Why drivers will now be harder to pay half the fine
Why change the retention rules on mail registered letters for administrative cases?
Ministry for digital development, communications and mass communications of the Russian Federation has developed new rules of rendering of services of Mail of Russia. So, according to the developed draft law will amend the Order “On approval of Rules of provision of postal services” dated 31.07.2014 of the year regarding the timing of store shipments that are addressed to people within the framework of administrative offenses. In particular, in the case of the amendments to the Rules of provision of postal services to the administration of fines for administrative violations will be kept only 7 days.
Recall that currently this period is 30 days. For example, the penalty for traffic violations recorded by the cameras photos and video, is sent by the traffic police or the MANAGEMENT by registered letter against the owner at his Desk.
Further, the “letter of happiness” waiting for his master at the post office for 30 days (under current Rules of rendering of postal services). The post office is obliged to notify the car owner about the arrival in his ship from address on the administrative offence.
If after 30 days the owner is not taking the resolution on attraction it to administrative responsibility, the post sends the shipment to the return address of the sender.
As soon as the sender receives unclaimed shipment according to the current legislation the decision to prosecute the vehicle owner to administrative responsibility the machine enters into force.
By the way, in this case, if the driver does not know about the assessed penalty, he loses the opportunity to pay half the fine, which is possible in the first 20 days of the date of the judgment in the administrative case.
But now, in the case of changing the order of periods of storage of mail, this period will be reduced from 30 to 7 days.
In the end the owners will have little time to receive them, and less time to appeal the fines. The fact is that under current law to appeal against the decision on attraction to administrative responsibility is given 10 days from the moment of receiving him in his arms. It just so happened in our country that many people postpone obtaining “letters of happiness” and run the mail only in the last 30 days.
Many disagreed with the fines, appeal them in court. Now, if the period of storage of fines in the mail will be reduced to 7 days, many motorists simply do not have time to pick them up.
Naturally, this will create difficulties for appealing the fines. After all, if the shipment is not claimed within 7 days it will go back to the traffic police or TMS and will come into force. And once the decision comes into force, the deadline for appeal will be considered already expired. In this case, you will have to apply to the court for restoration of the period of appeal.
By the way, the project of the Ministry of digital development, communication and mass communication on the reduction of periods of storage of shipments on administrative offences designed to coordinate with the in force time loan-to 03.09.2018 year, a new Law “On postal communications of the Russian Federation”.
So the new rules of storage of “letters” in the mail will likely be approved by the Ministry of justice in the near future.
Why would it be necessary to reduce the storage time of items in administrative law?
What legislators have prevented the current retention period correspondence in the mail for administrative violations? After all, the reduction of periods of storage of letters on the administrative cases will create difficulties for the citizens. Especially drivers who can physically not be able to collect the same fine camera within 7 days and, accordingly, do not have time to appeal, if necessary, the resolution on attraction to administrative responsibility.
For example, what do you do if he can’t take “the happiness letter” in connection with a business trip, illness, etc.?
Indeed, in this case the court will have to prove good reason for missing the deadline to appeal that will create an extra headache.
Well, of course, the legislator has not thought about citizens. Because of you and the legislator think it is not fashionable. Storage periods of shipments cut to speed up the conveyor for the demand for the payment of car owners, and also to various departments have time to make a ruling on administrative cases. For example, some articles of the administrative code required to call the person in respect of which a criminal administrative case for a Protocol to prosecute.
In this case, the citizen is sent a notification by registered mail where it is under the current rules of storage of correspondence in the mail is kept for 30 days. But for some offences the decision on bringing to administrative responsibility must be established within 15 days. It turns out that if the letter comes out in the mail 30 days, many government agencies in many administrative cases do not have time to order. As a result, many persons who have violated administrative laws are not brought to justice. Particularly acute is the question on violations of traffic Rules.
On the one hand, the reduction of periods of storage of fines or other notices on administrative matters should make the inevitability of punishment for violations of the administrative code. This will especially benefit those who have forgotten, what are the Rules of the road. Including new retention administrative correspondence will allow to complicate the task of those who today in different ways delaying the consideration of administrative cases with the aim of deliberate abdication of responsibility by the expiration of the procedural period of limitation for bringing to administrative responsibility.
On the other hand, it is unclear why the retention period correspondence on administrative matters should be reduced to seven days. It’s really very small. Many people simply physically will not have time to pick up “letters of happiness”.
Taking into account the specifics of operation of post offices may also occur a difficult situation with the payment of half the fine in the first 20 days from the date of adoption of the resolution on bringing to administrative responsibility for violation of traffic rules. It is often the notification custom “letters of happiness” are being lost (for example, a mailbox is opened) or when re-notification is omitted the recipient’s mailbox on the last day of storage of correspondence. And this mess can occur when the storage time of the correspondence in the mail is 30 days. Can you imagine what chaos will notification mail for administrative cases, when the shelf life of “letters of happiness” will be reduced from 30 to 7 days? Sure, many drivers do not only not receive a certified letter and a fine because of a lost notice somebody else’s fault, but would not know about it. In this case, it will be skipped 20-day grace period for the payment of a penalty of 50%.
Yes, of course, the fines can be viewed and checked through the various services on the Internet. Including on the portal. Also you can even sign up to receive electronic “letters” in your account in state services. But not all such advanced. Because in our country a lot of drivers that are not compatible with modern technology. But it is precisely at this category of drivers may experience extra difficulties in connection with the reduction of periods of storage of a shipment for administrative violations.
Apparently, the authorities decided to increase the collection of fines. Yes, shortening the storage of fines in the mail will make a variety of procedural ways of avoiding administrative liability meaningless, which will lead to an increase in collection of fines. But, on the other hand, we think the new rules for storage of correspondence in the mail worsen for many drivers position their rights.
So soon not to miss “the happiness letter”, check your Inbox several times a day. Otherwise you can not manage to pick up a fine in the mail, for example, to appeal against the ruling. Also check the box will be beneficial to affliction provided by the law possibility to pay half of the fine.
For those who know what the portal of public services and the mailbox is not hearsay, it is best not to miss a penalty in administrative cases (for example, the penalty for violation of traffic rules), will be in the office of the public services to give their consent to receive email customized shipment, which will be sent to your email. Recall that this opportunity came from the citizens after the introduction of the Post of Russia special information system that allows drivers to send e-mail shipping fines. Pay attention that if you give your consent to receive e-registered letters for penalties, then you will not receive a paper letter with an envelope attached to the resolution, photograph and receipt for payment of the fine.
This, incidentally, is very convenient. Especially if you’re away from the place of registration. In this case, receiving a penalty charge notice by email, you can immediately pay the fine. Time and to always pay half the fine. Configuring an email notification about the fines, you will not survive far from home on their Inbox, where they can lie notice of registered letters in administrative cases for violation of traffic rules.