RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 25, 2019 No. 20

About some questions arising in court practice by hearing of cases about the administrative offenses provided by Chapter 12 of the Russian Federation Code of Administrative Offences

Due to the questions arising in court practice by hearing of cases about the administrative offenses provided by Chapter 12 of the Russian Federation Code of Administrative Offences, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

I. Questions of qualification of separate administrative offenses

1. By hearing of cases about the administrative offenses provided by Chapter 12 of the Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences), it is necessary to consider that the driver not only person who acquired the right of control of vehicles in the procedure established by the law but also the other person who is managing the vehicle, including not having the right of management of all or separate categories (subcategories) of vehicles or deprived of such right is recognized. Person training to driving when implementing educational driving is equated to the driver.

It is also necessary to mean that the driver person which is driving the towed vehicle, except as specified, when the design of tough hitch provides in case of rectilinear movement following of the towed vehicle on trajectory towing (Item 20.1 of the Traffic regulations of the Russian Federation approved by the resolution of Council of Ministers - the Governments of the Russian Federation of October 23, 1993 to No. 1090 (further - traffic regulations of the Russian Federation) is recognized.

Besides, owing to provisions of Items 1. 2, 25.6 traffic regulations of the Russian Federation driver is the driver conducting on the road of pack, riding animals or herd and also the driver of the animal-drawn vehicle (sledge).

2. In Chapter 12 of the Code of the Russian Federation on Administrative Offences are understood as vehicles:

the automotor-vehicles which are subject to state registration with engine capacity of internal combustion more than 50 cubic centimeters and with the maximum constructive speed more than 50 kilometers per hour, being subject to state registration automotor-vehicles with the maximum capacity of the electric motor more than 4 kilowatts and with a maximum constructive speed more than 50 kilometers per hour,

the automotor-vehicles which are subject to state registration with the maximum capacity of the electric motor more than 4 kilowatts and with a maximum constructive speed more than 50 kilometers per hour,

the trail cars which are subject to state registration to the specified automotor-vehicles,

tractors, self-propelled road-building and other self-propelled machines,

vehicles, on management of which in accordance with the legislation of the Russian Federation about traffic safety the special right is granted (for example, the moped).

At the same time the concept of the vehicle enshrined in the note to article 12.1 Code of the Russian Federation on Administrative Offences is not subject to extensive interpretation. At the same time in the cases provided by individual clauses of Chapter 12 of the Code of the Russian Federation on Administrative Offences the administrative responsibility and persons managing other vehicles (in particular, bicycles, animal-drawn vehicles) is established, in case of violation by such persons traffic regulations of the Russian Federation (for example, parts 2 and 3 of article 12.29 Code of the Russian Federation on Administrative Offences).

By hearing of cases about administrative offenses in the field of traffic it is necessary to consider that vehicle control represents purposeful impact on it of person as a result of which the vehicle moves in space (regardless of start of the engine). Actions of person equated to the pedestrian (Item 1.2 traffic regulations of the Russian Federation), for example, conducting the moped, the motorcycle cannot be regarded as vehicle control.

3. Proceeding from contents of the note to article 12.1 Code of the Russian Federation on Administrative Offences for the purposes of its application control of the tractor, self-propelled road-building, other self-propelled machine and the vehicles which are not subject to state registration, on management of which in accordance with the legislation of the Russian Federation about traffic safety the special right is granted, does not form the objective side of structure of the administrative offense provided by this regulation.

The administrative offense provided by part 1 of article 12.1 Code of the Russian Federation on Administrative Offences is expressed in vehicle control concerning which the obligation provided by the law on its registration (to statement on the state accounting) or on modification of registration data of the vehicle in the cases established by the law including when the vehicle was struck off the registration register is not executed and at the same time the obligation on its registration in the time established by the law is not realized, or the vehicle registration is stopped cancelled).

Person managing the vehicle which is not registered in accordance with the established procedure irrespective of on whom the obligation on its registration lies is subject to the administrative responsibility on the specified regulations. Failure to act of person which did not execute at the scheduled time the obligation assigned to it by the law on vehicle registration (modification of registration data of the vehicle) is qualified as regards 1 article 19.22 Code of the Russian Federation on Administrative Offences.

The subjective side of structure of the administrative offense provided by part 1 of article 12.1 Code of the Russian Federation on Administrative Offences is characterized by both intentional, and careless form of fault which establishment is obligatory during consideration of the case.

4. In case of the solution of question of availability in actions of face of structure of the administrative offense which is expressed in vehicle control with the unreadable, non-standard or established with violation of requirements of state standard state registration signs (part 1 of article 12.2 Code of the Russian Federation on Administrative Offences) it is necessary to be guided by the note to this Article according to which the state registration sign is recognized non-standard if it does not conform to the requirements established by the legislation on technical regulation connected with service conditions of the state registration signs (for example, violation of integrity of covering of the state registration sign), and unreadable when from distance of twenty meters reading in night-time at least is not provided to one of letters or figures of back state registration sign (in particular, in connection with defect of regular lamps of illumination of back state registration sign), and during daylight hours at least one of letters or figures of front or back state registration sign.

The objective side of structure of the administrative offense provided by part 1 of article 12.2 Code of the Russian Federation on Administrative Offences is formed also by vehicle control on which the state registration signs are established with violation of the requirements of state standard determined to their installation on the vehicle, except for violations, connected with installation site of such signs (for example, the method of fixture of the state registration signs does not conform to the established requirements).

By hearing of cases about the administrative offenses provided by part 2 of article 12.2 Code of the Russian Federation on Administrative Offences it is necessary to consider that the objective side of structure of this administrative offense is formed, in particular, by actions of person for vehicle control:

without the state registration signs (including without one of them),

in the presence of the state registration signs established in defiance of requirements of state standard on the places which are not provided by vehicle design for this purpose (including only one of them),

with the state registration signs altered or equipped using the devices or materials interfering identification of the state registration signs or allowing them to alter or to hide (including only one of them), including cases when at the time of vehicle stop such devices or materials were not used to modification or concealment of the state registration signs (including only one of them).

The state registration sign issued on this vehicle to which the changes distorting the symbols applied on it or one of them were made (for example, by sticking up), or the state registration sign which method of installation interferes with its reading and identification is modified (in particular, by revolution of plate of the state registration sign).

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