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§ 2. Legal regulation and the organisation of activity of police in the course of revealing of the administrative violations provided by a part of 1 article 20.25 KoAP the Russian Federation

The term «revealing of administrative violations» is actively used today in standard legal acts, judiciary practice and scientific use, however neither in the administrative legislation, nor in the scientific researches devoted to questions of application of administrative responsibility, we do not find more or less accurate interpretation of the given legal category.

In this connection for the present research under revealing of the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, will be understood set poiskovoproverochnyh the actions which are carried out by representatives on those by subjects within the limits of realisation of supervising function or at execution by them of administrative punishments for the purpose of an establishment and acknowledgement of the fact of default by the person in which relation the decision about appointment of the administrative penalty is taken out, duties of its payment in time, established ch. 1 items 32.2 KoAP the Russian Federation.

Police activity on revealing of the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, can be presented in the form of set of the interconnected stages which will be used by us as a logic basis of a statement of a material in the given paragraph. So, into structure of revealing of considered administrative violations enters:

Activity on an establishment of the moment of coming into force of the decision about appointment of the administrative penalty, including the actions directed on an establishment, first, of date of reception of a copy of the decision by the person in which relation it is taken out, secondly, fact of the appeal of the corresponding decision;

Activity on an establishment of an expiration date of voluntary payment of the administrative penalty;

Activity on an establishment of presence (absence) in the body which has taken out the decision about appointment of administrative punishment, the document testifying to payment of the administrative penalty;

Activity on an establishment of presence (absence) of data on payment of the administrative penalty in the State information system about the state and municipal payments (GIS GMP).

1. Activity on an establishment of the moment of coming into force of the decision about appointment of the administrative penalty.

The establishment of the moment of coming into force of the decision about appointment of the administrative penalty is the important element of procedure of revealing of the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, however the analysis pravoprimenitelnoj experts [145] testifies that employees of law-enforcement bodies without sufficient degree of attention concern the permission of this question. So, in 80,6 % of the affairs analysed by us about the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, was absent the information on concrete date of becoming res judicata of decisions on appointment of the administrative penalty.

Key value for the correct decision of a question on date of the introduction of the decision on business about administrative violation in validity has an authentic establishment of the moment of reception by interested persons of a copy of this document. According to item 31.1 and ch. 1 item 30.3 KoAP the Russian Federation the decision on business about administrative violation enters validity after the expiration of ten days from the date of delivery or reception of its copy under a condition if the specified decision has not been appealed or protested.

According to ch. 2 items 29.11 KoAP the Russian Federation a decision copy on business about administrative violation are handed over on receipt to the physical person, its legal representative or the legal representative of the legal person in which relation it is taken out, or sent to the specified persons within three days from the date of decision removal by mail by the custom-made item of mail.

On the basis of stated it is possible to assume, that when in business materials there are no data on reception by the person involved in administrative responsibility, a decision copy on appointment of the administrative penalty, this decision, irrespective of time which has passed from the moment of its removal or a direction to the addressee, cannot be considered entered validity. Thus, in the presence of the specified conditions the person who has not paid the administrative penalty, cannot be involved in administrative responsibility on ch. 1 items 20.25 KoAP the Russian Federation.

On this background results of the interrogation of employees of law-enforcement bodies spent by us are of interest. So, 60,8 % of respondents have specified, that they not always manage to establish authentically the moment of reception by interested persons of a copy of the decision about appointment of the administrative penalty sent by mail, and 20 % have noticed, that at all are not engaged in an establishment of this moment. Only 19,1 % interrogated have declared, that the moment of reception of a copy of the decision in all cases is established by them of authentically, 4,5 % interrogated were at a loss to answer the given question.

