Attention! State traffic inspectorate of Sevastopol: the procedure for bringing to responsibility for non-payment of administrative fines has changed

CrimeaPRESS reports:

On August 15, 2023, the Federal Law of August 4, 2023 No. 425-FZ “On Amendments to the Code of Administrative Offenses of the Russian Federation” came into force. The federal law has increased the limitation period for bringing to administrative responsibility for non-payment of an administrative fine within the period provided for by the Code of the Russian Federation on Administrative Offenses from three months to a year.

Significant changes have affected persons who have committed an administrative offense on a vehicle registered in a foreign state. Such persons include citizens of the Russian Federation, stateless persons, foreign citizens, Russian and foreign legal entities.

The authority to consider cases of administrative offenses provided for by Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation in relation to non-payers of fines for violations provided for by Chapter 12 of the Code of Administrative Offenses of the Russian Federation on a foreign vehicle is vested in officials of the State Road Safety Inspectorate (clauses 5 and 6 Part 2 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation).

The case of an administrative offense under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, initiated against an offender in a foreign vehicle, is considered both by employees of the State traffic inspectorate and by judges at the place of detection.

The date of non-payment of an administrative fine occurs after 60 days from the date of entry into force of the decision on its imposition or on the day the foreign transport leaves the territory of the Russian Federation, depending on which of these events occurs earlier.

At the same time, it should be taken into account that the imposition of administrative penalties in the form of administrative arrest or compulsory labor is referred to the exclusive competence of the judge. In order to apply these penalties, as well as in case of non-payment of an administrative fine imposed for an administrative offense under Article 11.23 of the Code of Administrative Offenses, committed on a foreign vehicle, the case of an administrative offense is transferred for consideration to a justice of the peace immediately.

In order to suppress the administrative offense provided for by Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation (in terms of non-payment of an administrative fine imposed for an administrative offense provided for by Articles 11.23, 11.26, 11.27 or 11.29, or by Chapter 12 of the Code of Administrative Offenses, committed on a foreign transport), employees of the State traffic inspectorate have the right apply a measure of security in the form of detention of the vehicle. At the same time, detention can be carried out by moving the detained foreign transport by its driver or an employee of the State traffic inspectorate and placing it in the nearest specially designated guarded place (to a specialized parking lot), as well as by stopping movement with the help of blocking devices.

The decision to terminate the said detention or to return the vehicle is made by officials only after the payment of administrative fines (assigned for an administrative offense previously committed on a foreign vehicle, provided for in Article 11.23 or Chapter 12 of the Code of Administrative Offenses, as well as in part 1 of Article 20.25 of the Code of Administrative Offenses).

In accordance with paragraph 4 of Article 31.1 of the Code of Administrative Offenses of the Russian Federation, a decision in a case of an administrative offense on the imposition of an administrative penalty for an administrative offense provided for in Articles 11.23, 11.26, 11.27 or 11.29 or Chapter 12 of the Code of Administrative Offenses of the Russian Federation, if it is committed using a foreign vehicle, enters into force from the date of its issuance.

Part 1 of Article 32.2 of the Code of Administrative Offenses, as amended, obliges the offender to pay a fine in a foreign vehicle (taking into account the changes made to Article 31.1 of the Code of Administrative Offenses) from the date of the decision on the case of an administrative offense until the departure of foreign vehicles from the territory of the Russian Federation for an administrative offense, provided for in Article 11.23, 11.26, 11.27 or 11.29 or Chapter 12 of the Code of Administrative Offenses, committed on a foreign vehicle, or part 1 of Article 20.25 of the Code of Administrative Offenses (in terms of non-payment of an administrative fine for similar offenses).

Amendments have been made to Part 3 of Article 31.5 of the Code of Administrative Offenses of the Russian Federation, expanding both the list of elements of administrative offenses (Articles 11.23, 11.26, 11.27, 11.29, or Chapter 12 of the Code of Administrative Offenses of the Russian Federation, or part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation), and the subjects of an administrative offense (an offender in a foreign vehicle), in respect of which the delay or installment plan for the execution of a decision on the imposition of an administrative penalty in the form of an administrative fine is not applied.

Detailed information about the amendments to the Code of the Russian Federation can be found by clicking here. link.

source: State traffic inspectorate of the Ministry of Internal Affairs of Russia for the city of Sevastopol

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