Is it even necessary to give up the loan in the event of deprivation?
Not at all. But the only option is to write a statement about the loss of rights. In this case, of course, you cannot drive with an old driver’s license. If you haven’t lost it, then you definitely need to return it, and do it correctly.
By the way, if you suddenly decide to cheat and, having written a statement to the traffic police about the loss, continue to drive with this license, then keep in mind that in this case your period of deprivation of rights will be postponed to the date when the traffic police inspector who will stop and you show him the “lost” license, it will detect it.
This is what the Supreme Court stated in its recent Plenum Resolution:
At the same time, if a person has declared the loss of the relevant certificate, and then actually continued to use it when driving a vehicle, which is confirmed by the fact that this certificate was confiscated, the period of deprivation of the right to drive vehicles is considered interrupted and the continuation of the calculation of the interrupted period is carried out from the date of confiscation a person with the appropriate identification.
For example, you were deprived of the right to drive on January 1, 2021 for six months. But instead of surrendering your license after deprivation, you wrote a statement about the loss and continued driving. On March 1, 2021, you were stopped by a traffic police officer, you showed him this. However, he hit the base that you are deprived of. In this case, the duration of the punishment is interrupted and begins again on March 1. Thus, it will end not on July 1, but on October 27, 2021 (we do not take into account 3 days, since the interruption of the period of deprivation in any case does not include these 3 days - part 1.1. Article 32.7 of the Administrative Code).
The process of returning rights after deprivation
Those who have been deprived of their license for the first time are interested in the question of the procedure for returning and issuing a driver’s license after deprivation. Now we will try to give you a detailed answer to all your questions. After the court has made a decision and you have not appealed it, you need to submit your driver’s license to the local traffic police department within three days.
Within three working days from the date of entry into force of the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right, a person deprived of a special right must submit the documents provided for in parts 1 - 3.1 of Article 32.6 of this Code to the body executing this type of administrative penalty , and in case of loss of these documents, report this to the specified authority within the same period.
Part 1.1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation
If you had a temporary permit to drive a vehicle, then hand it over too, otherwise the period of deprivation will not begin. You should not shy away from submitting your certificate, as you will extend your own sentence.
If a person deprived of a special right evades submitting the relevant certificate (special permit) or other documents, the period of deprivation of the special right is interrupted. The course of the interrupted period of deprivation of a special right continues from the day the person surrenders or withdraws from him the corresponding certificate (special permit) or other documents, as well as the receipt by the body executing this type of administrative punishment of the person’s statement about the loss of these documents.
Part 2 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation
After delivery, you will be given a document confirming the fact that the certificate was handed over to the inspector. In court, after the sentence has been imposed, you must take a copy of the decision.
First, calculate the end date of the sentence imposed. To do this, you don’t need to know higher mathematics, everything is simple: the date of receipt of a copy of the court order, add 10 days to it for appeal and add the sentence itself. Having calculated the date, remember it, since the next day you can safely go for your license.
However, before you take away your license, you need to collect a package of documents and prepare for the exam, refreshing your memory of traffic rules.
List of necessary documents to restore a driver's license after deprivation:
- Passport of a citizen of the Russian Federation or other identification document.
- A copy of the court order.
- A document confirming the fact of passing a driver's license.
- A valid medical certificate (optional!).
Why is it not necessary to provide a medical certificate?
There is a very interesting decision of the Supreme Court of the Russian Federation dated April 11, 2013 N AKPI13-228
For those who don’t want to read it, here are some short excerpts:
Therefore, the return of valid driver's licenses to persons whose driving license has expired must be made without them providing a medical certificate
Declare invalid from the date the court decision comes into force paragraph 42 of the Rules for passing qualification exams and issuing driver’s licenses, approved by Decree of the Government of the Russian Federation of December 15, 1999 N 1396.
Supreme Court decision AKPI13-228
It turns out that when you return your license, you will not need a medical certificate. But in practice, traffic police officers demand it and it will be possible to argue with them only in court.
However, for those who have been deprived of their rights under articles: parts 1 and 4 of article 12.8, part 1 of article 12.26 and part 3 of article 12.27, a medical certificate is required, and it is also needed for those who have been deprived of the right to drive a vehicle under parts 2, 4 and 6 Article 264 of the Criminal Code of the Russian Federation.
4. Upon expiration of the period for deprivation of a special right, documents confiscated from a person subjected to this type of administrative punishment are subject to return, except for the cases provided for in part 4.1 of this article.
4.1. After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license seized from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules and after payment in accordance with the established procedure of administrative fines imposed on him for administrative offenses in the field of road traffic, and for the commission of administrative offenses provided for in parts 1 and 4 of Article 12.8, part 1 of Article 12.26 and part 3 of Article 12.27 of this Code, also a medical examination of this person for presence of medical contraindications to driving.
Parts 4 and 4.1 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation
Where should I submit my license?
After deprivation of a driver's license, you must submit it to the traffic police. The court indicates which division. You cannot simply hand them over at your place of residence (registration), if it does not coincide with the place of the violation.
