; pp. 57, 61 Resolution of the Plenum of the Supreme Arbitration Court of July 30, 2013 No. 57 (hereinafter referred to as Resolution No. 57).

It would seem that everything is simple, but questions about the calculation of penalties still arise. We will answer some in our article.

Penalties in case of overpayment

E.K. Stepanova, Moscow

In the current period, we discovered an understatement of revenue in the fourth quarter of 2013. We are going to submit updated VAT and income tax returns. We do not need to pay additional taxes, since today and at the end of 2013 we have and have had an overpayment of these taxes, which will cover our underpayment. In this case, is it necessary to calculate and pay penalties? And if necessary, how to calculate them, since there were no late tax payments.

: There is no need to accrue or pay penalties. They are charged only if there is arrears. So, if the company has an overpayment (in front card settlements with the budget), which is equal to the amount of tax payable or exceeds it, then in fact there is no debt to the budget subp. 5 p. 1 art. 21, art. 78 Tax Code of the Russian Federation. Taxpayers can offset overpayments against arrears on their own, without an application from the taxpayer. clause 5 art. 78 Tax Code of the Russian Federation. After the offset, the budget does not incur any losses. Definition of the Constitutional Court dated May 29, 2014 No. 1069-O. Therefore, penalties are not charged in this case.

By the way, there are no official explanations from officials on this issue. And the courts recognize it as illegal for the inspectorate to charge penalties in the event of overpayments Resolution of the Federal Antimonopoly Service of the Central Election Commission dated March 28, 2014 No. A09-1913/2013; FAS DVO dated November 27, 2013 No. F03-5475/2013; 4 AAS dated September 26, 2013 No. A78-927/2013.

Penalties before a decision on offset is made

T.V. Morozova, Novosibirsk

We had an overpayment of income tax, which we wanted to offset against VAT. We calculated VAT for the fourth quarter of 2015 and on January 20, 2016 we submitted an application to the inspectorate to offset the overpayment. The inspectorate made the decision on the offset only on January 29, that is, later deadline payment of VAT. Can tax authorities charge us penalties?

: Yes, there is such a possibility. To offset the existing overpayment against the upcoming tax payments an application from the taxpayer is required clause 4 art. 78 Tax Code of the Russian Federation. After all, tax authorities do not know exactly what amount of overpayment and what tax you want to offset. The inspectorate has 10 working days from the date of receipt to make a decision on the application. clause 6 art. 6.1, paragraph 4 of Art. 78 Tax Code of the Russian Federation. In this case, the obligation to pay tax is considered fulfilled from the date of the decision to offset it. subp. 4 p. 3 art. 45 Tax Code of the Russian Federation. The Ministry of Finance concludes from this that if the decision on offset is made after the expiration of the established period for paying the tax, then such tax was paid untimely. And before the date of the decision on set-off (if it is made within the specified 10-day period), penalties will have to be paid Letters of the Ministry of Finance dated July 25, 2011 No. 03-02-07/1-260, dated August 2, 2011 No. 03-02-07/1-273. And here arbitrage practice on the issue of accrual of penalties before the offset date in the presence of an overpayment is contradictory. Recent decisions have been made in favor of the tax authorities in Resolution of the AS ZSO dated May 26, 2015 No. Ф04-18993/2015.

By the way, if the Federal Tax Service did not meet the 10 days allotted for making a decision on offset, then penalties will still be collected, because the tax was not paid on time Articles 44, 45 of the Tax Code of the Russian Federation. The only question here is the period of their accrual. This is what the Federal Tax Service explained to us about this.

FROM AUTHENTIC SOURCES

Advisor to the State Civil Service of the Russian Federation, 2nd class

“According to the provisions of Art. 44 of the Tax Code of the Russian Federation in correspondence with Art. 78 of the Tax Code of the Russian Federation, the obligation to pay tax ceases on the day the decision is made to offset the overpaid tax. At the same time, in accordance with Art. 75 of the Tax Code of the Russian Federation, penalties are accrued for each calendar day of delay in fulfilling the obligation to pay tax. In this regard, since the Tax Code of the Russian Federation does not establish otherwise, penalties are accrued until the date of the decision on offset, even if the inspection violated the deadline provided for in paragraph 4 of Art. 78 Tax Code of the Russian Federation.”

