Article 12 37 Part 1. On Administrative Offenses "

Code of the Russian Federation on administrative offenses:

Article 12.37 of the Administrative Code of the Russian Federation. Failure to comply with the requirements for compulsory insurance of civil liability of vehicle owners

1. Transportation of the vehicle during its use, not provided for by the insurance policy of the mandatory insurance of civil liability of the vehicle owners, but equal to the management of the vehicle with a violation of the conditions provided for by this insurance policy only by drivers indicated in this insurance policy -

entails the imposition of an administrative fine in the amount of five hundred rubles.

2. Failure to fulfill the owner of the vehicle established by the Federal Law of the obligation to insure their civil liability, and equal to the management of the vehicle, if such mandatory insurance is missing, -

entails the imposition of an administrative fine in the amount of eight hundred rubles.

Return to the category of document: Code of the Russian Federation on Administrative Offenses (Administrative Code of the Russian Federation) in the current edition

Comments on Article 12.37 of the Administrative Code of the Russian Federation, judicial practice of application

Object The administrative offense provided for in Article 12.37 of the Administrative Code of the Russian Federation is public relations in the field of ensuring the safety of road traffic and the operation of vehicles regulated by the Federal Law "On compulsory insurance of civil liability of vehicle owners" (hereinafter - the Law on OSAGO). The Regulation on the rules of mandatory insurance of civil liability of vehicle owners approved by the Bank of Russia 09/19/2014 N 431-p.

Responsibility under Part 1 of Art. 12.37 Administrative Code

In part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation, administrative liability is provided for violation of the conditions established in paragraph 1 of Article 16 of the Law "On OSAgo" conditions of limited use of vehicles owned or in possession of citizens. Such conditions of the law recognize the management of vehicles only by the indicated by the insured driver and (or) seasonal use of vehicles within three or more months in the calendar year. The limited use of vehicles owned by or in possession of legal entities is recognized by their seasonal use, in particular the use of snow removal, agricultural, watering and other special vehicles within six or more months in the calendar year. The corresponding limitations are indicated in the insurance policy.

Responsibility under Part 2 of Art. 12.37 Administrative Code

In Part 2 of Article 12.37 of the Administrative Code of the Russian Federation provides for administrative responsibility for the non-fulfillment of the responsibility for civil liability insurance established in Article 4 of the Law "On OSAGO", and in the management of the vehicle, the owner of which did not comply with the obligatory insurance of civil liability in violation of the provisions of Art. 19 of the Traffic Safety Act establishes a ban on the use (operation) of such vehicles in the Russian Federation.

Thus, part 2 of Article 12.37 of the Administrative Code of the Russian Federation contains the composition of the administrative offense with alternative features of the objective side, which can be expressed either in the failure to comply with the provided Art. 4 law on CTP insurance duties civil liability either in management The vehicle, whose owner did not fulfill the obligation to insure his civil liability.

10 days for insurance from the moment of the right to the car

In the event of the right to possession of the vehicle (acquiring it to the property, receipt of the vehicle owner or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than 10 days after the occurrence of .

Can I, after the expiration of the policy of the OSAGO (OSAGO Agreement), a month to ride without the policy?
Is there any opportunity to travel without the OSAGO policy during a certain time, for example, if I bought a car and distilling him in my city?

Differentiation of offenses under Part 2 of Art. 12.37 Code of Administrative Code and by Part 1 of Art. 12.3 Administrative Code

Administrative offense, provided for in Part 2 of Article 12.37 of the Administrative Code of the Russian Federation, it is necessary to degrade from the administrative offense, provided for by Part 1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation, the responsibility of which comes in the case when the owner of the vehicle is obligatory for civil liability insurance, but the driver managing This vehicle, there is no compulsory insurance policy.

Subjects The offenses provided for by the article under consideration are vehicle owners. Administrative responsibility under Part 2 of Article 12.37 of the Administrative Code of the Russian Federation are also subject to drivers who manage vehicles whose owners did not fulfill their duties for insurance of their civil liability.

Subjective side These offenses are characterized by intentional wine. At the same time, the drivers who manage the appropriate vehicles, the administrative offense can only be performed with direct intent, as evidenced by the indication in the disposition of the article on the observance of knowledge of the guilty of the absence of compulsory civil liability insurance of the vehicle owner.