The Supreme Court of the Russian Federation in those cases if the decision copy on business about the administrative violation, directed on a residence or the location of the person involved in administrative responsibility, has been returned in body, to the official, taken out the decision, with a mark in the post notice on absence of the person to the specified address, recommended to consider as day of the introduction of the decision on business about administrative violation in validity date of receipt of a copy of such decision in body, to the official, its taken out, specified on the returned post notice, on motive of absence of the person involved in administrative responsibility, or evasion of the given person from reception of the decision [146]. We will notice, that a variant of the decision of the problem, offered by the Supreme Court of the Russian Federation, is not indisputable. So, first, the Code of the Russian Federation about administrative violations does not contain the rule defining conditions and an order of a recognition taken place fact of reception of a copy of the decision on business about administrative violation when pravoprimenitelju it was not possible to establish approach of this juridical fact authentically. Differently, KoAP the Russian Federation does not know the formulation: « The decision copy on business about administrative violation is considered received by the person in which relation manufacture on business or its legal representative »is led. Secondly, only acquaintance with the decision on the business, the being unique document establishing the fact of attraction of the concrete person to administrative responsibility, a kind and the size of the punishment appointed to it, and in case of imposing of the administrative penalty the information on its addressee, terms and an order of the appeal of the decision and other data, provides possibility of voluntary execution of administrative punishment. Thirdly, only reception by the person of a copy of the decision provides possibility of realisation of the right to the appeal of the corresponding decision which have been taken out on business.

For overcoming of the specified problem the discrimination can be used. For example, full refusal of a direction of decisions and decisions on affairs about administrative violations by mail, however it will essentially limit possibilities of application provided KoAP the Russian Federation legal toolkit. In particular, use of such approach will make impossible the permission of affairs for lack of the person in which relation manufacture is led, including by the rules regulated ch. 3 items 28.6 KoAP the Russian Federation, that, in our opinion, are counterproductive. It is not capable to solve designated above a problem and the approach used today in criminal, civil and arbitration processes where the stage of the introduction of corresponding decisions in validity is connected not with the moment of reception of their copies, and with the moment of acceptance or declaration of the corresponding decision (ch. 1 items 180 of the Arbitration code of practice of the Russian Federation, the item 321, 338 Civil codes of practice of the Russian Federation, ch. 1 items 356 of the Code of Criminal Procedure of the Russian Federation). In particular, there can be a situation, when the person involved in administrative responsibility in an order, provided ch. 3 items 28.6 KoAP the Russian Federation, will be made by the act covered by the objective party ch. 1 items 20.25 KoAP the Russian Federation, and not having learnt about the come true fact of appointment to it as punishment of the administrative penalty. For the similar reasons the offer stated to N.N.Tsukanov on fastening of a rule cannot be used that in case of a direction of a copy of the remedial document by mail it (the copy of the remedial document) is considered the certified mail of the transfer received after control terms written корреспонденции1, but not earlier than six days from the date of a direction of the certified mail [147 [148].

For today in an arsenal pravoprimenitelja actually there is no the way guaranteeing finishing of the decision about appointment of administrative punishment to data of the person, involved in administrative responsibility, except for cases of direct delivery of its copy personally to the addressee.

The unique variant of decrease in risk of attraction of innocent persons to administrative responsibility for non-payment of the administrative penalty in time, statutory, more active use in administrative-jurisdiktsionnoj is represented to activity of modern technologies of finishing of the information on decisions officially accepted by public authorities. For this purpose, in our opinion, it is necessary to make changes in item 29.11 KoAP the Russian Federation, and to fix procedure of finishing of the decision about appointment of administrative punishment to data of the person involved in administrative responsibility, and other interested persons, and also to establish rules of a recognition of such decision the received. So, it is offered ch. 2 items 29.11 KoAP the Russian Federation after words: «from the date of removal of the specified decision» to add with words: « In cases if the decision copy on business about the administrative violation, directed on a residence or the location of the person, privlekae - mogo to administrative responsibility, is returned in body, to the official, its taken out, with a mark about absence of the person to the specified address, or the given person evades from reception of the item of mail, body or the official who has taken out the decision, not later than two days from the moment of reception of the returned item of mail places on an official site of corresponding body the decision text on business about administrative violation, and also contact data of the official responsible for a direction of the decision. Simultaneously with it to the physical person or the legal representative of the physical person or the legal representative of the legal person in which relation the decision on business is taken out, the information containing the address of a site of placing of the text of the decision on business, the electronic address of placing of the document goes to networks "Internet" and contact data of the official responsible for a direction of the decision.