Of course, such a position is extremely unprofitable, especially since for violation of the deadline for making a decision on offset of overpaid amounts, interest is not accrued in favor of the taxpayer clause 2 art. 78 Tax Code of the Russian Federation. So you need to apply for credit in advance.

Penalty in case of failure to pay penalties when submitting an amendment with an increased tax

V.E. Pavlova, Tver

Our organization submitted an updated VAT return, the amount of additional tax was paid before filing the update, but we did not calculate the penalty and did not pay it. Can the organization be held liable?

: Yes, after desk audit updated declaration, your company may be fined for failure to pay taxes on time Art. 122 Tax Code of the Russian Federation.

Indeed, when submitting an amendment, the taxpayer is released from liability, in particular, provided that before its submission he paid the missing amount of tax and the corresponding penalties for the period of delay and subp. 1 clause 4 art. 81 Tax Code of the Russian Federation. And if the debt on penalties has not been repaid, then there are no grounds for exemption from the fine clause 3 of the motivational part of the Constitutional Court’s Determination No. 1572-О-О dated 07.12.2010.

Courts in Lately think the same Resolutions of the AS SZO dated December 18, 2014 No. A56-15646/2014; AS UO dated October 3, 2014 No. F09-6030/14; ; FAS MO dated August 14, 2013 No. A41-20951/12.

In this case, filing updated declarations and paying arrears can be taken into account as circumstances mitigating liability Resolution of the Presidium of the Supreme Arbitration Court of April 26, 2011 No. 11185/10; AS SZO dated December 18, 2014 No. A56-15646/2014; FAS ZSO dated June 25, 2013 No. A81-1410/2012. That is, the amount of the fine under Art. 122 of the Tax Code of the Russian Federation can be reduced by at least two times subp. 3 p. 1 art. 112, paragraph 3 of Art. 114 Tax Code of the Russian Federation.

Previously, there were opposing decisions in which judges indicated that the fact of non-payment of penalties before the submission of an updated declaration does not in itself constitute an offense established by Art. 122 Tax Code of the Russian Federation Resolution of the Federal Antimonopoly Service of the North-West District dated August 29, 2011 No. A56-42827/2010; FAS UO dated January 24, 2011 No. Ф09-11435/10-С3; FAS North Caucasus Region dated 09.08.2010 No. A53-30147/2009.

Calculation of penalties to the tax agent

A.P. Sergeeva, Vladimir

After the employee was dismissed in 2015, it was discovered that personal income tax was not withheld from part of the income paid to him. In this case, can penalties be collected from the company as a tax agent? If yes, for what period?

: Yes, the company may be charged a penalty clause 5 art. 24, pp. 1, 7 tbsp. 75 Tax Code of the Russian Federation. This is indicated by the courts, including the Supreme Court clause 2 of Resolution No. 57; Resolution of the Presidium of the Supreme Arbitration Court of January 12, 2010 No. 12000/09; FAS North Caucasus Region dated June 17, 2014 No. A32-11484/2012; FAS PO dated January 23, 2014 No. A06-3662/2012.

As you know, if the tax agent for some reason did not withhold from the amount paid personal income tax, he is obliged, no later than March 1 of the year following the year of payment of income, to inform the former employee and the tax authority at his place of registration in writing about the impossibility of withholding tax and the amount of tax clause 5 art. 226 Tax Code of the Russian Federation. Having received such a message, the employee must, no later than July 15 of the year following the previous year, calculate and pay tax in the budget. subp. 4 clause 1, clause 4 art. 228, Art. 216 Tax Code of the Russian Federation.

