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Company / Laws

Not sure fines

CULTURE-prava.rf 01.10.2017 at 17:56

Portal of legal culture. Exclusive comments of judges, prosecutors and lawyers. Legal articles. The pulse of the law. Surveys of legislation. audioblog. Authors: Olga zagvyazinskaya, Yaroslav Nikolenko

Not sure, not fines

the Supreme court has decided that the unjust punishment on the track the driver must

to obtain compensation for moral damage

Text: Vladimir Barshev

Rossiyskaya Gazeta - Federal issue No. 7376 (210)

significant decision for all car owners made the Supreme court. Now employees of traffic police and other departments who make decisions on the fining drivers for violations of the rules will have to be very careful and attentive. After illegally imposed penalty may result in a loss to the Treasury.

the Supreme court has decided that the fine was issued illegally, the driver can demand compensation for moral harm.

now, the details. Someone Alcinov in June 2015, was stopped by the inspector of traffic police OGIBDD M OMVD Russia "Zadonsky" for allegedly committing the violation. Namely, for overtaking in the area of the sign "Overtaking is forbidden". The inspector drew up a Protocol on administrative offense provided for by part 4 of article 12.15 of the code of administrative offences. According to this article, the driver could be fined 5 thousand rubles, or deprived of the rights to 4-6 months. To not do it, Altynov hired a lawyer. After all, the appeal of the decision also requires legal literacy.

I Have to say that this alleged violation occurred in the area of the temporary sign "Overtaking is forbidden". The traffic Rules state that overtaking is called "passing one or more vehicles by moving into oncoming traffic." That is, if one car is ahead of another in their half of the road, he makes no overtaking. And, therefore, the requirements of the sign does not violate.

In the end, the decision of the chief of local traffic police Avtsinova was convicted of

the violation under part 1 article 12.16 of the administrative code - failure to comply with

characters. The penalty - 500 roubles. However, this decision was not liked by the driver. On the road the wrong lane were separated concrete blocks. He could not go to the oncoming lane and then overtaking he did not commit. And advance is not prohibited by the rules. That is the sign "Overtaking is forbidden" in this situation is not important.

So the decision of the court of Zadonsk, the Lipetsk region resolution about the violation is cancelled, case dismissed due to lack of evidence of wrongdoing.

Then the driver has filed a lawsuit against the Ministry of Finance and Federal Treasury Department for the Lipetsk region for the attorney's fees in the amount of 5 thousand rubles and compensation for moral harm for illegal bringing to administrative responsibility in the amount of 5 thousand rubles.

All courts have agreed with the payment to the victim 4,5 thousand rubles for the services of a lawyer, but the moral damage was denied. Moreover, the court of appeal pointed out that the termination of the administrative proceedings shall not result in pecuniary harm to the person in respect of which was made up of only the Protocol. That is, the person is not in jail, he was not tortured with a MOP or a bottle of champagne, was not beaten and did not encroach on his property.

the Supreme court, However such arguments do not agree. Article 53 of the Constitution provides for a state compensation for damages caused by unlawful actions of state authorities or officials. Such harm is compensated in accordance with article 1069 of the Civil code of the Russian Federation from the Treasury of the Russian Federation, subject of the Russian Federation or the Treasury of the municipality.

To resolve citizen demands compensation for moral damage caused by unlawful bringing to administrative responsibility, it is necessary to establish the fact of the illegality of the act of attracting and moral

suffering.

the Courts established that the driver had been prosecuted illegal.

the Case was dismissed in connection with absence of event of violation. The courts do not indicate on what basis they came to the conclusion that honesty and obedience to the law do not fall under the list of intangible benefits contained in article 150 of the civil code.

Moral damages may be experiencing the humiliation of other uncomfortable condition.

So the case was remanded for a new trial in the court of appeal.

by the Way, the Supreme court recalled that the person whose right has been violated may demand full compensation of losses. Therefore, the judges of the lower courts had no reason to reduce the cost of the victim from 5 to 4.5 thousand rubles.

https://rg.ru/2017/09/18/za-nespravedlivoe-nakazanie-na-trasse-voditel-poluchit-kompensaciiu.html #traffic #DPS #FINE #violation