The Supreme Court canceled the fine to the motorist, which she did not know about
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The lady was not notified of the payment due to moving
The Supreme Court of the Russian Federation banned the punishment of a driver who was not properly notified that he had been fined. The other day, the supreme court ruled to cancel the decisions, according to which the fine was unfairly imposed on the Muscovite.
As it became known to MK, back in August 2021, for some reason, the city dweller did not pay for parking, for which she was fined five thousand rubles. She did not pay the fine in due time (within two months after the decision to prosecute came into force), so one of the justices of the peace of the Savelovsky district decided to double the amount, as required by the Code of Administrative Offenses of the Russian Federation. True, the court did not take into account one important circumstance: no one informed the townswoman that she had been fined, she found out about this only after doubling the punishment.
The woman tried to challenge this decision in the district court, but to no avail. The second cassation court of general jurisdiction also did not take the side of the townswoman. And only in the Supreme Court was it possible to achieve justice.
Having considered the case, the judge noted that the person against whom the administrative offense case was initiated must be familiar with the protocol. The document must be drawn up in the presence of the accused, and if this is not possible, a copy must be sent to the citizen within three days. The inspector-inspector who drew up the protocol did just that, but sent it to the old address of the townswoman. And this despite the fact that she conscientiously informed the State Traffic Inspectorate about her move so that the employees of the department would make changes to the registration data of her car. That is, the woman physically could not know that she was fined.
Another violation pointed out by the higher authority is that after she moved, the cases were to be considered not by the justice of the peace of the Savelovsky district, but by the judge at her new place of residence. Accordingly, the decision taken by such a court cannot be recognized as lawful. And since by the time the case reached the Supreme Court, the statute of limitations had expired, the proceedings on it were terminated.
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