Therefore, penalties are charged tax agent for the period from the date when he was supposed to withhold and transfer the tax to the budget until July 15 of the following year Clause 2 of Resolution No. 57.

And the Federal Tax Service has its own view on this issue. Not long ago, officials expressed the opinion that the tax authorities have no grounds at all for collecting penalties from a tax agent who failed to withhold personal income tax. Letter of the Federal Tax Service dated 08/04/2015 No. ED-4-2/13600. Although a little earlier they stated that penalties in the amount of unwithheld Personal income tax the agent is not accrued only if he promptly informed the Federal Tax Service about the impossibility of withholding personal income tax Letter of the Federal Tax Service dated August 22, 2014 No. SA-4-7/16692.

However, let us recall that when written explanations Federal Tax Service on application issues tax legislation are not consistent with the acts of the highest judicial bodies, then tax authorities must be guided by the acts of the highest courts in Letter of the Ministry of Finance dated November 7, 2013 No. 03-01-13/01/47571 (sent for information and use in work by the Federal Tax Service Letter dated November 26, 2013 No. GD-4-3/21097). Thus, if, despite the timely notification of the inspectorate about the impossibility of withholding personal income tax, the tax authorities still charge you a penalty, then most likely you will not find support in court.

Penalties based on clarification submitted after the on-site inspection

N.V. Poricheva, Voronezh

Based on the results of the field tax audit Our organization was denied the deduction of VAT for the first quarter of 2015. The deduction was declared in the quarter when the invoice was issued, but the goods were actually received in the next quarter. We were charged a fine and penalties. After the Federal Tax Service made its decision, we submitted the updated tax return for VAT for the second quarter of 2015, that is, they declared a deduction in the period of receipt of goods. The fine has been paid in full. We believed that tax office must recalculate the amount of penalties taking into account the reduction in the period of arrears under the updated declaration. But the Federal Tax Service responded that the amount of penalties under the act is not being revised. Is the tax office right?

: Law Inspectorate. Unfortunately, the Tax Code of the Russian Federation does not have provisions for the inspectorate to review the decision to prosecute for non-payment of taxes made based on the results of on-site inspection, in the event of subsequent submission of an updated declaration in which the amount of tax payable is reduced.

And the judges also come to the conclusion that the submission of an updated declaration after the completion of an on-site inspection does not affect the legality (illegality) of the decision made on it, because the inspection could not take into account the updated data Resolution of the Federal Antimonopoly Service of the North-West District dated March 28, 2014 No. A56-49359/2011; 19 AAS dated October 24, 2013 No. A48-2528/2013; FAS NWO dated November 29, 2012 No. A13-5425/2011. In addition, after the decision is made, the submission of updated declarations for the inspection period does not refute the fact that an offense has been committed and does not cancel the need to fulfill the obligation to both pay tax and pay penalties.

Punishment for failure to pay a fine

S.V. Trushina, Saratov

Our company did not submit a tax return to the Federal Tax Service on time. As a result, we were fined. Are penalties accrued on a fine if we do not pay it on time?

: No. The obligation to pay penalties arises in the event late payment taxes or fees in clause 1 art. 75 Tax Code of the Russian Federation. A fine is a measure tax liability, and not a tax (fee), therefore, if there is a delay in paying a fine, penalties are not charged. As soon as the deadline for paying the fine has passed, the tax authorities will begin to collect it in an indisputable (out-of-court) manner using money in current accounts, electronic money or at the expense of the property of your organization and Articles 46, 47 of the Tax Code of the Russian Federation.

I’ve had a fine on me since October 2014, I paid it that same year within 60 days, in 1515 I was stopped by traffic police officers, I showed them a check, but they still didn’t take it off me, it still hangs on me, but I threw away the check a long time ago, what should I do in this case?

Ruslan, if you have such an opportunity, then get a copy of the check from the bank and take it to the traffic police.

Good luck on the roads!

