The theory of everything. Theory of everything Article 12 5 point 8

To the Naberezhnye Chelny City Court

From Sokolov A.V.

423800, Naberezhnye Chelny,

A complaint

December 06, 2010 The magistrate of the court district No. 13 issued an order on bringing me to administrative responsibility in the form of deprivation of the right to drive a vehicle for a period of six months.
I disagree with the judge's decision, I consider it illegal and unfounded for the following reasons:

According to part 3 of article 12.5 of the Administrative Code of the Russian Federation, an administrative offense is Driving a vehicle on the front of which light devices with red lights or reflective devices of red color are installed, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the Admission of Vehicles to Operation and responsibilities of road safety officials

At the hearing, the court did not find out important, in my opinion, circumstances that give the right to believe that there was an administrative offense in my actions. To understand what is an administrative offense, you need to contact According to this provision (clause 11), the operation of vehicles is prohibited, if their technical condition and equipment do not meet the requirements of the List of faults and conditions under which the operation of vehicles is prohibited. The "Basic Provisions" do not provide for other inconsistencies.

Now, you should pay attention to “ List of faults and conditions under which the operation of vehicles is prohibited", Because The "Basic Provisions" have a direct link to the specified document. So, according to clause 3.1. The violation is as follows: Number, type, color, location and mode of operation of external lighting devices do not meet the requirements of the vehicle design. The essential requirements of the "Basic Provisions for Admission" is an indispensable feature - it is operating mode of external lighting devices do not meet the requirements of the vehicle design. As everyone knows, lamps have the same shape and appearance as compared to standard lamps. I bought marker lamps from a shop that sells spare parts for cars. Visually, the lamp does not look blue. This is an ordinary lamp. Regular shape for headlights. In this case, there is no change in the design of the vehicle, besides, I am not sure that my lamps emit light of a blue color, or rather, the police officers were mistaken when indicating the emitted light of the lamps, the court did not check the light of the lamps at all. I saw that the lights of my lamps were pure white.

Further, you should refer to the beginning of Article 12.5 Part 3 of the Administrative Code of the Russian Federation, according to the terms of which, a violation is a simultaneous combination of two grounds - this is the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the Admission of Vehicles to Operation.

Violations, according to individual requirements, in particular those related to the emitted light of the lamps, are provided for by another part of the article, namely 12.5 part 1 of the Code of Administrative Offenses of the Russian Federation. Thus, I believe that the court unlawfully applied Part 3. Article 12.5 of the Administrative Code of the Russian Federation. And also, despite this, not being specialists in establishing the reasons, the traffic police and the court, without conducting expert examinations, determined that the light of the lamps and the shape of the lamp did not respond The main provisions for the admission of vehicles to operation.

I have objections to the compilation of administrative material. The police officers and the court committed significant violations in the preparation of the administrative material and in the delivery of the court order.

The case contains two lamps as material evidence. However, I do not presume to establish that these lamps are mine. The attesting witnesses, whom the traffic police officers indicated, were questioned at the hearing; they explained that they had not been present when the lamps were removed. Accordingly, they could not confirm that the case file contains exactly the lamps that had been removed from my car.

To determine if the lamps meet the operating requirements, meet the requirements for light and vehicle design, it was necessary to involve specialists or conduct an examination, because the court is not such an expert. My objections are confirmed by the fact that in the reasoned part of the court decision there is no indication of technical information that served as a basis to believe that there is an administrative offense (there was a non-compliance with the requirements for admission to operation).

According to article 1.5. Administrative Code of the Russian Federation A person in respect of whom proceedings are underway in a case of an administrative offense shall be considered innocent until his guilt is proven in the manner prescribed by this Code and established by a decision of the judge, body, official that has considered the case, which has entered into legal force.

A person brought to administrative responsibility is not obliged to prove his innocence, with the exception of the cases provided for by the note to this article.

Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.