The decision copy on business is considered received after five days from the date of placing of the corresponding information on a site of body, its taken out ».

Term of the introduction of the decision about appointment of administrative punishment in validity can vary depending on concrete circumstances of manufacture on the business, one of such circumstances is presence (absence) in manufacture on concrete business about administrative violation of a stage of revision of the decision.

As shows the analysis pravoprimenitelnoj to activity of law-enforcement bodies, cases when the named circumstance is not considered by employees of police at definition of the moment of the introduction of the decision about appointment of the administrative penalty in validity or activity on an establishment of presence of such circumstances are frequent has unsystematic incidental character. So, as a result of the spent questioning by us it has been found out, that 72,8 % of the interrogated employees are familiar with a situation when about the complaint to the decision about imposing of the administrative penalty they knew already after commencing a suit about the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation.

It is necessary to notice, that frequently out of sight pravoprimenitelja there is not only the receipt fact to the higher official, in a higher body or court of the complaint to the decision about imposing of the administrative penalty, but also an information on cancellation of such decision at a revision stage. In particular, the analysis of judiciary practice of the Supreme Court of the Russian Federation testifies to existence of such problems [149].

To such position promotes ch. 3 items 30.2 KoAP the Russian Federation according to which the person in which relation the decision is taken out, or its legal representative has the right to make the complaint directly in court, a higher body, to the higher official, authorised to consider it.

At the present stage of development of sense of justice of the Russian society the most preferable the variant of the decision of the given problem by means of acceptance of a complex of the organizational measures including, first, an explanation to each person, involved in administrative responsibility looks, rules of giving of the complaint, the attention to necessity of bringing of the complaint in body or to the official who has taken out the decision about appointment of administrative punishment thus should be paid; secondly, inclusion in the decision on business of a phrase of the following maintenance: « The present decision can be appealed in an order provided by item 30.1 of the Code of the Russian Federation about administrative violations, in ten-day term to the higher official or in regional court through the body which has taken out the decision »; thirdly, the organisation of interaction with judges, vessels and officials, which directly (passing the subject who has taken out the corresponding decision) the complaint can be submitted. Within the limits of such interaction the exchange of data on the arrived complaints can be organised and by that timely informing on it of interested persons is provided. We will notice, that separate from the listed organizational measures already today are actively applied by world judges in the course of disposal of legal proceeding about administrative violations.

2. Activity on an establishment of an expiration date of voluntary payment of the administrative penalty the person involved in administrative responsibility.

The control of timeliness of payment of the penalty it agree ch. 1 item 32.2 KoAP the Russian Federation is realised by police after the expiration of sixty days from the date of the decision introduction about imposing of the administrative penalty in validity or from the date of the expiry of the term of a delay or term of the instalments, provided items 31.5 KoAP the Russian Federation. The order of calculation of term of payment of the administrative penalty was already described in the present work, we will stop only on the features connected with giving time and instalments of execution of administrative punishment.

So, according to item 31.5 KoAP the Russian Federation in the presence of circumstances owing to which decision execution about appointment of the administrative penalty is impossible in target dates, body, the official who has taken out this decision (item 23.3 KoAP the Russian Federations), can delay its execution (for the term up to one month) or, considering financial condition of the person involved in administrative responsibility to present instalments penalty payment (about three months).

To number of circumstances owing to which immediate execution of the decision about appointment of the administrative penalty in the full size is impossible, carry, for example, illness or a long absence for other reason of the person made accountable, presence at it material difficulties, etc. On sense of the law a delay of payment of the penalty can be resolved in the presence of any of specified above circumstances, the payment instalments are given only in the presence of material difficulties. It is necessary to notice, that this reason of non-payment of the administrative penalty has been specified in 34,8 % of the reports analysed by us about administrative violations (appendix A see), however studying pravoprimenitelnoj practice of law-enforcement bodies testifies to single instances of the reference with the petition for giving time or instalments of execution of the administrative penalty.

