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Officials from the Moscow Administrative Roads Inspectorate (MADI) master the art of “deceiving themselves” when lawyers catch them by the hand for gross violations of car owners’ rights.
This wonderful story “spun” at the end of last year. A corporate owned SUV parked on the lawn on General Karbyshev Boulevard. This fact was captured using the PAK PM mobile application. The next is a matter of technology.
Based on this data, the MADI inspector imposed a fine of 300,000 rubles on the legal person who owns the car. Parking a car on the lawn is illegal, no questions will be asked. But in fact, it is also impossible to solve a violation with a “tablet” on which the PAK PM program is installed. The Supreme Court had a clear judgment on this a few years ago. Although such decisions are no empty phrase for MADI.
But this is “lyrical”. Most importantly, since no one can be fined on the basis of the PAH PM data, the fine imposed should lapse. Car lawyer Mikhail Nikitin, who took on the protection of the interests of the owner of the car, appealed the decision on the fine and sent the relevant papers both to the MADI and to the Khoroshevsky court of the capital. The Russian Code of Administrative Violations states that in the process of appeal against a fine, it is not necessary to pay it. It is understandable: suddenly the decision is cancelled.
In March 2022, the court upheld the fine, but the owner of the car turned to a higher court and continued the appeal process. And on 03/09/2022, the MADI received a corresponding notice (with a printout of the first page of the text of the new complaint, a receipt for shipment and a map of the court case) – under the sign of acceptance. But despite this, in violation of the law, this department of the Ministry of Transport of Moscow sent a request for enforcement of a fine to the Federal Judicial Officer (FSSP).
So on March 25, 2022, the Bank of Enforcement Procedures already had the relevant information. For some of its own – exceptionally unfinished – internal reasons, the FSSP did not recover part of the fine from the car owner until 28 October 2022 and blocked his current account – again, despite the pending appeal. Curiously, Attorney Nikitin drew the attention of even prosecutors to a blatant violation of the law – through the Attorney General’s Office website. In response, prosecutors found nothing smarter than referring his statement to MADI officials… to MADI itself (the USSR is returning, isn’t it?).
Which, by the way, violates paragraph 3.7 of the departmental instruction “On the procedure for processing applications and receiving citizens in the bodies of the prosecutor’s office of the Russian Federation.” It expressly forbids forwarding the complaint to the person about whom the complaint has been lodged for processing. MADI eventually sent the lawyer a flowery and bureaucratic reply in the ghost: “oh, but we didn’t know whether the higher court was considering the complaint or not.”
Well, if such a legal “kindergarten” was broadcast by a not very bright girl from a departmental call center. But no: such answers are handled by the head of the MADI Case Review Department EB Strigin. Obviously, absolutely any kind of bureaucracy, including the most absurd, can be expected from an organization called the “Case Review Department”. But not to the same extent as brutally spitting on the Code of Administrative Violations of the Russian Federation!
This wonderful story “spun” at the end of last year. A corporate owned SUV parked on the lawn on General Karbyshev Boulevard. This fact was captured using the PAK PM mobile application. The next is a matter of technology.
Based on this data, the MADI inspector imposed a fine of 300,000 rubles on the legal person who owns the car. Parking a car on the lawn is illegal, no questions will be asked. But in fact, it is also impossible to solve a violation with a “tablet” on which the PAK PM program is installed. The Supreme Court had a clear judgment on this a few years ago. Although such decisions are not empty phrases for MADI.
But this is “lyrical”. Most importantly, since no one can be fined on the basis of the PAH PM data, the fine imposed should lapse. Car lawyer Mikhail Nikitin, who took on the protection of the interests of the owner of the car, appealed the decision on the fine and sent the relevant papers both to the MADI and to the Khoroshevsky court of the capital. The Russian Code of Administrative Violations states that in the process of appeal against a fine, it is not necessary to pay it. It is understandable: suddenly the decision is cancelled.
In March 2022, the court upheld the fine, but the owner of the car turned to a higher court and continued the appeal process. And on 03/09/2022, the MADI received a corresponding notice (with a printout of the first page of the text of the new complaint, a receipt for shipment and a map of the court case) – under the sign of acceptance. But despite this, in violation of the law, this department of the Ministry of Transport of Moscow sent a request for the enforcement of a fine to the Federal Judicial Officer (FSSP).
So on March 25, 2022, the Bank of Enforcement Procedures already had the relevant information. For some of its own – exceptionally unfinished – internal reasons, the FSSP did not recover part of the fine from the car owner until 28 October 2022 and blocked his current account – again, despite the pending appeal. Curiously, Attorney Nikitin drew the attention of even prosecutors to a blatant violation of the law – through the Attorney General’s Office website. In response, prosecutors found nothing smarter than referring his statement to MADI officials… to MADI itself (the USSR is returning, isn’t it?).
Which, by the way, violates paragraph 3.7 of the departmental instruction “On the procedure for processing applications and receiving citizens in the bodies of the prosecutor’s office of the Russian Federation.” It expressly forbids forwarding the complaint to the person about whom the complaint has been lodged for processing. MADI eventually sent the lawyer a flowery and bureaucratic reply in the ghost: “oh, but we didn’t know whether the higher court was considering the complaint or not.”
Well, if such a legal “kindergarten” was broadcast by a not very bright girl from a departmental call center. But no: such answers are handled by the head of the MADI Case Review Department EB Strigin. Obviously, absolutely any kind of bureaucracy, including the most absurd, can be expected from an organization called the “Case Review Department”. But not to the same extent as brutally spitting on the Code of Administrative Violations of the Russian Federation!
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.
