Article 12.25. Failure to comply with the requirement to provide a vehicle or to stop a vehicle

What to do if you ignored the requirement by mistake

It happens that the driver simply does not notice the traffic police officer. This is possible at night or in fog.

If a fine is issued, a dashcam recording will help prove poor visibility. According to clause 65 of the Administrative Regulations of the Ministry of Internal Affairs, a traffic police officer must use a luminous or reflective baton and reflective clothing at night.

To appeal a fine, follow these steps:

1. File a complaint addressed to the head of the department whose employee issued the fine. The department's contact details are in the fine order.
2. Attach to the complaint a record from the registrar, which shows that it was difficult to notice the traffic police officer. Can be on a disk or flash drive.
3. Send a complaint - with a personal visit or registered mail.
4. Get the answer. The answer will be given in ten days.

What happens if the traffic police escapes from pursuit (in the end they are not caught) | Salekhard

Amendments to this article. The Criminal Code of the Russian Federation has not been introduced. It all depends on the circumstances of the attempted murder.

Criminal Code of the Russian Federation, Article 37. Necessary defense

(as amended by Federal Law dated March 14, 2002 N 29-FZ)

(see text in the previous edition)

1. It is not a crime to cause harm to an attacker in a state of necessary defense, that is, when protecting the personality and rights of the defender or other persons, the legally protected interests of society or the state from a socially dangerous attack, if this attack was associated with violence dangerous to the life of the defender or another person, or with an immediate threat of such violence.

2. Protection from an attack that is not associated with violence dangerous to the life of the defender or another person, or with an immediate threat of such violence, is lawful if the limits of necessary defense were not exceeded, that is, deliberate actions that are clearly inconsistent with the character and the danger of encroachment.

2.1. The actions of a defending person do not exceed the limits of necessary defense if this person, due to the surprise of the attack, could not objectively assess the degree and nature of the danger of the attack.

(Part two.1 introduced by Federal Law of December 8, 2003 N 162-FZ)

3. The provisions of this article apply equally to all persons, regardless of their professional or other special training and official position, as well as regardless of the ability to avoid a socially dangerous attack or seek help from other persons or authorities.

(Part three as amended by Federal Law dated July 27, 2006 N 153-FZ)

(see text in the previous edition)

Criminal Code of the Russian Federation, Article 61. Circumstances mitigating punishment

1. The following are recognized as mitigating circumstances:

a) committing a crime of minor or medium gravity for the first time due to a random combination of circumstances;

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

(see text in the previous edition)

b) the minority of the perpetrator;

c) pregnancy;

d) the presence of young children with the perpetrator;

e) committing a crime due to a combination of difficult life circumstances or out of compassion;

f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence;

g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction;

h) illegality or immorality of the behavior of the victim, which was the reason for the crime;

i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime;

(paragraphs “and” as amended by Federal Law No. 141-FZ dated June 29, 2009)

(see text in the previous edition)

j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim.

2. When assigning a punishment, circumstances not provided for in part one of this article may be taken into account as mitigating circumstances.

3. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as an element of a crime, it in itself cannot be taken into account again when assigning punishment.

Criminal Code of the Russian Federation, Article 63. Aggravating circumstances

1. The following are recognized as aggravating circumstances:

a) relapse of crimes;

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

(see text in the previous edition)

b) the onset of grave consequences as a result of the commission of a crime;

c) committing a crime as part of a group of persons, a group of persons by prior conspiracy, an organized group or a criminal community (criminal organization);

d) a particularly active role in the commission of a crime;

e) involvement in the commission of a crime of persons who suffer from severe mental disorders or are in a state of intoxication, as well as persons who have not reached the age at which criminal liability begins;

f) committing a crime based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group;

(clause “e” as amended by Federal Law dated July 24, 2007 N 211-FZ)

(see text in the previous edition)

f.1) committing a crime out of revenge for the lawful actions of other persons, as well as in order to hide another crime or facilitate its commission;

