Grounds for refund of state duty
The traffic police is a government organization that provides a wide range of services: registration of vehicles, recycling, obtaining driver's licenses, replacement of documents, etc. With each application, citizens are required to pay a state fee, otherwise the service will not be provided.
It often happens that people have to return the state duty.
- An excess amount has been paid. For example, if by law you need to pay 350 rubles, but a person mistakenly entered 550 rubles. or another figure, an amount exceeding the established amount can be returned.
- If the provision of a public service was refused by decision of an authorized traffic police officer.
- If the citizen himself first paid the state fee and then refused to receive a government service.
Other situations may arise in which you have to contact the traffic police for a fee refund. It should be taken into account that when it comes to state fees for the court, documents are submitted to the Federal Tax Service. In other cases, they need to be sent to the road inspection - a government agency directly involved in the provision of services.
How to return the state duty to the traffic police: step-by-step instructions
Add to favorites Read (2 answers) 2 answers to a question from lawyers 9111.ru Good afternoon, dear visitor! In this case, of course, the duty will be valid. All the best, I wish you good luck in resolving your issue! Good day, dear visitor. Of course, you should at least look at the KBK - if they were the same, then the payment would have gone through. Good luck in resolving your issue. I am a VBD in Afg. Am I exempt from paying state duty to the State Traffic Safety Inspectorate, if so, which law should I refer to when applying, thank you. Add to favorites Read (4 answers) My husband needs to get a driver’s license from the traffic police. I paid the state fee on the government services portal. But the receipt that arrived contains my full name. Will my husband accept such a receipt? Add to favorites Read (1 answer) We paid the state fee for taking the exam at the traffic police, passed the medical examination, collecting all the necessary documents. Here are some reasons why this might happen:
- If the deadline for filing an application established by the legislation of the Russian Federation has passed.
- If the information provided in the application is not true.
- If the receipt provided as evidence of an incorrect payment is damaged or unreadable. In this case, it makes sense to ask the organization that issued the check to duplicate it.
You need to check everything carefully before returning the state fee for your license to the traffic police. Conclusion The conclusion from all of the above is the following - payment of the state duty, as well as traffic police fines, is an extremely simplified procedure for the car owner.
Personally at the traffic police
A personal visit to the traffic police is the easiest, but time-consuming way. It is good because if questions and problems arise during the preparation of documents, traffic police inspectors usually provide citizens with advice.
The disadvantage of visiting on your own is the time it takes: you will have to get to the department, then take a ticket at the terminal and wait your turn. This can take from 30 minutes to 2-3 hours depending on the workload of the department.
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An alternative option is to make an appointment with the inspectorate in advance through the State Services portal or on the department’s website itself. In this case, it is enough to arrive at the appointed time, get a ticket, wait no more than 5-10 minutes and go to the appropriate window to submit documents to the inspector.
The step-by-step algorithm for returning is quite simple:
- Collect a complete package of documents.
- Download the application and fill it out according to the established template.
- Submit the application and documents to the traffic police officer.
- Wait until the review is completed. Government agencies have up to 1 month to refund the state duty.
Money is always returned by bank transfer using the bank details provided by the applicants.
How to fill out an application?
- name and address of the traffic police;
- passport details;
- phone number;
- email address for sending a response (optional);
- reason for the return (be sure to refer to Article 333.40 of the Tax Code of the Russian Federation, which gives you the right to return the money);
- the exact amount to be refunded, including kopecks;
- bank account details where the money should be transferred;
- date and signature.
After submitting the application, in response, the traffic police officer will issue you a notification, which will contain information about him: full name, position, rank. This notification must be kept: if your money is not returned, it will serve as proof of the appeal in the future.
Documents required for return through Sberbank
Refunds are allowed only if the payer has all the necessary documentation in hand. First of all, this concerns the drafted statement, which describes the key points in detail.
Important! The applicant’s positive outcome directly depends on the described circumstances of what happened (the validity of the drawn up claim), which is why the literacy of the document should be maximum.
It is possible to indicate several reasons on which the transferred money can be legally returned through Sberbank, a payment terminal or in another way.
