Is disqualification for non-payment of fines introduced? The new law on deprivation of rights for non-payment of fines

According to statistics, in the Russian Federation there are approximately 37% of debtor drivers. This is about 450 thousand citizens. Let's discuss in more detail the bill, which implies forfeiture of rights for non-payment of fines.

About the bill

Today, according to statistics, every third citizen of the Russian Federation has a driver's license. In addition to certification, many citizens also have debts. Is disqualification for non-payment of fines introduced? In the event that the debt is not repaid on time, from January 15, 2016, most of the debtors have all chances to remain without a driver's license, in connection with the signing of bill No. 661379-6. Thanks to him, the penalties for drivers without rights were significantly toughened. In the opinion of the State Duma deputies, the new bill will contribute to the growth of the return of debts.

Do I get a driver's license for non-payment of alimony?

On October 17, 2015, the Government of the Russian Federation signed Decree No. 661379-6 "On Amendments to the State Decree" On Administrative Proceedings "and Single Legislative Acts of Russia." In this regard, in the event of non-payment of a fine and non-payment of maintenance debts exceeding ten thousand rubles, the debtor will be deprived of the driver's license. This applies not only to cars, but also to all other modes of transport.

Thanks to the new bill, heavy bailiffs can select the rights of debtors up to the absolute repayment of maintenance payments. Deprivation of rights for non-payment of fines of the State Traffic Safety Inspectorate will be made extremely rarely, since most often their amount does not exceed the minimum threshold of the bill. With other types of arrears, the situation is different, since most of the fines for non-payment of alimony, loans and public services are a rather large sum. The law on deprivation of rights for non-payment of fines entails amendments and additions to the Federal Law and other normative acts.

Conditions for the confiscation of a driver's license

As we said earlier, the main circumstance for the confiscation of a driver's license is a debt in excess of ten thousand rubles. An exception can only be if the person did not contribute the money within a certain period for a good reason. If the precondition for non-payment has become a weighty circumstance, then the case will be examined on an individual basis. In this case, there is a chance that the rights will remain with their master.

Citizens who, according to the bill, can not be deprived of their rights

Not everyone can take away the rights. There is a category of people for whom rare exceptions are provided. Previously, rights were not denied in the event that the violator did not pay back the arrears of fines and alimony. According to the new bill, the debtor can not lose his driving license if:

• The total amount of recovered child support and fines is less than ten thousand rubles.
• Driver's license is the main source of earnings of a defaulter. For example, if he works as a taxi driver.
• In the settlement where the debtor lives, public transport does not regularly transport citizens.
• A person is considered an invalid, generally recognized in the regime defined by law.
• It is provided by a citizen who is legally recognized as a disabled person of the main or second category.
• He was given the possibility of installments to pay off the debt. In this case, you must always have a document with you that confirms this.

What to do?

It can be assumed that everyone is interested in the algorithm of the debtor's actions, for which the deprivation of rights for non-payment of fines can not be performed due to weighty reasons. Let's discuss in more detail what to do to a defaulter in this situation.

If the debtor falls under one of those categories, which we mentioned earlier, then first of all it must prove it. For example, an invalid is required to provide an officially certified certificate of his inferiority. To do this, you need to create a written appeal with notarized copies of documents, which confirm the impossibility of payment. We advise you to write an appeal in two copies: one for the court, and another for yourself in case of loss of the first copy.

Suspension of the driving license

The adopted decree significantly expands the powers of the heavy bailiffs, as they can, on their own initiative or in connection with the claim of the recoverer on non-payment of debts, make a decision on restricting the use of motor vehicles by the defaulter. However, this can happen only if before that the debtor was offered to repay the debt voluntarily. In the issued order, the judge is obliged to provide the debtor with an explanation of the fulfillment of the duties and to report on further managerial responsibility. This act is ratified by the senior heavy bailiff, and copies of it for one day must be delivered to the recoverer, the debtor and the Ministry of the State Traffic Safety Inspectorate in order to make the necessary restriction to the relevant base.

In the event that an act is not considered a hard decision or it is issued without referring to it, the judicial committee, on equal terms with the recoverer, has the right to file an application for the deprivation of the driver's license of the defaulter to repay the debt. After the deprivation of the driver's license for five days, the debtor must surrender his rights. In the event that a defaulter does not do this in a certain period, he may be held criminally liable. It is also worth emphasizing that it does not relieve debt repayment.

Failure to pay a fine

Surely each debtor is interested in what is threatening non-payment of fines for the deprivation of rights. Untimely repayment of arrears is a crime that, according to the legislation of the Russian Federation, is punishable by administrative punishment. If in a certain period the recovery was not paid, then from the next day the driver can be held accountable in the form of a fine or arrest for up to 15 days. Punishment in the form of public works is also possible. Usually in such cases appoint from 50 hours of work. Now you know exactly what is threatening the non-payment of a fine for the deprivation of rights. If 15 days are set aside or a certain number of hours is worked, then the debtor is still obliged to pay its debts. It is strongly recommended that you always repay fines on time.

Bill in other countries

Before the formation of the bill, which implies the deprivation of a driver's license for non-payment of fines, the deputies of the Russian Federation studied and analyzed the experience of foreign states. For example, in the UK, a special institution has been established that deals with child recovery. The organization discovers non-payers and monitors the repayment of debts on alimony. The institution also has the right to write a written application to the court asking for the deprivation of rights for non-payment of fines.

In Israel, as well as in the Russian Federation, the deprivation of a driver's license for non-payment of fines can not be committed if a person is disabled or his relative. This applies to those persons who earn with the help of a certificate. In the United States, the draft law, which provides for the suspension of the driver's license, is also actively applied.

However, it should be emphasized that in each region its amendments and additions to the decree. It is worth noting that the bill, which implies the denial of rights for non-payment of fines and alimony, is also active in the neighboring countries of the Russian Federation. For example, in Belarus in 2012 there is a decree on the short-term limitation of motor transport management for up to five years in the event of arrears, and in Kazakhstan since 2010 there is a ban on the issuance of licenses. It functions until the debt is completely repaid by the defaulter.

For what exactly can take a driver's license?

Deprivation of rights for non-payment of fines can be committed in the following cases:

1. If a citizen does not pay alimony, and the amount of debt exceeds 10 thousand rubles.
2. When it is necessary to pay a sum of money for the damage caused to someone else's health.
3. If a citizen caused material or moral damage to someone.
4. When a citizen has a debt on public services and fines.

Statistics

Last year a sociological poll was conducted in the cities of the Russian Federation. Its purpose is to clarify the attitude of citizens to the new bill. According to statistics, 53% of residents do not support the decision of the State Duma. Many citizens believe that the bill will not help reduce the number of debtors. Also in their opinion, this decree is mainly designed for that part of the population that lives on average or low income, since the rest can agree with the judge in an "individual order".

47% of the country's residents who supported the bill, believe that this will help restore all the debts and in the future not to save them. The only thing that still causes confusion: will they return the rights after the repayment of debts? Soon the government of the Russian Federation promises to clarify the bill and apply it in full.

Let's sum up

In the past years, article 67 of the Federal Law "On Administrative Proceedings" was actively used, which prohibits non-payers from traveling abroad. Only in the year before last, according to statistics, about 300 thousand orders were issued. They concern drivers with debts. For a year, non-payers paid a half billion rubles. In this regard, it is necessary to recognize that, most likely, the adopted decrees on the suspension of driving licenses will certainly become extremely effective.