Based on the above, in accordance with Article 30.7 of the Administrative Code of the Russian Federation

New edition of Art. 12.5 Administrative Code of the Russian Federation

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions on the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 to 7 of this article -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

2. Driving a vehicle with a knowingly faulty braking system (except for the parking brake), steering or hitch (as part of a train) -

3. Driving a vehicle, on the front of which there are light devices with red lights or red reflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions on the admission of vehicles to operation and the duties of officials for ensuring road safety, -

shall entail the deprivation of the right to drive vehicles for a period from six months to one year with the confiscation of the said devices and devices.

3.1. Driving a vehicle on which glasses are installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of technical regulations on the safety of wheeled vehicles, -

shall entail the imposition of an administrative fine in the amount of five hundred rubles.

4. Driving a vehicle on which devices for giving special light or sound signals (except for burglar alarms) are installed without the appropriate permission -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years with the confiscation of the said devices.

4.1. Driving a vehicle on which the identification lamp of a passenger taxi or the identification sign "Disabled" is illegally -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles with the confiscation of the subject of the administrative offense.

5. The use of devices for the delivery of special light or sound signals (with the exception of burglar alarms), installed without the appropriate permission, while driving a vehicle -

shall entail deprivation of the right to drive vehicles for a period of one and a half to two years with the confiscation of the said devices.

6. Driving a vehicle, on the outer surfaces of which special color schemes of cars of operational services are illegally applied, -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years.

7. Driving a vehicle, on which the color scheme of a passenger taxi is illegally applied, -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles.

Commentary on Article 12.5 of the Administrative Code of the Russian Federation

1. The object of an administrative offense under this article is road safety, protection of life, health and property of citizens. The obligation to maintain vehicles in good technical condition rests with vehicle owners.

2. When qualifying an offense under Part 1 of Art. 12.5 it is necessary to establish which rules of the Basic Regulation on the admission of vehicles to operation are violated by the driver. Part 2 of this article talks about the rules related to the operation of the vehicle. Parts 3 - 6 of this article, entailing the deprivation of the right to drive a vehicle, were introduced by Federal Law of July 22, 2005 N 120-FZ.

It is prohibited to operate the vehicle in cases of leakage of the hydraulic brake drive; violations of the tightness of the pneumatic and pneumohydraulic brake drives; compressed air leaks from wheel brake chambers; the presence of a faulty pressure gauge for pneumatic or pneumohydraulic brake drives; failure to provide a parking brake system at a standstill; the presence of an inoperative device for fixing the position of the steering column; the presence of a faulty power steering or steering damper (for motorcycles), provided for by the design, or their absence.

3. The subject of the offense is the driver of the vehicle. The person at whose disposal the vehicle was allocated without being held responsible for its technical condition is not the subject of this offense. Bringing a person to administrative responsibility for releasing a technically faulty vehicle on the line is qualified by.

Another commentary on Art. 12.5 of the Code of Administrative Offenses of the Russian Federation

1. The object of the administrative offense provided for in this article is road traffic safety, protection of life, health and property of citizens.

According to Article 16 of the Federal Law of December 10, 1995 "On Road Traffic Safety", the technical condition and equipment of vehicles participating in road traffic must ensure road safety. The obligation to maintain vehicles participating in road traffic in a technically sound condition rests with vehicle owners or persons operating vehicles.

The main provisions on the admission of vehicles to operation and the obligations of persons to ensure road safety include a list of faults and conditions under which the operation of vehicles is prohibited. Methods for verifying the given parameters are regulated by GOST 25478-91 "Motor vehicles. Requirements for technical condition in terms of traffic safety. Verification methods".

2. From the objective point of view, this offense is manifested in the commission of specific actions expressed in driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited.

Part 1 of this article is blanket in nature. It generally refers to the Basic Provisions on the Admission of Vehicles to Operation and the Responsibilities of Officials to Ensure Road Safety.

The specific manifestations of the considered illegal action can be very diverse, in this regard, it is impossible to give an exhaustive list of them.

When qualifying an offense under Part 1 of Article 12.5, it is imperative to establish which rules of the Basic Regulation on the admission of vehicles to operation were violated by the guilty driver and how these violations were expressed.

Part 2 of this article (as opposed to part 1) speaks of a narrower range of rules related to the operation of transport. On the objective side, an offense is expressed in the commission of driving a vehicle with: knowingly faulty braking system (with the exception of the parking brake); knowingly faulty steering; knowingly faulty coupling device (as part of a train).