READ Payment for school meals through Sberbank Online using your phone
In 2021, PJSC Sberbank of Russia is connected to the GIS GMP system (Gosinformsistema on state and municipal payments), which is why, when submitting an application to the government department where it was planned to receive the service, there is no need to provide:
- receipt of payment of state duty;
- other payment documents confirming the transfer of funds.
Those. only an application is required.
If the fee is not returned on time
If you sent an appeal, but did not receive a response and the money is not transferred either, a penalty begins to accrue.
where SV is the amount to be returned, KDP is the number of days of delay, SR Central Bank is the refinancing rate of the Central Bank.
Let's look at a practical example:
The citizen mistakenly paid an excess of 500 rubles, submitted documents for a refund, but did not receive a response. The number of days overdue at the time of calculation is 20.
If the state duty is not returned to you in a timely manner, you can appeal the inaction of the traffic police officers through a higher-ranking head of the department.
- Prepare documents, including a notice of acceptance of the application from the inspector, if you submitted it in person. If the application was sent through the traffic police service, you will need a notification of its registration - it is always sent to an email address.
- Submit a complaint along with other documents for consideration.
- Wait for a response – it will arrive within 1 month.
If the fault is really with the department, the money will be transferred to you as soon as possible. If the complaint is refused, an official response will be sent from the traffic police explaining the reasons. If you disagree with them, you can appeal the refusal in court.
When will the state duty not be refunded?
Refund of state fees may be refused in several situations:
- The deadline for submitting documents has been missed - 3 years. As mentioned earlier, in this case it will have to be restored first, and only after that will the money be returned.
- There were serious errors in the application: the name or address of the department was incorrectly indicated, reliable personal data was missing, and bank details were entered incorrectly.
- Lack of evidence of payment of state duty. If you made a payment through a bank cash desk, you need to save the receipt. If the operation was performed through your personal bank account online, you can find it in the history and print the receipt yourself.
- An unauthorized person contacts the traffic police. If a person who wants to return the money cannot submit documents on his own, he can do this through a legal representative by proxy. If there is no power of attorney, the inspector will refuse admission.
There may be other reasons - they are always indicated in a written notification from the traffic police. If your refund is denied, you can eliminate the reason and submit the documents again.
The fee is a mandatory government fee for providing assistance in matters of various nature: registering property rights, obtaining a driver’s license or a new category, sending for recycling. It is paid through the government services portal, through special terminals in banks, and at traffic inspection offices.
Sometimes people make mistakes during the payment process and decide to refuse the service.
Let's find out how to return the state duty if the traffic police did not use it.
In what cases will you not be able to get your money back?
There are several situations when you will not be able to exercise your right to a refund of the paid state duty.
- If the return application was drawn up in violation of legal requirements or with an error in personal data. Therefore, carefully check the name and name of the body where you are sending the data.
- The person who is trying to return money for the state fee is not a potential or actual recipient of the service. For example, you paid a fee for registering a contract for the sale and purchase of a car. Then they decided to refuse the sale, but transferred the right of return to the buyer. He is trying to get the money back for the fee. The traffic police will refuse to return it because the rule regarding the applicant has not been followed.
- You do not provide the fact of payment of the state fee. If you do not have a receipt that confirms the fact that you transferred money to the traffic police, then your attempt to return the funds will fail. It is not the responsibility of the employees to analyze and search specifically for your payment among thousands of similar ones received daily in the centralized database. Therefore, the best way is to never throw away receipts for state fees. At least in the first three years after receiving the service.
- If you have changed your registration information and full name, then most likely the fee refund process will drag on and it is unlikely that a positive decision will come out in your favor.
If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
The return of the state duty from the traffic police occurs quickly in three cases - if you decide to refuse the service, the traffic police did not carry out the service, or you paid more. The remaining options are a long and cumbersome process. Therefore, we recommend that you be more careful in such situations and do not transfer money until you are completely sure of the recipient and the name of the service. Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages. Anyone may need to pay a state fee, including drivers. But it’s one thing to pay for it, and another thing to return it. After all, it happens that a person pays the fee incorrectly, for example, he enters the wrong number or letter by mistake, or pays much more than required. Also, a person may simply not use the service for which he has paid a fee in advance. What to do in this case? Is it possible and how to return the state traffic police duty?