Hello. I did not pay a fine of 30,000 rubles. for driving while intoxicated. Fine in statutory I have not paid the due date. The owner of the car, who had nothing to do with my drunk driving, recently called and told me that bailiffs he was blocked bank cards and charged them a double fine for not paying the initial fine on time... How do I understand this? Isn’t this offense inextricably linked with the personality of the offender, that is, with my personality? I drove the car, it is only included in the MTPL policy as the owner. Why is the owner of the car responsible for failure to pay MY fine?

Ivan, Hello.

The owner of the car must contact the bailiffs regarding the illegal collection of a fine. The money must be returned. He is not obliged to answer for your debts.

Good luck on the roads!

Hello, I have overdue a fine of 500 rubles! I came to the bailiffs after the end of the voluntary period of 5 days, but I was lucky - I paid the same 500 rubles without any double fines and enforcement fees! Question: Can traffic police officers send me to court so that I can also pay double the fine for late payment?

Anton, Hello.

If, before you paid the first fine, an additional protocol containing information about the additional double fine was not drawn up, then they will no longer be able to impose it.

Good luck on the roads!

Sergey-209

I have such a protocol. But it seems to me that they did not have the right to issue such a protocol. The violation for which the bailiffs have no information occurred on 12/2/15 - the resolution was 12/16/15, and the protocol for non-payment was on 06/25/16....!!!? ???As far as I know, they must first collect it voluntarily through bailiffs. And they immediately gave me a court decision of 1000 rubles. Did the traffic police miss the deadline for issuing the second protocol? 70 days for payment and 90 statute of limitations.? Anyone who has encountered this please answer.

Sergey, try to appeal the fine due to the fact that the deadline for administrative liability has expired. Write about your results here.

Good luck on the roads!

Ekaterina-39

Tell me, please, I sold the car, new owner checked it for traffic fines. There were 5 of them on the car, dated 2012 and 2013 for parking in the wrong place (4 and 3 years ago, respectively). Does it make sense to pay for them now, since more than 2 years have passed and can this prevent the new owner from registering the car? Thanks in advance for your answer

You don't have to pay. The new owner is not in danger of anything at all, even if the fine was issued to you yesterday.

Vitaly-37

Hello! Please tell me how to proceed? On September 15, I received a letter of happiness about speeding by 51 km/h. A fine of 2000 tons was issued. Moreover, they indicated that the violation was repeated, so I have no right to pay with a 50% discount. But they refer to unpaid fine dated 09/02/2013 about which I know nothing. What should I do?

Repeated violation is a violation within calendar year. Maybe you have still unknown decisions? I would go to the traffic police to clarify the fines. The fine for 2013 cannot be an obstacle to 50% payment.

Sergey-264

Hello!

What if I have a fine that is more than two years old? At the same time, no one wrote, no one came. It is not listed in Yandex fines, but is listed only on the traffic police website. Is it worth paying for it? (two fines of 3 thousand each) I usually checked on Yandex - there was nothing. I went to the office. traffic police website and was surprised by the statute of limitations. It was almost 2 years. I called the traffic police helpline. There, the employee advised me to wait until 2 years had passed and then he would supposedly disappear. But he also hangs.

Tell me how best to proceed. Thank you in advance!

Sergey, Hello.

If you leave, then you don’t have to pay for them. This will not entail any consequences for the driver.

Information about the fine may remain in the database, but this does not mean that you are obliged to pay it.

Good luck on the roads!

Andrey-176

I restored the title at the traffic police; they found two fines for August of 500 rubles each; they sent the case to court, what will happen?

Andrey, the court may impose “double punishment” for each of these fines.

Those. 2 more fines of 1,000 rubles each will be added to the existing fines.

Good luck on the roads!

Nikolay001

Hello! Can you tell me when the collection period expires? The traffic police decree was issued on 08/05/2015 a enforcement proceedings at the bailiffs 10.10.2016.

Alexei, official website of the traffic police - gibdd.ru.

Good luck on the roads!

