Fines for judicial purposes. The Civil Procedure Code of the Russian Federation

One of the types of negative legal sanctions for a physical, legal or official are fines. The judicial make up the majority. They will be discussed further on.

Administrative fines: judicial decisions to award

Such sanctions can be imposed by many state control bodies. For example, the inspection in the field of labor protection for the employer, Rospotrebnadzor for catering enterprises, etc.

As for the violation of traffic rules, only the concept of forensic fines of the State Traffic Safety Inspectorate will be discussed here.

Traffic police alone has no right to impose sanctions on the offender. It only initiates administrative records management.

Drafting the protocol is the first stage. It is necessary to know very important information for legally unprepared citizens.

The drafting of a protocol does not oblige you to pay.

The only source on the basis of which administrative fines appear are judicial orders and definitions.

The rules did not violate, but the protocol is made up. What to do

If a citizen believes that there is nothing illegal in his actions, and the traffic police "found something" there, the only true action in this situation will not agree with the drafted protocol.

This position should be principled. The signature in the protocol on administrative offenses will in fact mean that the citizen has agreed with violations. Defend your position will be very difficult.

How to properly issue a "disagreement" with the protocol? There are no specific rules, but the best wording:

• "I do not agree with the protocol, I require a copy and qualified legal assistance."

You can write directly in the document near your signature. And painting after this phrase with decoding.

It is important to know that the inspector of the State Traffic Safety Inspectorate is obliged to issue a copy of the protocol upon demand. Refusal can be interpreted as a violation of the rights of a citizen by the inspector. It should be borne in mind that the state free "defender" relies only on criminal cases. But you can demand a delay from the signature before the arrival of a personal lawyer. If, of course, he will. If not, you can also write a similar wording. At the trial, it will mean that the citizen does not agree with the protocol on administrative violations, but was unable to justify this because of legal illiteracy. Do not be afraid to appear "fool" in court. It is much worse when "the smartest" commits absolutely illiterate acts, from the point of view of jurisprudence.

What is the disagreement with the protocol?

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. And in fact he explores all the arguments and arguments that a professional lawyer can prepare.

The court imposed sanctions, which I disagree with. What to do?

The amount of judicial fines depends on the type of offense. All of them are listed in the Administrative Code of the Russian Federation.

In accordance with the Civil Procedure Code, within ten calendar days, there is the right to reduce fines. Judicial decisions are canceled by filing a private complaint.

Where should I serve?

In that instance, where the decision was made on the removal. For example, the Yegoryevsky District Court ruled on imposing an administrative fine. Within ten calendar days from the date of the decision, it is necessary to file a private complaint with the arguments on the reduction of the fine. Up to zero, if the citizen does not agree with him. The traffic police can, on the contrary, file a private complaint of an increase if the court finds itself on the side of the citizen and abolishes it.

I missed a ten-day period for filing a private complaint. What to do?

In this situation, you can restore the missed time. A reasoned reason is necessary, which will objectively inform the court that a citizen could not file a private complaint on the decision in time.

Possible scenarios on which courts rely on the restoration of a missed procedural deadline:

1. A citizen did not receive a copy of the court in time. I did not know anything about him.
2. Physically could not file a private complaint. Disease, trauma, etc.
3. Was on a business trip.
4. Other.

The last point implies "special" reasons, which courts consider respectable. But the first three, as a rule, are treated by them almost always as "obektivnye."

Stage three: bailiffs. Penalties and fines

So, a protocol on administrative violation was drawn up by the competent authorities. The court passed, the result - a fine. Then a new stage begins - the collection of fines by bailiffs.

But this can be avoided if two conditions are fulfilled simultaneously:

• Know about the sanctions imposed by the court.
• Immediately pay a fine.

But many similar cases take place according to the following scenario. I did not know about the violation. Not notified of the trial. Not warned about the measures of enforcement proceedings. As a result - the blocking of accounts at the most inopportune moment. Urgent need of money, and they "removed" the department of bailiffs to recover administrative fines (this particular government department is engaged in similar cases).

If you do not pay, what will happen?

Many know that there are statute of limitations in the base of the State Traffic Safety Inspectorate, after which the bailiffs will "fall behind", the fines will disappear. But for this it is necessary to "wait" for 2 years 10 days. Ten is the time to appeal the court decision, after which it comes into force. The limitation period is 2 years. But you need to think very carefully, is it worth waiting for this time? Untimely payment of judicial fines leads to the following negative consequences:

• After a 60-day period after the court decision on the administrative penalty will double its size.
• Arrest any property of the debtor.
• They will impose a ban on going abroad.
• They will withhold a 7 per cent fee for enforcement proceedings.

It is possible to draw certain conclusions and to think, whether it is necessary to evade fines in general? In addition, there are some nuances after which the limitation period can be restored.

The ideal option - the bailiffs did not search for the property of the debtor or simply did not have it, they closed the case file, and in the database of the State Traffic Safety Inspectorate the information was updated. But such a "happy" scenario was seldom given to anyone, and fines and penalties were received by many.

Many citizens do not know or forget about their violations. The habit of postponing for later, accidentally discarded receipt with a fine, etc.

As a result - an unpleasant blocking of the bank card and an increase in the penalty. But how to find out whether a citizen is "clean" before the law or somewhere exceeded the speed, for example?

How to find out about fines

Previously, such a procedure was so routine that it took a lot of time. At first, citizens applied to the traffic police in person, they recognized the inspector who had issued the fine and raised the case in the archive. Even now, when thinking about this procedure, there are "goose bumps" on the skin. A few years ago this was the norm. Today you can learn about your debts in one of several ways:

• On the official website of the traffic police (gibdd dot ru).
• Through SMS. For example, by sending to the number 9112 the text "Traffic police no. № driver's license." Such services are paid. Typically, these services themselves enter personal data on official sites and receive all the information that is then sent via SMS.
• In the department of bailiffs to recover administrative fines at the place of registration.
• Portal State services (gosuslugi dot ru).

The last service is the most "long". However, this gives a number of advantages.

Portal of state services

"Complexity" is that before obtaining the necessary information you will have to register and create your own account. But such a procedure can significantly facilitate life in the future, since it gives you the opportunity not only to learn about your fines, but also to pay them. In addition, the portal provides a number of other possibilities. You can find out about the fines of the State Traffic Safety Inspectorate by selecting the section "Ministry of Internal Affairs of the Russian Federation". Having passed on it, the item "Providing information about violations in the field of traffic" will be highlighted. Next - "Get a service."

Judicial fines are a serious matter, so do not delay with their payment.