Refund
Expert opinion
Kuzmin Ivan Timofeevich
Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.
How to return payment of the state duty to the traffic police through the government service website if the car owner made mistakes during the transfer or sent it to the wrong address.
To return the money paid for the tax, an application letter is drawn up. The statute of limitations for refunding money is 3 years from the date of payment.
When it comes to overpayment, the money is transferred within a month. The application is submitted to the authorized body, as a rule, this is the traffic police or the tax office, if the matter concerns judicial issues.
Each branch has its own details, so you should contact the office where the payment was addressed.
In addition to the main document, the following documents are submitted:
- original receipt and its copy;
- photocopy of the first and second pages of an identity document (passport);
- duplicate taxpayer identification number;
- a court order confirmed by a notary office;
- The protocol on the fact of an administrative offense is a duplicate.
To return an erroneous or overpaid fee, a copy of the document stating the fact of the payment is attached to the letter.
If a person wants to get his money back for payment in court cases, a certificate or a court decision is added to the application, on the basis of which it is concluded that a full or partial refund must be made.
There is no special template or rules for drawing up an application; however, the law allows entities to make their own amendments and terms of registration. The document indicates the payer's full name, passport details, residential address, the reason why the money should be returned, and the bank account number where the payment should be sent.
- On the standard sheet in the upper right corner it is indicated to whom the application is being sent - department, full name and from whom - passport details, telephone number.
- The word statement is written in the center with a small letter.
- The body of the letter explains all the reasons for the duty refund.
- The data from the receipt is indicated - when the payment was made, check details.
- Payment amount accurate to kopecks.
- A request is made to return the money to a specific bank account.
- The date, signature and transcript are written below.
The application is submitted to the appropriate department. The official must accept the document, indicating on it the date, his signature and transcript.
Send a letter by Russian Post with a description of the attachment. When the letter is delivered to the recipient, the sender receives a notification. This is a kind of proof that the document was sent with an important message.
When money is not returned from the treasury on time, a person receives compensation for this in the form of interest.
Calculation - the amount of the fee is multiplied by the n-number of days of delay and by a factor of 1/300 = the total amount payable.
When the state duty cannot be returned, it may be useful in the future. This function is valid for 36 months from the date of payment. When registering a car or obtaining a new category of license, provide your old receipt.
If the payer entered the details incorrectly and the money went to an unauthorized person, you should immediately call the bank. Usually there are 24 hours to resolve such an issue.
How to transfer paid state duty to the account of another traffic police department
The procedure for returning the amount of overpaid (collected) duty must be completed no more than 1 month in advance.
The period for the return procedure begins from the day the return application is submitted. List of actions necessary to carry out the return procedure Step one - drawing up an application; Step two is to attach financial documents confirming payment of the fee to the previously written application; Step three – submitting an application (with attached financial documents) to the traffic police department where it was planned to replace the driver’s license; Important: remember that the period during which you can submit such an application, from the date of payment of the fee, is three years, the period for the return procedure is one month, and the money itself will be returned to the account of the person submitting such an application. Article 2 This Federal Law comes into force on January 1, 2015. I believe that despite the fact that you are studying in two categories, you will receive the same license, the rules are the same, therefore, you need to pay the fee once. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
Hello, I didn’t pass the theory test in the traffic police 1st time, category B. I need to pay the state fee again. Add to favorites Read (2 answers) 2 answers to a question from lawyers 9111.ru Hello! If you have not passed the theory exam at the traffic police, then when you retake it you will again have to pay the state fee. duty. Hello Hello, I did not pass the theory in the traffic police 1st time, category B. I need to pay the state fee again Yes, I will need to pay it again. When registering on the State Services website and submitting an application through this service, the state fee is paid with a 30% discount and will be 1,400 rubles. Do I have to pay the state fee for the exam in the traffic police after losing my license? Add to favorites Read (1 answer) The state duty was paid in one region (State Traffic Safety Examination), is it valid in another region. Add to favorites Read (1 answer) 1 answer to a question from lawyers 9111.ru Each authority has its own accounting authority (tax, treasury) In order for the receipt to be valid in another region, you need to contact the tax authority to transfer the money paid to another region, or for a refund of the money paid and self-payment in another region. Do I need to pay a state fee for transferring to the traffic police at the autodrome 600 rubles. Add to favorites Read (1 answer) 1 answer to a question from lawyers 9111.ru Hello. “>
Through the State Traffic Inspectorate portal
You can submit an application during a personal visit to the State Traffic Inspectorate office or on the traffic police website in the “Accepting applications” tab.
