One of the types of negative legal sanctions for a physical, legal or official person are fines. Judicial constitute the majority. They will be discussed further.
Such sanctions can impose many government regulatory agencies. For example, an inspection in the field of labor protection for the employer, Rospotrebnadzor on public catering enterprises, etc.
As for the violation of traffic rules, there will be told only about such a thing as traffic police fines.
The traffic police themselves do not have the right to impose sanctions on the offender. She only initiates administrative records management.
Drawing up a protocol is the first stage. Be sure to know very important information for legally unprepared citizens.
Drawing up the protocol does not oblige to pay.
The only source on the basis of which administrative fines “appear” are court orders and rulings.
If a citizen believes that his actions are notnothing illegal, and the traffic police "found something there", the only true action in this situation would be to disagree with the drawn up protocol.
This position should be fundamental.A signature in the protocol on administrative offenses would actually mean that the citizen agreed with the violations. To defend their position will be very difficult.
How to properly disagree with the protocol? There are no definite rules, but the best wording is:
You can write directly in the document next to your signature. And the painting after this phrase with decoding.
Важно знать – инспектор ГИБДД обязан выдать копию protocol upon request. The refusal can be interpreted as a violation of the rights of the citizen by the inspector. It should be borne in mind that the state free "defender" is supposed only in criminal cases. But you can demand a delay from the signature until the arrival of a personal lawyer. If, of course, he will. If not, you can also write a similar wording. At trial, it will mean that the citizen does not agree with the protocol on administrative offenses, but could not justify it due to legal ignorance. Do not be afraid to appear "fool" in court. It is much worse when the “most intelligent” acts are completely illiterate, in terms of jurisprudence, acts.
The most important thing is the competitiveness of the parties.That is, the court will not "automatically" make a decision, which, as a rule, ends not in favor of citizens. In fact, it investigates all the arguments and arguments that a professional lawyer can prepare.
The size of court fines depends on the type of offense. All of them are listed in the Administrative Code.
In accordance with the civil procedure code, within ten calendar days there is a right to reduce fines. Court orders are canceled by filing a private complaint.
To the authority where the decision was takenmaking For example, the Egoryevsky District Court issued a decision imposing an administrative fine. Within ten calendar days from the date of making it is in it you need to file a private complaint with the above arguments about the reduction of the fine. Up to zero if the citizen does not agree with him. The traffic police may, on the contrary, file a private complaint about the increase, if the court is on the side of the citizen and cancels it.
В этой ситуации можно восстановить пропущенный time limit There is a need for a reasoned reason, which objectively makes it clear to the court that a citizen could not make a private complaint on a decision rendered in time.
Possible scenarios on which the courts rely when restoring the missed procedural time limit:
The last point implies "special" reasons that the courts consider to be valid. But the first three, as a rule, are interpreted by them almost always as “objective”.
So, a protocol of administrative violation was drawn up by the competent authorities. A trial has passed, the result is a fine. Then a new stage begins - the collection of fines by bailiffs.
But this can be avoided if two conditions are fulfilled simultaneously:
But a lot of similar cases are as follows.the script. Did not know about the violation. Not notified about the trial. Not warned about the measures of enforcement proceedings. As a result - blocking accounts at the most inopportune moment. Money is urgently needed, and the bailiffs ’department for the recovery of administrative fines has“ removed ”them (it is this government department that deals with such cases).
Many know that there are statutes of limitation inthe traffic police base, after which the bailiffs “will be left behind”, fines will disappear But for this it is necessary to “wait” 2 years 10 days. A dozen is the time to appeal a court ruling, after which it comes into force. The limitation period is 2 years. But it is necessary to think very well, is it worth waiting for this time? The late payment of court fines leads to the following negative consequences:
You can draw certain conclusions and think, is it worth it to shy away from fines? In addition, there are some nuances, after which the statute of limitations can be restored.
Ideal - the bailiffs are not lookingthe property of the debtor or it simply was not, the executive case was closed, and the information was updated in the traffic police database. But such a “happy” scenario was rarely given to anyone, and many received fines and penalties.
Many citizens do not know or forget about their violations. Habit to postpone, accidentally discarded receipt with a fine, etc.
As a result - an unpleasant blocking of a bank card and an increase in the fine. But how do you know if a citizen is “clean” before the law or somewhere above speed, for example?
Previously, this procedure was soroutine that took a lot of time. At first, citizens appealed to the traffic police personally, recognized the spice officer who issued the fine, raised the file in the archive. Already, at the thought of such a procedure, there are "goosebumps" on the skin. And a few years ago it was the norm. Today you can find out about your debts in one of several ways:
The last service is the most “long”. However, this offers several advantages.
"Difficulty" lies in the fact thatobtaining the necessary information will have to register and create your own account. But such a procedure can make life much easier in the future, since it makes it possible not only to find out about your fines, but also to pay them. In addition, the portal provides a number of other features. You can learn about traffic police fines by selecting the section “The Ministry of Internal Affairs of the Russian Federation”. Clicking on it, the item “Providing information on violations in the field of road traffic” will be highlighted. Next - "Get the service."
Court fines are a serious matter, so don’t delay paying them.
