In accordance with Article 3.2 of the Code of Administrative Offenses, an administrative fine is a punishment for actions committed. It is possible to avoid paying it in many cases, but at the same time it must always be proved and documented that there was no administrative offense or it was of a forced nature.
It is necessary
- - application;
- - protocol;
- - passport;
- - receipt;
- - an earlier decision of a court or an administrative commission;
- - a package of documents confirming the absence of your fault or forced circumstances.
Instructions
Step 1
If the decision of the court or the administrative commission on the payment of the administrative fine has already been made, but you do not consider yourself guilty, appeal the decision within 10 calendar days.
Step 2
Collect all the data, attach witnesses and documentary materials on the case. You will need to file a statement of claim for a reconsideration of the case, present your passport and a photocopy, attach a protocol, a receipt for the issued fine.
Step 3
Seek help from a law firm or a lawyer so that you can draw up a petition with all references to legislative acts confirming the absence of your fault or indicating the legality of actions, the circumstances of which forced you to violate the administrative order forcibly.
Step 4
Not being able to pay for the services of a lawyer or attorney, you are obliged to provide assistance free of charge when you go to court with a claim to reconsider the case (Article No. 46, No. 48 of the Constitution of the Russian Federation). However, only individuals can count on such a right. Legal are obliged to pay for the services of a lawyer or lawyer who will defend their interests in court.
Step 5
During the investigation and review of an administrative offense case, you have the right not to pay a fine issued by an administrative commission, a court or other authorities that have the authority to draw up a protocol and issue a fine without considering the case, for example, by the state traffic safety inspection authorities.
Step 6
On the basis of a court order, after considering all the newly discovered circumstances in an administrative offense case, you may be exempted from paying an administrative fine imposed on you earlier. If you were found not guilty of committing an administrative offense or it was committed due to forced circumstances that could not be avoided, the state fee paid upon filing the appeal will be returned to you.
