LAWYERS OF MOSCOW CITY BAR ASSOCIATION “BUREAU OF LAWYERS “DE JURE” CHALLENGED THE DECREE OF BRINGING THE COMPANY TO ADMINISTRATIVE RESPONSIBILITY FOR VIOLATING THE PARKING REGULATIONS AT A CHARGE OF 900 000 RUB.

In August 2018, organization O* concluded with citizen A* a paid lease agreement on a vehicle which belonged to O* on the right of ownership.

In November 2018, O* received by post 3 statements of the Moscow Automobile Road Inspection (hereinafter – MARI) on bringing O* to administrative responsibility due to the detent of parking the vehicle owned by A* in the yard of a house in the territory occupied by green spaces on the 24^th, 27^th and 31^st of October 2018.

In accordance with section 8.25 of the Moscow City Code of Administrative Offences, parking of vehicles on a lawn or other areas occupied by green plantings entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; on officials — thirty thousand rubles; on juridical persons — three hundred thousand rubles.

Thus, O* was brought to an administrative responsibility in the form of fines totaling 900 000 rubles.

O*, acting independently, appealed to the head of MARI out of court with complaints in respect of decisions in relation to O*, as at the time when the offenses were registered the vehicle was rented, which should terminate the proceedings of an administrative offense, since O* is not the offender. Copies of the vehicle rental agreement and payment orders of this agreement were also submitted by O*.

Upon review of complaints filed by O*, the head of MARI refused to take them into consideration, citing the fact that the rental relationship between O* and A* has not been proved, the types of O*’s activities referred to in the Unified State Register of Legal Entities do not contain information regarding O*’s activities on renting vehicles to third parties.

O*, having not achieved resolution on the case in the pre-trial order, appealed to the MCBA “Bureau of Lawyers “De jure” for legal assistance.

Having looked into the three cases on the administrative offenses, lawyers of MCBA “Bureau of Lawyers “De jure” prepared and filed complaints to Kuzminskiy District Court of Moscow within the prescribed period (10 days from O*’s receipt of decisions of the head of MARI) and, substantiating the legal position on the protection of O* by the current judicial practice, as well as additional evidence.

In addition, the lawyers of MCBA “Bureau of Lawyers “De jure” filed a petition to summon and question witness A, who was subsequently questioned by the court and confirmed that he drove the vehicle at the time when the offences were registered, and was forced to park the vehicle in a doubtful space due to the absence of available free Parking spaces.

Also, lawyers of MCBA “Bureau of Lawyers “De jure” attached relevant banking and accounting documents to the cases, confirming legal lease relations between O* and A*.

Within the meaning of Part 2 of Article 2.6.1 of the Administrative Code of Russian Federation, the owner of a vehicle may be exempted from responsibility for the offense imputed on him, including those related to parking of vehicles on lawns and other territories occupied by green spaces, if they can prove that at the time of committing such offences the vehicle was out of his actual ownership and use.

04.06.2019 Kuzminskiy District Court of Moscow, having listened to the positions of both parties and witness A* and having studied and examined the evidence presented in the case, fully satisfied the complaints of lawyers of MCBA “Bureau of Lawyers “De jure”, repealing the resolution of MARI on bringing O* to administrative responsibility, thus, releasing O* from the obligation to pay fines in the amount of 900 000 RUB.

The legal position on this case was prepared by assistant of the MCBA “Bureau of Lawyers “De jure” Y.S. Bulut.

Y.S. Bulut and M.A. Chernyshev, lawyers of the MCBA “Bureau of Lawyers “De jure”, attended the trials reviewing the complaints.