Scans of documents are added to the electronic application: passport, taxpayer identification number, duplicate of the check. It is important to indicate your full name, email and postal address, and the reason for your request. If something is not specified, the application may not be answered. Usually you receive a notification that your letter has been delivered. The response will be sent within 10 days.
Your application will be considered for about a month, after which you will receive a response by email.
Application for refund of state duty to the traffic police - sample.
residing at the address: Moscow, st.
passport details (series, number, who issued it, when)
In connection with the transfer of funds above the established norm, I ask you to return part of the payment aimed at the state fee in the amount of 5,000 rubles. 00 kop.
All photocopies of documents are attached: passport 1-2 pages, TIN, payment receipt.
Expert opinion
Kuzmin Ivan Timofeevich
Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.
Please transfer funds using the following details: indicate the bank branch, current account, BIC (you can request a printout of the details from the bank).
The form can be filled out by hand or on a computer. It is important that there are no blots, changes, or pencil inscriptions.
Based on the Tax Code of the Russian Federation, if a driver changes his mind about changing his driver’s license, he has the right to receive back the money transferred to the account of government authorities.
The money will be refunded in part or returned in full, but this is possible before the car owner has submitted his request to the appropriate department.
Also, for a full refund, the original documents are attached, and for a partial refund, copies are sufficient.
Required documents
If a citizen wants to return the state duty to the traffic police, he will have to prepare a package of documents. The list should include:
- Application for refund of overpaid amount to the traffic police. It must be written by hand. The document will need to indicate the reason for the excessive payment or excessive collection of funds. Additionally, the applicant’s personal data and details to which the transfer will be made in the future must be specified. There is no single application template. He can be his own in every department. However, filling out the document is carried out in accordance with the general rules of office work.
- Receipts or other payment documents. Necessary to confirm the fact of an erroneous transfer of funds.
- Passport. A copy of the document is provided. You will need a page with personal data and registration.
- A decision made on the fact of an administrative violation, if any. A copy of the document is required.
- A court decision that has entered into legal force. It is necessary if the return of the state duty to the traffic police is carried out on its basis. A notarized copy of the document will be required.
- Documented details for transferring funds. Usually you need to provide bank card details or provide a copy of your passbook.
Through State Services
The State Services portal has simplified life, because on it you can make an appointment with a doctor, apply for vehicle registration, obtain a license, and pay the state fee.
Let's figure out how to return payment of the state duty through the government service website to the traffic police.
The service attracts with its capabilities, namely a 30% discount on state fees. Mistakes are often made; you can enter incorrect details, pay more than necessary, or send money to another recipient.
The bottom line is that State Services acts as an intermediary, so you will have to deal with the recipient of the payment.
The proof will be a payment receipt, which can be taken from the site’s personal account.
Next, an application of the established form is submitted, documents are attached and a response is expected.
Deadlines for refunding the state duty of the traffic police
The money that went to pay the state fee must be returned within the first three years from the day the amount was paid. It is also worth considering that you can restore the missed deadline by filing an application in court and winning the case.
Expert opinion
Ivan Strahovsky
Insurance expert
OSAGO calculator
However, this rarely happens. Much more often, payers immediately notice that they have overpaid, and therefore quickly submit an appeal requesting a refund of the overpaid money. During the first three years, any payer can legally demand their money back by submitting an application to the local traffic police either through the website or by personally contacting the department if they were mistakenly paid in favor of the insurance company.