Hello. On 01/24/17 he was stopped for driving while deprived, on 01/25/17 the court sentenced him to 150 hours of work, no more than 3 hours a day. Enforcement is entrusted to the bailiffs of my city. 02/20/17 I went to the bailiff with my bare hands, since I had lost the documents from the court about my work, I was a fool, as they say, to see what I had. I received 2 fines of 500 rubles each, which I paid immediately. I was afraid to say about 150 hours, because the database is empty.

The question is, how long should it take for me to be credited with evasion?

Should the bailiffs notify me if I appear in their database?

What should I do without a court decision in hand? The court was in another region, and I don’t remember the address, I remember the city where the court was.

I would be very grateful for a detailed answer, because I am not a lawyer. Thank you.

First, the bailiff must send you a copy of the resolution to initiate enforcement proceedings. You must begin work within 10 days from the date of initiation of enforcement proceedings. After this, a penalty for evasion may be imposed.

If you want to honestly serve your sentence, then call the bailiffs yourself and find out whether enforcement proceedings have been initiated. If this has not happened yet, call the bailiffs once a week so as not to miss this moment.

Good luck on the roads!

Such a thing came out, there was a fine, I printed out the details from the site (even, it seems) and ran to the bank to pay. Time passed, an SMS came from government services that the fine had been sent to the bailiffs. I checked the details, everything is fine, but instead of a traffic police account, it’s a PFR account. Well, that's how it turned out to be a setup. What to do in such a situation?

1. Details for paying traffic police fines have not been and are not posted on the website. You got them somewhere else. I recommend that you check the details on the official website of the traffic police.

2. B in this case you need to pay the fine again. The first fine paid using incorrect details must be returned.

Good luck on the roads!

1. printed from an online service, I didn’t print the header, so now I can’t understand it. but that's not the point.

2. The penalty on the bases does not hit, by the way. I went to the Sberbank branch where I paid, they checked the payment status, they said that despite the incorrect invoice (PFR instead of traffic police), the payment went to the traffic police, because the rest of the details were theirs. apparently some kind of mistake in the traffic police. They issued a copy of the check and a certificate stating that everything had been paid for submission to the traffic police.

something like that

Good afternoon. Tell me, “is this legal? The fine for exceeding 500 rubles has not been paid. They forgot to pay. The bailiffs removed the fine. After that, they call me to the traffic police for the same fine. I brought documents that they have already withdrawn this amount from me. But they answer me and they will still send me to the magistrate judge. As a result, I went to court about a week later. And they decided to pay me another thousand. I don’t understand why this is so. After all, the bailiffs have already been removed. Why another thousand?

Julia, Hello.

Strange situation. If the fine is paid, no penalty should be imposed for non-payment. Try to challenge the fine (1000) in a higher court.

Good luck on the roads!

Alexey-263

Good afternoon.

On the traffic police website there is a fine against me and the same fine (the number of the resolution is the same) is on the bailiffs website, but there is also an additional 1000 rubles for an individual entrepreneur. You can pay this fine on the traffic police website so as not to pay 1000 rubles for an individual entrepreneur. Thank you.

Alexei, Hello.

First, pay the amount of the main fine, and then deal with the bailiffs regarding the enforcement fee. You may not have to pay it.

Good luck on the roads!

Good day! I received a fine from the camera for parking of 750 rubles because I did not receive the letter of happiness and 60 days have already passed. The State Traffic Safety Inspectorate called me to come to them for analysis. I came to them, they wrote me 1500 rubles, this is the fine itself 750 rubles + 750 rubles for late payment and that’s 1500 rubles. The next day I went to exchange my license at the State Traffic Safety Inspectorate and the employee there wrote me 3,000 rubles for the late fine. I still don’t understand how the same fine can be imposed 2 times for late payment?

Every driver sooner or later faces the issue of paying a fine. The situation may turn in such a way that it is impossible to repay the debt on time. Therefore, it is worth studying this issue in detail.

