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3. Failure to comply with the requirement of the Traffic Rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer, until an examination by an authorized official is carried out in in order to establish the state of intoxication or until an authorized official makes a decision to exempt from such an examination -

Judicial practice and legislation - Code of Administrative Offenses of the Russian Federation. Article 12.27. Failure to fulfill duties in connection with a traffic accident

In addition, by the decision of the judge of the Vologda City Court dated October 29, 2003, upheld by the decision of the judge of the Vologda Regional Court dated February 12, 2004, A.I. Maslov was brought to administrative responsibility in the form of a fine in accordance with Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation for leaving, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant. March 3, 2004, statement by A.I. Maslov on the revision of the Resolution of October 29, 2003, due to newly discovered circumstances, was returned by the judge of the Vologda City Court, since such a procedure for revising decisions that have entered into legal force is not provided for by law. The applicant was also explained that, in accordance with

No one is immune from getting into an accident. The risk of an accident hangs inexorably over any car enthusiast throughout his driving career. As experienced drivers say, “if you don’t drive in, they will drive into you.”

If, for some reason, you left the scene of the accident, then it is likely that in the very near future the traffic police officers may draw up a report on you under Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for the driver leaving the scene of an accident, a participant which he is.

Moreover, the liability established by this norm is quite strict - deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for up to fifteen days.

At first glance, there are few options for the driver against whom such a protocol has been drawn up. After all, it is almost impossible to challenge the very fact of leaving the scene of an accident.

However, there is one legal loophole in the Code of Administrative Offenses of the Russian Federation, which allows, under certain conditions, to avoid liability under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. We are talking about the termination of proceedings in the case of leaving the scene of an accident due to the insignificance of the act.

In accordance with Art. 2.9 of the Code of Administrative Offenses of the Russian Federation, if the administrative offense committed is insignificant, a judge, body, official authorized to consider a case of an administrative offense may release the person who committed the act from administrative liability and limit himself to an oral remark.

Insignificance itself in the legal community is interpreted as follows.

A minor offense is an action or inaction that, although formally contains the elements of an administrative offense, but taking into account its nature, the role of the offender, the amount of harm caused and the severity of the consequences, does not pose a significant danger to legally protected public legal relations.

Of course, not every driver who fled the scene of an accident can count on his actions being recognized as a minor act. On the contrary, the majority of cases under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation ends in deprivation of rights or administrative arrest.

For example, if you fled the scene of an accident in which there were victims and your car, as well as its location at the scene of the accident, were of great importance for the investigation of the circumstances of the accident, then there will be very little chance of recognizing leaving the scene of an accident as a minor act. We are no longer talking about situations where there were seriously injured or killed as a result of an accident. However, road accidents are different and under certain conditions there are chances for a favorable outcome. This is confirmed by the existing judicial practice on this issue.

So, in what cases, when leaving the scene of an accident, can you count on dismissal of the case due to insignificance? Let's look at these situations in more detail.

First of all, this is an accident in which you are the only participant. For example, you drove your car into a ditch or hit a tree, broke your bumper, for example, and after making sure that no one else was hurt in the accident except you and your interests, you got out on your own and drove away. And then it turned out that some conscientious citizen, having noticed the accident, called the traffic police squad, having previously written down your license plate numbers. The squad arrived, made sure that the participant in the accident had left the scene of the accident and drew up a report under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation.

However, much more often in our country there are situations in which an accident involves two or more participants. Can participants in such accidents count on dismissal of the case due to insignificance? As the same judicial practice shows, they can!

Typical positive examples are court decisions, according to which the fact that the driver fled the scene of an accident, during which two cars slightly caught their side mirrors, was recognized as a minor violation. This also includes other similar situations in which the cars of the participants in the accident suffered minor damage and the drivers do not have mutual claims.

However, do not expect ready answers from us to the question of in what situations leaving the scene of an accident can be considered insignificant. There are no clear criteria by which judges could determine whether an act is minor or not. The insignificance of an act is a purely evaluative concept. The possibility of assessing an act as insignificant depends entirely on the individual judge, his legal understanding and worldview on the specified legal institution as a whole.

For example, many judges believe that leaving the scene of an accident is a gross violation of traffic rules, and therefore it is a priori a socially dangerous act, regardless of the circumstances of the accident itself. In justifying this position, the courts indicate that the driver’s duty to remain at the scene of an accident directly affects the interests of all participants in the incident, and is also an important factor for strengthening legal discipline among road users. Therefore, regardless of the seriousness of the accident, the very fact of ignoring the obligation to stay at the scene of the accident is regarded by such judges as a gross and socially dangerous violation of the law. If the judge has consistently followed this approach throughout his career, your chances of recognizing the act as insignificant will be close to zero.

The position of judges with a more liberal approach is somewhat different. These servants of Themis believe that if a minor accident, the scene of which the driver left, did not entail any serious consequences, then there was no significant violation of protected social relations.

If your case is considered by such a judge, consider yourself lucky.

