Drivers who took people out from under shelling in the Belgorod region can be forgiven for traffic violations
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The Belgorod police are ready to review the fines for speeding by drivers who took residents of the Shebekinsky urban district out of the shelling. The department called on such citizens to independently appeal the fines for violations committed on the Belgorod-Shebekino-Volokonovka highway from June 1 to June 6. Local residents complained about unfair sanctions from the traffic police to the governor of the Belgorod region Vyacheslav Gladkov. Some of them propose to completely remove automatic complexes for fixing violations in the territories that are under shelling from Ukraine.
Complaints about speeding fines received by drivers who took residents of Novaya Tavolzhanka out of the shelling appeared in the comments on the page of the Governor of the Belgorod Region Vyacheslav Gladkov on VKontakte: “Our male Tavolzhans take civilians to Belgorod in their own cars. At the call of the heart, risking their own lives, of course, at high speed under shelling ”(quote from “Bel.ru”). The user clarified that we are talking about a fine of 2 thousand rubles.
In response to this message, the Minister of Roads and Transport of the Belgorod Region, Sergei Yevtushenko, said that officials had sent an appeal to the regional traffic police department with a request to resolve the issue with fines.
In the regional Ministry of Internal Affairs, in turn, suggested fined car owners to contact the Center for Automated Recording of Administrative Offenses in Belgorod. The department emphasized that this applies to those who were brought to administrative responsibility with the help of photo and video cameras on the Belgorod-Shebekino-Volokonovka highway from June 1 to 6. During these days took place massive shelling of the border areas of the region by Ukraine.
According to the daily reports of Governor Vyacheslav Gladkov, over 3,000 different types of ammunition were fired in the Shebekinsky urban district in six days. There are a lot of destroyed housing, administrative buildings and enterprises in the district; local residents are leaving it en masse. There are more than 4,000 Shebekin residents in temporary accommodation centers in Belgorod alone, some of them have left for other regions.
According to the Ministry of Internal Affairs, the complaints of those fined on the road from Shebekino to Belgorod will be considered in the order of Ch. 30 of the Code of Administrative Offenses of the Russian Federation “Revision of decisions and decisions in cases of administrative offenses”, as well as paragraph 3 of Art. 24.5 of the Code of Administrative Offenses of the Russian Federation “Circumstances excluding proceedings in a case of administrative offenses.”
According to paragraph 3 of Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, causing harm to legally protected interests in a state of emergency is not an administrative offense.
Those who acted to eliminate the danger to themselves or others, if the danger could not be eliminated by other means, are not held liable. Extreme necessity is also understood as those circumstances in which the harm caused by the offense is less significant than the harm prevented.
“I am not aware of any cases of cancellation of fines issued on the testimony of cameras, precisely on the basis of extreme necessity, in the conditions of which these offenses were committed,” Sergey Radko, a lawyer for the Freedom of Choice movement, told Kommersant. “However, there were no shelling of our territory before either. , and this is precisely the reason why people left the places of warfare, where their lives and health were in real danger.
The lawyer points out that the cancellation of the decision on the fine can be made only on the complaint of the citizen himself or on the protest of the prosecutor. If the citizens themselves do not file such complaints, the prosecutor must at least receive copies of these decisions to file a protest, Mr. Radko added.
According to Dmitry Gorbunov, a partner at Rustam Kurmaev & Partners, citizens can file a judicial or out-of-court complaint, or the prosecutor’s office can intervene in the case, recognizing the actions of police officers as illegal. In addition, he believes, in the order of departmental control, higher officials themselves can cancel the decisions.
“However, a question arises. Everyone knows the circumstances of an objective nature – what prevents us from considering the issue of cancellation without complaints from citizens? In addition, what prevented, when considering the issue of bringing to responsibility, to take into account all the circumstances and release from liability? Why this bureaucracy? the expert wonders.
In the comments under the posts of Governor Vyacheslav Gladkov in social networks, residents are asking similar questions. “It seems to me that speed cameras are clearly not needed in areas where shelling is taking place. People do not look at them, they fly, saving their lives and the lives of other civilians. It would be prudent to partially remove them altogether in some areas, ”wrote one of the subscribers.
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