Sample petition to restore the deadline for paying a fine with a 50 percent discount

Good afternoon, dear reader.

Starting from January 7, 2021, a driver who received a registered letter with a decision to impose a fine later than 20 days after the decision was issued has the opportunity to restore the deadline for paying the fine with a 50 percent discount.

That is, if the letter with the decision arrived late and the period allotted for payment at a discount has expired, then it can be extended. However, this does not happen automatically.

To restore the deadline, you need to write a special petition, which will be discussed in this article:

Application form for discount extension.
Sample petition for restoration of time limit.
How to fill out an application?
Where to submit your application?
When should I expect the deadline to be restored?

Is the game worth the candle?

Definitely worth it! With rare exceptions.

Drivers have the opportunity to pay traffic debts that are half the amount assigned on the basis of Part 1.3 of Article 32.2 of the Code of Administrative Offenses. It is in it that a period of 20 days is stated for paying 50% of the fine. Moreover, the course of this period is marked by a number of difficulties:

the calculation of 20 days begins from the day the decision is made,
the problem is that if the fine took a long time to arrive by mail and arrived late, then you may not find out about the imposed punishment,
most other deadlines are calculated more correctly - precisely from the day of receiving a copy of the resolution, why this particular opportunity begins from other moments is known only to the legislators.

It would seem that legislators came up with an innovation in the law, giving drivers relief, but then immediately made its practical application almost impossible. Moreover, for residents of large cities everything is simpler, but for rural settlements and small towns the situation is more complicated - here letters can take more than 20 days to arrive.

But at the end of 2021, deputies nevertheless corrected this issue. But a logical start for calculating the period from the date of receipt of the decision was still not introduced. Instead, motorists who missed the deadline due to mail were given the opportunity to petition for restoration of the missed period and the possibility of paying at a discount.

The check was generated late

When and how a check should be issued is spelled out in sufficient detail (clause 3 of Article 14 of Law No. 422-FZ of November 27, 2018). If payment is made in cash and (or) using electronic means of payment, then the check must be issued at the time of settlement - in electronic or paper form.

An interesting point is that in settlements between a self-employed person and his buyer there may be an intermediary (clause 2 of article 7, clause 2 of article 14 of Law No. 422-FZ). Apparently, this refers to a situation where a certain person (the criteria are not specified in the law) recruits self-employed people and acts as an agent, receiving money and transferring their share to the self-employed.

If an intermediary is involved in the settlements, then the self-employed person does not need to generate and issue a check. It can be assumed that the same intermediary should be responsible for issuing checks (checks from “My Tax” or cash register checks - history is also silent for now).

The NPD taxpayer still needs to notify his Federal Tax Service about all payments made through an intermediary no later than the 9th day of the month following the tax period. Apparently, you still need to issue one check to the intermediary for the amount of money earned through him for the month.

If you do not generate a check on time, expect a fine under Art. 129.13 Tax Code of the Russian Federation.

What should I do if the discount was missed through no fault of mine?

So, as we have already indicated above, in this case in 2021 it is possible to restore the message missed due to the fault of Russian Post.

This is stated in Article 32.2 of the Administrative Code:

If a copy of the decision imposing an administrative fine, sent to a person held administratively liable by registered mail, was received at his address after the expiration of twenty days from the date of such decision, this period is subject to restoration by the judge, body, official, who made such a decision, at the request of the person brought to administrative responsibility.

Where to contact?

According to the meaning of the above quote, you need to do the following - write a petition and send it to the person who made the decision. At the same time, the article lists certain officials and even judges.

But in our case, everything is much simpler - since we are talking about a fine from a camera, which became impossible to pay due to missing a deadline through no fault of the driver, the letter must be written to the TsAFAP official. And which one and to whom exactly is indicated on the back of the copy of the resolution at the very beginning of the text of the letter that arrived to you late. That is why you need to wait for the official notification, even if you have already discovered the fine on the Internet.

This is what the addressee you are looking for looks like, where you need to contact if you miss the discount period:

On the reverse side of the copy of the resolution we find the address and title with the full name of the official - we will need them in the future.

If you still have problems with the address, then all traffic police fines from auto-fixation cameras (except for administrative sanctions for parking at the regional level) come from the Auto-fixation Center - TsAFAP. They are issued on behalf of the main branch of the region where you live, and you can find it on the official website of the State Traffic Inspectorate.

Here, for example, are the addresses of TsAFAP in some cities:

Muscovites who received the fine too late, as a result of which the discount period was missed, should write a petition to the address: Moscow, st. Sadovaya-Samotechnaya, 1,
St. Petersburg – st. Professora Popova, 42,
Samara - st. Krasnoarmeyskaya, 135a,
Krasnodar - st. Starokubanskaya, 86,
Ekaterinburg - st. Chkalova, 1,
Kazan - st. Orenburgsky tract, 5.

How are self-employed people checked?

So far, the tax authorities have not come up with anything better than the good old practice of “decoy ducks”.

For example, let’s say you offer household assistance services via the Internet. The customer contacts you, you come, do something, receive payment, but do not issue a receipt. Your customer proudly shows you his Federal Tax Service inspector ID and the rest of the story goes on. The method was worked out by tax officials at the cash registers - “not online”. Simple, reliable and practical, as they say...

It is also possible that the recipient of the self-employed’s services will be dissatisfied with something and “whistle” to the Federal Tax Service that this self-employed person does not issue checks. But such cases are still rare in our country.

And, of course, tax officials can request data on the receipt of money into the accounts of the self-employed and compare them with what went through “My Tax” (however, a request to the bank is possible when a tax audit is initiated against the self-employed). And if the tax authorities prove that this is revenue, the amounts received will be considered the income of the self-employed.

By the way, the presumption of innocence of the taxpayer, proclaimed in paragraph 6 of Art. 108 of the Tax Code of the Russian Federation does not always work in practice.

How and what to write in the application?

It's quite simple. It is written in free form in the name of the person who made the decision.

But we definitely need to attach proof to the petition that the letter with the fine arrived by mail late, as a result of which the deadline for payment with a discount was missed. Such evidence may include:

an envelope stamped with the date of acceptance of the letter by mail or delivery to the correspondent,
notification from the post office about a registered letter - also with a date.

Only if you justify the lateness of the letter by the fact that you do not live at the registration address (old registration), then such a petition will be rejected, since formally this is not a valid reason for restoring the discount period.

This document itself is written in a standard way: a header - to whom and from whom, and the text itself.

(also in PDF format).
(also in PDF format).

Next, the completed application and the evidence attached to it must be sent by registered mail with a list of attachments.

Something else useful for you:

Is it possible and how can I get my money back for a traffic fine paid twice or canceled?
Is the warranty voided by law if the equipment is installed or serviced by someone other than a dealer?
How to appeal a fine for not allowing a pedestrian to pass? Form, sample and instructions