Clarification of the Supreme Court of the Russian Federation

In paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 25, 2019 N 20 "On some issues arising in judicial practice when considering cases of administrative offenses provided for by Chapter 12 of the Code of Administrative Code of the Russian Federation" contains the following explanations:

I did not insure the responsibility on the CTP - responsibility under Part 2 of Art. 12.37 of the Administrative Code of the Russian Federation, the management of the vehicle with violation of the OSAGO conditions is responsibility under Part 1 of Art. 12.37 Administrative Code

"..Nevocol the owner of the vehicle is the responsibility for civil liability insurance, established by Article 4 of the Federal Law above, as well as the management of the vehicle, the owner of which did not fulfill the obligation to insurance, are subject to qualifications in part 2 of Article 12.37 of the Code of Administrative Code, while management A vehicle with violation of the terms of the contract of compulsory insurance contained in the insurance policy, including the management of the vehicle by the person not specified in the insurance policy, in part 1 of the title article ".

The review of the judicial practice of the Supreme Court of the Russian Federation No. 1 (2014), approved by the Presidium of the Supreme Court of the Russian Federation, December 24, 2014 contains the following explanations (extraction):

10 days of traffic control without OSAGA policy

"Before the expiration of the ten-day period, the vehicle owner for the conclusion of a civil liability insurance contract, the driver of such a vehicle has the right to manage them without the appropriate insurance policy.

... In accordance with Part 1 of Art. 4 of the Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" (hereinafter referred to as the Federal Law N 40-FZ) vehicle owners are obliged under conditions and in the manner established by these law and in accordance With him, insuring the risk of their civil liability, which may occur as a result of harmfulness of life, health or property of other persons when using vehicles (as amended by the Federal Law of December 1, 2007 N 306-FZ).

According to Part 2 of this article, in the event of the right of ownership of the vehicle (acquiring it to property, receiving in economic management or operational management, etc.) the vehicle owner is obliged to insure his civil liability to registration of the vehicle, but no later than ten Days after the occurrence of the right of ownership of them (as amended by the Federal Law of July 1, 2011 N 170-FZ).

According to the Federal Law No. 40-ФЗ, the owner of the vehicle is the owner of the vehicle, as well as a person who owns the vehicle on the right of economic management or the right of operational management or on another legitimate basis. It is not the owner of a vehicle that controls the vehicle due to the fulfillment of its official or labor duties, including on the basis of an employment or civil law agreement with the owner or other vehicle owner.

From the system interpretation of the above rules, as well as in accordance with paragraph 2.1.1 of the Rules of the Road Movement of the Russian Federation, providing for the driver's responsibility to have an insurance policy only in cases established by the Federal Law, the Supreme Court of the Russian Federation came to the conclusion that before the expiration of the ten-day term, The vehicle owner of the vehicle to conclude a civil liability insurance contract, the driver of such a vehicle has the right to manage them without the appropriate insurance policy. "

Clarifications contained in the strength of paragraph 12 Decisions of the Armed Forces of the Russian Federation of October 24, 2006. No. 18.

In paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 No. 18 "On some issues arising from courts when applying the special part of the Code of Administrative Offenses" contained the following explanations:

It was not insured - violated part 1 of Article 12.37 of the Administrative Code of the Russian Federation, not entered into the policy - part 2 of Art. 12.37 Administrative Code

With the revision of the regulations of the State Agency for Administrative Offenses, provided for in Article 12.37 of the Code of Administrative Offenses of the Russian Federation, it should be processed from the fact that the non-fulfillment of the owner of the vehicle is obligatory for the insurance of civil liability established by Article 4 of the Law of N 40-FZ "about OSAGO", as well as transportation of transport The tool, whose owner did not fulfill the obligation to insurance, are subject to qualifications under Part 2 of Article 12.37 of the Administrative Code of the Russian Federation, and the transportation of a vehicle with a violation of the terms of the contract of compulsory insurance contained in the insurance policy, including the management of the vehicle by the person not specified in the Insurance Policy - in part 1 of the article named.

