VS: Recognition of an administrative protocol as inadmissible evidence entails termination of the proceedings


Witnesses and witnesses

If witnesses are involved in the case, care should be taken to ensure that they have the right to be witnessed.
Only an adult capable person who is involved to certify the fact, content and progress of procedural actions can become a witness. There cannot be less than two witnesses. Advice: if these rules are violated, you should not tell the employee about them right away; it is better to save this information for appealing the protocol. For violations provided for in Art. 27 and art. 28.1.1 of the Code of Administrative Offenses of the Russian Federation, the presence of witnesses or video recording is mandatory.

It is necessary to record the fact of the participation of witnesses, as well as their any, even minor, comments on the case.

In addition to attesting witnesses, witnesses - people who know the circumstances of the case - can also take part in the case. The main requirement for witnesses is their legal capacity. The witness can even be a relative of the offender or a minor (but only in the presence of a psychologist or teacher). Comments and explanations of witnesses are also recorded.

Important: the person drawing up the protocol cannot be a witness. Download for viewing and printing:

Article 28.1.1 of the Administrative Code of December 30, 2001 N 195-FZ

When must the fine be paid?

In accordance with the law, the penalty must be paid within 60 days from the date the resolution enters into force. After the ruling is issued, the guilty person has 10 days to file a complaint and 10 days to have it considered (2 months if the petition is filed in court). If after 10 days the person does not wish to appeal the decision, the document imposing a sanction comes into force.

The court can take into account the difficult financial situation of the culprit if he submits a request in advance for a deferment (up to 1 month) or installment payment (no more than 3 months).

How is checking a fine online useful?

A recorded traffic violation entails inevitable liability. Ignoring this fact can lead to even more disastrous consequences.

In addition, the undoubted advantages of online verification are:

  • Possibility of paying foreclosure with a 50% discount;
  • Absence of an unpleasant procedure for communicating with bailiffs;
  • Open travel abroad, since there will be no arrears on fines;
  • Free sale of cars (if payment is not made, a sanction may be imposed in the form of a ban on the sale of the vehicle);
  • Identification of a “double car” (when someone drives with false vehicle license plates, and sanctions are issued to a real person who is not even aware of the violations);
  • Timely exclusion of erroneously submitted claims.

Motion to terminate proceedings

According to Part 1 of Article 24.4, a participant in the process may file a petition with the court to terminate the case of an administrative offense. Participants who have the right to submit a petition include:

  1. The person against whom the case is being conducted.
  2. Victim person.
  3. Legal representatives of the parties.
  4. Defenders of the parties.
  5. Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs.

There is only one requirement for the application - written form. There are no clear requirements for the content and format, so you can draw up a petition adhering to the general rules and structure.

In addition to detailed information, it is advisable to attach certified copies or originals of documents to the application.

Important: the law allows you to rely not only on the Code of Administrative Offenses of the Russian Federation, but also on other laws of the Russian Federation.

The evidence presented must confirm one or more grounds on which the case cannot be started or must be terminated, therefore, before filing a petition, you should carefully read Art. 24.5 Code of Administrative Offenses of the Russian Federation.

You can file a petition at any stage of the process before the court considers the case on the merits. You can submit an application:

  • the judge who is considering the case;
  • to the court office;
  • by mail with an inventory and notification of receipt.

Advice: It is better not to send the application by mail, as it may be delayed in transit and lose its meaning.
Download for viewing and printing: Article 24.4 of the Administrative Code of December 30, 2001 N 195-FZ

Article 24.5 of the Administrative Code of December 30, 2001 N 195-FZ

Payment Methods

Paying fines via the Internet and a bank terminal is the most convenient. Payments via the World Wide Web preferably involve no commissions or minimal commissions, but at the same time, this should be done through a trusted server.

Money for a fine can be transferred both from a bank card and from electronic wallets.

All methods:

  1. Bank (directly at the branch or through the terminal);
  2. State Services Portal (via personal account);
  3. Mobile app;
  4. Yandex money,

To transfer funds, you must enter a number of personal data of the car owner, for example, driver or vehicle license number. In some cases, other information may be needed (protocol or resolution number).

According to the protocol

It is possible to pay the fine according to the protocol through government services. To do this, you need to register in the system and create a personal account. In the future, information about the appearance of new penalties through the traffic police will appear in your personal account automatically if you enable the appropriate option. Upon completion of payment, the user can print a receipt for the completed payment or save it.

By resolution number

According to the decree, you can transfer payment for the fine on the traffic police website. Registration in this Internet resource in the future will give you the opportunity to immediately learn about the emergence of new penalties. The advantage of early detection of imposed sanctions is that the car owner will be able to pay them with a 50% discount.

If you pay the fine on time, you can get a discount

Incorrect payment through the service guarantees a full refund.

Online payment options

Currently, users have a large selection of payment options:

  1. Via SMS;
  2. Through an electronic wallet (WebMoney, Qiwi, Yandex Money, Moneta.ru;
  3. Visa, Mastercard bank card (the MIR card can be used for the traffic police service);
  4. Through the banking system (Sberbank, Alfa Bank, etc.);

Useful services on the Internet

In addition to the online services listed above, there are also Internet resources verified by car enthusiasts:

  • tools for paying a fine through Tinkoff Bank;
  • the recently launched Yandex.Fines;
  • Shtrafy-gibdd.ru;
  • onlinegibdd.ru.

How to pay with a 50% discount

Starting from 2021, in accordance with the provisions of Law No. 437, motorists have the opportunity to pay fines with a 50% discount. The time for discount payment is limited by types of offenses and a period of 20 days.

It should be remembered that some banks play it safe and may refuse to pay the fine at a discount if there are 1-3 days left before the deadline. This is due to the fact that a bank payment cannot go through instantly, it takes some time. On the last day of the discount, it is better to pay online.

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