This is stated in Article 32.5 of the Administrative Code:
1. A judge’s decision on deprivation of the right to drive a vehicle, with the exception of a tractor, self-propelled machine and other types of equipment, is executed by officials of the internal affairs bodies.
Look in the operative part (at the very bottom) of the decision on sentencing - the traffic police department authorized to carry out the punishment should be indicated there.
If it is not written in the resolution?
In this case, you still don’t need to simply take your driver’s license to your registration address. You have 2 options:
- surrender your license after deprivation to the traffic police at the place where the decision was made (to the traffic police in the area where the court imposed the punishment),
- contact the court for clarification.
A more optimal option is the second one. But in no case do not hand over your driver’s license at your registration address or where it is simply convenient for you, if these addresses are different from the place of deprivation. In this case, there is a high probability that the traffic police department in question (at the place where the violation was committed) will not have information about the surrender, and there will be problems with the period of deprivation.
If you lost your phone?
Then you need to write a statement about the loss - to the same traffic police department, which is authorized to carry out this type of punishment. If such a statement is not written, the period of deprivation will be interrupted.
Issuance of rights after deprivation
You already know for sure that you have paid all the fines and the period of deprivation of your license has expired - where can you pick up your license? Let's go back a little to the beginning and remember where we handed over our driver's license. That's right: to the traffic police department at your place of registration. It follows that you will have to pick them up from there.
More information about the categories of the new Russian driver's license in 2021 can be found here.
Is it necessary to retake the traffic rules after the deprivation of rights at the end of the period? Yes, you won’t be able to just come and get it, since now it is mandatory to pass a second knowledge test regarding the Traffic Rules. That is, you do not have to get behind the wheel again and take the practical test; all you are required to do is have excellent knowledge of the theory.
If the exam was failed, then retaking the exam after deprivation of rights is possible only after 7 days, so you should prepare in advance. After the documents have been submitted and the exams have been passed, you must be issued a driver's license after revocation. As a rule, the entire process takes 1 day, but depending on the efficiency of the employees, the issuance may take a little longer.
How to give it away correctly?
When handing over your license, you must have proof of this. Most often, when accepted into the traffic police, you:
- or put a mark of acceptance in the second copy of your application if you submit it in writing,
- or they give an act of transfer of a driver’s license (the name of the document is not regulated by the legislation of 2021, and therefore it may be different, but the essence does not change).
Be sure to make sure that you have a document confirming the delivery of your driver's license with a stamp and signature of a traffic police officer. Otherwise, when you receive a license at the end of the period of deprivation, you may be in for a surprise with an interrupted period of deprivation.
Rights in another city after deprivation
After deprivation of rights, they could remain in another city for a variety of reasons. The most common of them is a trip, respectively, to another city or region and a violation there. In this case, the case of deprivation is considered at the place of the offense, and we often surrender our license out of ignorance (it is possible to surrender it in our region) or in order not to waste time during the period of deprivation in the same other city.
But how can you pick up your license after deprivation, if they are now in another city, but it is not possible to go there and there is no desire to go to another city, being without a license? In fact, it is better to address this issue as early as possible - at least a month or two before obtaining your license. The point here is that your license can be sent to you from another city to yours and you can pick it up at the nearest traffic police department, where you will demand to send it.
As you can see, everything is quite simple! The only problem is the loss of time. If you asked yourself the question of how to take back your license if it was handed over in another city right at the very end of the period of deprivation, then you will have to wait - first until your letter with the application arrives in the city where your rights are located, and then until your rights send a similar letter to your city.
Deprivation of rights in another region (read more...)
The petition must be considered by the court. The judge will decide on his own whether to satisfy him or not. Postponement of a court hearing due to the absence of a lawyer will definitely not be satisfied. Don't even bother. In such processes, the participation of a lawyer is not necessary. Regarding the transfer of residence (registration), there is a possibility that the application will be granted. I hope my answer was useful to you. Don’t forget to leave reviews—this affects the lawyer’s rating.
Of course, you can file a petition for adjournment (Article 24.4 of the Code of Administrative Offenses of the Russian Federation), but given that the period is 2 months, the court is unlikely to agree to this. After all, you can hire a representative to defend your interests. There is no obligation to transfer. This is at the discretion of the court.
Deprivation of rights in another region
Well, with a lawyer he can still satisfy and postpone it for a week. And when filing a petition for consideration at the place of residence, the period will be suspended. And it will begin to flow again from the moment the case is accepted by the court at the place of residence.
1. You have, with a request to refer the case to jurisdiction. Provided that she does not simultaneously file, in addition to the demand for deprivation of your parental rights, also a claim for the recovery of alimony from you - in this case, as the Supreme Court of the Russian Federation explained, the case can also be considered at her place of residence. • Article 28 of the Code of Civil Procedure of the Russian Federation, subparagraph 1 of paragraph 2 of Article 33 of the Code of Civil Procedure of the Russian Federation.
Important note!
- This article provides basic information, but each case is different.
- In 92% of all situations there are important nuances that can affect the outcome of the entire case.
- An experienced lawyer will study all the materials of the case and indicate in which direction to move.
Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.
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