What did the legislator forget when providing an installment plan for the compulsory execution of an administrative fine during a pandemic for small enterprises in affected industries?

Is there an installment plan for fines in administrative cases?

With a significant increase in the amount of fines for committing an administrative offense, the issue of obtaining the right to installment plans has become relevant.

Not everyone can immediately pay a fine of 50,000 rubles for driving while drunk for the second time.

However, no one wants to avoid fulfilling this obligation. You can get a deferment. It is important to know how, where and what needs to be done for this.

At the legislative level, in the process of considering cases of administrative offenses, the judge and other authorized bodies make an appropriate decision on the commission of an offense. They also resolve issues related to making decisions on extending the term of execution of punishment in administrative cases.

In this case, certain nuances should be taken into account when it is possible to install a fine in an administrative case:

the presence of reasons indicating the impossibility of paying the fine on time;
problems at work, with the payment of wages and their amount is too small.

The judge is not required to grant a delay, but he has the right to do so. The court does not provide for the provision of installment plans automatically. The violator must apply for this in compliance with all the deadlines given to him to take advantage of this right.

Installment payment of an administrative fine to the traffic police

Good afternoon, dear reader.

Quite often in practice you can find drivers who thoughtlessly violate traffic rules and receive quite large fines for this (for example, up to 30,000 rubles for driving while intoxicated).

However, not every driver is able to pay the entire fine at once. In particularly difficult cases, the driver’s monthly income may be significantly less than the amount of the fine. This is where the question arises: is it possible to pay an administrative fine in installments ?

Today we will talk about the features of the installment plan for an administrative fine, as well as how to obtain this installment plan. In addition, a sample application for obtaining installment plans will be provided. Let's get started.

When is it possible to get

To get a deferment you need to know a few rules:

the application is submitted only by order;
if there are no grounds for appealing the document, then you should wait ten days;
an application for an installment plan or deferment after the expiration of the sixty-day period for payment of the fine becomes meaningless, since in this case there are all grounds for holding the person accountable for late payment;

After considering the issue of installment plans, the individual is given a copy of the determination in person against signature. The document can also be received by authorized persons under a power of attorney with a personal signature.

If the violator wishes to receive a determination, but cannot personally pick it up, then the document is sent by registered mail with notification.

To obtain this right, you must complete and provide the following information.

- presence of two or more children (birth certificate);

— absence of a breadwinner in the family (certificate);

— an extract from the violator’s current account;

- presence of disability or confirmation of registration with the employment center.

Before the decision is put into execution, a person has the right to apply for a deferment or installment plan for the execution of the decision. You should additionally submit documents indicating the difficult financial situation of the offender.

Video: Documents attached to the administrative claim

Requirements for the violator

In order to have every reason to be able to pay the fine in installments, the offender must follow a number of rules:

if a fine is imposed on a minor, then parents or other authorized persons can take responsibility for the execution and submission of the application;
falsification of documents, indicating a difficult financial situation or discrepancy between data and reality may be grounds for refusal to grant a deferment of execution of an administrative penalty;
the basis for granting the application may be lack of work, property, disability and other reasons with documentary evidence.

So, for example, when imposing sanctions in the amount of 30,000 rubles, the court may grant a three-month installment plan with the obligation to pay 10,000 rubles no later than a specific date of each month. The document also contains details for payment.

Read more about the deposit guarantee fund here.

Installment of a fine in an administrative case - how to apply?

In order to quickly obtain the right to an installment plan or deferment of an administrative fine, you should follow a number of simple steps:

The head of the resolution indicates the FIL position of the person who directly compiled this document. This information will be required to correctly complete the application.
Next, you need to request from the relevant organizations documents indicating the difficult financial situation of the offender.

Now you can start filling out the application:

Handwritten text or using a printing press is allowed;
if the text is written by hand, it must be clear and legible;
the name of the official (judge, traffic police officer) is entered in the header of the document;
the main part must indicate the data of the document containing data on the administrative violation (number, date, amount, reason, articles);
the installment period is also indicated, which cannot exceed three months from the date of the decision.