The offense has a formal structure.

3. The subjective side of the offense is characterized by guilt in the form of intent or negligence. The offense can be committed both through frivolity and negligence.

The sign of "knowingness" separates the unlawful act considered in part 2 from careless actions (delusion, etc.), which are qualified under part 1 of this article.

Awareness means: the driver knows and is aware that he is driving a vehicle with existing malfunctions that pose a real threat to the safety of traffic or operation. (For example, there are movements of parts and assemblies in the steering that are not provided for by the design; threaded connections are not tightened or fixed in the established way.)

The motives for driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited do not affect qualifications, but are taken into account when imposing an administrative penalty.

4. The subject of the offense is the driver of an individual vehicle. The actions of the owners or drivers of individual vehicles who have allowed another person to operate a technically faulty vehicle also form the composition of the considered administrative offense.

A person, at whose disposal a vehicle was allocated without making him responsible for its technical condition and operation, is not a subject of the offense in question.

Bringing a person to administrative responsibility for releasing a technically faulty vehicle on the line qualifies under Article 12.31 of the Administrative Code (see comment).

• Up

Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification sign "Disabled" is illegally installed

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions on the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 to 7 of this article -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

2. Driving a vehicle with a knowingly faulty braking system (except for the parking brake), steering or hitch (as part of a train) -

3. Driving a vehicle, on the front of which there are light devices with red lights or red reflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions on the admission of vehicles to operation and the duties of officials for ensuring road safety, -

shall entail the deprivation of the right to drive vehicles for a period from six months to one year with the confiscation of the said devices and devices.

3.1. Driving a vehicle on which glasses are installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of technical regulations on the safety of wheeled vehicles, -

shall entail the imposition of an administrative fine in the amount of five hundred rubles.

4. Driving a vehicle on which devices for giving special light or sound signals (except for burglar alarms) are installed without the appropriate permission -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years with the confiscation of the said devices.

4.1. Driving a vehicle on which the identification lamp of a passenger taxi or the identification sign "Disabled" is illegally -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles with the confiscation of the subject of the administrative offense.

5. The use of devices for the delivery of special light or sound signals (with the exception of burglar alarms), installed without the appropriate permission, while driving a vehicle -

shall entail deprivation of the right to drive vehicles for a period of one and a half to two years with the confiscation of the said devices.

6. Driving a vehicle, on the outer surfaces of which special color schemes of cars of operational services are illegally applied, -

ST 12.5 of the Administrative Code of the Russian Federation

Article 12.5. Driving in the presence of malfunctions or conditions under which the operation of vehicles is prohibited

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions on the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 to 7 of this article -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

2. Driving a vehicle with a knowingly faulty braking system (except for the parking brake), steering or hitch (as part of a train) -

3. Driving a vehicle, on the front of which there are light devices with red lights or red reflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions on the admission of vehicles to operation and the duties of officials for ensuring road safety, -

shall entail the deprivation of the right to drive vehicles for a period from six months to one year with the confiscation of the said devices and devices.

3.1. Driving a vehicle on which glasses are installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of technical regulations on the safety of wheeled vehicles, -

shall entail the imposition of an administrative fine in the amount of five hundred rubles.

4. Driving a vehicle on which devices for giving special light or sound signals (except for burglar alarms) are installed without the appropriate permission -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years with the confiscation of the said devices.

4.1. Driving a vehicle on which the identification lamp of a passenger taxi or the identification sign "Disabled" is illegally -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles with the confiscation of the subject of the administrative offense.

5. The use of devices for the delivery of special light or sound signals (with the exception of burglar alarms), installed without the appropriate permission, while driving a vehicle -

shall entail deprivation of the right to drive vehicles for a period of one and a half to two years with the confiscation of the said devices.

6. Driving a vehicle, on the outer surfaces of which special color schemes of cars of operational services are illegally applied, -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years.

7. Driving a vehicle, on which the color scheme of a passenger taxi is illegally applied, -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles.