Full text Art. 12.37 Administrative Code with comments. New relevant revision with additions for 2020. Consultation of lawyers under Article 12.37 of the Administrative Code of the Russian Federation.

(Abzatz in the editorial office entered into force on July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ; as amended by the Federal Law of July 23, 2013 No. 196-FZ from September 1, 2013.

(The article is additionally included on January 1, 2004 by the Federal Law of April 25, 2002 N 41-FZ)

Commentary on Article 12.37 Administrative Code

1. The objects of the administrative offenses under consideration are public relations in the field of road traffic regulated by the Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" (with change and extra.) And mandatory civil insurance rules Responsibility of vehicle owners approved by the Decree of the Government of the Russian Federation dated May 7, 2003 N 263 (with amended and add.).

2. The objective side of the administrative offenses provided for in Part 1 of this article is expressed in violations established in Art. 16 of the federal law of conditions of limited use of the vehicle. These conditions include the management of the vehicle only by the indicated by the insured drivers and (or) seasonal use of the vehicle (within six or more than certain months in the calendar year). Such restrictions are indicated in the insurance policy.

3. The objective side of the administrative offenses, provided for by Part 2 of this article, is expressed as follows. First, in the non-fulfillment of the responsibility for insurance of civil liability established in Art. 4 of the federal law mentioned. Secondly, in the management of the vehicle, the owner of which did not comply with the obligatory insurance of its civil liability, since in Art. 32 of the federal law, as well as in Art. 19 of the Federal Law of December 10, 1995 N 196-FZ "On Road Safety" was established a ban on the use (operation) of such vehicles in the territory of the Russian Federation.

4. The subjects of the offenses provided for by the commented article are the owners of vehicles. In addition, by part 2 of this article, drivers who manage those vehicles whose owners did not make insurance of their civil liability are involved.

5. The subjective side is characterized by deliberate wine, and administrative punishment applies to drivers, managing relevant vehicles, administrative punishment only if the mandatory civil liability insurance is obviously absent (that is, when the driver was known about the absence of insurance).

6. Cases on these administrative offenses are considered by the head of the State Traffic Safety Inspectorate and its deputy, commander of the regiment (battalion, company) of the road-patrol service and its deputy, and under Part 1 of this article also by the staff of the State Traffic Safety Inspectorate, which has a special title (Art. 23.3).

Protocols on the offenses provided for by the commented article are compiled by officials of the internal affairs bodies (police) (part 1 of article 28.3).

Consultations and comments of lawyers under Art 12.37 Code of Administrative Code

If you have any questions about Article 12.37 of the Administrative Code of the Russian Federation and you want to be confident in the relevance of the information provided, you can consult the lawyers of our site.

You can ask a question by phone or on the site. Primary consultations are held free from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

Once he stopped me the traffic police officer, introduced himself and asked the policy of the OSAGO to check, I say, yes there is no problem and open the glove box to get the documents, I look at me, there is no sweat, there are no documents - I forgot them at home and rights, and the policy of OSAGO, and registration certificate.

And it is good that the traffic police officer went to the meeting and gave the opportunity to relatives to bring documents. Otherwise, I would not avoid a fine for riding without insurance, yes, that I would have cut, they would have evacuated my car and I would have to run back. Documents - that was not at all.

But even if you have documents for cars and the right to control the vehicle, but there is no insurance, the fine is still not avoided. Its size depends on the type of offenses.

All fines in the form of a table

For what	ARTICLE Administrative Code	PUNISHMENT
Riding without insurance (forgot to insurance at home)	part 2 of Art. 12.3. Administrative Code	Fine 500 rubles
Riding without insurance (not drawn up)	part 2 of Art. 12.37 Administrative Code	Fine 800 rubles
Riding with overdue insurance	part 2 of Art. 12.37 Administrative Code	Fine 800 rubles
Riding Outside the use of TC	part 1 of Art. 12.37 Administrative Code	Fine 500 rubles
The driver is not entertaining	part 1 of Art. 12.37 Administrative Code	Fine 500 rubles

See how the driver caught the traffic police officers on illiteracy when trying to draw up a protocol for riding without insurance policy.