After the policyholder sends an appeal for the return of money, it is reviewed by a special commission. Five working days are allotted for consideration .
After these five days, if it was recorded that the policyholder overpaid for compulsory motor liability insurance, then the extra money will be used to pay the next payment or debt, if it is registered with the payer. The notification will be sent to the citizen within three working days.
If the commission has decided that a refund is not possible , it will send a notification to the payer within three working days . In it, the commission must indicate on what basis a refund is not possible.
State bodies comply with all designated deadlines. The reason for this is the legislation of the Russian Federation, according to which, if the money is not returned within the due date, then interest will be added to the amount from the state budget for the inconvenience caused. So, it is in the interests of government agencies to make a decision to return or refuse to return vehicles within the agreed time frame.
Refund of state fees paid to the traffic police
The state duty is returned based on the payer’s application . The application must be submitted within three years from the date of payment.
The overpaid amount of state duty is returned within a month from the date of the specified refund application.
An application for a refund of state duty is submitted to a body or official (for example, the traffic police), which is authorized to perform legally significant actions.
If it is necessary to return money for state fees in cases that are being heard in the courts, an application is submitted to the tax office at the location of the court in which the case is being heard.
How to return an erroneously paid state duty to the traffic police? The application must be accompanied by original payment documents confirming payment of the state duty.
How to return overpaid state duty to the traffic police? A partial refund occurs after submitting an application and a copy of documents confirming payment of the state duty.
If the applicant submits an application for the return of funds paid for the state fee in those cases that are being considered by the court, a decision, a ruling on the return of the state fee or a court certificate stating that a full or partial refund of the fee is justified is attached to the application.
There is no single application form. The applicant draws up an application at his own discretion. But the law regulates that the constituent entities of the Russian Federation reserve the right to establish rules for completing the application.
It is necessary to indicate information about the payer of the state duty, the basis for payment or return of funds, and bank details where the money should be transferred.
The application, which is submitted to the Tax Service, is drawn up in a certain form, which was established by Order of the Federal Tax Service dated February 14, 2017 No. ММВ-7-8/ [email protected]
It is recommended to draw up an application in the following form (unless otherwise provided by the organization):
- in the upper corner the department to which the appeal is sent is indicated;
- Full name, address, contacts;
- passport details.
The following is indicated:
- reason for the return (it is necessary to indicate a link to Article No. 333.40 of the Tax Code of the Russian Federation);
- if there is more than one reason, all are indicated;
- then enter where the payment was made, indicate the check number or other information from the payment receipt (it will help specialists recognize a specific payment);
- the exact amount of the transfer, even pennies;
- ask to transfer funds and indicate bank and account details;
- The date of the claim is added, a signature, full name and initials are added.
A copy of the receipt must be attached to the application, which confirms payment of the state duty.
You cannot delay your application. The application is taken to the traffic police department in the area and handed over personally to the official. The traffic police officer is obliged to issue a notice of acceptance of the document, which must indicate:
- date of acceptance;
- position, full name of the employee;
- signature.
You can also send the application by registered mail with a valuable inventory. The applicant will receive notification of receipt and will be able to prove that he did not forget to enclose the document in the envelope.
Expert opinion
Kuzmin Ivan Timofeevich
Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.
If the applicant submitted an application and other documents, but the money from the treasury was not returned on time, interest will be added to the total amount. Interest is calculated using the following formula:
Amount of state duty * number of overdue days * 1/300 of the refinancing rate valid at the time the delayed payment appeared = interest on the late payment.
If the applicant was unable to return the money for the state fee, it can be used to re-apply to the traffic police or another authorized body. If 3 years have not yet passed from the date of payment, you do not need to pay the state duty again. The old receipt is attached to all other documents.
The procedure for returning state duty to the traffic police
To return the money, you must submit an appropriate application; you can take it in person to the nearest branch or send it online using the state traffic inspectorate website.
