How to return state duty from the traffic police to an individual

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In practice, monetary penalties may be issued erroneously, or a citizen will pay an excessive amount when paying a traffic police fine. Often, inaccuracies are discovered only after the funds have been transferred. Finding themselves in such a situation, most citizens are confident that they have irretrievably lost the overpaid amount. However, the law allows you to return money for paying a traffic police fine. To do this, you must act in accordance with the established scheme. The procedure for returning money for a traffic police fine does not always end in success. Therefore, it is important to comply with established standards.

When can I get my money back for a traffic fine?

Most citizens of the Russian Federation fall into the category of careful payers. They strive to close the outstanding monetary penalty as quickly as possible. Haste increases the risk of errors. The law allows car owners to return excess deposited funds when paying a traffic fine. The right to do so is present in the following situations:

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1. Cash provided in excess. If a citizen makes a payment within 20 days after receiving the fine, he is entitled to a 50% discount. If the full amount has been paid, you will be able to receive a refund.
2. The decision in accordance with which the monetary penalty was imposed was canceled. The situation arises if a traffic police fine is deliberately paid, and subsequently the citizen goes to court and manages to prove the unlawfulness of the collection.
3. The citizen paid the fine twice. Usually the driver's carelessness is to blame for the situation. Another reason is also possible. The car owner voluntarily deposits funds, and after a few months the bailiffs forcibly write off the amount. This is usually caused by an error in the database.
4. Incorrect details were entered when paying the fine. A mistake can be made by the car owner himself or the bank employee who accepted the payment.
5. A monetary penalty was paid for another person. The law obliges the person to pay independently. Otherwise, repayment of the foreclosure will not occur.

Please note:
The last two situations deserve special attention. If a fine was entered incorrectly, you must pay it again. Recovery of overpaid funds will occur after the procedure is completed.

In what cases can money be returned for a fine?

Let's consider several typical situations in which the driver has the right to return money for a fine:

• Overpaid money. For example, the driver forgot about the opportunity to pay the fine with a 50 percent discount and paid the full amount.
• Payment of one fine twice. A similar situation may arise due to the inattention of a driver who repeatedly pays for the same fine. However, in practice a different situation is common. The driver knowingly pays the fine, but after a few months the bailiffs forcibly withdraw money for the same fine from one of the driver’s accounts. This usually happens due to errors made in the databases.
• Paid fine under the canceled decision. For example, a driver first knowingly paid a fine, and then went to court and was able to get the order to impose a fine overturned.
• An error was made in the payment details. An error can be made either by the driver himself or by the bank employee preparing the payment document.
• Paying a fine for another driver. The driver must pay the fines himself, otherwise they will not be counted towards the traffic police.

Pay attention to the last 2 points. If the fine is paid incorrectly, it must be paid again (using the correct details), and only then the overpaid money must be returned.

What does the law say?

The return of an administrative fine from the treasury is not regulated by law. The only thing we can rely on in this case is part 2 of article 160.1 of the Budget Code of the Russian Federation. It states that the decision to return overpaid (collected) payments to the budget (penalties, fines, interest, etc.) and submit an order to the Treasury for the return of funds is made by the budget revenue administrator in the manner established by the Ministry of Finance of the Russian Federation.

But the law does not establish a procedure for the return of administrative fines from the budget. Neither the Budget Code nor the Code of Administrative Offenses regulates this. This means there is no official procedure for submitting an application, deadlines and procedure for payment from the budget of an overpaid fine.

There is only a letter from the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-07/1/5873 dated February 28, 2013 “On the return of overpaid administrative fines.” And the letter is just a response to the request of the magistrate, and not a legislative act.

There is no order, but no one has canceled the right to restore justice in court. It turns out that pre-trial appeal to the revenue administrator is not necessary. You can go straight to court, but this is an extra expense.

Today we will use the department's letter. It states that regarding the return of paid administrative fines, you should contact the relevant budget revenue administrator.

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The Budget Code (Article 6) recognizes as revenue administrators government bodies (state agencies and municipal bodies), the Central Bank of the Russian Federation, management bodies of state extra-budgetary funds, government institutions that monitor the correctness of calculation, completeness and timeliness of payment, accrual, accounting, collection and decision-making on return (offset) of overpaid (collected) payments, penalties and fines on them, which are revenues of the budgets of the budgetary system of the Russian Federation.

Options for returning money for a paid traffic fine

Initially, you need to decide on the authority to which you will need to contact. The Ministry of Internal Affairs is responsible for the return of fines. You just need to find out which department you need to contact. It is important to pay attention to the institution that issued the monetary penalty. It will handle the return. A citizen may be faced with the need to interact with:

• Madi or AMPP – are engaged in changing parking fines;
• other city institutions that have the right to issue fines to car owners;
• The State Traffic Safety Inspectorate is responsible for imposing penalties for almost all violations committed by the car owner.

