Russian administrative law gives the inspector of the traffic police, who caught the driver violating the traffic rules, the right not to draw up an official report of the violation. Instead, the police officer can immediately issue a punishment order.
However, the driver can challenge such a decision, says Victor Travin, chairman of the council of legal protection of car owners.
*This material was created by a person who has the status of a foreign agent in the Russian Federation.
The nuance in this case is that the standard form of the protocol has a “Rights Explained” column. The driver for whom this paper has been drawn up must sign in it.
She confirms that the police officer has informed the citizen – as required by administrative law – about his rights. And there is no such column on the decision form. Traffic police officers often argue that since there is no such column, no one needs to explain anything.
Indeed, such a column does not exist in the form of the decision on punishment, but it does not matter. The law says that the driver, when considering his case, must be explained his rights. And the driver’s receipt on a separate piece of paper stating that he understands this explanation must accompany the decision. If the fine is imposed without explaining the motorist’s rights, such a decision is certainly subject to revocation,” Travin explained.
- “Drive” can be read in Telegram
Source: Car radio