In the table I brought a brief wording of violations and responsibilities for them, the table can be downloaded and put into auto documents, I think it will not hurt you:

From November 15, 2014, if there is no insurance for the car, the traffic police inspector is prohibited Remove the state number and prohibit the operation of the vehicle.

Now let's consider each item in more detail with excerpts from the COAP of the Russian Federation.

Penalty for riding without insurance in 2020

If you have a policy policy, but for some reason you forgot him at home, you, of course, will write a fine, but to say honestly, it is smaller of evil penalty for riding without CTP will be 500 rubles.

"Driver management by a driver who does not have an insurance policy of compulsory insurance of civil liability of the vehicle owners, except in the case of the case provided for by part 2 of Article 12.37 of this Code,

- entails a warning or imposition of an administrative fine in the amount of 500 rubles».

Until 2020, similarly punished if you did not print the electronic policy of the CTP.

Now it goes into the past and enough to show the E-Osago inspector on the smartphone or call his number, and they already independently check the OSAGO base.

Penalty for the lack of insurance

It is more difficult. if you have not done an insurance policy at all, the size of the fine will be 800 rubles.

"Failure to the owner of a vehicle established by the Federal Law of the obligation to insurance for their civil liability, as well as managing the vehicle, if such mandatory insurance is missingly absent,

- entails the imposition of an administrative fine in the amount of 800 rubles».

Until November 15, 2014, riding a car without insurance threatened the evacuation of the car and withdrawing the state officials. I am glad that this terror was canceled.

Fine for overdue insurance

Please note that in the Administrative Code of the Russian Federation there is no concept of overdue insurance.

If you have expired, the term of the CTP policy, then it is equal to the absence of insurance.

Riding with overdue insurance OSAGO - fine 800 rubles.

The overdue policy of CTP to throw out unnecessary, it may be required in the future to restore KBM.

Fine for riding outside the use period

To be honest, I myself did not immediately understand what the essence is here. And it turns out everything as always.

Consider on the example, you have issued an OSAGO policy for 1 year, with a period of use of a vehicle from April to October, in the so-called summer season.

But it turned out that you had to get behind the wheel in December. This will be riding outside the use period.

In fact, it turns out, you have a policy (term 1 year), but the period of use from April to October.

Riding a car outside the period of use threatens you fine 500 rubles.

"Transportation of the vehicle during its use, not provided for by the insurance policy of mandatory civil liability of the vehicle owners

».

Not included in insurance

"What a fine, if not entered into insurance," many drivers are surprised, because there is actually insurance, well, well, yes, but the car is insured.

Alas, but in Russia at the moment it is not the car, but the driver's responsibility to other participants in the movement.

And if your car runs the driver who is not specified in the insurance, but he has rights, for example, a wife was lucky from friends or a friend was driving, then fine If not entered into insurance - 500 rubles.

"Managing a vehicle with a violation of the conditions provided for by this insurance policy. Terms of management of this vehicle only specified in this insurance policy by drivers.

- entails the imposition of an administrative fine in the amount of 500 rubles».

New penalty for insurance 5000 rubles

Indeed, on June 19, 2019, the State Duma made a bill to the Parliament of the Kabardino-Balkarian Republic on which if a person is re-stopped and he has no OSA policy, penalty for riding without insurance is invited to increase to 5,000 rubles.

They substantiated their proposal as follows:

Read the full text of the explanatory note to the bill

Explanatory note

to the draft federal law

"On Amendments to the Code of the Russian Federation

on administrative offenses "

The draft federal law "On Amendments to the Code of Code of Administrative Offenses" was developed in order to encourage drivers (owners) of vehicles for the execution of obligations on compulsory civil liability insurance provided for by the Federal Law of 25.04.2002 N 40-FZ "On Mandatory Civil Insurance Responsibility of vehicle owners "(hereinafter - the Law on the CCAMA).

This bill was developed in order to protect the rights of citizens who, being participants in road accidents, being innocent in dealing with the incident and in the absence of a culprit of the obligatory insurance policy (hereinafter referred to The right to compensation for damage caused by a road accident (hereinafter - an accident).

