of the decision, since by the time the materials of the case on administrative offenses are sent to the bailiff service, the original document no longer exists due to the destruction of the case materials. As a result, and most likely, CAFAP will either not respond to the court's request, or will send to the court an ordinary copy of the order on bringing you to administrative responsibility.

Since a copy of the decision by virtue of the law cannot be attached to the court materials, the court in most such cases will decide to terminate the administrative case, due to the absence of corpus delicti.

The fact is that, according to the current legislation, only the original of the resolution or its duplicate can be recognized the judiciary as admissible evidence of the guilt of a person who committed an administrative offense.

As a result, the decision against you in an administrative case will be canceled due to the lack of evidence of your guilt, as a result of which the traffic police imposed a fine on you.