Deadline for paying traffic police fines in 2017

The Code of Administrative Offenses gives the violator of traffic rules 70 days to pay the issued fine. This period includes 10 days for appeal and 60 days for payment. If you do not meet this time frame, non-payment will become a malicious act, which is punishable by law.

Regardless of the reasons for non-payment, liability arises in any case. It doesn’t matter whether the person was in the hospital or deliberately ignored the receipt. No evasion required evidence base, guilt is automatically admitted.

According to statistics, 40% of all fines remain unpaid for various reasons. In all cases, appropriate punishment is applied.

Punishment for non-payment of traffic police fines 2016

Penalties are applied for failure to pay the fine on time. Even if the receipt was paid on the 71st day, there will be a penalty. Its measure is determined in judicial procedure and is prescribed in the Administrative Code:

1. Plus 7% of the fine amount (Article 32.2, paragraph 5). According to the Federal Law, when collecting, the bailiff has the right to collect plus a percentage of the fine amount.
2. Double the fine. If proceedings were initiated by the bailiff based on non-payment, the amount of collection is doubled (Article 20.25, paragraph 1). And the increased amount cannot be less than 1 thousand rubles.
3. Arrest for 15 days. It is not imposed on fines that were imposed based on photo or video recording.
4. Community service lasting 500 hours.

What does the punishment depend on?

The penalty depends on the decision of the judge who makes the decision. It depends only on him whether it will be arrest, forced labor, or will cost an increase in monetary penalties. The most commonly used is doubling the fine amount.

When the bailiffs get down to business

If the fine is not paid within 80 days, the bailiffs will launch a “compulsory” mechanism. For the defaulter, this will result in the seizure of property and freezing of bank accounts.

The court may rule on a ban on leaving the country. This measure is applied if the amount of the overdue fine exceeds 10 thousand rubles.

Since January 2016, another punishment for draft evaders has come into force - deprivation of rights and limitation of their validity in time if the amount of debt is more than 10 thousand rubles. This is also done by bailiffs on the basis of the issued court decision. If the driver continues to drive with a limited license, he will face a more severe punishment - deprivation of his license for a year or forced labor (50 hours).

To lift the restriction, you just need to liquidate the debt and inform the bailiff about it.

How to minimize punishment?

There are times when there is a desire to pay off debt, but there is not enough money. Then the question arises, can you only pay in installments? And the law provides such an opportunity.

1. A deferment is granted for a month when there is no real possibility of paying off the fine within the established time frame.
2. If the “fine” does not have enough money, the court may decide to extend the repayment period by a maximum of 3 months.
3. The installment plan is not valid for foreigners and stateless persons.

In order to “extend” the payment period, you need to submit a corresponding application to the court and provide documentary evidence of insolvency in this moment. The offending driver admits his intention to pay the fine. When positive decision, a monthly repayment schedule is issued.

Statute of limitations

Some attackers deliberately delay payment, because administrative penalty has a validity period of 2 years. After its expiration, no one has the right to demand repayment of the debt. The punishment automatically goes into the overdue category and is eliminated. The countdown of the period begins 10 days after the issuance of a copy of the protocol to the violator.

But do not forget that after 80 days the bailiffs will take over the case. Then the situation will become serious and the unpaid fine will result in a large amount.

Exceptional cases

Some “fine offenders” are lucky; they can avoid paying the fine without coming up with clever loopholes. The reason is sometimes occurring software failures of government departments:

• if more than two months have passed since the violation of traffic rules, then the decision is no longer issued;
• if the case was heard in court and more than three months have passed, it is also impossible to make a decision.

For example, the violator received a notification by mail for a violation that occurred more than two months ago. In this case, he may rightfully not pay the fine. Collection is no longer legal.

Bottom line

• check your debt to the traffic police once every 2 months;
• always keep all payment receipts (this will help avoid difficulties with bailiffs in case of failures in the database);
• if the fine was issued unlawfully, appeal it in court;
• When planning long trips, take into account the deadlines for paying fines (for convenience, you can activate an SMS notification).