At the moment, the obligation to insure civil liability of vehicle owners is established by law on the CCAMA and aimed, first of all, to protect the rights of victims and compensation for harm caused by their life, health or property when using vehicles by other persons, i.e. in the collision of vehicles (accident).

It is the presence of an insurance policy that the culprit of the incident protects the victims to the accident and guarantees them the right to obtain a compensation for harm caused by the health or property of the victim, as well as the health of passengers, within the established limits of the Insurer's responsibility on the CTP.

At the same time, the absence of the insurance policy at the culprit of the incident is often violated the rights of the victim (victims), since in this case the culprit of the road accident must fully reimburse the damage in accordance with the provisions of the Civil Code of the Russian Federation that the latter can not always and intends do.

In order to ensure the rights of victims to reimburse damage, the legislator introduced administrative responsibility for managing the vehicle without the OSAGA policy (part 2 of Article 12.37 of the Code of Administrative Offenses (hereinafter - the Code of Administrative Code of the Russian Federation), with the help of which planned to reduce vehicle management cases without specified policies . This Article Administrative Code of the Russian Federation provides imposition of an administrative fine in the amount of eight hundred rubles.

Meanwhile, according to official statistics, in 2017, the number of fines for riding without the OSAGA policy increased by 40 percent compared with 2016, which indicates a decrease in the number of persons who insure their responsibility. According to the Russian Union of motorways as of 2017, approximately 3 million motorists ride on the roads without the Osago Polis. The specified figure continues to grow.

Increasing the number of motorists carrying out the management of vehicles without the OSAGA policy is due, firstly, with a relatively low amount of the fine, which is provided for by part 2 of Article 12.37 of the Administrative Code (800 rubles, which can be reduced to 400 rubles when paying a fine for the first 20 days), compared with the cost of the policy of the OSAGO, and secondly, with a relatively soft point of punishment - an administrative penalty.

As a result, driving a vehicle without the OSAGA policy leads to the following:

- an increase in the number of accidents in which the culprit does not have a policy of CTP, which leads to a violation of the rights of the victim to receive compensation;

- an increase in the number of lawsuits on claims for damages between the victim and the culprit of the accident. As a result - an increase in the work of the courts, as well as the service of bailiffs;

- an increase in the number of fines in the amount of 800 rubles per and the same driver (400 rubles when paying the fine for the first 20 days), which, despite their attraction to administrative responsibility, are in no hurry to execute the CTP policy due to the "softness" of administrative penalties;

- an increase in the number of accidents, the design of which is impossible without the participation of authorized employees of the State Inspectorate of Road Safety, since it is mandatory for the execution of an accident without involving them is the presence of all sides of the insurance policy incident. As a result, the amount of work of the State Safety Inspectorate of Road Safety is increasing, which could at the specified time to monitor traffic.

The decision of this problem consider it possible by making the proposed draft law.

Supplement to Article 12.37 of the Code of Code of the Russian Federation part that provides a more stringent type of punishment for a repeated administrative offense, will contribute to an increase in the number of persons who increase their civil liability, and, accordingly, the number of cases in which the victims will be limited in their rights to compensation for damage from the accidents will decrease.

At the same time, the re-commission of an administrative offense is the commission of an administrative offense in the period when the person is considered to be administratively punished in accordance with Article 4.6 of the Code of Administrative Offenses of the Russian Federation.

At the same time, the draft law includes an addition to part 1 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation, providing for the empowerment for consideration of cases of administrative offenses of the projected part, and clarification into part 2 of Article 12.3 of the Administrative Code of the Russian Federation and part 1 and 2 of Article 23.3 of the Code of Administrative Medical University.

The draft law is refined taking into account the comments specified in the conclusion of the Commission Council of Laws of the Russian Federation at the Federal Assembly of the Russian Federation to coordinate legislative activities and monitoring legislation.

Are they there that whlen are smoking?

How? As an increase in the size of the fine can improve the situation if it is an ardent, it is how to win in the lottery!

But, then it seems that they came to them until 22.10.2019, this bill was withdrawn from the State Duma of the Russian Federation.

So the epic ended with a fine for insurance of 5,000 rubles, otherwise our comrades had to be thin, very bad.