It is necessary to pay attention that KoAP the Russian Federation does not limit pravoprimenitelja in possibility of numerous granting to one person of a delay of execution of administrative punishment. However, as fairly specifies A.S.Dugenets, «in total delay term should not exceed the aggregate term for decision execution» 1, that is two years from the date of its becoming res judicata.

Here it is necessary to pay attention that, as a rule, a delay or the instalments of payment of the penalty one subject (represents official OVD considering case), and absolutely another carries out activity on an establishment of an expiration date of voluntary payment of the administrative penalty (inspectors of divisions on execution of the administrative legislation [150] [151]). Considering, that in Log-books of affairs about administrative violations record about giving time, instalments, as a rule, does not become, moreover, in the specified magazine there is no corresponding column, preconditions for illegal executing a process-verbal about the administrative violation provided ch are created. 1 items 20.25 KoAP the Russian Federation, and unreasonable application of administrative responsibility to the persons who have in due time paid administrative penalty to what practice of the Supreme Court Russian Федерации1 testifies also.

In our opinion, in the specified conditions activity of employees of the law-enforcement bodies, connected with the account of administrative violations, demands perfection.

3. Activity on an establishment of presence (absence) in the body which has taken out the decision about appointment of administrative punishment, the document testifying to payment of the administrative penalty.

Proceeding from positions ch. 5 items 32.2 KoAP the Russian Federation, the attraction mechanism to administrative responsibility for non-payment of the administrative penalty can be started in time only in case of an authentic establishment of following circumstances: first, absence in the body which has taken out the decision about appointment of administrative punishment, after the expiration of statutory term of the document testifying to payment of the administrative penalty, secondly, absence of the information on payment of the administrative penalty in G osudarstvennoj information system about the state and municipal payments. Studying pravoprimenitelnoj practice of law-enforcement bodies testifies, that today effective technology of an establishment both the first, and the second of the named juridical facts is not present.

So, a principal cause of problems of an establishment of presence (absence) of the document confirming the fact of payment of the administrative penalty, that circumstance is, that from the moment of cancellation of a duty of the person involved in administrative responsibility to give the document testifying to payment of the administrative penalty, to the judge, in body or to the official, its appointed [152 [153], and till today the legislator has not settled questions of the organisation and an order of representation (reception) of such documents. The interrogation spent by us confirms an urgency of the designated problem. Among all offers on change of the legislation of 12,9 % are connected with finding of fact of absence of the specified document.

Confirms necessity of more detailed standard settlement about an order of granting of the document testifying to payment of the administrative penalty, and that overwhelming majority of employees of police - 77,6 % from among interrogated - have specified that face from time to time a situation when the person in which relation there is an occasion to commencing a suit on ch. 1 item 20.25 KoAP the Russian Federation, during the subsequent check shows the receipt on the prompt payment of the administrative penalty.

The problem connected with absence of effective remedies of authentic finding of fact of payment of the administrative penalty, frequently attracts unreasonable restrictions of the rights and freedom of the person. So, considering legality of the decision of the world judge of a judicial site № 56 in municipal union Rudnjansky area of Smolensk area from December, 26th, 2013, the decision of the judge of Rudnjansky regional court of Smolensk area from December, 27th, 2013 and the decision of the vice-president of the Smolensk provincial court from March, 11th, 2014 about application of the administrative responsibility provided ch. 1 items 20.25 KoAP the Russian Federation, concerning citizen R, the Supreme Court of the Russian Federation has established: « On December, 26th, 2013 the inspector of 1st platoon ABOUT traffic police of motor licensing and inspection department concerning R executes process-verbal AA № 302197 about the administrative violation provided by a part of 1 article 20.25 of the Code of the Russian Federation about administrative violations according to which R in statutory term has not paid the administrative penalty at a rate of 500 roubles, imposed on it by the decision 67 AV № 831768 from the September, 29th, 2013, entered validity on October, 9th, 2013 »[154]. For fulfilment of specified administrative violation R has been inflicted to administrative punishment in the form of administrative arrest for a period of 10 days.