At the end of the document you should put the date it was completed and a signature with a transcript.

The violator must receive from a judge, body, or official a ruling on an installment plan or deferment of payment of the established amount, or a refusal. The document will also indicate a plan for paying the fine with the date and amount of payment.

It is better not to delay submitting the application so that the court considers it as soon as possible and makes an appropriate decision.

Where to contact

The decision itself always indicates the details of the body that issued it - the full name of the official, the address of the court. It is to this address that an application for a request to provide an installment plan from one to three months for an administrative penalty should be submitted.

There is an authorized person in the court office who must accept the application and proposed documents. It is better to draw up a transfer register with an inventory of all documents. One copy is given to the office, and the other remains with the violator with a note indicating the acceptance of all documents.

The application must be submitted within 10 days from the date of delivery or receipt of a copy of the decision, unless there are reasons for appeal.

Sample application for installment payment of fine

Help me draw up an application for installment payment of a fine, send me a sample, the court doesn’t give you any forms or wants to help you draw it up.

Hello. Drawing up any legal documents on this site is a paid service. Contact any lawyer in person and they will draw up documents for you for a fee.

Drawing up procedural documents is a paid service, please contact us in private messages or in person to any lawyer.

Help me draw up an application for installment payment of a fine, send me a sample, the court doesn’t give you any forms or wants to help you draw it up. go to the website “ALL CLAIMS” there are sample documents.

How to write an application for installment payment of an administrative fine under Article 14.16 Part 2.1, I would like a sample! Thank you!

Samples hang on the walls in court. :sm_ad:

How to draw up an application for installment payment of an administrative fine to a magistrate’s court, if possible, a sample. Thank you.

There are no samples as such; each application is drawn up individually. document preparation is a paid service.

Please send a simple sample application form for installment payment of a fine of 30,000

To ____________________________ court From: (full name or name of the debtor) Address:___________________________ Application for deferment or installment plan for the execution of a court decision By the decision of the __________________ court dated "___" ____________ 20___ on the claim of A to B recovered__________________________________________________________________________ (indicate the essence of the decision) Based on of the said decision, a writ of execution was issued and the bailiff initiated enforcement proceedings No. _______________________. Based on the said enforcement proceedings and the order of the bailiff, I (we) have been asked to voluntarily execute the court decision within ________________________. My (our) property situation does not allow me to fully comply with court decisions within the prescribed period, since ___________________________________________. (conduct evidence confirming the difficult financial situation of the debtor) Based on the above, in accordance with Article 203 of the Code of Civil Procedure of the Russian Federation, Art. 37 Federal Law “On Enforcement Proceedings”, I ask: to postpone the execution of the court decision from _____________ No. _______ to _______________ 20___ or to spread it in installments __________________________________________________________ (indicate the time and procedure for installments) Appendices: 1. Available evidence of financial situation. 2. Act of the bailiff.

I need a sample application for installment payment of a fine for deprivation of rights.

Anton Vadimovich, an installment plan can be granted by the court due to the difficult financial situation of the defendant, which does not allow him to pay the entire amount awarded by the court in a lump sum, but there are conditions when he pays the amount in equal parts, for example, monthly. There are no samples or templates; the application for installment plan must be drawn up taking into account exactly your circumstances of the case.

Please sample application for installment fine, unemployed and dependent on a small child.

Statement. I ask you to provide an installment plan for the payment of an administrative fine in case No. ____________ dated __________________ in connection with _____________________________ (number of the decision) (date of the decision) __________________________________________________________________ (reason for granting the installment plan) ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ for ___________ months. Appendix: ______________________________________________________________________________________________________________________________________________________________ (the application for the application of the installment plan must be accompanied by a document indicating the financial situation of the person brought to administrative responsibility: a certificate of income, available dependents, etc. “___”____________ 20__ _________________ (signature) ,

Legal advice by phone: 8800 505 9111. The call is free.