However, such judges, as practice shows, are a clear minority. By the way, the reason for this is not only the legal worldview of judges. According to “insider” information from the judicial community, in many regions of Russia, judges who “like” to apply the institution of insignificance, secretly receive a “slap” from higher courts for this.

Despite the fact that the chances of a favorable outcome are not so great, it is worth a try. What if you get lucky? Either way, you have nothing to lose.

What needs to be done in order to try to terminate the proceedings due to insignificance?

First of all, assess the seriousness of the accident. If this is an accident in which the participants suffered significant material damage, or there were casualties, then count on the application of Art. 2.9 of the Code of Administrative Offenses of the Russian Federation is practically meaningless here. If the accident, the scene of which you left, fits the criteria that we described above, then your chances increase significantly.

Then, you will need to file a petition in court with a request to dismiss the case due to insignificance. It is advisable that this request be in writing.

It will also not be superfluous to submit to the court a written petition (statement) of the second participant in the accident.

However, it is better for you to discuss the particular tactics of behavior in court on this issue directly with your car lawyer, based on the specific circumstances of the case.

That's all, good luck on the roads!

Contact a car lawyer for help.

From time to time, motorists are faced with a situation where, for various reasons, they leave the scene of an accident. The law in this case is quite harsh, because in most situations you have to bear responsibility for such actions. Although, under a certain set of circumstances, you will be able to achieve complete rehabilitation through legal means.

Most often, the phrase refers to unauthorized leaving the scene of an accident where people, cars or other property were injured. In this case, responsibility can be incurred not only in the case when the person who left is to blame, but even if he turned out to be an accidental victim.

Active Code of Administrative Offenses, clause 2, article 12.27 gives clear explanations of what happens when leaving the scene of an accident:

Leaving by a driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

In practice, rights are deprived even in the case of minor material damage without victims.

At the same time, it is always necessary to know in advance how to avoid punishment if you fled the scene of an accident. There are several procedures that you can use to prove your own innocence:

consent of the participants in the accident to compensate for damage if there are no casualties among people;

if cars interfere with passage, but first you will have to clearly record the position in the protocol;

urgent delivery of victims to the nearest hospital;

lapse of time.

In addition, you can take advantage of additional external factors. For example, too much noise around can be a reason for extenuating circumstances, because... you physically could not have heard what happened, which is why you continued moving.

It’s worth noting right away that to prove your own innocence you will have to try very hard, because... in this case, the presumption of innocence will not work. To find out how to prove innocence for leaving the scene of an accident, but not use the above nuances, you can point out the unintentionality of this violation.

For such an action to be considered unintentional, the following must be proven:

poor visibility caused by weather conditions;

a minor incident in which there was no grinding, knocking or other sounds that clearly stood out against the general background;

In this case, it is likely that you will have to contact a lawyer or try to collect the relevant documents yourself.

To find out how to avoid liability for leaving the scene of an accident, it is advisable to immediately contact a lawyer or any legal consultant who can help. Often the options described above turn out to be of little use, so there are still several ways to resolve the situation if it does not threaten criminal liability:

try to come to an agreement with the victim before the traffic police arrive;

delay the trial, and then declare that the car was driven by proxy by another person who will give the appropriate confession (in this case, the trial will continue, but the statute of limitations of three months will leave all participants without punishment).

There is also a more extraordinary way: you can hide from court for more than three months, after which the statute of limitations expires. The court cannot consider a case without a participant in an accident due to Art. 25.1 clause 3

When considering a case of an administrative offense entailing administrative arrest or administrative expulsion from the Russian Federation of a foreign citizen or stateless person, the presence of the person in respect of whom the proceedings are being conducted is mandatory.

It often happens that it is almost impossible to prove innocence, but Article 12.27 is quite complex, so experienced lawyers can interpret it very ambiguously. Here there is already much more scope for action, because you only need to choose between two options:

mitigation of punishment (fine);

complete release from liability.

In any case, it will not be possible to do without an experienced lawyer, because it is almost impossible to avoid punishment for leaving the scene of an accident on your own. The specialist will be able to prove that the driver is not at fault in this sad fact, after which he will direct the case towards the insignificance of the incident. There is a whole list of examples that can be considered insignificant, including almost complete absence of damage to cars, you left information about yourself in any possible way, the victim of an accident does not make a claim, and many other options.

In most cases, the question of what to do if you leave (hide) from the scene of an accident arises only after you receive a summons requiring you to appear in court or the nearest police station. In this case, you must immediately contact a car lawyer who will conduct a detailed conversation and advise on all subsequent actions.

As long as you adhere to exactly the position recommended by the lawyer, he will make an official request and familiarize himself with all the materials of the case. After this, he will individually interview all witnesses and witnesses, and also clarify violations of his client’s rights by traffic police officers and other government bodies in the process of conducting the case. This will all end with the representation of the client’s interests in court, where the auto lawyer will present all the information received and try to mitigate the guilt of his client as much as possible, and in some cases even prove his innocence.

