; 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 a company has an overpayment (on the front card of 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. Determination 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 an existing overpayment against 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, clause 4 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 paragraph 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 offset (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 have been thinking the same thing lately. 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 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 of the Federal Tax Service on the application of 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 tax, made as a result of an 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 eliminate 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 of tax liability, and not a tax (fee), therefore, if there is a delay in paying the 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.

Payment of fines for violation of traffic rules must be carried out by the violator.

However, many people choose to accumulate debt for various reasons. According to the law, you should not miss the deadline for paying a traffic police fine, as this can create many problems for the defaulter.

The state has developed a number of measures that apply to debtors as punishment for late payments. That is why it is worth paying all debts for traffic violations in a timely manner.

There is a statutory period of time within which the fine must be repaid.

There are several points to consider when counting the time period for payment:

• according to the Code of Administrative Offenses Art. 32.2, starting from 2017, a 60-day period of time is established, which is provided to the violator to pay off the fine;
• The calculation of the period begins only 10 days after the registration of the decision on the offense. This is due to the possibility of appealing it in court within these 10 days.

Thus, the violator has exactly 70 days during which he is obliged to repay the amount accrued as a fine.

This also applies to those violations information about which was received by letter.

The calculation of the period begins from the receipt of such written notice.

Is it possible to pay the fine in installments?

In some cases, the fine for a violation is so large that the payer is not able to pay the full amount at once.

• granting a deferment for up to 1 month;
• installment plan of up to 3 months, which allows you to pay off the fine in installments.

Such privileges can be obtained only on the initiative of the violator himself and with the approval of the body that issued the fine or by court decision. To do this, you will have to write a corresponding application, attaching documents confirming your difficult financial situation.

Such privileges are not granted automatically or by decision of the authority that issued the fine, without a statement from the violator himself.

In addition, the court retains the right to make the final decision.

The provision of an installment plan may be refused if the violator provides insufficient evidence of the need for it or the reason why he asks for an installment plan is not recognized as valid.

In what cases is only half of the recovery amount paid?

The legislation provides for the possibility of obtaining some discount on the payment of fines.

This rule is enshrined in Art. 32.2 of the Administrative Code, which states that within 20 days the paid fine is repaid in the amount of 50% of the total amount.

• The nuances of the rule are as follows:
• The 20-day period does not shift during the appeal period. This means that 10 days are not added to the 20 days specified in the law, as in other cases.

The list of violations for which payment can be made at a discount should be clarified in Art. 32.2 of the Administrative Code, since not everyone falls into this category.

Is it worth paying if the fine is overdue?

If the fine has not been paid within the allotted 70 days, this does not mean that it does not need to be paid.

• On the contrary, failure to repay debt can lead to a number of negative consequences:
• administrative arrest for up to 15 days;
• community service up to 50 hours;
• problems with traveling abroad;

imposition of double the amount of debt. However, there is a statute of limitations for paying traffic police fines, which is 2 years plus 10 days, which are initially allotted for appeal. After this, according to the norms of the Code of Administrative Offences, Art. 31.5 overdue amounts may not be paid due to expiration of the due date.

limitation period In the minds of most Russians, the words “forfeit”, “penalty” and “fine” have a similar meaning, and these are really close concepts. However, the collection of penalties and other types of penalties occurs for various reasons and according to certain rules. Although Russia does not establish differences between fines, penalties and penalties, and in Article 330 of the Civil Code of the Russian Federation these phenomena are almost synonymous; in practice they differ and are differentiated in other legal acts.

A fine is a type of penalty that is set in a specific amount or as a percentage of the debt. A fine is collected once for a one-time or long-term violation. This measure is often applied to a debtor who does not want to pay a penalty (for example, under a loan agreement).

A fine as a type of compensation should not be confused with a fine in the general sense. The second option involves a monetary penalty for a criminal or administrative offense. A fine is imposed if the subject violates national or local laws (made noise in the apartment after 23-00 and disturbed neighbors, wandered around the streets while intoxicated, etc.)

Important! A fine as such can only be imposed by an authority executive power both for individuals and legal entities.

At the same time, any organization to which the entity does not fulfill its obligations under the terms of the contract has the right to impose a fine due to a penalty. These include banks, microfinance companies, etc.