Sample application for installment payment of an awarded fine

To the Sovetsky District Court of Samara

court address

From the lawyer of the non-profit organization “Samara Regional Collegium”

lawyers” Antonova A.P.

reg. No. 63/2099 in the register of lawyers of the Samara region

Address for correspondence: 443080, Samara, Karl Marx Avenue,

192, office 619, tel. 8-987-928-31-80

In the interests of the convicted person FULL NAME1

Petition

in order Part 2 Art. 398 Code of Criminal Procedure of the Russian Federation

on installment payment of fine

By the verdict of the Zhigulevsky City Court of the Samara Region dated DATE FULL NAME1, he was found guilty of committing a crime under paragraph “b” of Part 2 of Article 172 of the Criminal Code of the Russian Federation and he was sentenced to imprisonment for a term of 4 years, with a fine of 500,000 rubles. , serving a sentence in a general regime correctional colony.

This sentence came into force.

Fine in accordance with Art. 46 of the Criminal Code of the Russian Federation is a monetary penalty imposed by the court taking into account the gravity of the crime committed and the property status of the convicted person and his family, as well as taking into account the possibility of the convicted person receiving wages or other income.

An installment plan is a permission to pay a fine in installments. The basis for installment payment is the impossibility of the convicted person paying the fine within the period specified in Part 1 of Art. 31 of the Penal Code of the Russian Federation.

Taking into account Art. 31 of the Penal Code of the Russian Federation, installment execution of a sentence is possible for a period of up to five years. The deadline for paying each part of the fine is set by the court.

According to Part 2 of Art. 398 of the Code of Criminal Procedure of the Russian Federation, payment of a fine can be spread over a period of up to five years if immediate payment is impossible for the convicted person.

In accordance with paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 2011 No. 21 “On the practice of application by courts of legislation on the execution of a sentence”, Petition for installment payment of a fine (Part 2 of Article 398 of the Code of Criminal Procedure of the Russian Federation), if this issue is not resolved in the sentence , is considered in the manner established by Article 399 of the Code of Criminal Procedure of the Russian Federation. At the same time, the court checks the arguments of the convicted person that it is impossible for him to pay the fine at a time. For this purpose, the court hears the explanations of the convicted person, if he participates in the court hearing, explanations of other persons participating in the case, the opinions of the bailiff and the prosecutor (if he participates in the court session) and examines the presented materials.

Currently, FULL NAME1 is not married, does not work, is serving a sentence of actual imprisonment, and therefore immediate payment of the fine is impossible for him.

At the same time, the cost of living is currently in the Samara region for the third quarter of 2021, per capita - 10,014 rubles; for the working population – 10,996 rubles, which is confirmed by Decree of the Government of the Samara Region No. 674 of October 27, 2017.

FULL NAME1 has no previous convictions, is not registered with a narcologist or a psychiatrist, and is characterized positively at his place of residence. The court recognized the presence of a dependent young child, the presence of letters of gratitude at the place of work, and the commission of a crime for the first time as circumstances mitigating the punishment of the defendant FULL NAME1. Circumstances aggravating the punishment for the defendant FULL NAME1 have not been established.

Based on the above, in accordance with Part 2 of Art. 398 Code of Criminal Procedure of the Russian Federation and Art. 37 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”,

P R O S H U S U D:

Provide the convicted person FULL NAME1 with an installment plan for the execution of the sentence of the Zhigulevsky City Court of the Samara Region dated DATE on the collection of a fine in the amount of 500,000 (five hundred thousand) rubles for a period of 5 years (8,333 rubles monthly).

Applications:

a copy of the verdict;

lawyer's order (original)

Lawyer _________________ A.P. Antonov

Lawyers' answers (1)

Yes, you can apply... You must file an application with the judge or official who issued the order imposing the fine.

