The content of the article:
- Who and under what conditions will be able to pay fines at a discount
- Payment recommendations
- Features of payment and law enforcement practice
Since January 1, 2016, Russian violating drivers who do not comply with road rules have an incentive to pay fines on time. Russian lawmakers decided to stimulate them by adopting Federal Law No. 437-FZ, which allows violators to pay only half of the fine.
Additionally, in article 32.2 of the Code of Administrative Offenses of the Russian Federation, a new part 1.3 appeared, which regulates the payment of fines on preferential terms, with a 50% discount. But, at the same time, a discount for paying a fine is not always given and only within a certain grace period.
Who and under what conditions will be able to pay fines at a discount
At the moment, partial payment of the fine is possible only for transactions with current payments. That is, with payments that were not overdue, and in respect of which there was no legal proceeding. Therefore, the payment of the fine with a preferential 50% discount is only possible as a current payment.
So, you can pay a penalty with a 50% discount under the following conditions:
- Half (50%) of the penalty must be paid within 20 days from the date on which the penalty was ordered.
- If the driver is not given a deferral or installment plan to pay the fine.
- If the driver does not repeat the same violation within 1 year after paying the fine for the same violation.
The date of the decision is the day when the decision to charge a fine was issued in the traffic police (or in court).
Previously, before the amendments were made to Article 32.2 of the Administrative Code, the minimum fine was 500 rubles, but after these changes, for certain violations it will be possible to pay a fine less than the minimum.
The penalty administrative order must indicate the details of the recipient of the fine, the amount without discount and the amount with a discount.
Violations of the Code of Administrative Offenses of the Russian Federation, which are covered by a discount payment
(Part 1.1 of Art.12.1), (Art.12.2), (Art.12.3), (Art.12.4), (Art.12.5), (Art.12.6), (Art.12.7), (Art.12. 9), (Art.12.10), (Art.12.11), (Art.12.12), (Art.12.13), (Art.12.14), (Art.12.17), (Art.12.18), (Art.12.19) , (Art.12.22), (Art.12.23), (Art.12.29), (Art.12.36), (Art.12.37).
Violations of the Code of Administrative Offenses of the Russian Federation, which are NOT covered by the discount
Drivers who have committed a single serious violation and who have not seriously violated the traffic rules, but more than once a year (repeatedly the same violation), will not be able to pay fines with a 50% discount.
Single serious traffic violations: (v. 12.8), (v. 12.24), (v. 12.26).
Repeated minor traffic violations: (part 3 of Art.12.12), (Part 5 of Art.12.15), (Part 3.1 of Art.12.16), (Part 12.1), (Part 6 and 7 of Art.12.9).
Payment recommendations
You should not hesitate in paying the fine until 2-3 days are left until the end of the grace period, since it may take some time to register the fact of the payment of the fine in the databases. The bank will need time to make a payment through a special payment system GIS GMP. Some banks may refuse to accept a discounted payment if there are only 2-3 days left until the grace 20 days expire. If the payment appears in the database on the 21st day, then the preferential discount on the fine will be lost and the fine will have to be paid in full.
Before paying a fine through an electronic terminal, you should take into account and calculate the amount of the commission charged, which will be deducted from the payment amount.
When using the online traffic police payment system, the amount of payment, taking into account the discount, will be calculated automatically.
It is recommended to check the appearance of new penalties on reliable Internet sites and every week, so as not to be late with the payment of the penalty during the discount period. Often, information on violations detected using photofixation cameras comes with a long delay.
Features of payment and law enforcement practice
During the period of the law, which allows paying half of the fine, many drivers had questions about the practical use of this opportunity.
Will there be a penalty discount if a copy of the penalty order was delivered late by mail after the 20-day deadline?
At the moment, for the automatic extension of the 20-day period due to late mail notification through no fault of the driver, it is necessary to make the necessary changes to the Administrative Code. So far, there are no such changes, and drivers have only the opportunity to submit petitions to the traffic police or to the court with a request to restore the validity of the discount.
According to the clarification of the Constitutional Court, until the legislators make changes to the Administrative Code, the law enforcement authorities, applying part 1.3 of Article 32.2 of the Administrative Code, should not refuse to consider applications with a request to restore the validity of the discount.
Often, the traffic police issue a decision on a fine a week later, and sometimes a month (maximum 2 months) after a violation was recorded by a road surveillance camera.
Is it possible to pay fines at a discount if the vehicle is registered for an organization (legal entity), and not for a citizen (individual)?
Yes, you can. In this case, the Code of Administrative Offenses of the Russian Federation does not distinguish between private traders and legal entities.
Which 20 days are calendar or working days?
Twenty days are considered calendar days. Explanations on the calculation of time limits are given in article 4.8 of the Administrative Code of the Russian Federation.
The penalty must be paid within a 20-day calendar period, starting exactly from the date of the decision, and not from the date of the violation.
Will the driver be able to appeal against the accrual of the fine if he has already paid the fine with a discount?
According to the clarification of the Constitutional Court of the Russian Federation No. 35-P (dated 04.12.2017), partial or full payment of the fine on a voluntary basis does not deprive the citizen of the right to the presumption of innocence and is not evidence of his guilt. Therefore, the payment of the fine does not deprive the citizen of the right to appeal against the decision of officials or state bodies.
When appealing a fine, it should be remembered that an official can consider a complaint for 10 days, and the term for considering a complaint in a court is 60 days. At the same time, the countdown of the 20-day payment deadline is not suspended during the consideration of the complaint.
Is it possible to return the amount equal to the 50% discount if the penalty was paid in full?
It is not uncommon for drivers to pay the full fine, not knowing that they can only pay half. And, naturally, having learned about the 50% discount, they start thinking about refunding the amount that could not have been paid.
In this situation, the traffic police explains that the use of discounts when paying off fines is not an obligation, but a voluntary matter. This is just an opportunity that drivers can take advantage of or not. But in any case, with or without a discount, payment of the fine will be considered a proper execution of the penalty order, and there will be no refund in this case.
Conclusion
There are a huge number of different laws and regulations. And among them there are those that make life much easier for drivers and can significantly save money in various situations. Therefore, all drivers are advised to study the Code of Administrative Offenses well and in detail and try to always be aware of legislative changes and innovations.