It is recommended that you first contact the employees of the organization that imposed the administrative fine. The telephone number is usually indicated on the decree form. When you manage to get through by phone, you can ask which institution you need to contact to get your money back. During a telephone consultation, it is recommended to find out the position of the head of the organization in whose name it is necessary to submit an application for the return of the overpaid amount.

What documents are needed?

Attention
Refunds of funds contributed to the state treasury in excess can be carried out if the person provides the necessary documents.

The list includes:

• civil passport (a copy will be required);
• documentation confirming that an error occurred;
• receipt of funds deposited into the budget;
• an application for the return of an overpaid amount (must be strictly in writing);
• details of the bank account to which the transfers were received.

What reason should I give?

When filling out an application for a refund, a citizen must indicate the reason for applying for capital. The law does not establish mandatory requirements for the information that must be contained in this paragraph. As a reason, a person can record the following data:

• the amount was overpaid;
• the funds were collected incorrectly;
• capital was re-introduced.

If a ready-made application is used, the list of reasons for applying for funds can be indicated in advance in it. The person will only have to emphasize what is needed.

Registration of return

If a citizen plans to return money for a paid traffic fine, he will have to follow a certain procedure. The step-by-step diagram looks like this:

1. Find out which agency you will need to contact. The procedure is initiated by submitting an application. It is recommended that you first call the authorized body and ask questions. During the conversation, you will be able to find out the information that will be required to fill out the application.
2. Prepare a package of documentation. The list must include payment papers confirming the fact of depositing funds. Additionally, documents are required demonstrating the transfer to the details or payment of the excess amount.
3. A statement is drawn up. It must be in writing. Then the documents are included in the list of papers and sent to the appropriate government agency. You must contact the organization that issued the fine.
4. Wait for a decision to be made. It will take one month for the traffic police to make a verdict on the return of the fine. The citizen will then be informed of the decision. If it is positive, the money is returned. The transfer is made to the details specified in the application.

Step-by-step instructions for returning a traffic fine

If a citizen wants to return a traffic fine, he will have to perform the following steps:

1. Contact an authorized organization. You need to submit an application to the Ministry of Internal Affairs. Experts advise you to first call the department that assessed the monetary penalty and clarify your questions. Additionally, you need to find out the name of the head of the department. You will need to write an application in his name.
2. Prepare a list of required documents. It is imperative to include in it payment documents confirming that the funds were deposited, as well as supplement the list with papers that make it clear that the amount was overpaid or transferred to the wrong details.
3. Fill out an application and contact the appropriate branch of the authorized body. Typically, the application must be submitted to the territorial unit of the Ministry of Internal Affairs that issued the fine.
4. Wait for a decision. Analysis of the application takes about a month. Then a decision is made. If the verdict is positive, a refund will be issued. Funds will be credited to the details specified in the application.

The video describes one of the options for returning a traffic police fine.

What reason should I indicate in the application for refund of the traffic police fine?

When drawing up an application, the citizen must indicate the reason on the basis of which the refund is made. The requirement for information that must be presented in this paragraph is not specified in the law. A person has the right to indicate the following reasons for returning money for a fine:

• the traffic police fine was paid twice;
• Too much money has been deposited;
• the collection was carried out unlawfully.

You can use a ready-made form to fill out. The reasons are usually immediately recorded in it. The applicant can only highlight what is needed.

Application for refund of fine

An application for refund of an overpaid fine must be made in simple written form. However, this document must include the following information :

• The official to whom the application is sent, as well as your full name and address.
• The essence of the application is the return of an overpaid fine.
• Data from the resolution on the basis of which the fine was imposed.
• Details of the document confirming payment of the fine.
• The reason why the money should be returned.
• Details of the bank account to which the money will be returned.
• Date and signature.

If you wish, you can use the form and example of filling out the application below:

Application form for refund of fine

Sample application for refund of fine

After filling out the application, all that remains is to take the documents to the appropriate traffic police department. The application will be reviewed within 30 days, after which the fine will be transferred to the details specified in the application.

Sample application

Particular attention should be paid to filling out the application. The final decision largely depends on it. The format of the document is not legally fixed. Therefore, you can compose it yourself. The form must be submitted in writing. It must contain a list of required information. In order for the authorized body to agree to consider the application, the following data will be required:

• information about the person who will consider the application;
• personal data of the author of the application;
• the reasons that prompted the citizen to contact the authorized body;
• information about the decision in accordance with which the punishment was applied;
• information about the document confirming the fact of depositing funds;
• the grounds on which the person expects to receive the amount back;
• bank account details for refund;
• date of application and signature of the applicant.