Important! Along with your application, you must provide a receipt and check confirming payment for inspection services, otherwise your request will not be satisfied. Additionally, you must provide a copy of your passport (page with registration).
According to the law, the traffic police is obliged to respond to a citizen’s application within a month from the date of application. We recommend submitting an application to your district department and giving it to the employee in person - this way the government agency will not have the opportunity to delay its response. Having accepted your application, the traffic police officer must issue a form in which his full name, position, signature will be indicated and the date of acceptance of the application will be recorded.
Find the address of the nearest traffic police department in St. Petersburg using the map and table:
No. | Name of MREO | Address |
1 | MREO traffic police | St. Petersburg, Revolution Highway, 85 |
2 | OP MREO traffic police | St. Petersburg, Pargolovo village, Gorskoe highway, no.4. lit. AND |
3 | MREO traffic police department No. 1 | St. Petersburg, 3rd Verkhny lane, 5, lit. T |
4 | OP MREO STSI No. 1 | St. Petersburg, Severny pr., 7/1, lit. A |
5 | MREO traffic police department No. 2 | St. Petersburg, Strelna village, st. Frontovaya, 7 |
6 | MREO traffic police department No. 3 | St. Petersburg, Moskovskoe highway, 16, building 1 |
7 | OP MREO STSI No. 3 | St. Petersburg, Kolpino, Zavodskoy Avenue, 56 |
8 | OP MREO STSI No. 3 | St. Petersburg, st. Chernigovskaya, 14 |
9 | OP MREO STSI No. 3 | St. Petersburg, Shushary village, Moskovskaya Slavyanka, 17 A, lit. B |
10 | OP MREO STSI No. 3 | St. Petersburg, st. Kubinskaya, 77, lit. A |
11 | MREO traffic police department No. 4 | St. Petersburg, Obukhovskoy Oborony Ave., 137 |
12 | OP MREO STSI No. 4 | St. Petersburg, Dalnevostochny pr., 41, lit. B |
13 | OP MREO STSI No. 4 | St. Petersburg, sh. Revolutions, no. 114, lit. A |
14 | OP MREO STSI No. 4 | St. Petersburg, st. Sedova, 13 |
15 | OP MREO STSI No. 4 | St. Petersburg, Marshal Blucher Ave., 60 |
16 | MREO traffic police department No. 5 | St. Petersburg, emb. Moika River, 110 |
17 | OP MREO STSI No. 5 | St. Petersburg, Tramvayny pr., 18 A |
18 | OP MREO STSI No. 5 | St. Petersburg, Narodnogo Opolcheniya Ave., 2A |
19 | MREO traffic police department No. 6 | St. Petersburg, st. Zemledelcheskaya, 5A |
20 | OP MREO STSI No. 6 | St. Petersburg, V.O., 4th line, no. 61 |
21 | OP MREO STSI No. 6 | St. Petersburg, Shkipersky Protok, 14, building 1 |
22 | OP MREO STSI No. 6 | St. Petersburg, st. Optikov, 4, building 2, lit. A |
23 | MREO traffic police department No. 7 | St. Petersburg, st. Salova, 66, building 2 |
24 | MREO traffic police department No. 14 | St. Petersburg, st. Novgorodskaya, 13 Z |
25 | OP MREO STSI No. 14 | St. Petersburg, st. Krasnogo Tekstilshchik, 10-12, lit. D |
26 | MREO traffic police department No. 17 | St. Petersburg, Laboratorny pr., 24 |
27 | OP MREO STSI No. 17 | St. Petersburg, Rustaveli Ave., 46, building 1 |
When money is not returned
The payer will not be able to exercise the right to a refund if:
- There were errors in the return application, or there were violations of legal requirements, or incorrect personal data. It is necessary to carefully check the name of the authority to which the data is sent.
- The applicant trying to return funds for the state fee is not the real recipient of the service. This is possible if the fee for registering a contract of sale of a vehicle has been paid. The payer then decided to refuse the sale, but transferred the right of return to the buyer. The traffic police will refuse to return it.
