The first month of the system of auto-fixation operation of traffic violations is characterized by the following figures: 697,397 violations were recorded, 398,410 speeding orders were issued, 219,040 fines were paid. The first positive effect – the number of violations decreased by 4.5 times and more than 31,908,474 UAH of budget revenues from paid fines.
The number of paid fines on time does not exceed 54.9%, which means that more than 45% of fines are transferred to the category of potentially open enforcement proceedings in order to enforce the amount of fines.
We analyze the situation when a decision was made against a person in a case of an administrative offense, including for violation of traffic regulations, but the person was not informed about such an event.
First, this situation is quite common and brings many problems to the person in the form of additional financial losses and deprivation of personal or working time.
Secondly, the resolution takes legal effect both from the moment of actual delivery to the person brought to administrative responsibility, and “conditional delivery”, which is the return of the resolution by the institution providing postal services on the grounds of non-delivery to its addressee.
The decision in the case of an administrative offense enters into force with the coincidence of 10 days for the procedure of administrative appeal.
The resolution that has entered into force receives the status of an executive document.
Immediately after receiving the status of an executive document, the decision is sent by mail to the bodies of the State Executive Service.
The State Enforcement Service shall, within 3 days from the receipt date of enforcement document, initiate enforcement proceedings against the enforcement of the amount of the fine.
How does the financial component change from the basic fine amount in decision on bringing to administrative responsibility? How does the amount to be recovered change (the criterion of person’s financial losses)?:
As it was mentioned, if you are aware of decision and pay the amount of the fine within 10 calendar days, there is a guaranteed discount of 50%. That is, the costs of the person will be half the amount of the fine and bank charges.
The person has the right to pay the fine amount within 15 calendar days without additional sanctions. That is, the actual costs will be the full amount of the fine and the bank fee.
If from the moment the resolution enters into force, so conditional or actual resolution, the person does not pay the full amount within 15 calendar days – the amount of the fine doubles. That is, the actual costs will be double the amount of the fine and probably a larger bank fee that can be determined as a percentage of the payment amount.
If the resolution was received the State Executive Service institutions for the purpose of enforcement, the penalty shall be subjected to recovery
As already mentioned, such information can be obtained independently by checking your identification data in the Unified Register of Debtors or in the register of the Automated System of Enforcement Proceedings.
From such sources a person receives information about:
BUT realities are much faster than the theory. Most of the persons, to whom enforcement proceedings are initiated, face:
In modern conditions, the state executor has the technical ability to access information about property, bank accounts and assets in electronic form. All enforcement actions are performed in electronic form directly in the automated system of enforcement proceedings. A procedure for automatic seizure of bank accounts has also recently been introduced.
You understand: – where is the electronic exchange of messages and information, and where is the speed and reliability of Ukrposhta.
Taking into account the described specifics, the person quickly learns about the existence of enforcement proceedings from the banking institution notification on the seizure of the account in accordance with the decision of the Air Force.
In this situation, a quick and optimal solution would be to pay the maximum amount described above for unlocking accounts and property, as the procedure for appealing the actions of the state executor is lengthy, and the consequences of ignoring the seizure of a bank account can be:
Let’s touch on the procedure appeal:
In the case of an administrative offense, decision may be appealed within 10 days in the administrative order from the date of service, or in court within the procedural time limits.
Illegal actions or inaction of the state executor are appealed in court within limitations statute.