Commentary on Art. 12.5 of the Code of Administrative Offenses of the Russian Federation

1. In Art. 16 of the Law on Road Traffic Safety stipulates that the technical condition and equipment of vehicles participating in road traffic must ensure road safety. The list of malfunctions and conditions in the presence of which the operation of vehicles is prohibited is given in the annex to the Basic Provisions for the Admission of Vehicles to Operation. Paragraph 2.3.1 of the Road Traffic Regulations stipulates that the driver is obliged to check and, on the way, ensure the good technical condition of the vehicle in accordance with the Basic Provisions on the Admission of Vehicles to Operation. The objective side of the composition of an administrative offense under Part 1 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation, is expressed in driving a vehicle in the presence of malfunctions or conditions set forth in the said document, with the exception of malfunctions and conditions indicated in parts 2-7 of the commented article.

12. Cases of administrative offenses provided for in parts 1, 2 and 3.1 of the commented article are considered by the head of the State Traffic Inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, and his deputy. Administrative offenses contained in parts 1 and 3.1 of the commented article 12.5 can also be considered by employees of the State Traffic Inspectorate with a special rank (Article 23.3 of the Administrative Code of the Russian Federation). Compositions of administrative offenses provided for by h. 3, 4 - 7 of Art. 12.5 of the Administrative Code of the Russian Federation, are considered by the judges ().

13. Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) ().

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions on the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 to 7 of this article -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

2. Driving a vehicle with a knowingly faulty braking system (except for the parking brake), steering or hitch (as part of a train) -

3. Driving a vehicle, on the front of which there are light devices with red lights or red reflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions on the admission of vehicles to operation and the duties of officials for ensuring road safety, -

shall entail the deprivation of the right to drive vehicles for a period from six months to one year with the confiscation of the said devices and devices.

3.1. Driving a vehicle on which glasses are installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of technical regulations on the safety of wheeled vehicles, -

shall entail the imposition of an administrative fine in the amount of five hundred rubles.

4. Driving a vehicle on which devices for giving special light or sound signals (except for burglar alarms) are installed without the appropriate permission -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years with the confiscation of the said devices.

4.1. Driving a vehicle on which the identification lamp of a passenger taxi or the identification sign "Disabled" is illegally -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles with the confiscation of the subject of the administrative offense.

5. The use of devices for the delivery of special light or sound signals (with the exception of burglar alarms), installed without the appropriate permission, while driving a vehicle -

shall entail deprivation of the right to drive vehicles for a period of one and a half to two years with the confiscation of the said devices.

6. Driving a vehicle, on the outer surfaces of which special color schemes of cars of operational services are illegally applied, -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years.

7. Driving a vehicle, on which the color scheme of a passenger taxi is illegally applied, -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles.

• Article 12.4. Violation of the rules for installing devices on a vehicle for supplying special light or sound signals, or illegal application of special color-graphic schemes of cars of operational services, color-graphic scheme of a passenger taxi, or illegal installation of an identification lamp of a passenger taxi or identification mark "Disabled"

Commentary on Art. 12.5 Administrative Code

1. The object of an administrative offense under this article is road safety, protection of life, health and property of citizens. The obligation to maintain vehicles in good technical condition rests with vehicle owners.

2. When qualifying an offense under Part 1 of Art. 12.5 it is necessary to establish which rules of the Basic Regulation on the admission of vehicles to operation are violated by the driver. Part 2 of this article talks about the rules related to the operation of the vehicle. Parts 3 - 6 of this article, entailing the deprivation of the right to drive a vehicle, were introduced by Federal Law of July 22, 2005 N 120-FZ.

It is prohibited to operate the vehicle in cases of leakage of the hydraulic brake drive; violations of the tightness of the pneumatic and pneumohydraulic brake drives; compressed air leaks from wheel brake chambers; the presence of a faulty pressure gauge for pneumatic or pneumohydraulic brake drives; failure to provide a parking brake system at a standstill; the presence of an inoperative device for fixing the position of the steering column; the presence of a faulty power steering or steering damper (for motorcycles), provided for by the design, or their absence.