- The payer did not provide the fact of payment of the state duty. There is no receipt confirming the fact of transfer of money to the traffic police. You should not throw away receipts for state fees. At least in the first three years after receiving the service.
- When changing registration data in full name.
When will the paid state duty not be returned?
The traffic police fee is not refunded in the following cases:
- In case of violation of the requirements of the law when paying - gross errors regarding the indication of incorrect details, reporting of personal data - last name, patronymic, other information, concealment or deliberate distortion.
- Submission of an application by an unauthorized person. If a contract for the sale and purchase of a car has been completed. The duty was paid by the buyer, and the demand for its return was transferred to the seller by agreement of the parties without securing the relevant powers, for example, by power of attorney.
- Lack of confirmation of payment of the state duty from the State Traffic Safety Inspectorate - details of the receipt, number or date of payment were not provided, there is no copy of the document.
- If the registration data is changed , in such situations the return process is greatly delayed and does not always bring a positive result.
In case of refusal to refund the duty, the decision of the traffic police can be appealed in court. The petition itself is not subject to a fee to the budget. The review is carried out within 10 days with a call from representatives of the government body and the applicant. The procedure for conducting the process is regulated by Articles 124-127, 131 of the Code of Administrative Offenses of the Russian Federation. The period for filing an administrative claim should not be more than 3 months from the moment the person learned of a violation of his legal rights - receiving the act in person or by mail under Article 219 of the Code of Administrative Offenses of the Russian Federation. If there are good reasons, the period for filing a claim may be restored by the court upon presentation of supporting documents.
The court has the right to cancel the effect of a decision of a state body in accordance with paragraph 1 of paragraph 2 of Article 227 of the Code of Administrative Offenses of the Russian Federation in connection with the violation of the legal rights and interests of citizens. From the moment of adoption of the act, no more than 1 month must pass, allotted for notifying the interested person about the issued act (clause 9 of Article 227 of the Code of Administrative Offenses of the Russian Federation). The court refuses to satisfy the complaint if no grounds for refunding the fee are identified.
For your information
Before going to court, you have the opportunity to appeal the decision to a higher authority. In relation to regional traffic police departments, this will be the regional department of the road service. In practice, this option gives a positive option if there are legal grounds for canceling the refusal to refund.
Execution of a judicial act on the return of funds for paid state duty to the traffic police is carried out upon presentation of a decision that has entered into force at the Bailiff Service or the branch of the Treasury of the Russian Federation at the place of payment.
The amount of the state fee for issuing a driver's license
The amount of the state duty for issuing a driver’s license is regulated by Article 333.33 of the Tax Code of the Russian Federation:
Section 333.33. Amounts of state duty for state registration, as well as for performing other legally significant actions
43 1 ) for the issuance of a national driver's license, including in replacement of a lost or unusable one:
Currently, only plastic driver's licenses are issued in Russia. The state fee for issuing a license is 2,000 rubles .
Starting from August 3, 2021, new certificates with a built-in storage medium can also be issued. For the production of such rights you will have to pay 3,000 rubles .
Discount on payment of state duty
In 2021, you can pay the state fee for issuing a driver’s license with a 30 percent discount. Article 333.35 of the Tax Code of the Russian Federation:
4. The amounts of the state duty established by this chapter for the commission of legally significant actions in relation to individuals are applied taking into account the coefficient of 0.7 in the case of filing an application for the commission of these legally significant actions and paying the corresponding state fee using a single portal of state and municipal services, regional portals state and municipal services and other portals integrated with a unified identification and authentication system.
Thus, when paying a state fee at a discount (through the government services portal), its amount will be 1,400 rubles .
Note. From January 1, 2021, the discount will no longer be provided.
In addition, there are several preferential categories of drivers who are completely exempt from paying duties:
How long does the state duty last?
The validity period of the state fee for a driver's license is unlimited . For example, if you paid the fee in 2021, but for some reason did not use the receipt (changed your mind about changing your license), then you will be able to use the same receipt in 2021.