The receipt and the payment commission according to which the administrative penalty imposed by the decision 67 AV № 831768 from September, 29th, 2013, has been paid the River on September, 30th, 2013 are attached to the supervising complaint to the judicial certificates which have taken place on business fastened by prints of the seals of credit institution

Thus R in the complaint specifies what to present the documents confirming the fact of payment of the administrative penalty, to the world judge, and also it was not represented to the judge of Rudnjansky regional court of Smolensk area possible as on December, 26th, 2013 concerning it the measure of maintenance of manufacture on business about administrative violation in the form of administrative detention has been applied, the same day business about administrative violation has been considered in essence, the complaint to the decision of the world has been considered next day - on December, 27th, 2013 Thus, pravoprimenitel at least has three times broken the right of the citizen to freedom and inviolability of person, illegally having applied measures of maintenance of manufacture on affairs about administrative violation (dostavlenie and administrative detention) and illegally having appointed administrative punishment (administrative arrest - 10 days).

In an urgency of a considered problem specify also results spent by us of interrogation. So, from 133 offers on modification of the legislation regulating questions of attraction to administrative responsibility for non-payment of the administrative penalty in time, statutory, 49 are connected with an establishment of a duty of persons in which relation the decision about imposing of the given kind of punishment is taken out, to represent a copy of the document testifying to its payment, to body, to the official, its taken out, otherwise, it is offered to return an order which has been provided in ch. 4 items 32.2 KoAP the Russian Federation. We cannot agree with such approach for a number of reasons.

First, in case of acquisition by the citizen or the legal body who has not granted the sum of the administrative penalty when due hereunder, the status of the person in which relation manufacture on business about administrative violation is led, it agrees ch. 3. Item 1.5 KoAP the Russian Federation is not obliged to prove the innocence, including by granting of the document testifying to payment of the administrative penalty. The duty of acknowledgement of the fact of non-payment of the administrative penalty in time, statutory, is assigned to the body which has taken out the decision about its imposing.

Secondly, a document copy about which there was a speech in ch. 4 items 32.2 KoAP the Russian Federation, in law-enforcement body can not arrive or arrive after sixty days from coming into force of the decision about appointment of administrative punishment though the sum of the administrative penalty has been brought in due time. Thus pravoprimenitel, being guided ch. 5 items 32.2 KoAP the Russian Federation, it will be forced to direct all necessary materials to the judicial police officer-executor for compulsory exaction of a penalty. Besides, in this situation concerning the person who ostensibly have not paid the administrative penalty, suit about the administrative violation provided ch will be commenced. 1 items 20.25 KoAP the Russian Federation. It is obvious, that such actions of law-enforcement bodies will entail weight of negative consequences for legislative citizens.

Thirdly, practice of expectation of "report" did not stimulate increase of efficiency of execution by divisions of the law-enforcement bodies responsible for the account of administrative violations, the duties.

Fourthly, responsibility for non-presentation of such document KoAP the Russian Federation is not provided. The person in which relation the decision about awarding punishment was taken out, had a real possibility to evade from penalty payment. Was to inform in body or to the official who has taken out the decision enough, that the sum of the penalty is brought by it, and the document confirming it, is lost.

Today police activity under the control over payment of administrative penalties will be organised in many law-enforcement bodies taking into account unique, organizational conditions peculiar only to these bodies. For example, in GU the Ministries of Internal Affairs of Russia across Krasnoyarsk region are concluded bilateral contracts with the credit organisations about granting of data on the brought sums of administrative penalties (for today - 9 contracts with the various credit organisations including FGUP «Mail of Russia»), with 4 commercial banks is planned to enter into such agreements. On the basis of the specified contracts banks and other credit organisations form and give in the Center of financial maintenance (further - TSFO) GU the Ministry of Internal Affairs of Russia across Krasnoyarsk region in electronic form registers of the persons who have paid the administrative penalty, signed by the electronic digital signature, daily on the working days till 15:00 local time with the information for the last working day, about execution by branches of Bank of payments, including on self-service devices. In registers the data, called to provide payment identification are specified: a series and number of the decision (report), date of removal of the decision (report), the name of the legal person - the payer or a surname a name of a patronymic of the payer, the address, the payment sum, OKATO.