3. The subject of the offense is the driver of the vehicle. The person at whose disposal a vehicle was allocated without being held liable for its technical condition is not the subject of this offense. Bringing a person to administrative responsibility for releasing a technically faulty vehicle onto the line is qualified under Art. 12.31 of the Administrative Code.

Judicial practice under article 12.5 of the Administrative Code

Determination of the Constitutional Court of the Russian Federation of February 27, 2018 N 541-О

1. In his complaint to the Constitutional Court of the Russian Federation, citizen P.V. Gavrilov disputes the constitutionality of part 6 of Article 12.5 of the Administrative Offenses Code of the Russian Federation, which establishes administrative responsibility for driving a vehicle, on the outer surfaces of which special color schemes of vehicles of operational services are illegally applied, as well as paragraph six of paragraph 11 of the Basic Provisions on the admission of vehicles to operation and duties of officials to ensure road safety (approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 "On Traffic Rules"), in accordance with which it is prohibited to operate vehicles equipped with the identification mark "Federal Security Service of the Russian Federation ", flashing beacons and (or) special sound signals, with special color-graphic schemes, inscriptions and designations applied on the outer surfaces that do not correspond to the state to the standards of the Russian Federation, without registration plates fixed in established places, having hidden, fake, changed numbers of units and assemblies or registration plates.

Resolution of the Supreme Court of the Russian Federation of 03/21/2018 N 18-AD18-20

Does not entail unconditional cancellation of the contested judicial acts by the applicant's reference to the complaint filed with the Supreme Court of the Russian Federation against judicial acts issued against A.A. Marukhno. in cases of administrative offenses provided for in Part 1 of Article 12.5, Part 2 of Article 12.2, since the conclusions of the courts set out in them do not have prejudicial significance for the consideration of this case.

Decision of the Supreme Court of the Russian Federation of 05.24.2018 N 67-ААД18-9

Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered in open court the complaint of Ilya Nikolaevich Parkchaikin, acting in the interests of Nazarov Etibar Ildyrym oglu, against the decision of the judge of the Novosibirsk Regional Court dated February 15, 2018 to return the complaint without consideration, made in the case on an administrative offense provided for in part 3.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation in relation to Nazarov Etibar Ildyrym oglu,

Resolution of the Supreme Court of the Russian Federation of 08/02/2018 N 20-AD18-7

Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of Tsidilov Said Akhmednabievich against the ruling of the magistrate of the judicial sector No. 8 of the Leninsky district of Makhachkala dated March 17, 2017, the decision of the judge of the Leninsky district court of Makhachkala dated May 18, which entered into legal force 2017 and the resolution of the acting the Chairman of the Supreme Court of the Republic of Dagestan dated November 10, 2017, issued against Tsidilov Said Akhmednabievich (hereinafter - Tsidilov S.A.) in the case of an administrative offense provided for in Part 4.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation,

Resolution of the Supreme Court of the Russian Federation of 08/01/2018 N 5-AD18-18

Judge of the Supreme Court of the Russian Federation V.P. Merkulov, having considered the complaint of the defender A.I. Minushkina, acting in the interests of Pavel Valerievich Gavrilov (taking into account the additions presented), against the decision of the magistrate of the judicial district N 98 of the Butyrsky district of Moscow that entered into legal force of May 18, 2017, the decision of the judge of the Ostankino District Court of Moscow dated July 11, 2017 and the decision of the Deputy Chairman of the Moscow City Court of November 23, 2017, issued against Pavel Valerievich Gavrilov (hereinafter - P.V. Gavrilov) in the case of an administrative offense provided for by part 6 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation,

Resolution of the Supreme Court of the Russian Federation of 08.20.2018 N 77-AD18-5

Judge of the Supreme Court of the Russian Federation V.P. Merkulov, having considered the complaint of the defender V.L. Neznaenko, acting in the interests of Valery Yuryevich Vorobyov, against the ruling of the magistrate of the judicial sector No. 14 of the Pravoberezhny judicial district of Lipetsk dated 11 September 2017 , the decision of the judge of the Pravoberezhny District Court of Lipetsk dated October 17, 2017 and the decision of the Chairman of the Lipetsk Regional Court dated January 12, 2018, issued against Valery Yuryevich Vorobyov (hereinafter - V.Yu. Vorobyov) in the case of an administrative offense provided for in Part 3 article 12.5 of the Code of Administrative Offenses of the Russian Federation,

