Supreme Court Draft Clarifies Handling of Unpaid Administrative Fines

Overview

• The Plenum published a draft resolution on Article 20.25 cases with detailed guidance that has been sent to the editorial commission for revision and has not taken effect.
• Cases over failure to pay a fine, including fines originally imposed by an arbitration court, are to be heard by courts of general jurisdiction, and proceedings against legal entities may go forward without their representative if properly notified.
• Administrative arrest is not applied to legal entities, which face only a fine that can reach twice the unpaid amount, and for violations recorded by automated cameras arrest is unavailable and cases must be heard within two months of a judge receiving materials.
• Courts are told to consider fault excluded in circumstances such as prolonged hospitalization, presence in an emergency zone, or incorrect or unreadable payment details, and a freeze on accounts may excuse non-payment only if the person sought to lift the freeze or secure deferral or installment terms.
• Judges may reduce penalties below statutory minimums in exceptional cases with floors of 10,000 rubles for individuals, 50,000 for officials, and 100,000 for legal entities and not below half the minimum, and a case may be closed as minor when payment details caused the delay and the fine was paid before the non-payment protocol.