You can pay 50%, even if overdue: the Bill of the government

The bill for one high-profile case: a 50% discount can extend

In late may of this year (31 may 2018), the Russian Government issued an instruction to make “in the State Duma of the Federal Assembly of the Russian Federation the draft Federal law “On amendments to article 31.8 and 32.2 code of the Russian Federation about administrative offenses””.

In other words, in the state Duma was introduced a bill to extend the 20-day grace period for payment of the fine, of course assuming that this is for good reason.

Recall that the case considered by the constitutional court at the end of 2017 began with a minor fine for speeding, but as it turned out, no matter the amount, and important person, who is trying to get to the truth and justice.

The delay “letters of happiness” and the inability to pay the fine at a discount played a very important role in the consideration of the case by the Constitutional Court of the Russian Federation, which on 4 December 2017, decided to test the constitutionality of part 1.3 of article 32.2 of the administrative code in connection with the complaint of citizen A. Riihimaa.

Part 1.3 of article 32.2 of the administrative code
1.3. Upon payment of the administrative fine person, brought to administrative responsibility for committing an administrative offense provided by Chapter 12 of this Code, with the exception of the administrative offenses provided for by part 1.1 of article 12.1, article 12.8, parts 6 and 7 of article 12.9, by part 3 of article 12.12, part 5 of article 12.15 part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of the present Code, not later than twenty days from the date of the ruling on imposition of an administrative fine an administrative fine may be paid in the amount half the amount of the imposed administrative penalty. In the case that the execution of the decision about appointment of administrative penalty has been delayed or deferred by the judge, body, the official, made the decision, administrative fine is paid in full.

In the end, the interior Ministry has prepared a draft Federal law on introducing amendments to article 31.8 and 32.2 of the Russian code of administrative offences pursuant to the decree of the RF constitutional 04.12.2017 No. 35-P.

On the website of the Government of the Russian Federation States that: “the Decision of the constitutional Court recognized as not corresponding to the Constitution of the Russian Federation, its articles 19 (parts 1 and 2), 35 (part 1), 45 and 46 (parts 1 and 2) part 1.3 of article 32.2 of the administrative code to the extent that in the system of existing legal regulation it excludes the possibility of restoring the 20-day deadline for payment of an administrative fine imposed in accordance with part 3 of article 28.6 of the administrative code, in the amount of half of the fines imposed in the case when the copy of the resolution on imposition of a fine, directed to bringing to administrative responsibility the person by post by registered mail, to its address after the expiration of 20 days from the date of issuance”.

On introducing to the state Duma a bill on amendments to the procedure for the payment of administrative fines

The bill proposes to amend the above article (31.8 and 32.2 of the administrative code) changes, in accordance with which the 20-day deadline for payment of an administrative penalty in the amount of half its amount, in the case of receipt of mail after the expiration of the term, subject to renewal at the request of the person, brought to administrative responsibility.

Let us briefly recall the background of important changes in the legislation:

The COP turned to one of the Moscow municipal deputies, who in 2016 has come “the happiness letter” for speeding. The letter was longer than necessary, so take advantage of the discount due to incorrect operation email the Deputy could not. A penalty notice by post was over a month and the discount was burned.

A citizen attempted to renew the term of the discount, first contact in the traffic police, and then in the Mozhaisk city court. In both cases, a motorist received a reasoned refusal on the grounds that the administrative code does not provide for the possibility of extending the discount. However, his side stood the constitutional court. The contested norm has transformed into a bill, which, some experts have already called “patching holes” and wished the lawmakers to approach the changes with a more global modifications.