In August 2018, organization O* made a paid lease agreement on the vehicle with citizen A*, 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 about 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 24th, 27th and 31st of October 2018.
In accordance with section 8.25 of Code of the city of Moscow regarding 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 — hundred thousand rubles.
Thus, O* was brought to an administrative responsibility in the form of fines totaling 900 000 rubles.
O* acted independently and appealed to the head of MARI out of court with complaints in respect of O* resolution, 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*, achieved no resolution on the case in the pre-trial order, and therefore, appealed to the Moscow city bar association of lawyers “Bureau of lawyers” De jure ” for legal assistance.
“Bureau of advocates “De jure” lawyers, looked into the three cases on the administrative offenses within the prescribed period (within 10 days of O* receiving decisions of the chief of MARI) and prepared and filed complaints to Kuzminskiy district court of Moscow, stating the legal position on the protection of O* by the current judicial practice, as well as additional evidence.
In addition, the Moscow city bar association of lawyers “Bureau of advocates “De jure” lawyers report petition for witness A to be summoned to court and interrogated, 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, “Bureau of advocates “De jure” lawyers attached relevant banking and accounting documents to the cases, confirming legal lease relations between O* and A*.
The meaning of part 2 of article 2.6.1 of the administrative code of Russian Federation, the owner of a vehicle may be absolved of 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* studied and having examined the evidence presented in the case fully satisfied the complaints of “Bureau of advocates “De jure” lawyers, 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 Moscow city bar association of lawyers “Bureau of advocates “De jure” — Y. S. Bulut.
Y.S.Bulut and M.A.Chernyshev, the lawyers of the Moscow city bar association of lawyers “Bureau of advocates “De jure”, attended the trials reviewing the complaints.