To receive an installment plan, you must provide a document confirming your financial situation

I’ll send you a sample petition...

on granting installment payment of an administrative fine

In accordance with Part 2 of Art. 31.5 of the Code of the Russian Federation on Administrative Offenses, I ask you to provide an installment plan for the payment of an administrative fine in the amount of ___________, imposed in accordance with the resolution on the imposition of an administrative penalty dated “___”______________20___ No. ______, for a period of three months, in connection with _______________________________________________________________________________ (circumstances indicating difficult financial facial position).

Appendix: on ___ sheets

- documents confirming the existence of circumstances indicating the difficult financial situation of the person;

- documents confirming the authority of the person submitting the application.

Article 31.5. Code of Administrative Offenses of the Russian Federation Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty

1. If there are circumstances due to which the execution of a decision imposing an administrative penalty in the form of administrative arrest, deprivation of a special right, forced expulsion from the Russian Federation of a foreign citizen or stateless person or in the form of an administrative fine is impossible within the established time frame, a judge, body, official the person who issued the decision may delay the execution of the decision for up to one month

Lawyers' answers (2)

Article 31.5. Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty

1. If there are circumstances due to which the execution of a decision imposing an administrative penalty in the form of administrative arrest, deprivation of a special right, forced expulsion from the Russian Federation of a foreign citizen or stateless person or in the form of an administrative fine is impossible within the established time frame, a judge, body, official the person who made the decision may delay the execution of the decision for up to one month. (as amended by Federal Laws dated 09.11.2009 N 249-FZ, dated 03/08/2015 N 57-FZ) (see text in the previous edition)

2. Taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread over a period of up to three months by the judge, body, or official who made the decision. 3. Postponement or installment plan for the execution of a decision imposing an administrative penalty in the form of an administrative fine does not apply to foreign citizens and stateless persons who have been assigned an administrative fine simultaneously with administrative deportation from the Russian Federation, as well as to persons who have been assigned an administrative fine for committing administrative offenses provided for in Articles 11.26 and 11.29 of this Code, in the case of committing these administrative offenses using vehicles owned by foreign carriers. (Part 3 introduced by Federal Law dated December 28, 2013 N 383-FZ; as amended by Federal Law dated November 24, 2014 N 362-FZ) (see text in the previous edition) 4. When applying a deferment or installment plan for the execution of a decision imposing an administrative penalty The court, body, or official that issued the decision indicates in the decision the period from which the execution of the administrative penalty begins. (Part 4 introduced by Federal Law dated 03/08/2015 N 57-FZ)

From the moment the decision to bring the person to administrative liability comes into force, the fine must be paid within 60 days. I advise you to write an application for installment payment of the fine at the end of the legal period, this way you will be given an additional 3 months.

Another comment on Art. 31.5 of the Code of the Russian Federation on Administrative Offenses

1. At the stage of enforcement of a decision to impose an administrative penalty, it is possible to resolve a number of procedural issues, in particular those related to deferment and installment execution. The decision to defer or installment execution of an administrative penalty is made by the judge, body, or official who made the decision.

2. Postponement of execution means postponing the deadline for execution to a later date. The possibility of deferring the execution of a decision to impose an administrative penalty is due to circumstances due to which execution of the decision within the established time frame is impossible. The list of such circumstances is not specified in the Code of Administrative Offenses of the Russian Federation. This could be, for example, the illness of a person who has been sentenced to administrative arrest, or the financial difficulties of a person who has been fined. Deferment of the execution of a decision in a case of an administrative offense is allowed only in cases where a punishment is imposed in the form of administrative arrest, deprivation of a special right or an administrative fine (except for cases of collection of a fine on the spot). The permissible deferment period is no more than one month.

3. Installment execution is the execution of a decision to impose an administrative penalty in parts, within the time frame established by the judge, body, or official who issued it, but not more than three months. The previously effective Code of Administrative Offenses of the Russian Federation did not provide for installment plans.