It is important to notice, that inclusion in the register of the specified data becomes possible only under condition of inclusion of corresponding obligatory requisites for filling in payment documents. Today such requisites are included as the appendix to the agreements named above. Thus looks obvious, that the establishment of the list of such requisites does not concern the competence of the credit organisations especially to the competence of bodies of an administrative jurisdiction.

It is necessary to notice, that the analysis of the publications connected with the designated problem, testifies that pravoprimenitelnaja practice of some law-enforcement bodies is far from an ideal. So, the conclusions made S.J.Koshelkinym which specifies testify to uncertainty existence in a question of identification of the paid administrative penalty: «...koreshki receipts on payment of the penalty, the Departments of Internal Affairs arriving in accounts department, it is practically impossible to identify because of an illegible handwriting, absence of full data about the person, and also data, for which offence the penalty» 1 is paid.

Existence of questions of identification of the paid administrative penalties indirectly proves to be true the maintenance of decisions about appointment of the administrative penalty, taken out by some jurisdiktsionnymi bodies. So, in forms of the decisions which are taken out FAS of Russia, except the other explanations about a body notification procedure about the fact of payment of the administrative penalty are made. In particular, to the person involved in administrative responsibility, it is offered: «the Copy of the receipt on penalty payment to direct by e-mail, in a payment function it is necessary to specify number of the present decision. In case of impossibility to identify payment. The decision comes under to transfer in FSSP to Russia for compulsory payment of the penalty».

In our opinion, for the decision of the designated problem expediently as an obligatory requisite of the settlement document filled at transfer of administrative penalties to provide decision number, and to make corresponding additions to Rules of instructions of the information identifying the payer and the addressee of means, in races - [155 [156] even documents on transfer of taxes, gathering and other payments in budgetary system of the Russian Federation, approved by the order of the Ministry of Finance of the Russian Federation from November, 24th, 2004 № 106н «About the statement of rules of instructions of the information in fields of settlement documents on transfer of taxes, gathering and other payments in budgetary system of the Russian Federation» [157].

Frequently there are the problems connected with errors of filling of payment documents; in particular, the incorrect instructions of number of the decision (report) do not allow to identify payment and, as consequence, do possible unreasonable commencing a suit about the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation. At incorrect instructions in the payment document of a code of budgetary classification (KBK) or the all-Russian qualifier of objects of administrative territorial division (OKATO) penalties often arrive into accounts of other enforcement authorities or divisions of territorial law-enforcement body. In case of revealing of such facts the citizen is forced to write the statement for return of wrongly paid (collected) payment as payment of the administrative penalty.

On the basis of the data containing in registers of persons, paid the administrative penalty, TSFO GU the Ministry of Internal Affairs of Russia across Krasnoyarsk region daily does sample of the persons involved in administrative responsibility with law-enforcement bodies, serving concrete territory, and directs the specified registers to accounts departments corresponding MOVD. According to positions of item 8 of order GU the Ministry of Internal Affairs of Russia across Krasnoyarsk region from March, 5th, 2012 № 87 «About realisation of budgetary powers of chief managers (managers) of incomes of budgets of budgetary system of the Russian Federation» TSFO GU the Ministry of Internal Affairs of Russia across Krasnoyarsk region co-operates with structural divisions GU of the Ministry of Internal Affairs of Russia across Krasnoyarsk region and territorial bodies of the Ministry of Internal Affairs of Russia at regional level through a program complex "Manager-d" and modules "SMARTS-MANAGERS-D".