(clause “e.1” was introduced by Federal Law dated July 24, 2007 N 211-FZ)

g) commission of a crime against a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty;

h) committing a crime against a woman who is known to be pregnant by the perpetrator, as well as against a minor, another defenseless or helpless person or a person dependent on the perpetrator;

i) committing a crime with particular cruelty, sadism, mockery, and torture for the victim;

j) committing a crime with the use of weapons, ammunition, explosives, explosive or simulating devices, specially manufactured technical means, narcotic drugs, psychotropic, potent, poisonous and radioactive substances, medicinal and other chemical and pharmacological preparations, as well as with the use of physical or mental coercion;

(as amended by Federal Law dated March 1, 2012 N 18-FZ)

(see text in the previous edition)

k) committing a crime during a state of emergency, natural or other public disaster, as well as during mass riots, in conditions of armed conflict or military action;

(as amended by Federal Law dated July 6, 2016 N 375-FZ)

(see text in the previous edition)

l) committing a crime using the trust placed in the perpetrator by virtue of his official position or contract;

m) committing a crime using the uniform or documents of a government representative;

o) commission of a deliberate crime by an employee of an internal affairs body;

(Clause “o” was introduced by Federal Law dated July 22, 2010 N 155-FZ)

o) commission of a crime against a minor (minor) by a parent or other person who is charged by law with the responsibility for raising the minor (minor), as well as by a teacher or other employee of an educational organization, medical organization, organization providing social services, or other organization, obligated to supervise the minor (minor);

(Clause “p” was introduced by Federal Law dated February 29, 2012 N 14-FZ, as amended by Federal Law dated July 2, 2013 N 185-FZ)

(see text in the previous edition)

p) committing a crime for the purpose of promoting, justifying and supporting terrorism.

(Clause “r” was introduced by Federal Law dated 05.05.2014 N 130-FZ)

1.1. The judge (court) imposing punishment, depending on the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator, may recognize as an aggravating circumstance the commission of a crime while intoxicated caused by the use of alcohol, narcotic drugs, psychotropic substances or their analogues, new potentially dangerous psychoactive substances or other intoxicating substances.

(Part 1.1 introduced by Federal Law dated October 21, 2013 N 270-FZ; as amended by Federal Law dated July 3, 2016 N 328-FZ)

(see text in the previous edition)

2. If an aggravating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment.

Criminal Code of the Russian Federation, Article 64. Imposition of a more lenient punishment than provided for a given crime

1. In the presence of exceptional circumstances related to the goals and motives of the crime, the role of the perpetrator, his behavior during or after the commission of the crime, and other circumstances that significantly reduce the degree of public danger of the crime, as well as with the active assistance of a participant in a group crime in solving this crime, punishment may be assigned below the lower limit provided for by the relevant article of the Special Part of this Code, or the court may impose a more lenient type of punishment than provided for by this article, or not apply an additional type of punishment provided for as mandatory.

2. Both individual mitigating circumstances and a combination of such circumstances may be considered exceptional.

3. Guilty of committing crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211, Article 361 of this Code, or guilty of committing crimes related to the implementation of terrorist activities, provided for Articles 277, 278, 279 and 360 of this Code, a punishment cannot be imposed below the lower limit provided for by these articles, or a more lenient type of punishment than provided for by the relevant article cannot be imposed, or an additional type of punishment provided for as mandatory cannot be applied.

Is it worth returning to the employees if you have already passed

Alexander Torvard, auto lawyer

Sometimes the driver may not notice that the inspector has given a signal to stop and drives on. The inspector most likely will not catch up with you unless he suspects you of theft or drunk driving. You don't have to come back.

I can give you a case from practice. A man was driving along an unfamiliar road at night. He was given a sign to stop by a man whose shape resembled a traffic police officer, but there was no baton in his hand and there was no flashing light on the roof of the car. The man was afraid for his life and did not stop. It turned out that these were real traffic police officers, and they gave him a real fine. Later in court, the man explained why he did not stop. The court took into account his explanation and canceled the fine. In such cases, it is really better not to stop and not return - for your own safety.