Resolution of the Supreme Court of the Russian Federation of 04.10.2018 N 16-AD18-6

Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having examined the complaint of D.M. Soshina against the ruling of the magistrate of the judicial district N 89 of the Volgograd region of November 08, 2017, the decision of the judge of the Kirovsky district court of Volgograd of January 12, 2018 and the decision of the deputy chairman of the Volgograd regional court of May 18, 2018, issued against Soshin Dmitry Mikhailovich in the case of an administrative offense provided for by Part 3 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation,

Determination of the Constitutional Court of the Russian Federation of 25.10.2018 N 2528-О

As follows from the materials submitted, by the decision of the official of the traffic police body, upheld by the decision of the judge of the Kirovsky District Court of the city of Tomsk, the applicant was found guilty of committing an administrative offense, expressed in driving a vehicle in the presence of faults or conditions under which, in accordance with the Basic Provisions on the admission of vehicles to operation and the duties of officials to ensure road safety (approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090), the operation of a vehicle is prohibited (part 1 of Article 12.5 of the Administrative Code of the Russian Federation), and an administrative penalty was imposed on him in the form of an administrative fine in the amount of five hundred rubles. By the decision of the judge of the Tomsk Regional Court, the decision of the authorized official and the court decision were left unchanged, the applicant's complaint was not satisfied. As the courts established, the applicant was driving a car, the design of which had not been registered in accordance with the established procedure (instead of the front bumper, a metal structure protruding beyond the dimensions of the vehicle was installed, which was not provided by the manufacturer, a winch and metal structures were installed on the roof and rear of the car , also not provided by the manufacturer).

Decision of the Supreme Court of the Russian Federation of 08.11.2018 N 12-ААД18-1

By the resolution of the senior inspector of the DPS SB DPS GIBDD OR of the Ministry of Internal Affairs in the Republic of Mari El dated February 6, 2018 N 18810012180000382151 (hereinafter - the decision of the official dated February 6, 2018 N 18810012180000382151) V.V. was found guilty of committing an administrative offense under Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, and subjected to an administrative penalty in the form of an administrative fine in the amount of 500 rubles.

Resolution of the Supreme Court of the Russian Federation of 03.12.2018 N 13-AD18-2

Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of Alexei Mikhailovich Mikhailov against the decree of the deputy platoon commander of the 3rd company of the 2nd SB DPS of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Tambov Region dated March 31, 2018 N 18810068170001174990, the decision of the judge of the Leninsky District Court Tambov of April 19, 2018, the decision of the judge of the Tambov Regional Court of May 21, 2018 and the decision of the Deputy Chairman of the Tambov Regional Court of July 2, 2018, rendered against Mikhailov Alexey Mikhailovich (hereinafter - Mikhailov A.M.) in the case of an administrative offense provided for in Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation,

Determination of the Constitutional Court of the Russian Federation of 05/29/2019 N 1450-О

As follows from the materials presented, by the decisions of the official of the traffic police body, the applicant was brought to administrative responsibility for each of the administrative offenses committed, namely: for driving a vehicle on which glasses are installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements technical regulations on the safety of wheeled vehicles (part 3.1 of article 12.5 of the Code of Administrative Offenses of the Russian Federation), as well as for failure by the owner of the vehicle to insure his civil liability established by federal law (part 2 of article 12.37 of the Code of Administrative Offenses of the Russian Federation). Disagreeing with the rulings, the applicant appealed to the court of general jurisdiction with complaints, at the same time making a request to transfer these cases for consideration at his place of residence. The court ruling of the case of administrative offenses against K.The. Svetlov were united. By a court decision that entered into legal force, he was assigned an administrative penalty in the form of an administrative fine in the amount of eight hundred rubles for both administrative offenses. At the same time, the court indicated that in the materials of cases on administrative offenses there are motivated rulings on the refusal to satisfy applications for consideration of cases on administrative offenses at the place of residence of the applicant, there is no reason for the court to disagree with the conclusions indicated in them.