The document is drawn up in accordance with generally accepted standards of office work. If a person is faced with the need to fill out an application for a refund of a traffic police fine for the first time, he may experience a number of difficulties. To reduce the risk of errors, it is recommended to use a ready-made sample.

to return a traffic police fine in WORD format.

Application form for refund of traffic fine

There is no legally prescribed form of the document. The paper is drawn up in simple written form. However, there is a number of information that must be recorded in the application. In order for the authorized body to agree to consider the application, the following information should be provided:

• information about the official to whom the application is sent;
• Full name of the person submitting the application;
• reasons for contacting the authorized body;
• information about the decision on the basis of which the fine was imposed;
• information about the document confirming the deposit of funds to pay off obligations;
• the reason on which the applicant demands the return of funds;
• bank account details for capital return;
• date of application;
• signature of the person submitting the application.

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If a citizen is faced with the need to fill out an application for the first time, he may experience difficulty in the process of completing it. To simplify the procedure, experts advise using a sample.

Where should the documents be submitted?

The application for a refund is written to the head of the institution who drew up the resolution on the application of a monetary penalty. A citizen may be faced with the need to contact:

• traffic police;
• MADI;
• AMPP.

Documents must be submitted in writing. Submitting an application for a refund of a traffic police fine is carried out during a personal visit. An alternative is to send documents by registered mail. The presence of a delivery notification is important. You will receive a response within 10 days. The period begins to count from the moment of registration of the fact of the appeal (Article 30.5 of the Code of Administrative Offenses of the Russian Federation).

Refund of money for a fine after the decision is canceled

There are no provisions in the current legislation that allow the return of fines paid in connection with the cancellation of a decision. However, in Art. 160.1 of the Budget Code of the Russian Federation states that the list of powers of the revenue administrator includes the right to carry out the procedure.

To return money for a traffic fine, you will need to write a statement. It is sent to the authority that issued the resolution. The document should display the following information:

• information about the person to whose address the document is sent;
• information about the applicant;
• document's name;
• information about the fine;
• details of the document confirming payment of the monetary penalty;
• request for a refund;
• information about the bank account to which the refund will be made;
• the applicant's signature and date of filing the application.

If the authorized body refuses to make a return, it is permissible to go to court.

Refund of the traffic police fine due to the cancellation of the decision

Current legislation allows the driver to appeal the adopted decisions. The action can be performed within 10 days from the date of delivery of a copy of the resolution. This rule is enshrined in Article 30.3 of the Code of Administrative Offenses of the Russian Federation. The missed period can be restored. To do this, you will need to prove that the request was not completed in a timely manner due to compelling reasons. The list of such situations includes:

• disease;
• the presence of force majeure circumstances;
• caring for a seriously ill loved one.

You can file a complaint against the decision directly with the person who issued it, or file an application with the court.

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If a citizen first paid a fine to the traffic police and then appealed the decision, he can return the money. To do this, you need to prepare an application and complete a list of standard actions. The decision on the return of capital will be made depending on individual characteristics and the current situation.

Refund of fine via autocode

If a person lives in Moscow, he can use the Autocode portal to return the traffic police fine. It allows you to return overpaid funds. To do this you will need:

1. Go to the official page of the Autocode organization on the Internet.

   

2. Hover your mouse over the Appeals section and select the required authority.

   

3. In the list that appears, click on the item Refund for a paid fine.

   

4. Go through the authorization procedure on the portal. The action will be carried out through government services.
5. Provide the required information by filling out the online form.
6. Send a request. The review procedure takes 30 days. If the citizen has the right to a refund, the application will be approved.

The service is operating in test mode. Therefore, malfunctions in its functioning are possible.

Refund procedure

The statute of limitations for the return of state duty is three years from the date of payment. The authority has thirty working days from the date of filing the application to refund the fee. The application must be submitted to an official who is authorized to exercise official powers in a government body. If the return is planned through the courts, the application is accepted by the tax authorities. All payment documents are attached to the submitted application. If there is already a court decision that has entered into legal force for the return of funds, then a copy of the decision should be included in the appendices.

The current legislation does not stipulate in any way a mandatory application form, however, each entity can introduce additional requirements.

The recommended form looks like this:

• indication of the department to which the application is being submitted;
• the applicant’s passport details, including personal data and information about the place of registration;
• all contact information.

Nuances

If a citizen is issued a monetary penalty for violating traffic rules, it is better to use the capabilities of Sberbank Online. Classic checks confirming the fact of payment quickly fade. If the receipt is damaged, the refund will not be possible. If the payment is made online through Sberbank, you will be able to print the payment document an unlimited number of times.

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