It is better to pay fines on time so as not to increase their amount due to delay. If you do not agree with the decision of the traffic police officer, appeal it in court, rather than ignore the issue. Neglecting the law will cost more.

Failure to pay a traffic fine is itself an offense. Let's consider what liability is provided for failure to pay a traffic fine.

What is the penalty for failure to pay a traffic fine under current legislation?

A fine is one of the types of administrative punishment, and therefore failure to pay a fine by the traffic police is considered as evasion of punishment. Responsibility for such actions is provided for in Art. 20.25 Code of Administrative Offenses of the Russian Federation. According to Part 1 of this article, if the fine is not paid, the culprit is additionally subject to a new fine - already double the amount (but not less than 1000 rubles).

This is relatively easy to bear if the fine is only 500 rubles (as, say, when driving a car with faulty brakes) - in this case you will only have to fork out an additional thousand. However, fines imposed by the traffic police or judges based on materials prepared by inspectors can be very substantial - for example, in the case of drunk driving, the initial fine is 30 thousand rubles, and the one imposed for failure to pay it will, accordingly, be equal to 60 thousand. The saddest thing for the culprit is that the new fine does not exempt him from paying the original one.

What else awaits if you don’t pay traffic fines?

But the matter may not be limited to just imposing a new fine. The already mentioned article. 20.25 of the Code of Administrative Offenses of the Russian Federation provides that the perpetrator may be subject to two more types of punishment:

• arrest for 15 days;
• compulsory work for up to 50 hours.

Fortunately, both of these penalties are applied only instead of a double fine, and not together with it.

In addition, if the fine is not paid on time, then the decision on the administrative case, together with the attached documents, can be transferred to enforcement to the bailiff unit at the place of residence of the culprit. In this case, you will also have to pay a performance fee. In addition, bailiffs by law have the right to seize your property and sell it at auction to pay off the debt. The documents are submitted to the bailiffs for execution within 10 days from the moment the deadline expires and the failure to pay the traffic fine is discovered.

Don't know your rights?

When must the fine be paid?

By law, any administrative fine must be paid within 60 days from the moment the decision on the fine came into force. It should be remembered that in no case can these days be counted from the moment the decision is made: the perpetrator is first given 10 days to file a complaint, then another 10 to consider it (in case of an appeal in court - 2 months). Only after this, the decision, if it is not cancelled, should be executed.

However, the Code of Administrative Offenses of the Russian Federation also provides concessions for those fined. If it is too difficult for him to pay the fine at once, then, at his request, the court or executive The traffic police examining the case may allow:

• deferment of payment for up to a month;
• or installments for a period not exceeding 3 months.

These terms are not included in provided by law 60 days.

How to avoid paying traffic fines

Of course, the best option is to follow the rules traffic even in small things. But even if a fine has already been imposed, you can still fight. Let's see what can be done in this case (For more details, see How can you appeal a traffic police fine (procedure and deadlines)).

First of all, appeal the decision that imposed the fine as quickly as possible. By law, you have 10 days to do this. A complaint can be submitted:

• to a superior traffic police chief - if the fine was imposed by the traffic police officers themselves;
• to the district court at the place where the decision was made - if you were fined by a decision of the magistrate. However, you can complain to the district court in the first case.

If you did not meet this deadline, but the reason is valid, you should submit along with the complaint a petition to restore the deadline, indicating the reason for missing the deadline - in this case, the deadline may be restored. If you see that you are clearly not meeting the deadline, but there is no good reason, then you can try to file a complaint with the court, without detailing the reasons for your disagreement, but indicating that evidence will be presented at the court hearing. When filing a complaint with the court, no state fee is paid.

If the judge or a higher-ranking head of the traffic police finds your arguments justified, the decision to impose a fine will be canceled. In this case, the administrative case will either be terminated or sent for retrial.

Well, if nothing came of the complaint and the decision was left in force during its consideration, there is no choice: the fine will have to be paid. As we wrote above, non-payment can lead to very unpleasant consequences.