What is a penalty?

Penalty, according to Art. 330 of the Civil Code of Russia is the amount established by law or contract that the debtor undertakes to pay to the creditor in case of non-fulfillment financial obligations. The amount of this penalty is always fixed, and the penalty comes into force from the very beginning of late payments. The penalty under a contract differs from the same type of penalty under the law.

In the first case, the value monetary compensation, the procedure for payment and the reasons for its occurrence (delay, failure to fulfill contractual terms or improper fulfillment) are indicated in the document by agreement of the parties to the transaction. The accrual of a penalty encourages the debtor to pay in minimum terms, because long-term non-payment is fraught with falling into a debt trap.

A penalty established by law does not require a contract or any agreement in writing. The amount of payment and the grounds for collection are specified in Article 395 of the Civil Code of the Russian Federation. Legal compensation requires the presence of evidence certifying the validity of the exaction measure. Legal assistance and the intervention of independent experts are usually necessary to establish the circumstances of the process. According to the law, the amount of compensation cannot be reduced by agreement of the parties, but only increased.

Reference! The laws of the Russian Federation do not provide limits for reducing the penalty. In the activities of judicial bodies, only a standard applies - the minimum amount of recovery is equal to the double refinancing rate of the country's Central Bank. The rate is constantly changing, and you can find out its exact size on the website Central Bank RF.

The difference between a penalty and a fine and penalty is manifested in a number of characteristics. This compensation payment:

• can be specified in any type of contract;
• is a measure of responsibility and a measure of security at the same time;
• must be documented;
• can be accrued both in monetary terms and in property terms;
• charged due to improper execution obligations in a certain amount;
• can be presented in two forms - under contract and by law.

The legislation defines four types of penalties (paragraph 2 of paragraph 60 of Resolution No. 7):

• credit - partially compensates for losses;
• penalty - charged in addition to compensation for losses;
• exceptional - a penalty in its “pure” form, does not include losses;
• alternative - implies the choice of the creditor to compensate for losses or pay a penalty.

Raising the question of the differences between a penalty, a fine and a penalty is not entirely correct, because legal science considers a fine and a penalty as methods for calculating a penalty. However, there are differences between the accrual principles. Thus, the fine is set in a specific amount and is collected once. But with pennies everything is different.

What is a penalty?

Penalty is a type and consequence of a penalty that relates exclusively to violation of payment and (or) financial obligations. It is calculated as a percentage of the total debt, or as a fixed amount charged for a certain period of delay (50 rubles daily, for example).

Let’s assume that the contract specifies the amount to be paid as 5,000 rubles no later than 14 days from the date of receipt of the acceptance certificate. 21 days, 30 days, a month and a half pass - and no payment is received. The debtor begins to incur penalties in the amount of 0.5% of the debt amount. For one and a half months of delay, 1125 rubles accrue, which must be paid along with the principal amount of the debt.

Attention! Penalties are accrued only if there are grounds for this specified in the contract. Otherwise, such penalties are illegal.

A penalty differs from a penalty primarily in the absence fixed size. This is a floating value that changes from time to time. Most often, accrual occurs when utility payments are late or if insurance premiums are not paid on time.

Possibility of simultaneous demand for penalties, penalties and fines

A simultaneous demand for a penalty, penalties and a fine is impossible. Thus, it is impossible to immediately collect a penalty and a fine, since these measures of liability imply relations between different entities:

• when imposing a fine, the subject (citizen) and the executive branch are involved in the case;
• the penalty is levied by an individual/legal entity from an individual/legal entity.

Even if we consider the concept of “fine” as a type of penalty, these measures of responsibility are combined, and the essence remains the same.

But the simultaneous demand for a penalty and penalties is quite acceptable. If a compensation payment is provided for late payments, then a penalty may be added to it in a certain percentage of the amount of the debt, the size of which will increase as the repayment of the debt is delayed.

There really is a difference between a penalty, a penalty and a fine, although in the legal sense these are the same concepts. In any case, the debtor will have to pay them, and there is no escape from responsibility. Therefore, before signing an agreement, you should carefully study its terms and objectively assess your financial capabilities in order to further minimize the risk of falling into the category of persistent defaulters and spending a lot of money on paying off debts.

