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The capital’s courts have resumed the practice of canceling fines issued using the infamous Moscow Assistant mobile application. Portal “AvtoVzglyad” provides details. Recently, Moscow lawyers who specialize in
Recently, Moscow lawyers who specialize in administrative cases against motorists have begun to notice that amazing things are happening in the capital’s courts. City of Themis began to revoke the decisions on fines issued on the basis of materials from the so-called Moscow Assistant Hardware and Software Systems (PAK PM).
To be surprised, like the editors of the AvtoVzglyad portal, we must not forget that the courts made such decisions only in the fall of last year, based on the decision of the Plenum of the Supreme Court of the Russian Federation No. 20, adopted in the spring of 2020. It explained that the PAH PM cannot be classified as a technical means operating in automatic mode, as it cannot function without human intervention. And thus the fine decisions, drawn up on the basis of material from the PAK PM, are illegal.
Recall that this PAK PM is nothing more than an application for a mobile phone or tablet developed by the Ministry of Transport of Moscow. Inspectors of the MADI of the capital walk the streets with phones on which this application is installed, taking photos at their discretion of cars that violate the rules of parking and stopping, as well as those that, according to MADI, park on the lawn.
As a rule, most “lawn” violations come down to a person parking a car and accidentally driving a wheel on a curb or unpaved piece of land rammed in front of it by thousands of cars, which, according to cadastral documents, is listed as a “lawn”. Under Article 8.25 of the Code of Administrative Offenses of Moscow, the car owner is entitled to a fine of 5,000 rubles for this. In the event that the car is owned by a legal person, the fine is increased to 300,000 rubles.
The remaining parking violations are prescribed in the Federal Code of Administrative Violations – for every 3,000 rubles (for Moscow and St. Petersburg) and 5,000 for parking in a “disabled” place. So: until September 2021, it was possible for the courts of the capital to cancel almost all fines distributed through the “Assistant of Moscow”. And then how it broke.
The judges at the same time sharply and suspiciously forgot the existence of the explanation of the Plenum of the Supreme Court and stopped withdrawing the fines from the PAK PM. However, since April 2022, they have again seen the light, as if by magic, en masse and have returned to normal legal practice, which the Moscow aide does not consider a means of automatically (without the participation of a person) solving violations.
Consequently, the evidence gathered with his help is again considered null and void. Almost a dozen such fines by MADI are already known for certain, which have recently been withdrawn through court. Automobile lawyer Mikhail Nikitin links this phenomenon to the city government’s attempt to stop angering citizens who are already struggling under economic sanctions imposed by the West after the well-known Ukrainian events began.
It is not for nothing that some time ago the mayor of Moscow, Sergei Sobyanin, by special decree revoked the stupid “coronavirus” fines with which the city authorities have been trying to “crush” the townspeople in recent years. It’s possible that the judges also received the right kind of tacit instruction from their superiors regarding the MADI’s lawless fines.
So, if you recently received a “letter of luck”, in the text of which the hardware-software complex “Moscow Assistant” (PAK PM) appears, download the complaint template on the Internet about the cancellation of the fine, fill it out and send it by mail to your local court. Most likely it will be paid and you will save a nice amount on paying a fine decision for violations.
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Recently, Moscow lawyers who specialize in administrative cases against motorists have begun to notice that amazing things are happening in the capital’s courts. City of Themis began to revoke the decisions on fines issued on the basis of materials from the so-called Moscow Assistant Hardware and Software Systems (PAK PM).
To be surprised, like the editors of the AvtoVzglyad portal, we must not forget that the courts made such decisions only in the fall of last year, based on the decision of the Plenum of the Supreme Court of the Russian Federation No. 20, adopted in the spring of 2020. It explained that the PAH PM cannot be classified as a technical means operating in automatic mode, as it cannot function without human intervention. And thus the fine decisions, drawn up on the basis of material from the PAK PM, are illegal.
Recall that this PAK PM is nothing more than an application for a mobile phone or tablet developed by the Ministry of Transport of Moscow. Inspectors of the MADI of the capital walk the streets with phones on which this application is installed, taking photos at their discretion of cars that violate the rules of parking and stopping, as well as those that, according to MADI, park on the lawn.
As a rule, most “lawn” violations come down to a person parking a car and accidentally driving a wheel on a curb or unpaved piece of land rammed in front of it by thousands of cars, which, according to cadastral documents, is listed as a “lawn”. Under Article 8.25 of the Code of Administrative Offenses of Moscow, the car owner is entitled to a fine of 5,000 rubles for this. In the event that the car is owned by a legal person, the fine is increased to 300,000 rubles.
The remaining parking violations are prescribed in the Federal Code of Administrative Violations – for every 3,000 rubles (for Moscow and St. Petersburg) and 5,000 for parking in a “disabled” place. So: until September 2021, it was possible for the courts of the capital to cancel almost all fines distributed through the “Assistant of Moscow”. And then how it broke.
The judges at the same time sharply and suspiciously forgot the existence of the explanation of the Plenum of the Supreme Court and stopped withdrawing the fines from the PAK PM. However, since April 2022, they have again seen the light, as if by magic, en masse and have returned to normal legal practice, which the Moscow aide does not consider a means of automatically (without the participation of a person) solving violations.
Consequently, the evidence gathered with his help is again considered null and void. Almost a dozen such fines by MADI are already known for certain, which have recently been withdrawn through court. Automobile lawyer Mikhail Nikitin links this phenomenon to the city government’s attempt to stop angering citizens who are already struggling under economic sanctions imposed by the West after the well-known Ukrainian events began.
It is not for nothing that some time ago the mayor of Moscow, Sergei Sobyanin, by special decree revoked the stupid “coronavirus” fines with which the city authorities have been trying to “crush” the townspeople in recent years. It’s possible that the judges also received the right kind of tacit instruction from their superiors regarding the MADI’s lawless fines.
So, if you recently received a “letter of luck”, in the text of which the hardware-software complex “Moscow Assistant” (PAK PM) appears, download the complaint template on the Internet about the cancellation of the fine, fill it out and send it by mail to your local court. Most likely it will be paid and you will save a nice amount on paying a fine decision for violations.
SUBSCRIBE FOR EXCLUSIVE CONTENT
PORTAL “AVTOVGLYAD” IN TELEGRAM
Source: Avto Vzglyad
I’m Sandra Torres, a passionate journalist and content creator. My specialty lies in covering the latest gadgets, trends and tech news for Div Bracket. With over 5 years of experience as a professional writer, I have built up an impressive portfolio of published works that showcase my expertise in this field.
