A fine is a form of punishment in administrative law. It is a deduction in respect of a legal, official or natural person who has committed an offense.
A fine in administrative law is the most applicable enforcement measure. It represents a foreclosure of a property nature. It can only be used as the main punishment. A special part of the Code of Administrative Offenses imposes an administrative fine as a sanction in almost all articles.
The offender to whom the punishment in question applies is obligated to pay the amount collected in the period specified by law. Failure to pay an administrative fine within the prescribed period entails the application of sanctions.
Functions of a fine in administrative law
A fine carries out several functions simultaneously: preventive, punitive and compensatory.
1. The preventive function is aimed at preventing future violations of administrative law.
2. The punitive function is focused on punishing the offender for an administrative act by applying a penalty to him.
3. Compensation function (law enforcement) is aimed at restoring property rights and rights violated by illegal means.
Functions aimed at further preventing an offense do not always do their job. Sometimes there is such a fact as failure to pay an administrative fine on time. The time limit is determined by the legislature. Having increased this period for any reason, the citizen will still have to pay the indicated amount in the future. As practice has shown, there is no point in avoiding punishment. You can only harm yourself by such actions.
Terms of payment of the fine
The period allotted for payment of the recovery by the person held liable is sixty days. During this time, the offender is obliged to part with the assigned amount, as failure to pay an administrative fine within the prescribed period entails the application of certain sanctions. The previously allotted period was thirty days.
It is important to remember that the offender has the right to protest or appeal the administrative fine order within ten days. After this period, the citizen is obliged to pay the amount claimed. Without taking any action to appeal or protest the protocol, the offender agrees with the charge and this type of punishment. What will happen if a citizen who has committed an administrative misconduct fails to pay a fine? The law requires responsibility. For failure to pay a fine within the prescribed time period, sanctions may be applied. For example, they can be expressed in increasing the amount of the fine, as well as other types of punishment.
The amount of the fine
The fine for administrative misconduct for individuals is set at a rate not exceeding five thousand rubles. In exceptional cases, it can reach several hundred thousand rubles. Officials pay a recoverable amount, the amount of which can be from fifty thousand to a million rubles. Legal entities may be fined up to sixty million rubles.
The penalty may not be less than one hundred rubles, and for traffic offenses the fine is at least five hundred rubles.
The exception is citizens for whom the penalty is not applicable: to conscripts and cadets before the expiration of the contract.
What threatens for non-payment of an administrative fine?
In practice, it often happens that those who are obligated to pay the exacted amount maliciously evade the implementation of this punishment. In order to prevent this situation, prerequisites have been created that ensure the delinquent and timely fulfillment of the obligation to pay the fine. After all, some citizens do not think about the questions: “What threatens me with non-payment of a fine? What are the consequences of such an attitude to punishment? ”
The Code of Administrative Offenses in article 20.25 provides for certain sanctions for evading administrative punishment. So it’s better not to tempt fate. Failure to pay an administrative fine within the prescribed period shall entail the imposition of another penalty. What does it mean? Such a fine shall be paid in double amount of the amount that was not paid in a timely manner. This penalty for administrative misconduct cannot be less than one thousand rubles. And also non-payment of the fine entails additional administrative penalties, for example, in the form of arrest. The term of this preventive measure is no more than fifteen days. Or, such behavior leads to the fact that a citizen is awarded labor at some state facility. The term of this punishment is not more than fifty hours.
Punishment for evading sanction for non-payment of a fine
For citizens who evade the payment of a fine, one of the above measures of punishment is applied. However, this does not scare everyone. The law describes administrative fines and liability for non-payment of a fine. However, the offender may also neglect to fulfill these duties. Consequently, such an attitude to punishment entails additional measures provided for by administrative norms. For non-fulfillment or evasion of repayment of the amount assigned repeatedly, a more severe punishment is provided. But the penalty is already becoming more stringent. For example, for the offender leaving the place where he is serving an administrative arrest, or for evading serving the sentence, imprisonment follows. The law allows the punishment of a malicious defaulter by imprisonment for up to fifty days. Or increase the period allotted for compulsory work, up to fifty hours.
Instead of a conclusion
Due to the fact that failure to pay an administrative fine within the prescribed period entails compulsory work as a punishment, a person who avoids performing them risks to aggravate the situation. Such behavior can lead to an increase in the amount of the penalty, an administrative fine sometimes reaches three hundred thousand rubles. Or the offender faces an arrest of up to fifty days.
In conclusion, I would like to say that to evade the penalties imposed is unprofitable for the offender himself. Sooner or later, you will have to pay the bills, but the punishment will be more severe. It’s better not to bring this up.