Installment of execution applies only to one administrative penalty - a fine. The basis for the decision by the authorized body and official to defer execution is the financial situation of the person brought to administrative responsibility.

4. Article 18 of the Federal Law of July 21, 1997 “On Enforcement Proceedings” establishes that if there are circumstances that prevent the execution of enforcement actions, the bailiff, on his own initiative or at the request of the parties, as well as the parties themselves, have the right to go to court or another body that issued the executive document, with an application for a postponement or installment plan for its execution, as well as a change in the method and procedure for execution.

5. Article 19 of the said Law provides for the possibility of delaying enforcement actions. The bailiff may postpone enforcement actions at the request of the claimant or on the basis of a judge's ruling. If there are circumstances that prevent the execution of enforcement actions, the bailiff may postpone enforcement actions for a period of no more than ten days at the request of the debtor or on his own initiative. In this case, the bailiff issues an appropriate resolution, and the parties, the court or other body that issued the executive document are notified.

Like Magistrate Judge of Judicial District No. 2 of Belozersky District, Kurgan Region Address: 641360, Kurgan Region, p. Belozerskoye, st. K. Marksa, 20 from Ivan Ivanovich Ivanov Address: Kurgan region, Belozersky district

APPLICATION for installment plan for execution of the decision imposing an administrative penalty in the form of an administrative fine

By the resolution of the Magistrate of the judicial district No. 2 of the Belozersky judicial district of the Kurgan region of December 2013, Ivanov I.I. was found guilty of committing an administrative offense under Part 1 of Art. 12.8 Code of Administrative Offenses of the Russian Federation. Ivanov I.I. An administrative penalty was imposed in the form of an administrative fine in the amount of 30,000 rubles with deprivation of the right to drive vehicles for a period of 1 year and 6 months.

At the moment, due to the difficult financial situation, Ivanov I.I. does not have the opportunity to pay a one-time fine in the amount of 30,000 (Thirty thousand) rubles, imposed by a resolution of the magistrate for the following circumstances:

1. Ivanov I.I. has a small salary (I attach certificate 2-NDFL).

2. Ivanov I.I. there are no additional earnings that he had, having the right to drive vehicles.

3. Dependent on Ivanov I.I. there are young children and a wife (this fact was established by the court).

4. Ivanov I.I. there are monetary obligations with credit and other institutions (including Sberbank of Russia, OTP Bank).

These circumstances indicate the impossibility of Ivanov I.I. comply with the court order within the established time frame.

In accordance with Part 2 of Art. 31.5 of the Code of Administrative Offenses of the Russian Federation, taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread out by the judge who made the decision for a period of up to three months.

In accordance with Part 1 of Art. 32.2 of the Code of Administrative Offenses of the Russian Federation, an administrative fine must be paid by a person brought to administrative responsibility no later than sixty days from the date of entry into force of the decision to impose an administrative fine or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.

The Code of Administrative Offenses of the Russian Federation does not contain restrictions on the period of time during which a person brought to administrative responsibility may apply to the court with an application for an installment plan for the execution of the decision made by him in a case of an administrative offense, the period for its voluntary execution established by Part 1 of Art. . 32.2 Code of Administrative Offenses of the Russian Federation.

The amount of the fine imposed on Ivanov I.I. in the amount of 30,000 rubles, taking into account his difficult financial situation, is significant and does not allow him to pay the administrative fine at a time within the period established by the Law.

Therefore, Ivanov I.I. considers it necessary to declare the execution of the court order in installments for a period not exceeding that established by the Law, that is, for 3 months, by paying an administrative fine: until April 2014 in the amount of 10,000 rubles, until May 2014 in the amount of 10,000 rubles. , until June 2014 in the amount of 10,000 rubles.