Video. ○ Roadside checks. Traffic police inspectors in stationary road complexes and departments involved in registration and issuance of documents for the purchase and sale of a car are also called upon to identify the debtor and check the fine. A check in the traffic police database will show all unpaid amounts and the violator may be detained during the trial. The situation when the traffic police fine is overdue, possible consequences Overdue traffic fines A monetary penalty that was issued by a traffic police officer for violating traffic rules, but was not paid before the expiration of the period established by law. Russian Federation, is considered to be an overdue fine. A person who commits such debts risks being subject to the sanctions provided for in the Code of Administrative Offenses.

Limitation periods and payment of fines. penalties for late payments and failure to pay on time.

Overdue traffic fines A monetary penalty that was issued by a traffic police officer for violating traffic rules, but unpaid before the expiration of the period established by the legislation of the Russian Federation, is considered to be an overdue fine. A person who commits such debts risks being subject to the sanctions provided for in the Code of Administrative Offenses.

Many drivers mistakenly believe that the deadline for payment monetary recovery is 30 days. In fact, this period is 60 days, which, in turn, come into force after the expiration of the time allocated by the state for appealing this punishment (10 days).

The traffic police fine is overdue - what to do?

If the fact of concealment is proven, then you will have to answer for overdue fines, and therefore receive punishment. The approximate period is 2 years. When calculating the statute of limitations, the period of transfer of the case to the court and the process of sending and receiving letters is taken into account.

Important

If the bailiffs get to the debtor, it is worth checking the statute of limitations - perhaps their demands are quite legal. What to do if the traffic fine is overdue? In the mailbox there is a decision on a fine from the traffic police.

Attention

And it doesn’t matter whether you were detained by a traffic police officer or tracked by the now ubiquitous cameras. When should I pay it or not pay it at all, and what will happen for it? Read below for a small but capacious educational program in the article. Contents of the article ○ Road checks.

○ Limitation periods / validity of traffic police fines. ✔ Calculation of the statute of limitations. ○ When must the fine be paid? ○ Punishment and liability for overdue fines. ○ Limitation periods for video and photo cameras.

How much is the fine for late traffic police fine?

In the mailbox there is a decision on a fine from the traffic police. And it doesn’t matter whether you were detained by a traffic police officer or tracked by the now ubiquitous cameras. When should I pay it or not pay it at all, and what will happen for it? Read below for a small but capacious educational program in the article. Contents of the article ○ Roadside checks. ○ Limitation periods / validity of traffic police fines. ✔ Calculation of the statute of limitations. ○ When must the fine be paid? ○ Punishment and liability for overdue fines. ○ Limitation periods for video and photo cameras. ○ Video. ○ Roadside checks. Traffic police inspectors in stationary road complexes and departments involved in registration and issuance of documents for the purchase and sale of a car are also called upon to identify the debtor and check the fine.
A check in the traffic police database will show all unpaid amounts and the violator may be detained during the trial.

What are the consequences of delaying a traffic police fine?

This was possible due to the fact that the driver was behind on his payment by long term(about 2 years), and this offense was not noticed either by bailiffs or executive bodies. Under such circumstances, there is only one thing left to do - forget about the monetary penalty due to its expiration. Today, such a phenomenon is very rare, and, wanting to save money in this way, you risk acquiring another administrative offense, for which you also have to pay. It will be very offensive, not wanting to pay 500 rubles, if you are forced to public works or, worse, to arrest.
In order not to have to worry about an overdue fine in the future, it is important to pay it on time. This will save you a lot of time and money.

What to do if the traffic fine is overdue?

Important Return to contents Video “Expiration date” of a car fine. Viktor Travin tells in the program “Right of the Steering Wheel” on Autoradio.
Return to content Published by: Vadim Kalyuzhny, specialist of the TopYurist.RU portal Did you find the answer? If not, then ask our lawyers: 17 lawyers are ready to answer now. The traffic police fine is overdue - what to do? The first day of the deadline will be the return stamp of the letter.

Read also Actions in a situation where you have paid a fine to the traffic police and have a receipt, but it still hangs in the database If you don’t pay There are people who believe that an administrative protocol was drawn up against them illegally. Instead of proving that the fine is illegal, they simply don't pay. The possibility that someone might “smuggle it in” and not have to pay is minimal.
The statute of limitations is 2 years, but only on condition that the debtor did not hide from the bailiffs.