Penalty for riding without insurance for the organization

What for organizations that for individuals the size of the fine is the same. Therefore:

penalty for the lack of CTP for legal entities - 800 rubles;
Penalty for riding without insurance for the organization - 500 rubles.

Recall that riding without insurance is when there is a policy, but you forgot him at home (at work), and the lack of CTP is when the policy was not fulfilled at all!

The nuance of insurance for Jurlitz is that the Corporate Cars are issued by the OSAO without restrictions so that in the case of the driver's dismissal, each time does not reissue the policy.

But if the organization wants to receive a discount for trouble-free, i.e. In order for the insurance company to take into account KBM, then it is necessary to enter each driver in it when executing the policy of OSAO.

In this case, when the driver is dismissaling, you will need to go to the office of the insurance company and enter a new driver in the policy. Or you can enter the driver to the electronic policy of the OSAGO on the insurer's website.

How many times may be fined for riding without insurance during the day

We often ask how many times the traffic police inspector has the right to finfing you during the day for the lack of insurance.

p.5, Article 4.1 of the Administrative Code of the Russian Federation "No one can bring administrative responsibility twice for the same administrative offense"

The text of the article is completely

Article 4.1. General rules for appointing administrative punishment

1. Administrative punishment for committing an administrative offense is appointed within the limits established by the law, providing for the responsibility for this administrative offense, in accordance with this Code.

2. When appointing administrative punishment, the nature of the administrative offense committed by him, the personality of the perpetrator, its property situation, the circumstances, mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account by the physical person.

2.1. When appropriate administrative punishment for committing administrative offenses in the field of drug legislation, psychotropic substances and their precursors, a person recognized as a drug addiction or a drug consuming or psychotropic substances without appointing a doctor or new potentially dangerous psychoactive substances, the judge may impose on such a person the obligation To undergo diagnosis, preventive measures, drug treatment and (or) medical and (or) social rehabilitation in connection with the consumption of narcotic drugs or psychotropic substances without the appointment of a doctor or new potentially hazardous psychoactive substances. Control over the execution of such a duty is carried out by authorized federal executive bodies in the manner established by the Government of the Russian Federation.

2.2. In the presence of exceptional circumstances associated with the nature of the perfect administrative offense and its consequences, the individual and the property position of the individual attracted to the administrative responsibility of the individual, the judge, the authority, the official opinion on the administrative offenses or complaints, protests on the rulings and (or) solutions for Affairs of administrative offenses may impose a sentence in the form of an administrative fine in the amount of the less minimum amount of an administrative fine provided for by the appropriate article or part of the article of section II of this Code, in case the minimum amount of an administrative fine for citizens is at least ten thousand rubles, and for Officials are at least fifty thousand rubles.

2.3. When appropriate administrative penalties in accordance with part 2.2 of this article, the amount of an administrative fine cannot be less than half of the minimum amount of the administrative fine provided for by citizens or officials of the appropriate article or part of the article of section II of this Code.

3. When appointing administrative punishment, the legal entity takes into account the nature of the administrative offense committed by him, the property and financial position of the legal entity, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility.

3.1. In cases stipulated by Part 3 of Article 28.6 of this Code, administrative punishment is appointed as an administrative fine. At the same time, the size of the appointed administrative fine should be the smallest within the limits of the applied article or part of the article of section II of this Code, and in cases where the articles of this Code of this Code applied or part of the article II provide administrative punishment in the form of deprivation of the right to control vehicles or administrative The arrest is not provided for administrative penalties in the form of an administrative fine, administrative punishment is appointed as an administrative fine in the amount of five thousand rubles.

3.2. In the presence of exceptional circumstances related to the nature of the perfect administrative offense and its consequences, the property and financial position of the legal entity involved in the administrative responsibility, the judge, the authority, which are considering cases of administrative offenses or complaints, protests on decisions and (or) solutions for Affairs of administrative offenses may impose a punishment in the form of an administrative fine in the amount of the less minimum amount of the administrative fine provided for by the appropriate article or part of the article II of this Code in the event that the minimum amount of the administrative fine for legal entities is at least one hundred thousand rubles.