Based on the above and guided by Art. 31.5, 32.2 of the Code of the Russian Federation on Administrative Offences,

I ASK THE COURT:

To extend the execution of the resolution of the Magistrate of the judicial district No. 2 of the Belozersky judicial district of the Kurgan region from December 2013 by paying an administrative fine: until April 2014 in the amount of 10,000 rubles, until May 2014 in the amount of 10,000 rubles, until June 2014 in the amount of 10,000 rubles. Applications.

Application for installment plan for execution of a court decision (sample, approximate contents)

Unfortunately, the legislator does not provide any special form for applying for installment plans. This means that when writing it, it is enough to be guided by the general requirements for judicial documents.

Conventionally, the content of an application for installment execution of a court decision can be divided into three main parts:

The header indicates the details of the applicant, the court, persons interested in the decision, as well as the trial (number of the claim, parties).
Next comes the main text - here the applicant needs to briefly outline information about the court’s decision, as well as the circumstances that he considers sufficient to grant an installment plan.
The application ends with a part containing the applicant’s request, in which it is necessary to indicate the procedure for providing payments.

The application must also be accompanied by documents confirming the impossibility of implementing the court decision in a simpler way. The text of the document must contain a corresponding entry.

Speaking about the sufficiency of the grounds, the court has the opportunity to independently draw conclusions about the rationality of the applicant’s claims. However, the likelihood of such a request being approved will increase significantly if:

compose the text of the application correctly, reflecting all the necessary information specified in the proper form;
the applicant presents conclusive evidence of his inability to pay off the obligation in full.

When writing such a statement, it is necessary to ensure that the presentation is as concise as possible, since judges do not like to read into lengthy “fictional narratives”. For example, some parts of the text should be formatted as a list, others – in small paragraphs. You can familiarize yourself with one of the sample applications for installment execution of a court decision

Consideration by the court of the issue of installment decision

The debtor's lack of funds to execute the court decision is not a basis for granting an installment plan. In this case, the bailiff has the right to foreclose on the defendant’s property. After all, execution of a court decision is possible through the sale of this property.

An application for an installment plan is considered by the court that made the decision in the case. An application for installment plan is not paid with state duty. As a general rule, the court considers the application without a court hearing or summoning the parties. However, the court has the right to schedule a meeting and notify the participants (this most often happens). But the appearance of the parties at the consideration of the application in such cases is not obligatory. All persons who took part in the case are indicated as interested parties. In addition, a bailiff.

An application for installment payment is submitted to the court in free form; there are no special requirements for its content. However, when submitting an application, we recommend that you adhere to the template posted on the website.

Applications for deferment and installment payment of a court decision - what is the difference?

In case of installment payment, the applicant asks for a special way to repay the obligation - regular small payments. The reason for this may be the lack of the entire required amount and the possibility of paying money only in parts (for example, from salary).

Important! Judges almost never consider requests for installment plans for more than 1–1.5 years, with the exception of cases in which particularly large amounts are involved.

When we talk about deferment, we mean the applicant’s request to repay the entire amount at once, but after a certain amount of time. Accordingly, the reasons in this case may be different: pregnancy, being in a medical institution, the fact that a person is registered as unemployed, etc. As a rule, judges perceive a period of up to 1 year quite loyally.

In terms of structure, there are no special differences between these two types of petitions. Most importantly, do not forget to state your requirements clearly and concisely, without deviating from the overall plan.

Lawyers' answers (1)

Petition for an installment plan for payment of an administrative fine

In accordance with Part 2 of Article 31.5 of the Code of the Russian Federation on Administrative Offenses, I ask you to provide an installment plan for the payment of an administrative fine in the amount of _______________________________________, imposed in accordance with the resolution on the imposition of an administrative penalty dated “___” ______________ 20___ No. ____________ for a period of ____________ months, in connection with ___________________________________________________________ (indicated circumstances indicating a person’s difficult financial situation).

Appendix: on ___ sheets

- documents confirming the existence of circumstances indicating the difficult financial situation of the person;

- documents confirming the authority of the person submitting the application.

Answers from lawyers (7)

Good afternoon, Yuri!

