The question regarding traffic fines was raised by a case where a fine was issued to a trucking company.
The Constitutional Court of the Russian Federation will have to consider a case involving a fine of 100 thousand rubles: it was issued to the owner of the truck, and a year after it was paid, it was canceled (due to amendments to the Code of Administrative Offenses that came into force). At the same time, the traffic police believes that the decision to annul the punishment is illegal, and therefore a court hearing was needed.
p>The request to the Constitutional Court came from the Kostroma Regional Court. According to Kommersant, we are talking about a case related to the Avtoprofi company from Tatarstan. She was fined by the traffic police for 100 thousand rubles (according to part 1 of article 12.21.1 of the Code of Administrative Offenses) for exceeding the permissible mass of the road train by 5.96%: according to the data of the weight and size control point, the vehicle indicator was 44.62 tons with an allowable 40 tons. The violation was discovered at the end of November 2021, and the department issued a decision about a month later.
A few days later, the company paid the fine using a 50% discount: we recall that the “discount” is set for some offences. when paid within 20 days from the date of the decision. Later, in June 2022, amendments to the Code of Administrative Offenses came into force, which lifted sanctions against truck owners for exceeding the weight by less than 10% (before that, the limit was 2%).
As a result, the company's lawyers in the Dimitrovsky District Court of Kostroma restored the deadline for appealing (due to an error in the mail), and also asked cancel that decision, referring to the amendments that abolished the responsibility for the specified excess of the permissible mass of the vehicle (in accordance with part 1 of paragraph 5 of article 24.5 of the Code of Administrative Offenses). Despite the fact that a year had passed after the payment, the court canceled the fine.
However, the traffic police did not agree with this. The agency used a different provision of the Code of Administrative Offenses — Part 2 of Article 1.7. According to it, the law mitigating the liability of the violator has retroactive effect only if at the time of its entry into force the decision had not yet been executed, which means that the fine should not have been paid. As a result, the Kostroma Regional Court revealed legal uncertainty, suspended the consideration of the case and sent a request to the Constitutional Court.
The fact is that, according to the literal reading of the above provision, the law does not have retroactive effect if the decision has not entered into force but already done. At the same time, the Constitution states that guilt is established only by a decree that has entered into force. At the same time, the Constitutional Court also noted earlier that the fact that the fine was paid before it came into force (in order to have time to pay at a discount) does not mean that the driver pleaded guilty, so he has the right to appeal against the punishment. Now the Constitutional Court of the Russian Federation will have to sort out the contradiction.
Recall that last month it became known that the Supreme Court of the Russian Federation clarified the rule regarding the deprivation of drivers' licenses for medicines. The amendments were needed after the decision of the Constitutional Court, published in November 2022. According to it, a temporary ban was introduced on punishing citizens for driving under the influence of drugs (this decision was caused by the presence of a legislative gap in the Code of Administrative Offenses).
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