Soon the fines for traffic violations will put on stream
New retention registered letters on administrative cases in the mail.
In connection with the increased attention of society to the world Cup as it is not noticed by the media was the news that the President of the Russian Federation of 4 June 2018 signed amendments in rules of rendering of postal services related to delivery of summons, orders and decrees of bodies and officials authorized to consider cases on administrative offences in accordance with the administrative code. What soon will these new rules that have gone unnoticed, while the country sits at home and grow cabbage in their suburban areas? Let’s deal.
So, first let’s look at what was signed by our President. So, 4 Jun 2018 year they signed the Federal law FZ-134, adopted by the State Duma on 15 may 2018 and approved by the Federation Council on 30 may 2018.
Here is the text of this law:
To amend part three of article 4 of the Federal law dated 17 July 1999 No. 176-FZ “On postal communication” (meeting of the legislation of the Russian Federation, 1999, N 29, art. 3697; 2008, N 30, article 3616; 2009, N 26, p 3122) change, adding it after the words “court notices” with the words “notification in the course of manufacture on Affairs about administrative offenses bodies and officials authorized to consider cases on administrative offences in accordance with the Russian Code of administrative offences, adopted in accordance with it laws of subjects of the Russian Federation about administrative offences”.
This Federal law shall enter into force 90 days after the date of its official publication.
What does it mean? This means that after the new law comes into force, the Post of Russia needs in respect of notification in the course of manufacture on Affairs about administrative offences, to apply the terms regulated by rules of rendering of postal communication services are set for delivery of court notices.
Recall that according to the current legislation and rules of rendering postal services today the maximum storage time of the court papers (subpoenas, orders, decrees, etc.) is 7 days, whereas for the rest of the correspondence – 30 days.
Now, after the entry into force of the Federal law FZ-139 from 4.06.2018 year for notifications sent to officials of the addressees in the context of consideration of administrative cases, the maximum period of storage of non-delivered correspondence will also be 7 days.
That is, in accordance with these rules, the terms of return to senders not delivered to addressees registered letters be reduced from 30 to 7 days.
So now all announcements that are associated with administrative Affairs, subject to the terms of the provision of postal services in strict accordance with the procedural legislation.
Why it was necessary to reduce the retention periods for non-delivered mail correspondence?
The fact that until recently, notice to in the cases on administrative offences, stored in the mail as a normal mail (registered letter) within 30 days in case of impossibility of their delivery to the addressee (not home, the recipient is not at the post office for certified mail, etc.).
Eventually this led to the impossibility of observance of the current legislation during consideration of administrative cases. Recall that under current legislation, term of consideration of administrative cases is limited to 15 days.
Because of this, officials often several times postponed consideration of administrative cases which required additional financial costs and time (re-sending contract notices within the framework of administrative cases: a postponement of consideration of administrative cases notification of the person brought to administrative responsibility, etc.).
Accordingly, reduction of terms of delivery of notices to persons involved in the administrative code for administrative offences, will allow officials from different agencies to reduce terms of consideration of administrative Affairs and to avoid a situation where violating the administrative code came out unscathed due to the end of the time limit for the consideration of administrative cases.
Recall that the Statute of limitations for bringing persons who have violated the Administrative code, is 2 months if the case is considered official. If the case is considered by court, the maximum term for bringing to administrative responsibility is 3 months.
After this period, the person may not be brought to administrative responsibility. That is, if the case is administrative officer, the ruling on bringing to administrative responsibility for administrative offences may not exceed 2 months. So if you are attracted to administrative responsibility after 2 months of the date of violation, it is illegal. However, it is worth noting that the limitation period is calculated only from the moment when the infringement became known.
Until recently, many people, knowing this, tried to delay the consideration in respect of various administrative matters with the aim of ending legal term for bringing to administrative responsibility. As a result, many have violated administrative legislation virtually unpunished.
For example, according to TMS Moscow, many drivers who violate Parking rules or Parking, really recently to evade administrative liability by a deliberate tightening of consideration of administrative Affairs of the staff of TMS, is responsible for the review of administrative violations in the field of road safety.