GU the Ministry of Internal Affairs of Russia across Krasnoyarsk region attempt to adapt a program complex "Manager-d" to the control of completeness and timeliness of payment of the administrative penalty has been undertaken, however it is not has gone right in connection with technical problems.

3 employees TSFO GU are involved in activity on reception, sample and transfer of the specified information the Ministry of Internal Affairs of Russia across Krasnoyarsk region, on one employee of accounts department of everyone MOVD - 33 workers. Further it is supposed to make a duty on dispatch to information centre (further - ITS) GU the Ministry of Internal Affairs of Russia across Krasnoyarsk region, passing TSFO.

Accounts department MOVD transfers registers of persons to employees IAZ territorial OVD which bring data on the paid administrative penalties from the register in IBD "Region" and ZHUAP. Thus entering of data in IBD allows ITS to establish "Region" of the persons who have not paid the administrative penalty in time sixty days from the moment of delivery of a copy of the decision. Now IBD "Region" others (except GU the Ministry of Internal Affairs of Russia across Krasnoyarsk region) the public authorities, authorised to take out the decision about appointment of the administrative penalty, does not replenish.

4. Activity on an establishment of presence (absence) of data on payment of the administrative penalty in the State information system about the state and municipal payments (GIS GMP).

Attempt of introduction of the new approach to information interchange maintenance about the paid penal sums has been undertaken by the legislator in 2011, when in the text ch. 5 items 32.2 KoAP the Russian Federation have been included the standard instruction about creation G osudarstvennoj information system about the state and municipal payments. Undoubtedly, presence in an arsenal of the bodies, authorised to initiate affairs about the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, such tool should serve as the beginning of a new stage in development of the mechanism of revealing of the facts of non-payment of the administrative penalty.

Unfortunately, the Federal act from June, 27th, 2011 № 162-FZ «About modification of separate acts of the Russian Federation in connection with Federal act acceptance" About national payment system "» [158], become effective on January, 1st, 2013, only complicates and without that a problem scope of administrative responsibility. So, ch. 5 items 32.2 KoAP the Russian Federation stated in a new wording, contains the norm ordering pravoprimenitelju at commencing a suit about administrative violation, provided ch. 1 item 20.25 KoAP the Russian Federation to be guided: first, presence (absence) of the document testifying to payment of the administrative penalty, secondly, by data, containing in G osudarstvennoj to information system about the state and municipal payments. Thereby modern edition ch. 5 items 32.2 KoaP the Russian Federation puts the person, authorised to initiate affairs about non-payment of the administrative penalty, in dependence not only on standard not settled and inefficient mechanism of reception of the document testifying to payment of the administrative penalty, but also on completeness and timeliness of entering of data in the State information system about the state and municipal payments. Commencing a suit possibility about the administrative violation provided ch is thus excluded. 1 items 20.25 KoAP the Russian Federation, in case of a divergence of the given information accounts formed by bodies of an administrative jurisdiction on the basis of documents, testifying to payment of the administrative penalty, with the data containing in the State information system about the state and municipal payments.

In our opinion, for the decision of the designated problems it is expedient to define as the sufficient data specifying in presence of event of administrative violation, provided ch. 1 items 20.25

KoAP the Russian Federation, and allowing to make the decision on commencing a suit, absence of the information on payment of the administrative penalty in the State information system on the state and municipal payments. In this connection from ch. 5 items 32.2 KoAP the Russian Federation are necessary to exclude words: «the document testifying to payment of the administrative penalty».

However realisation of this legislative short story is possible under condition of timely replenishment and appropriate functioning of the named information system in all territory of the Russian Federation.

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A source: Zhiltsov Andrey Vladimirovich. ADMINISTRATIVE RESPONSIBILITY FOR NON-PAYMENT of the ADMINISTRATIVE PENALTY In time, STATUTORY, And the POLICE ROLE In the MECHANISM of ITS APPLICATION. The dissertation on competition of a scientific degree of the master of laws. Omsk 2014. 2014

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