Return of state duty to the traffic police: a sample application and step-by-step instructions for returning

Payment of state duty is necessary to get a variety of services in the territorial traffic police. In some cases, the reasons for the return of the state duty paid to the STSI are: changes in circumstances not previously provided for, the absence of the need to obtain certain documentation, incorrect details.

Cases in which a refund of state duty is possible

Funds paid at the expense of the state duty can be sent back to the payer in the following cases:

1. Refusal to purchase a vehicle. Sometimes it happens that a citizen paid the state fee, submitted all the documents for registration, but due to the refusal to purchase a car, the transfer of ownership becomes impossible.
2. Error. The mistake may be a defect made in the process of filling out the receipt form, making a payment for the service of another municipal or state body, indicating other details, an incorrect account. You can also return the state duty if it was incorrectly calculated - paid in a larger amount, even if it is provided for by law.
3. Denial of service. It is allowed in a particular case when individually resolving the circumstances or the dispute that caused the consequences for the applicant. Refunds for the state traffic police duty are not carried out if the errors were not a unit of the traffic police providing the service.
4. Cancel the decision. Such a situation is possible if the fine was introduced to enforce the act, but then it was canceled by decision of the judiciary. In this case, the requirements put forward by the state body are recognized as illegal.
5. Re-introduction of state duty - the same service is paid twice by mistake or due to a technical malfunction.

The right to apply

Regardless of what is the reason for the return of the paid state duty, the applicant has the right to submit an application, and the traffic police are obliged to accept it. As a result, an act must be adopted in which factual circumstances and the grounds for making a decision are recorded. How to write an application for the return of state duty of the traffic police will be discussed below.

Legislative regulation

Payment for public services is provided for in article 333.33 of the Tax Code. When returning the state duty of the traffic police, it is necessary to rely on the rules fixed in 333.40 of the Tax Code. This norm lists the grounds, in the presence of which it becomes possible to perform the specified action.

The law incorrectly credited state duty is considered as unjust enrichment. It is regulated by Article 1102 of the Civil Code of the Russian Federation. It must be returned to the owner without fail.

Return date

The payer may present a request for the return of funds transferred to the treasury no later than 3 years from the date of payment. This period is valid if a citizen submits an application for the return of state duty to the traffic police (a sample can be found in Internet sources) directly to the state agency in whose favor he transferred the money. The same period applies if you file a lawsuit in court.

After a request for the return transfer of state duty has been submitted, it must be registered within 3 days. After that, it is transferred to an authorized person for consideration. This period is regulated by the second clause 8 of Article 59-FZ, which fixes the procedure for civil appeals.

The department of the road service under the law should draw up a reasoned response to the application with a request for a refund for the state traffic police duty within 30 days. To get acquainted with him, the citizen who has applied has 10 days. The corresponding document can be sent to the applicant by mail, or transferred personally to the hands under signature.

When will the return be quick?

In practice, the traffic police carries out the return of state duties rather quickly in the following cases:

1. If the payer voluntarily refused to receive public services.
2. If a citizen pays a state fee in a larger amount than established by law.
3. If a citizen has not received the service through the fault of an authorized institution, for example, due to loss of documents, due to negligence of an employee.

Required Documentation

To apply for a refund for the state traffic police duty, a citizen will have to submit the following documents:

1. A copy of the document on payment of the fee, if it is expected to return part of the amount; the original of the specified document, if it is expected to refund the full amount. It is important to note that the date of the payment document must not be earlier than 3 years from the date of application.
2. Details on which funds are to be transferred - a bank account that belongs to the payer. You can specify them directly in the text of the statement.

If the need arises, the state agency has the right to request additional documentation from the applicant in order to make an objective decision.

Is it possible to return the state traffic police duty through "State services", we will describe below.