How, according to the regulations, a vehicle is stopped at the request of a traffic police officer

In paragraphs 85-87 of the special regulations for traffic police officers states that the inspector must give a signal to stop in one of the following ways:

• hand,
• with a rod,
• using a loudspeaker,
• using a whistle.

The traffic police inspector is obliged to take into account the safety of all other drivers on the road and cannot order to stop in a place that is dangerous for the driver or contrary to traffic rules.

Further actions of the inspector are described in paragraph 89 of the regulations. When stopping a vehicle, a traffic police officer must:

• approach the driver without delay;
• name the position, rank, first and last name;
• state the reason for the stop;
• request documents if deemed necessary;
• present a certificate at the request of the car owner;
• if you are going to detain the driver or his car, explain the reason, rights and obligations;
• if you plan to involve the driver or passengers as witnesses or witnesses, explain their rights and responsibilities.

Commentary on Article 12.25 of the Code of Administrative Offenses of the Russian Federation

1. The object of this offense is road safety, life and health of citizens.

2. The objective side of the offense is expressed in failure to comply with the requirement to provide a vehicle (Part 1 of Article 12.25) and in failure to comply with the requirement to stop the vehicle (Part 2 of Article 12.25).

The driver is obliged to provide the vehicle to police officers, federal state security agencies and federal security service agencies in cases provided for by law; as well as medical and pharmaceutical workers to transport citizens to the nearest medical facility in cases that threaten their lives.

Persons using a vehicle must, at the request of the driver, issue him a certificate of the established form or make an entry in the waybill (indicating the duration of the trip, distance traveled, his last name, position, service ID number, name of his organization), and medical and pharmaceutical workers - issue a coupon of the established form.

As follows from Part 2 of Art. 12.25, liability under this article arises for failure to comply with a lawful request of a police officer. A request to stop a vehicle is considered legal if it is submitted by a traffic controller by virtue of the right granted to him to stop the vehicle. Persons who have the right to stop are required to present their official identification upon request of the driver.

3. The subjective side is characterized by guilt in the form of intent.

4. The subject of the offense is the driver of the vehicle who has failed to comply with the requirement to provide or stop the vehicle.

When can you ignore stop signals?

The car owner may not stop if the inspector demands to do so where the rules prohibit:

• on tram tracks;
• at railway crossings;
• if the road is already 3 meters, which means that a stopped car will block the passage for others;
• at pedestrian crossings and closer than 5 meters in front of them;
• if road visibility is less than 100 meters;
• closer than 5 meters from the intersection;
• closer than 15 meters from a public transport stop;
• if the car blocks the traffic light from other drivers;
• in the bike lane.

You also don’t have to brake after a “No Stopping” sign.

If the car owner did not brake in prohibited places and the inspector issued a fine, such a decision can be appealed and a record from the registrar can be attached.

Is there a discount on the fine for not stopping at the request of a traffic police inspector?

One of the changes to the federal legislation concerning the Code of Administrative Offenses (Article 32.2) allows for a 50% discount on the payment of a fine. The main thing is to have time to pay off the fine within 20 calendar days.

Cost reduction is possible for:

• movement without numbers;
• running a red light;
• repeated speeding;
• driving while drunk;
• causing harm to the health of a participant in an accident;
• refusal of medical examination;
• driving in violation of road markings and signs.

If you pay a fine within the next 20 days for violating a traffic police inspector’s requirement to stop, you can legally take advantage of the discount and reduce the amount by half. This possibility will be legal if the incident is not accompanied by some exceptional cases specified in clause 1.3 of Art. 32.2 Code of Administrative Offences.

Remember

1. The punishment for the driver for not stopping is from 500 rubles to arrest for 15 days.
2. If the car owner did not notice that the inspector was signaling to stop and he issued a fine, it can be appealed. Attach a recording from the registrar to the complaint, which shows that the inspector was invisible.
3. The inspector may give chase if he considers that the driver is dangerous to other road users.
4. The car owner may not stop if the rules prohibit doing so in the place where the inspector points.

All articles by the author: Evgeniy Lesnov