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At a meeting of the Plenum of the Supreme Court of the Russian Federation, a draft resolution was discussed addressing issues arising in judicial practice when considering administrative offense cases involving the failure to pay an administrative fine within the timeframe stipulated by the Code of Administrative Offenses of the Russian Federation.

The draft's provisions, which address determining the entry into force of a ruling imposing an administrative fine issued by a judge of a court of general jurisdiction, a body, or an official, are of practical value. The document emphasizes that the correct determination of the entry into force of a ruling in an administrative offense case or an arbitration court decision imposing administrative liability influences the determination of the presence or absence of an administrative offense under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation.

To ensure consistency in judicial practice, the draft resolution of the Plenum of the Supreme Court of the Russian Federation contains clarifications regarding individual elements of this administrative offense.

Specifically, the document directs judges to the fact that, when considering administrative offenses under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, circumstances beyond the control of the individual that prevent the payment of the administrative fine within the prescribed timeframe must be examined, as they may indicate the individual's lack of guilt in committing the offense. Such circumstances may include, for example, a prolonged hospital stay in a condition that prevents the individual from fulfilling the relevant obligation, or the illegibility of the payment details for the administrative fine specified in the order, provided that the individual has been denied an explanation of the order's execution procedure and clarification of the relevant details, or their duly submitted application for clarification of the order's execution procedure has been denied.

The draft notes that, given the mandatory nature of the order in administrative offense cases, the individual assessed the administrative fine must take all measures within their power to ensure its timely payment. Such measures may include the sale of property owned by the individual.

The draft focuses on situations where an individual subject to administrative liability does not have a place of residence or stay in the Russian Federation, as well as when an administrative offense is committed by a foreign legal entity. In such cases, the case is subject to review at the place where it was committed.

Special attention is given to the imposition of administrative penalties. In particular, it is clarified that partial payment of an administrative fine does not constitute compliance with the decision to impose an administrative penalty and, accordingly, the amount of the fine for committing an administrative offense under Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation is calculated based on the entire amount of the administrative fine imposed.

Following the discussion, an editorial committee was established to review the comments and suggestions received.

In addition, the Plenum of the Supreme Court of the Russian Federation considered a draft resolution amending more than two dozen existing resolutions and repealing Resolution No. 21 of June 27, 2013, "On the Application by Courts of General Jurisdiction of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and its Protocols".

The need for updating is due to the termination of several multilateral and bilateral international treaties with respect to the Russian Federation, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and its Protocols, the termination of Russia's membership in the Council of Europe, and, consequently, its withdrawal from the jurisdiction of the European Court of Human Rights.

The draft resolution aims to align judicial practice with new legal realities, eliminate outdated references to international treaties that have ceased to be in force for the Russian Federation, clarify wording, and increase the uniformity of judicial practice.

In particular, references to the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights are being removed from the texts of the resolutions. Instead, references are being introduced, for example, to the International Covenant on Civil and Political Rights of December 16, 1966, which is obligatory for the Russian Federation.