3.3. When appointing administrative penalties in accordance with part 3.2 of this article, the amount of an administrative fine cannot be less than half of the minimum amount of the administrative fine provided for legal entities with the relevant article or part of the article II section of this Code.

4. The appointment of administrative punishment does not exempt the person from the performance of the duty, for the failure to fulfill the administrative punishment was appointed.

5. No one can bring administrative responsibility twice for the same administrative offense.

Legal norms exclude the possibility of issuing 2 or more decrees on the appointment of administrative punishment.

Those. If the traffic police inspector stopped you and discharged a penalty for the lack of insurance, then this is a complete offense and for it you can not finish the second time.

But if you continued movement and 10 km. DPS inspector stopped you and prescribes a penalty again for riding without insurance of the CTP, it is a new offense (Other time, another place of offense, etc.) and so it can continue repeatedly!

Article 19. The foundations and procedure for the prohibition of operation of vehicles

1. It is prohibited to operate vehicles if they have technical malfunctions that create a threat to road safety. The list of faults of vehicles and conditions under which their operation is prohibited are determined by the Government of the Russian Federation.

2. It is forbidden to operate vehicles whose owners are not executed by the federal law obligation to insure their civil liability.

2.1. It is forbidden to operate vehicles by persons in a state of alcoholic, narcotic or other toxic intoxication.

3. The prohibition of operation of the vehicle is carried out by authorized by officials.

Based on the foregoing, the action of the traffic police officer in this situation is legitimate. And you need to urgently acquire the policy of OSAGO!

If you have discharged a penalty for the lack of CTP and you disagree with him, use the free advice of a lawyer and get exhaustive answers to your questions.

How not to pay traffic police fines in full

I'll say that do not pay the traffic police fines in full on legal basis. True, not all, but fees for insurance are included in their number.

Do not be afraid you do not violate any law and nothing will be for it.

Stateto increase fees in the treasury, d fReldent payers gave a 50% discount on fines. FZ №437.

Single but!

Pay a fine with a 50% discount within 20 days from the moment of the decree on an administrative offense.

Note! Within 20 days from the date of the resolution, and not from the moment of an offense!

The payment of the fine with a discount should be done in advance, since it will take several days to carry out an operation for enrollment.

AND if the money enrollment occurs on 21 days, the discount is canceled and you will pay a fine completely.

Now, if you stopped the traffic police officer on the road and amounted to a protocol on an administrative offense, then to track the start of the period in which you can pay a fine with a 50% discount.

How to be if the offense recorded a video phixation camera?

Here you can give only 2 councils:

Sign up on the Public Services portal and tie your phone number in your account. And in the future, all the notifications about the fines will come to your phone.
At least 1 time in 10 days, it is written out a fine on you or not on special services on the Internet. I would recommend doing it on the traffic police service.

And there is another little trick!

Since the registration policy of the OSAGO for 2 years has been observed difficulties and the traffic police inspectors are much loyal to drivers without the OSAGO policy. And if you "don't climb a bottle", and just hesitate that the insurers such whi do not want to sell insurance, such as 3rd a day sticking to the electronic queue, and it was necessary to go urgently, etc. etc., as a result, you can save at least 550 rubles.

Ask how? Yes, very simple. The inspector may write you a fine for no insurance at all, but for riding without insurance, and this is 500 rubles. instead of 800 rubles. And if you use a 50% discount, then in the end, pay 250 rubles, and not 800. Not bad, yes?

Attention! This cunning should not be abused. It works only because it is now difficult to buy a policy of OSAGO.

Remember! You buy an OSAGO for their responsibility insurance, and not to "otmazy" from the traffic police officer!

New edition of Art. 12.37 Administrative Code

entails the imposition of an administrative fine in the amount of five hundred rubles.

entails the imposition of an administrative fine in the amount of eight hundred rubles.

Commentary on Article 12.37 Administrative Code

1. The object of this offense is the rules of road traffic and operation of the vehicle. This article was introduced by federal law of 25.04.2002 N 41-FZ (with measurement of 21.07.2005 N 103-FZ).

The contract of compulsory civil liability of vehicle owners is the insurance contract for which the insurer undertakes for a contractual fee upon the occurrence of the event provided for in the contract to compensate due to this event harm, the health, health or property of the victim within a certain agreement. The validity period of this agreement is one year.