As administrative notices could be stored in the mail up to 30 days, the person against whom an administrative case was initiated deliberately for a long time did not pick up the certified letter from TMS in the mail. Then, usually towards the end of the retention periods administrative notices, the recipients come and collect the letter. Further, the officials of TMS sent various petitions, etc. with the goal to transfer for valid reasons, the timing of consideration of the administrative case. And then all the classic: officials lose the opportunity to make the decision about attraction to administrative responsibility in connection with the termination maximum the time.
Now, after the entry into force of the new rules of storage of mail-related administrative violations, most drivers will not be able to escape responsibility by artificially delaying the timing of such cases.
But, unfortunately, due to this reduction of periods of storage of non-delivered mail notices can suffer ordinary citizens, particularly motorists.
The fact is that under current legislation if you have not received legal notice, summons, order, decision, etc, as well as the decision about the date and place of the hearing of the administrative case, the decision on attraction you to administrative responsibility on behalf of the officers, who shall be entitled to conduct such business, it does not mean that these documents are considered to be non-handed and they will not be able to enter into force. This is not so. Did you know that if you post the notice on the administrative cases will not be delivered to the addressee, then on the expiry of the maximum term of storage in the mail they will be sent back to the sender? In this case, since the reverse of sending such correspondence will be deemed that the notice was presented.
So, as you can see, just don’t get any notification for administrative Affairs, not output. After all, when the notice will go back to the sender, it will be assumed that you received it. Accordingly, the administrative case may be heard without you.
On the one hand, it removes obstacles for judges and other officials entitled to examine administrative cases that can occur when persons are brought to administrative responsibility, is not specifically receive postal notification in order to remain unpunished.
But, on the other hand, are perfectly law-abiding citizens can suffer because of this reduction of periods of storage of mail notifications.
For example, imagine that while driving your car broke down and you according to the instructions of the SDA decided to move out of the way, turning on the hazard lights. Let’s say you stopped the car in the area of the sign “no Parking”. Including emergency gang, you started poking around in the car. But at this point you several times fixes the parkon (car with the equipment, fixing Parking violations unpaid Parking etc.).
You, repairing your car, drove away from this place. Then a few days you are going on vacation or a business trip. But this time you TMS excites an administrative case for violation of traffic rules, by giving you notice of the consideration of the administrative case. Naturally, you will not be able to receive email notifications, since there are no at the place of its incorporation.
Next, after the expiration of the 7-day period, the non-delivered notification is sent back to the TMS, which will take it that you received the notice. In the end, the administrative case will be considered on the day, which was reported to you in the notice. As a result, in your absence you will be brought to administrative responsibility.
How do you do? That is, in your absence you will be held accountable under the administrative code. And for a controversial violation because you violated traffic rules not specifically. But the SDA allows it, when the car is a danger to others. The worst thing that you will not be able to justify. You just stupidly held accountable, and all.
Yes, theoretically when you return, you will be able to challenge this decision in court. But it takes time. And knowing how long the civil courts hear administrative cases on the complaint, we think most drivers will not desire to fight for the truth.
So in short time, the flow of administrative Affairs will grow throughout the country. In fact, the government untied the hands of all officials who according to the legislation allowed to consider administrative proceedings against persons who have violated the administrative code.
Especially not lucky drivers who do not reside at the place of their official registration or often never home and rarely look in the mailbox. So I advise you presently constantly check the mailbox (preferably every day) so as not to overlook any notice associated with the administrative case instituted against you.
Otherwise, you will be able not only to overlook a notice of review in respect of administrative cases, but the decision on the penalty and notices, which notify you about the transfer of outstanding fines bailiffs, which do not feed bread, but give the ability to block all accounts and arrest all that is possible, for an unpaid fine of 1,000 rubles.
So be careful and don’t forget to check their mailbox. Better yet do not break. Although in our country it is impossible.
Good luck on the road!!!