The situation when the traffic police fine is overdue, possible consequences

To begin with, it is important when exactly the payment was made. It takes up to 14 days to transfer funds, so you shouldn’t worry about it ahead of time. What to do if there is a fine? If it is listed, you need to remember whether there was a violation. To do this, you need to study the resolution. If there was an incident, payment must be made as quickly as possible. If you don't pay it, the consequences will be unpleasant. Read also: Actions in a situation where the fine has been paid and the case has been transferred to the bailiff service. If you cannot remember the situation with the violation, and the driver drives according to the rules, you can try to challenge the fine. It's difficult, but real. Payment Before paying overdue traffic fines, you need to clarify the amount, because the collection could double and the penalty increase. You will also need payment details, which should appear on the receipt.

How is an overdue traffic fine paid?

Any payment methods - the fact that it is overdue does not affect the payment method. The methods are as follows:

• at a bank branch through a cash desk;
• through an ATM or self-service terminal;
• using the websites of the State Traffic Safety Inspectorate or State Services;
• using online wallets.

When paying not through a bank cash desk, the commission may be higher.

If the fine is substantial, then it is more profitable to pay it through the bank. Regardless of the payment method, you must check the details and accounts for transferring the amount so that there are no problems in the future. Conclusion Delays in paying fines occur for various reasons: some have financial difficulties, while others do not know about the collection. Some believe that minor penalties do not need to be paid, but having accumulated 10 such pieces, you can cross the border for yourself, so it is better to make payments on time.

Deadline for payment of traffic police fines and punishment for non-payment

For example, for overtaking under a prohibiting sign, crossing a double “solid” road, driving on a one-way street towards traffic participants, etc.

• The longest period for issuing a Resolution - a calendar year - is assigned according to Article 12.8 of the Code of Administrative Offenses of the Russian Federation, Part 1: “Management vehicle by a driver who is in a state of intoxication, if such actions do not contain a criminal offense.” Part 2 “Transferring control of a vehicle to a person in a state of intoxication.” and Part 3 “Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or deprived of the right to drive vehicles.”

Reading time: 8 minutes

Violation of traffic rules, incorrect behavior on the road, disobedience to the requirements of traffic controllers and other mistakes will certainly entail punishment, which can take a variety of forms. Most of the sanctions are administrative in nature, which does not really motivate violating drivers to rush to comply with them. And it’s completely in vain, because failure to pay a traffic police fine is nothing more than evasion of punishment. Responsibility for it is provided for in Art. 20.25 Code of Administrative Offenses of the Russian Federation.

How long does it take to pay off the fine?

Due to ignorance of legal issues, many people believe that 1 month is given to make a payment on the receipt issued by the inspector. In fact, the Russian Federation has slightly different deadlines. It should be remembered that if you do not pay the traffic police fine within 60 days (a year, more than a year), a new penalty will certainly follow, or even a more severe punishment. So, the law regarding time frames provides the following:

• The countdown of the period allotted for making payment begins only 10 days after the receipt was issued. These 10 days are given to the violator to file a complaint if he does not agree with the actions of the inspector and does not consider himself guilty;
• Based on the current law of December 22, 2014 No. 473, the payment period for the imposed penalty is set at 60 days. Their countdown begins only after the period intended for appeal has expired.

Thus, it turns out that the period for non-payment of a fine to the traffic police within the limits permitted by law is not one month, but as much as 70 days.

In addition, a fined citizen can count on some concessions. If it is quite difficult to make a payment in one amount, he can submit a petition to the court or to the representative of the traffic police who is considering the case to:

• defer payment for another month;
• get an installment plan for a period not exceeding 3 months, which will be a good way out of the situation if there are a lot of traffic police fines.

No less important are the changes that have been introduced since the beginning of 2016 and concern some preferences for drivers who have come under the jurisdiction of the law. Thus, payment of traffic police receipts from January 1, 2016 is possible at a discount.

If the driver pays the due amount within 20 days from the date of the decision, he can expect that the penalty will be reduced by exactly 50%.