Filling out an application for the return of state duty

Legislation does not provide for a unified application form for the refund of state duties paid in favor of the STSI. Therefore, it can be compiled in free form, the main thing is that the following information is reflected in it:

1. The applicant's data: his F. I. O., place of residence.
2. The full name of the state body for whose services the applicant paid, namely the traffic police unit.
3. The data of the head of the department of the tax authority that has accepted the state duty - his F. I. O. and position.
4. The amount of money paid as a state duty, and the amount must be indicated exactly, up to cents. It is also necessary to indicate the date when the funds were transferred, the number of the payment document, the reason why the state duty is returned to the STSI. A sample application must necessarily refer to article 333.40 of the Tax Code.
5. Signature of Applicant.
6. A mark in the form of the date of receipt of the application by the state body and the incoming number, the signature of the authorized representative of the traffic police.
7. A copy of the passport or other identity document of the payer.

You can apply for a state duty refund to the State Traffic Safety Inspectorate, the sample of which is presented above, by contacting the unit personally by sending it by registered mail via the postal service using the state services portal or the traffic police.

Refund procedure using the traffic police portal

One of the ways to process the return of a paid state duty is to apply to the STSI through the official portal of this body. To get back the funds paid to the budget, you must follow the step by step instructions:

1. Open the official traffic police portal.
2. Go to the service section and submission section of calls.
3. Examine the data on the provided service, put the appropriate note that the information has been read, and then click on the button for submitting an application for the return of state duty to the traffic police. Unfortunately, the sample application is not presented on the site.
4. Fill in the addressee field, indicating the region in which the traffic police unit is located in which the funds were sent, the name of the official, the number of the department. Also, the applicant must fill out information about himself - the status (of a citizen or organization), full name. In addition, you must enter an email address (a reply will be sent to it). In addition, you can specify the mailing address to which a letter from the road service will come.
5. Also in the form should indicate the contact phone number, the place where the payment was made. In the case when a citizen has already sent a corresponding application for the return of state duty to the STSI (it is better to keep a sample or copy of the application), he should indicate the date when this happened. Below you must directly place the text of the appeal. You can issue a request for a reverse transfer of money in the form of a document in a text form and attach it to the appeal form.
6. Next, you need to enter a code that protects against spam, and click the submit button.
7. After sending, a message will be displayed on the screen that an email with a confirmation code has been sent to the specified email address. It should be entered in the form presented.

Then, the applicant must confirm that the data entered is correct and confirm the shipment. The traffic police will respond to the request by e-mail by sending a letter to the address indicated by the citizen.

Is it possible to return state duty through the "Public Services" portal?

This is a unique service that allows you to pay state fees.

The size of the amount to be paid for receiving various securities or solving other problems with the participation of state bodies is determined by the current legislation. Officials responding to a citizen’s request have no opportunity to independently change it in the direction of increase or decrease.

The privilege is provided only in case of payment of state duty through the "State Services" portal. In this case, the usual cost of the service is reduced by 30%.

Unfortunately, the State Traffic Services portal does not provide for the return of the state traffic police duty. Only the traffic police are responsible for this. But a citizen can print a receipt from him to attach it to the application sent by the traffic police portal. Do not forget that the application can be sent by mail or transmitted to the secretariat of the state body in person.

Reasons for refusal

The traffic police does not return the state duty in the following cases:

1. If the legal requirements for payment are violated - serious errors regarding personal data or details: their deliberate distortion and whether concealment.
2. If an application for the return of state duty to the traffic police (a sample of which was drawn up by the owner, but there is no power of attorney) is submitted by an unauthorized person. This is possible if, for example, a car was sold, the fee was paid by the buyer, who transferred the demand for its return to the seller without fixing the agreed powers.
3. If there is no confirmation that the state duty has been paid - if the applicant does not have a copy of the payment document, he did not provide the date of payment, number, receipt details.
4. If the registration data has changed. In such situations, the return of state duty is significantly delayed, and this process does not always give a positive result.

Going to court

If the traffic police department refuses to refund the money, the applicant has the right to apply to the judicial authorities with the same requirement. There is no need to pay the state fee for going to court with such a statement. The court will call the representatives of the applicant and the state agency within 10 days and consider the petition. This process is regulated by 124-127, 131 articles of the Code of Administrative Offenses of the Russian Federation.

The court may refuse to satisfy the claim if it does not reveal the grounds for the reverse transfer of money paid to the state duty account.

Before contacting the court, the applicant may appeal the decision of the unit in higher instances.