Administrative fines: their execution and periods of limitation
The amounts of unpaid fines in Russia includenot one billion rubles. There are offenses, but there are no payments for them. Administrative fines are a monetary penalty and punishment for administrative violations, of which there are more than 20 types. In addition to punishment, the fine is called upon to perform the function of compensation for harm caused by the violation, as well as preventive (preventive) measure.
Penalties of this kind do not apply to:
- military, who are on duty;
- cadets of military vocational schools;
- adolescents (up to 14 years). The parents are responsible for them.
Payment procedure, sanctions in case of non-payment
Administrative fines are paid per monthterm. The count starts from the day they were discharged. A fine directed against a citizen can not be more than 5,000 rubles. Officials may lose up to 50,000 rubles in case of punishment, and a legal entity - up to one million. If the punished person does not pay on time, the fine can be doubled. And if he does not pay again, then a person can be arrested up to 15 days.
After administrative fines have been paid, the violation is deemed to be over.
By law, a month will pass before the judicialpolice officers will take any action against those who did not pay the fine. After this time, the bailiffs receive a document from the court on non-payment and all materials in order to work further to get money to the budget. A new protocol is being drawn up that another offense has been committed - a fine has not been paid. A copy of the report is sent to the court.
Thus, without paying administrative finesin the amount of 1 to 5 thousand rubles, a person receives another fine in the same amount, runs the risk of being arrested, loads legal proceedings, and in addition falls into the hands of bailiffs. They have the right
- prohibit travel outside Russia;
- freeze bank accounts;
- to seize the car, property and other property of the debtor in order to realize it and ensure payment of arrears.
The practice of arrest imposed on a car is widely used for fines issued by the State Traffic Safety Inspectorate.
Then the necessary actions are takenparties of the court and bailiffs who supplement the penalty by 7% of the fine (but not less than 500 rubles) and give the debtor another 5 days to pay administrative fines.
A simple example: if a citizen is fined 200 rubles, then if he fails to pay, he doubles, then the fee for execution and production of the case - twice for 500 rubles, total - the total amount will be 1600 rubles. This is already enough to stop going abroad and seizing property. It's easier to go to the bank and pay a fine, having spent a maximum of half an hour on the procedure.
Possibility of deferred payment and notification of payment
A fine must be issued in accordance withrules of execution of the decision. If they are violated, the citizen has the right to file a complaint with the court. The actions of employees who have issued a fine may also be appealed if they were unlawful. You can write to the court an application to postpone the execution of the resolution, ask for payment by installments (for a period of three months).
A copy of the payment document does not need to be presented anywhere. But since the documents go for a long time, and you have a trip abroad, do not be lazy to make a note about payment and save the receipt.
A continuing administrative offense
The concept of an offense, which is attributed tolasting, implies such a violation, which has a long period of time. That is, in the past, the law has been violated and is being violated to the present day. This is a long and unending offense. From what the offense is, the time from which the limitation of actions begins begins depends. If the violation relates to the category of those continuing, the calculation of this period in relation to it is suspended.
The statute of limitations for administrativeoffenses is one year. But the restriction on leaving may last longer than this time, depending on the time of the decision on the restriction.