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- Together with the traffic police: regions can get the right to fine for traffic violations
Together with the traffic police: regions can get the right to fine for traffic violations
Amendments to the Administrative Code have been submitted to the State Duma for consideration, providing for the right of regional authorities to issue parking fines along with employees of the State Traffic Inspectorate. Currently, according to the law, only the authorities of federal cities can be fined for this: Moscow, St. Petersburg, Sevastopol, as well as the authorities of the Moscow region. Lawyers and experts are ambivalent about this prospect. Details can be found in the Izvestia article.
Correct the Administrative Code
Amendments to the Administrative Code have been submitted to the State Duma, according to which regional authorities will have the right, along with employees of the State Traffic Inspectorate, to draw up protocols and issue fines to drivers who violate parking rules. The document, developed by deputies of the Legislative Assembly of the Perm Territory, is posted in the legislative support system of the parliament.
According to the draft law, it is assumed that regional executive authorities will have the right "to consider cases of administrative offenses provided for in Part 4 of Article 12.16 of this Code ("Non-compliance with the requirements prescribed by road signs or markings of the carriageway prohibiting the stopping or parking of vehicles." — Izvestia), if the transfer of these powers is provided for by agreements between the federal executive authorities and the executive authorities of the subjects of the Russian Federation <...> when officials of the executive authorities of the subjects of the Russian Federation or their subordinate state institutions detect signs of administrative offenses."
According to current legislation, the authorities of Moscow, St. Petersburg, Sevastopol, and the Moscow region have the right to issue a parking fine. In December 2023, amendments to the Administrative Code providing for the transfer of powers to monitor parking regulations in the Krasnodar Territory from the State Traffic Inspectorate to local authorities were submitted to the State Duma by Kuban parliamentarians. However, this bill was returned for revision.
The amendments proposed by the Perm deputies do not imply that the State Traffic Inspectorate will completely lose its authority to monitor drivers' compliance with parking and stopping rules: local authorities will only be able to fine for this violation on a par with the police.
"The draft federal law provides for the possibility of transferring part of the powers to the executive authorities of the constituent entities of the Russian Federation, namely, their consideration of cases of administrative offenses of this category, only if signs of violations are detected... This approach allows us to preserve the powers of employees of the internal affairs bodies (police) to conduct proceedings on cases of administrative offenses if they discover administrative offenses provided for in Part 4 of Article 12.16 of the Administrative Code of the Russian Federation," the explanatory note to the document says.
There aren't enough supervisors for everyone
Perm deputies explain the need for joint monitoring of parking regulations by the heavy workload of traffic inspectors, who do not have time to issue protocols to drivers for these violations. As follows from the accompanying documents to the draft law, according to the Ministry of Internal Affairs of the Russian Federation for the Perm Region, last year the police in the region introduced 17,755 resolutions for these offenses, which is equal to about 50 administrative materials per day. At the same time, an analysis of the situation with the amendments showed that only in the central part of Perm about 1 thousand vehicles are parked with violations every day, the authors of the amendments note.
"Since the main part of the police forces and means is aimed at solving tasks related to ensuring road safety, police resources are often allocated insufficiently to identify and prevent violations of the rules of stopping and parking. The state authorities of the constituent entity of the Russian Federation and local governments are most interested in reducing the number of violations of the rules of stopping and parking, but do not have the necessary powers to solve this problem," the explanatory note to the draft law emphasizes.
The authors of the amendments point out that at a meeting of the Government Commission on Road Safety at the end of last year, regional authorities were advised to take into account the experience of the Moscow region and Sevastopol in the administration of relevant offenses, and "the positive experience of law enforcement of this norm in Moscow makes it possible to extend it to all subjects of the Russian Federation."
The initiative of the Perm parliamentarians is supported by the authorities of the Tula, Ryazan, Nizhny Novgorod regions and Krasnodar Territory (copies of letters confirming this are available to Izvestia). At the same time, the authors of the amendments emphasize that changes in legislation imply "the right, not the duty, of the executive authorities of the constituent entities of the Russian Federation." Other regions that currently do not need to conclude such agreements with the federal authorities will be able to exercise this right in the future, deputies of the Perm legislative assembly indicate.
Learn from the experience
Valery Soldunov, a member of the Civic Chamber of the Russian Federation and chairman of the All-Russian Society of Motorists (SAI), considers the empowerment of regional authorities to monitor parking regulations together with employees of the State Traffic Inspectorate to be a "work scheme." In his opinion, the joint work of the police and local authorities in this direction will make it possible to more quickly identify drivers who abandon cars under forbidding signs.
— This scheme has been working for a long time in Moscow, St. Petersburg, and some other cities. This is a good experience, especially since we are not talking about the fact that tomorrow all violators in all regions will be fined not by traffic police, but by regional authorities. The most important thing is that there should be no "local distortions" during the transfer and division of these powers, Valery Soldunov told Izvestia.
These amendments will allow the regional authorities, if necessary, to conclude the necessary agreement with the federal authorities, while not having to adopt new amendments to the Administrative Code each time, supplementing it with one region or another, the chairman of the SAI notes.
The problem of improper parking is quite serious, especially in large cities, says Igor Morzharetto, a member of the Presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation. However, police officers often do not have enough resources to identify such violations, he admits.
— I don't see any problems with local authorities being involved in the administration of parking and stop violations along with traffic inspectors. Moscow's experience shows that such a scheme works and it is quite possible to extend it to other regions," said Igor Morzharetto.
Fines in one hand
Sergey Radko, a lawyer for the Freedom of Choice movement, holds a different point of view. In his opinion, a situation where both traffic police and regional authorities, represented by employees of municipal services and departments specially created for this purpose, can lead to confusion and confusion for the same violation.
— Let's imagine a situation where an employee of a regional authority who has received such authority finds an improperly parked car and issues a fine. A couple of minutes later, the same car caught the eye of the traffic inspector, who also wrote down a fine. What should I do in this case, what kind of fine should I cancel? Due to regular database failures, the possibility of such a development cannot be completely excluded. In addition, there is a risk that some kind of "competition" will begin: who will draw up the protocols more, — the lawyer believes.
In addition, if the amendments are adopted, motorists may have difficulty appealing such fines, Sergei Radko believes. In this case, before filing a complaint, they will first have to find out who exactly designed the material and where to apply with this petition, he notes. Therefore, the authority to monitor a particular violation should be in the same hands, the lawyer is sure.
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