Article 203. 1. The court that has considered the case, upon applications of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances, has the right to postpone or defer the execution of the court decision, change the method and procedure for its execution. 2. The applications specified in part one of this article are considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to the consideration and resolution of the issue raised before the court. 3. A private complaint may be filed against a court ruling to defer or install the execution of a court decision, or to change the method and procedure for its execution.

You need to file an application for an installment plan or stay of execution of the judgment with the district court that heard the case.

What documents are needed for installment plan

To the application for granting an installment plan for the execution of a court decision, the applicant must attach documents that confirm their financial situation. And evidence that the obligation can be fulfilled in parts. Such evidence includes certificates of the amount of earnings or other income that is paid in periodic payments.

You can attach the children's birth certificate or a guardianship order as proof of expenses. You can attach receipts for expensive treatment and other documents.

In general, the list of documents for installment payment is not established anywhere. Considering the arguments presented in the application, attach supporting documents. That is, each justification for the installment plan must be documented. Talk about income - attach a certificate confirming it. Talk about expenses - attach the relevant documents. It is clear that there is no point in confirming, for example, expenses for food, clothing and other daily needs. These expenses are covered by the concept of a living wage. It is necessary to confirm the individual expenses that are unique to you personally.

Have a question for a lawyer?

CAS RF, Article 189. Postponement or installment plan for the execution of a court decision, changing the method and procedure for executing a court decision

1. The court that has considered the administrative case, in accordance with statements of the persons participating in the case, the bailiff, or based on the property status of the parties or other circumstances, has the right to postpone or defer the execution of the court decision, change the method and procedure for its execution.

Since the amount of the fine was reduced by half, we can conclude that you did not receive a refusal to accept the appeal, but a partial satisfaction of it. The final decision in your case will be a judicial act issued by the appellate court.

This means that an application for installment plan must be submitted to the appellate court.

Client clarification

Yes, there is a decision of the regional court of appeal - “to change the decision of the district court in part of the amount, but leave the rest unchanged.” So you need to go to the region with a petition and participate in the meeting?

10 July 2021, 12:37

You need to write an application for installment execution of the court decision to the court of first instance that made the decision

Client clarification

It’s not clear, some write what goes there, others write here. On appeal, the decision of the 1st instance was considered and changed.

10 July 2021, 12:40

Client clarification

So the case was considered twice on the merits and there are 2 decisions: 1 instance and a higher authority

10 July 2021, 12:48

You must write a statement to the district court that heard the case

You must write to the court that made the decision... the law requires it... i.e. write to the district court

In connection with your clarification, I think it would be easier to go to the district court, because the appeal did not make a new decision, but only changed the decision of the district court

Article 31.5 of the Code of Administrative Offenses of the Russian Federation. Postponement and installment plan for the execution of a decision on the imposition of an administrative penalty 1. In the presence of circumstances due to which the execution of a decision on the imposition of an administrative penalty in the form of administrative arrest, deprivation of a special right, forced deportation from the Russian Federation of a foreign citizen or stateless person or in the form of an administrative fine is impossible within the established time frame, the judge, body, official who made the decision may postpone the execution of the decision for a period of up to one month. (as amended by Federal Laws dated 09.11.2009 N 249-FZ, dated 03/08/2015 N 57-FZ) 2. Taking into account the financial situation of the person held administratively liable, the payment of an administrative fine may be spread out by a judge, body, official, who made the decision, for a period of up to three months. 3. Postponement or installment plan for the execution of a decision imposing an administrative penalty in the form of an administrative fine does not apply to foreign citizens and stateless persons who have been assigned an administrative fine simultaneously with administrative deportation from the Russian Federation, as well as to persons who have been assigned an administrative fine for committing administrative offenses provided for in Articles 11.26, 11.29, 12.9, parts 6 and 7 of Article 12.16, Article 12.21.3 of this Code, in the case of committing these administrative offenses using vehicles owned by foreign carriers. (Part 3 introduced by Federal Law dated December 28, 2013 N 383-FZ; as amended by Federal Laws dated November 24, 2014 N 362-FZ, dated December 14, 2015 N 378-FZ) 4. When applying a deferment or installment plan for the execution of a resolution on the appointment of an administrative punishment, the court, body, or official that issued the decision indicates in the decision the period from which the execution of the administrative punishment begins. (Part 4 introduced by Federal Law dated 03/08/2015 N 57-FZ)