2. The responsibility for insurance of civil liability does not apply to the owners:

a) vehicles, the maximum design speed of which is no more than 20 kilometers per hour;

b) vehicles, which, according to their technical characteristics, do not apply the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in road traffic in the Russian Federation;

c) vehicles of the Armed Forces of the Russian Federation, other troops, military formations and bodies, which provide for military service, with the exception of buses, passenger cars and trailers to them, other vehicles used to ensure the economic activities of the Armed Forces of the Russian Federation, other troops , military formations and organs;

d) vehicles registered in foreign countries, if the civil liability of owners of such vehicles is insured within the framework of international compulsory insurance systems, whose participant is the Russian Federation.

3. The subjective side of the offense is characterized by deliberate wine.

4. The subject of the offense is the owner of the vehicle.

ST 12.37 Administrative Code

entails the imposition of an administrative fine in the amount of five hundred rubles.

entails the imposition of an administrative fine in the amount of eight hundred rubles.

Comment to Art. 12.37 Code of Administrative Offenses of the Russian Federation

1. In paragraph 3 of Art. The 16 road safety law provides that vehicle owners must carry out compulsory insurance of their civil liability in accordance with federal law. Clause 1 Art. 4 of the federal law "On compulsory insurance of civil liability of vehicle owners" determines that vehicle owners are obliged under conditions and in the manner established by the named law, and in accordance with it to insure the risk of their civil liability, which may occur due to harm life, Health or property of other persons when using vehicles. The rules of compulsory insurance of civil liability of vehicle owners approved by the Decree of the Government of the Russian Federation of 07.05.2003 No. 263. Paragraph 2 of Art. The 19 Road Safety Act establishes a ban on the operation of vehicles whose owners are not fulfilled by the federal law obligation to insure their civil liability. A similar ban is set to paragraph 11 of the main provisions for the access of vehicles to operation.

In Part 1, the commented on the article provides for the responsibility for violations established in paragraph 1 of Art. 16 of the Federal Law "On compulsory civil liability insurance of vehicle owners" conditions of limited use of vehicles owned or in possession of citizens. Such conditions of the law recognize the management of vehicles only by the indicated by the insured driver and (or) seasonal use of vehicles within three or more months in the calendar year. The limited use of vehicles owned or in possession of legal entities is recognized by their seasonal use, in particular, the use of snow removal, agricultural, watering and other special vehicles for six or more months in the calendar year. The corresponding limitations are indicated in the insurance policy.

2. The objective side of the administrative offenses envisaged by Part 2 of the commented article is expressed in the non-fulfillment of the responsibility for civil liability insurance established in Art. 4 federal law "On compulsory insurance of civil liability of vehicle owners" and in the management of the vehicle, the owner of which did not comply with the obligatory insurance of civil liability in violation of the provisions of Art. 19 of the Traffic Safety Act establishes a ban on the use (operation) of such vehicles in the Russian Federation.

3. The subjective side of the offenses under consideration implies intent.

4. Subjects of the analyzed offenses are vehicle owners. In addition, at part 2 of the commented article, drivers who manage vehicles, whose owners did not make insurance of their civil liability are involved. At the same time, drivers are involved in administrative responsibility only in the case when the mandatory insurance of civil liability is obviously absent (that is, the driver knows about the absence of a compulsory insurance policy).

5. When performing the offenses provided for by the commented article, the operation of the vehicle is prohibited, and state registration signs are subject to removal to eliminate the cause of the proximity of the vehicle operation (Art. 27.13 of the Administrative Code of the Russian Federation).

6. Protocols on the offenses provided for by the commented article are compiled by officials of the internal affairs bodies (police) (part 1 of article 28.3 of the Code of Administrative Medical University).

7. The specified violations of the legislation on the obligatory insurance of civil liability of vehicle owners are considered by the head of the State Traffic Inspectorate, his deputy, regiment commander (battalion, company) of the road-patrol service and its deputy, and under Part 1 of the commented article - also by the staff of the traffic police who have a special title (Art. 23.3 of the Administrative Code of the Russian Federation).