Recall that on June 24 ends with a public discussion of the draft of the new Code of administrative offences. On 23 June, the working group sent its proposals in this document. And one of them is to Supplement the draft of the new administrative code article 34.44, which provides for the possibility of prosecuting officials who illegally anyone fined or deprived of rights.
the fact that the officer or inspector with one stroke of the pen can make the bankruptcy of a carrier, for example, detaining his car to clarify something. And then sending to the impound lot. Not in the best position now and private car owners. The penalty may come in the mail for anything. For example, the car is in traffic, and the owner gets a fine for supposedly parked in the wrong place. The driver tries to enter the courtyard, but the entrance is partitioned off by another car. Who gets the fine? Right, the one who is waiting for him to free travel. And how many cases were when the fine render to the owner of the vehicle at the time of the alleged speeding is being transported by a tow truck? And to restore justice, the car owner has to go through the courts, to attract lawyers and attorneys. To spend the time and nerves. But in the end – the abolition of the fine and all. Even the reimbursement of expenses under a big question. Recently the Moscow city court decided to recover these costs in the amount of 2 thousand rubles, despite the fact that the case lasted almost a year. And money was spent much more.
And a large number of fines imposed by mistake. The program fotovideofiksatsii poorly recognized car number, and the inspector, it is not rechecked. In the end, the penalty for violation of Krasnodar gets the owner of the car in Moscow, although he is in a southern city, even the nose is not popped.
In General, as considered by the experts group, the official, inspector, any officer should be responsible for what, not understanding, makes a decision or launches administrative matter, not having virtually no evidence of wrongdoing.
Recall that the new procedure of the administrative code provides for punishment with the officer in this case moral damages. This document lists all participants in the proceedings in the administrative case. Among them, apart from the victim, witness, expert, specialist, person, brought to administrative responsibility, stated the official, instituted the administrative proceedings and issued the ruling in the case. The draft administrative code provides for all parties to the proceedings, in addition to officials, initiated proceedings or made the decision for him, if his actions in bringing the responsibleawareness and application of the measures were declared illegal.
it Turns out that the inspector can fine the owner, to send his car to the impound lot, to withdraw the rights or to send under arrest almost with impunity. And when he will prove his innocence in court, inspector nothing to fear, except possible disapproval from the leadership.
to restore justice and proposed to introduce a new article in the administrative code. It provides for wrongful initiation of administrative proceedings or the imposition of administrative sanctions a fine of 20 thousand rubles, which officer shall pay into the Treasury of the region. However, the same article requires the payment to the victim in the same amount of 20 thousand rubles from the same budget. Such compensation is consistent with the average price tag for legal services. But compensation does not change the compensation of court expenses, which includes attorneys and lawyers.
I Must say that the penal code provides for criminal liability for subjecting an obviously innocent person to criminal liability or unlawful institution of criminal proceedings. So why the Administrative code does not provide for these measures?
the Inclusion of this responsibility in the code will force the inspectors to be more attentive to evidence of infringement, and will save motorists from fines, which is stamped without studying the circumstances. But it is worth mentioning that the introduction of such proposals in the current Code has received a negative opinion from all concerned agencies. No one wants to take responsibility for their mistakes.