Request for an installment plan for the payment of an administrative fine In accordance with Part 2 of Article 31.5 of the Code of the Russian Federation on Administrative Offenses, I request an installment plan for the payment of an administrative fine in the amount of _______________________________________, imposed in accordance with the resolution on the imposition of an administrative penalty dated "___" ______________ 20___ No. ____________ for a period of ____________ months , in connection with _________________________________________________________________ (circumstances indicating the difficult financial situation of the person are indicated). Appendix: on ___ sheets - documents confirming the existence of circumstances indicating the difficult financial situation of the person; - documents confirming the authority of the person submitting the application. Date, signature

Commentary on Article 31.5 of the Code of Administrative Offenses of the Russian Federation

1. The possibility of deferring and/or extending the execution of the specified resolution in the presence of circumstances due to which the execution of the resolution is impossible within the established time frame, or taking into account the financial situation of the person brought to administrative responsibility by the judge, body, official who issued the resolution, and in some cases when agreeing on the issue of granting a deferment and/or installment plan for the execution of the decision to impose an administrative penalty with the bailiff who initiated enforcement proceedings (letter of the State Customs Committee of the Russian Federation dated March 20, 2003 N 01-06/11998 (as amended on February 25, 2004) “On clarification of the provisions Code of Administrative Offenses of Russia, regulating the execution of decisions in cases of administrative offenses").

It is possible to grant a deferment and/or installment plan for the execution of a decision to impose an administrative penalty for a period of time: deferment - up to one month, installment plan - up to three months. There are no corresponding deferment and installment periods in the APC of the Russian Federation.

Delay in the execution of a decision imposing an administrative penalty in the form of a warning, in the form of an administrative fine collected at the place of commission of an administrative offense, in the form of administrative deportation from the Russian Federation of foreign citizens or stateless persons, in the execution of decisions on paid seizure or confiscation is not allowed. things that were an instrument of commission or the subject of an administrative offense, as well as in the execution of a disqualification order.

Regarding other types of administrative penalties, the application of which is provided for by the current legislation of the Russian Federation, the provisions of Chapter 32 of the Code of Administrative Offenses apply (see commentary).

In case of deferment and/or suspension (see commentary to Article 30.11 of the Code of Administrative Offenses) of the execution of the decision to impose an administrative penalty in accordance with Articles 31.5, 31.6, 31.8 of the Code of Administrative Offenses (see comments), the running of the statute of limitations is suspended until the expiration of the deferment or suspension period.

When applying an installment plan for the execution of a decision to impose an administrative penalty, the limitation period is extended by the installment period.

2. According to Article 324 of the APC, if there are circumstances that make it difficult to execute a judicial act, the arbitration court that issued the writ of execution, at the request of the bailiff, has the right to postpone or defer the execution of the judicial act, change the method and procedure for its execution.

An application for a postponement or installment plan for the execution of a judicial act, for a change in the method and procedure for its execution is considered by the arbitration court within a month from the date of receipt of the application by the arbitration court at a court hearing with notification to the bailiff. The failure of the said person to appear, duly notified of the time and place of the court hearing, is not an obstacle to the consideration of the application.

Based on the results of consideration of the application, a ruling is issued, copies of which are sent to the claimant, the debtor and the bailiff.

3. As a general rule, when executing decisions of arbitration courts on the imposition of administrative penalties, the norms of the Code of Administrative Offenses and the norms of the Arbitration Procedure Code of the Russian Federation that do not contradict them must be applied.