Example. Driver candidate Petr Petrov began taking exams at the State Traffic Safety Inspectorate on January 1, 2021. However, he failed to pass either the first or the second time. Then he went on a business trip, and when he returned, he completely forgot about the exams.
As a result, Peter successfully passed the exam on March 1, 2021. At the same time, to issue a certificate, he will be able to use the state fee paid in 2021.
However, please note that if the traffic police changes the payment details , then the old fee cannot be used. Therefore, the state fee will have to be paid again, and the old fee can be returned.
Possible reasons for refusal
For services provided by the traffic police, it is not always possible to return the state duty, despite the fact that it was paid through the EPGU.
In what cases are you guaranteed to receive a refusal from the department of internal affairs?
- The application contains false information. Then it is worth resubmitting the application and package of documents.
- The applicant is not the recipient of the service and at the same time is trying to return the money for the state fee.
- Lack of payment document. No matter how reliable the State Services portal is, electronic receipts should be stored for 3 years on a storage device or PC.
- Changing registration data in last name/first name/patronymic without confirmation.
- Corrections to the application.
Procedure
With the development of information technology, communication with government agencies, especially the traffic police, is becoming much easier. So, now there is an online service with which you can send an appeal without leaving your home.
Expert opinion
Kuzmin Ivan Timofeevich
Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.
Do not forget to attach a scan of your passport and other documents that were involved in the service provided to you. Also be sure to add a scan of the receipt for payment of the state duty.
Using the website, it’s easy to return money for the state duty to the traffic police.
If for some reason you cannot make an online application, you will have to work the old fashioned way. We tell you all the details.
Deadlines for returning the duty to the traffic police
You need to understand that in different cases, payment of the state fee can be made again at different stages of receiving the service (here you can find out how to return money for the state fee in other government agencies). It is worth carefully studying the algorithm for providing the service at the traffic police and clarifying the list of documents that must be provided to obtain it. Sometimes it happens that employees may offer to pay the fee immediately, although you may well make the payment within ten days after receiving the service, if this is not regulated by separate legislative acts. You can file a claim for a refund of funds either immediately or within three years - this is the statute of limitations in Russia, which is quite legitimate to apply in the situation of making demands on the traffic police for the return of money. After all, in case of refusal, you will have to go to court if you decide to fight for your money.
The period given by the traffic police to respond to you after receiving a refund claim is 30 days.
After notifying you of the decision, the department has another 10 days to transmit the information to the Treasury and you will be placed in line to receive a cash posting.
How to write an application correctly
At the very top of the application you need to indicate the department to which you are sending the appeal. Everything is simple here - if we receive the service in person, then we write the department where you visited.
If there is another way, then the required address and name of the department can always be found on the official website of the traffic police. Below indicate your last name, first name, patronymic, residential address, contact phone number, passport details (series, number, who issued it, when it was issued, department code).
The subject part of the application must indicate:
- Reason for return with reference to Article No. 333.40 of the Tax Code of the Russian Federation. So we write: “In accordance with Article 333.40 of the Tax Code of the Russian Federation, I ask you to return the overpaid state fee for such and such a service.” If there are several reasons, we indicate all of them
- You need to indicate exactly where the payment was made, write the check number or other information from the payment receipt that will help specialists identify your payment
- Specify the exact transfer amount, down to the penny
- Add the line “Please transfer the funds returned for payment of the state duty to ...” and indicate the payment details of the bank and your account
- We add the date of drawing up the claim and sign it using the signature itself, last name and initials next to it
Be sure to attach a copy of the receipt confirming payment of the state duty. We invite you to familiarize yourself with a sample application to the traffic police for a refund of state duty ().
How to return money for an incorrectly paid state duty to the traffic police
Situations when you incorrectly entered the details of the recipient of the money into the terminal, or accidentally clicked to select another service instead of the desired one, are not uncommon.
- If you chose the wrong service, but sent money to the traffic police, then you can try to return the funds using the method described above
- If you made a mistake in the details and sent money to another recipient, then you need to urgently contact the bank and demand that the payment be cancelled. You usually have 24 hours to get your money back for an incorrect payment.