This rule does not apply to only three types of violation:

• driving while intoxicated;
• causing harm to health of mild or moderate severity;
• if you repeatedly exceed the speed of more than 40 km/h.

What to do with late payments

Russian legislation provides for a statute of limitations for each type of punishment. Administrative punishment for violating traffic rules is no exception. So, what to do if you don’t pay the traffic police fine on time?

Article 31.5 of the Code of Administrative Offenses of the Russian Federation states that if the imposed penalty has not been paid within two years, it is no longer subject to execution. To this period it is necessary to add 10 days, which are allotted for appeal.

That is, in a hypothetical situation where the issued receipt was not paid, and the state represented by the executive services did not notice this, after the expiration of a two-year period such debt is simply canceled. What does an overdue traffic fine mean in this case? Nothing anymore, because legal force does not have.

In addition, there are lucky ones who are exempt from paying the penalty on completely legal grounds:

• if the order to impose a penalty was not issued within two months from the date of the traffic violation;
• if the case was considered by the court and more than three months have passed since the violation.

But do not forget that after the allotted period of 70 days, the case of violation is transferred to the bailiffs, who will certainly monitor your fulfillment of your obligations to the state. For this reason, it is better not to bring the matter to a critical point and still pay the receipt. Moreover, this can be done today by the most different ways and in a matter of minutes.

In addition, the attorney service of our partners will not only be able to indicate your unpaid traffic fines, but will also provide you with information about the presence of debt on loans, alimony, housing and communal services, etc., and will also assess the likelihood of a ban on flying abroad.

Is it necessary to pay

If no action was taken by the executive service, it can be considered that the punishment is no longer valid. For this, a certain period of time must pass.

But there are several controversial points on this issue:

• if government agencies have discovered a willful defaulter in a particular situation, the statute of limitations can be canceled and the collection will regain its force;
• if the driver received a deferment or installment plan, the statute of limitations period is extended accordingly by this time.

When deciding for yourself whether you need to pay overdue traffic fines, you should always remember that all information is carefully stored in the state’s electronic database. The first time this information comes up, it can make travel impossible.

Those who, in addition to financial punishment, have been deprived of their driver's license have no chance to avoid responsibility. In this case, it will be impossible to return the ID until the receipt issued to the violator is paid.

What are the consequences of non-payment?

So, what happens if you don’t pay the traffic police fine? This question, perhaps, worries drivers even more than the fact of violating traffic rules on the road, which could result in more serious consequences than just a monetary penalty.

The consequences for a negligent debtor are described in Article 20.25 of the Code of Administrative Offenses of the Russian Federation, which states what kind of punishment faces for unpaid fines in 2019:

• doubling the amount of recovery (but not less than 1 thousand rubles);
• compulsory community service for 120 hours;
• arrest for at least 15 days.

Taking into account today's usage modern technologies To control the traffic situation, the question is quite relevant: what will happen if you do not pay traffic police fines from cameras? After all, today drivers are increasingly receiving “chain letters”. And here there is good news: if the violation was recorded exclusively by technical means, administrative arrest for failure to pay a traffic police fine cannot be applied to the perpetrator; he faces only the first two penalties.

As for monetary recovery, in the case when we're talking about about an amount of 500 rubles, increasing it to 1000 will not hit the violator too hard. But what will happen if you don’t pay the traffic police fine of 30 thousand on time? First, let’s remember what kind of violations such a considerable amount is provided for:

• driving while intoxicated;
• refusal to undergo a medical examination;
• transferring control of a car to a person who is drunk;
• consumption of alcoholic beverages, narcotic and psychotropic drugs after an accident before the start of a medical examination.

All these offenses entail fines of 30 thousand rubles and deprivation of the right to drive a car for a period of 1.5 to 2 years. At the same time, failure to pay the traffic police fine on time for deprivation of rights in 2019 can have quite negative financial consequences:

• the violator will have to pay 30 thousand of the principal debt;
• To this you will have to add double the amount of the fine, which will be another 60 thousand.

Thus, the fine for an overdue traffic fine will increase three times, and the driver will have to look in his budget not for thirty thousand, but for all ninety. At the same time, the attitude of judges towards such desperate defaulters cannot be called favorable. If it is not possible to pay the issued receipt, the answer to the question whether you can be imprisoned for 15 days for failure to pay a traffic police fine will be in the affirmative. This is exactly what the authorized body will do.

As for mandatory work, you will have to devote approximately 2.5 months of your life to it. After all, according to Russian legislation Russians can devote no more than 12 hours a week to useful work assigned as punishment.

As such, deprivation of a driver’s license for non-payment of fines in 2019 is provided for by law only when the amount of debt exceeds 10 thousand rubles. In this case, the court has the right to suspend the validity of the certificate until the debt is repaid. But if the driver still tries to avoid punishment, the court will legally apply one of the following measures to him:

• seizure of property (in this case, it will not be valued at its real value, but as the state deems necessary);
• seizure of bank accounts;
• prohibition to leave home.

Thus, the first thing that threatens the fact that the traffic police fine has not been paid is constant communication with bailiffs. After all, it is they who are entrusted with the solution to this issue if, within the period allotted for payment (70 days), the money from the fined person has not been received into the state treasury.

So, failure to pay a traffic fine on time has quite serious consequences. However, there is a way to negotiate with the state. To do this, the applicant must apply to the court with a statement: it should set out the circumstances why it is impossible to make a large sum straightaway. A certificate of income will be required to be attached to the application.

Having considered the case, the court may well make a positive decision. But do not forget that this should not be done when you have exhausted all possible deadlines and played the “find me” game with the state, but while the law is still on your side.

Alternatively, you can wait two years. What will happen in this case if the payment of the fine from the traffic police is overdue, and the liquidity limit of the sanction has been exhausted? You will only be lucky if they simply didn’t remember about you. If the bailiffs came, but you were not at home, then the statute of limitations may be doubled.

What to do if stopped by an inspector

Thanks to the same electronic database, today you can find out about your unfulfilled obligations in a matter of seconds. A traffic police inspector can also do this by stopping you in case of a new traffic violation.

And here a completely reasonable question arises: can an unpaid traffic fine have consequences if you are stopped by a traffic police officer? Alas, an arrest for 15 days or doubling the fine may well become a reality. But there are several “buts” in this matter:

• if at the time of communication with the inspector the 70 days allotted to you have not yet expired, feel free to promise your interlocutor to pay the debt today. In this case, he cannot take any measures against you;
• if the payment is still overdue, the inspector must draw up a report on you on the spot, which is transferred to the relevant police department; From there, once the case is initiated, the document will be submitted to the court.

It is important to know: only the court has the right to determine the punishment, and not the inspector who stopped you.

If, during a document check, it suddenly turns out that you have a debt, but you live in another city or region, the police representative does not even have the right to draw up a report. All he can do is report the identified fact to the nearest branch and indicate your personal data.

Thus, the answer to the question whether traffic police officers have the right to detain for an unpaid fine: no, they do not. Only the court has such powers.

If the case goes to court

So, you decided not to pay the fine or simply, for various reasons, did not have time to pay the required amount. We have already found out what will happen if you do not pay the traffic police fine. Now you need to figure out how to avoid trouble.

After the allotted period of 70 days for making payment, the case is transferred bailiffs. Another 10 days are allotted for this event. This means that you have another short period of time to correct the situation. If you manage to repay the debt within this period, there is a chance that the matter will never reach them.

Information about the inspector who is handling your matter can always be found in the letter that you receive from the court about your debt. Don't be afraid to call this person or seek a meeting with him. The collection payment procedure is not complicated. You just need to get the coordinates from the bailiff where to transfer the funds, and carry out the operation in any way convenient for you.

It goes without saying that all sanctions against you will not be automatically lifted. So, for example, if you have been restricted from traveling abroad, it will take at least a month to restore this right. The best thing to do is to meet with your bailiff again after making the payment and show him the paid receipt. This way the mechanism for lifting restrictions will be launched faster.

If it was not possible to avoid taking the case to court, it is important to remember that there are a number of situations when you can hardly be called an attacker. So, for example, the following prevented you from paying a receipt on time:

• long business trip;
• serious illness;
• arrest for another offense;
• forgetfulness without malicious intent. Please note that it will be extremely difficult to prove this circumstance.

In any case, to confirm your innocence, you will have to attach documents containing weighty arguments to your application.

New traffic police fines: Video