It is always important to remember that you can resolve the issue if you leave the scene of an accident, but this will require a lot of effort, and in some situations, even money. The current legislation is quite loyal to those people who left the scene of an accident, if everything was done in accordance with the letter of the law. In addition, a competent lawyer will achieve for you the most advantageous position in which leaving the scene of an accident turns out to be unintentional or completely necessary.

Knowledge of the laws and the help of competent specialists allows you to avoid punishment when leaving the scene of an accident, even in the most difficult cases.

Get qualified help right now! Our lawyers will advise you on any issues out of turn.

Today, legislation provides for punishment for hiding or leaving the scene of an accident. Responsibility here can be criminal or administrative. The first option is usually used when there are victims in the process, and the administrative procedure is applied without victims. This is exactly what we decided to talk about.

What are the dangers of leaving the scene of an accident?

Article 12.27 of the Code of Administrative Offenses contains a list of possible types of liability that does not require additions. Here, either deprivation of rights from a year to one and a half years or arrest for up to 15 days is applied. But leaving the scene of an accident now does not imply a fine, although many are interested in what will happen for leaving the scene of an accident under the new rules, meaning the size of the fine.

Hiding from the scene of an accident - what is the responsibility, punishment and fine under the law in 2018

The law no longer provides for a fine for leaving the scene of an accident, because this is ineffective from the point of view of suppression. Those. Even a large fine for many is not such a terrible punishment, so the number of such cases was quite significant. This is a serious offense and the driver must bear full responsibility for it, especially when it comes to victims. Of course, when the accident was not major. no one was hurt and the drivers “amicably” settled the conflict; no one will be punished or issued a fine for driving away. All other cases are dealt with according to the law.

Punishment for leaving the scene of an accident without injuries 2018

Leaving the scene of an accident even if there are no injuries is not advisable, although there will be no punishment for this. The investigation will focus on the second driver's complaint. who will most likely demand compensation for the damage caused. So that later in court you will not be surprised by the claims presented. It’s better to immediately wait for the traffic police officer and immediately draw up a report, sign it and know what exactly you are accused of. Otherwise, the person (participant in the incident/collision) will be held liable.

If you didn’t notice the accident and drove away, what will happen?

Many people are interested in what the threat is if they didn’t notice that they got into or provoked an accident and drove away (for example, in a parking lot)? Is there any punishment provided for here and to what extent are they deprived of their rights, maybe a fine is issued, and is such an action considered, again, abandonment of the incident?

The law does not consider this rule as possible to apply, which means that those who “did not notice, did not see, or did not hear” are still the culprits and do not have the right to leave the scene of the accident. Those. if you drive a car, be kind enough to see and hear everything. Moreover, in any situation one could refer to what one “didn’t see,” even if this was not actually the case. That is why such definitions are now not perceived in any way.

Leaving the scene of an accident, how to avoid liability?

“How to avoid responsibility” is probably the main question for many drivers. Firstly, we recommend not leaving the location initially. But if this does happen, you should immediately contact the traffic police and report this fact. And this must be done as quickly as possible, until a search is announced, because... That's usually where it ends. Secondly, attraction will be impossible if the statute of limitations has expired, which is now one year.

But the second option is possible only if the subject did not hide from responsibility and did not prevent the victim from his actions from achieving satisfaction. Otherwise, the statute of limitations will not apply in such cases.

How to prove innocence in an accident, judicial practice

It is important to know that here it will be very difficult, and in fact impossible, to prove your innocence. You cannot hide under any circumstances, and after an accident, any movement is prohibited. But here there may be exceptions, which are expressed in the following:

• the participant went to the hospital;
• assistance was provided to another participant;
• extreme necessity.

Those. unintentional leaving of place may be subject to a number of circumstances for which punishment should not be applied. But all this will have to be proven in court, and first you will need to provide confirmation of your arguments to the traffic police. Approximately a tenth of such cases end in favor of the participant who left the seat. Plus, you can come to a common denominator with the victim, which will give the court more reasons to believe the defendant. Otherwise, the decision can always be appealed.

Legal analysis of this norm in Russia has been carried out for more than one year. Many believe that sanctions against those who left the scene of the incident and left are now soft and need to be tightened. Someone says that in the Russian Federation this measure is very strict, and it is necessary to soften it somehow. But following the example of Ukraine, where this procedure currently presupposes imprisonment for 3 years (possible maximum), even severe punishment does not give reason to expect a change in the situation for the better.

Leaving the scene of an accident

The current regulations of 2015 provide for fairly severe penalties for leaving the scene of an accident. An offense such as spontaneously driving away from the scene of an accident is considered quite serious.

The driver will face punishment even if he did not notice how he became involved in the accident. This can happen when, for example, you carelessly scratched someone else’s car and drove away.

We suggest that you consider these situations in more detail in order to protect yourself from mistakes and thereby avoid liability for leaving the scene of an accident.

If you find yourself in a difficult situation, we are ready to provide free legal consultation on this issue. Contact our lawyer by phone to receive professional legal support!

Check out an example of a case we won:

Many car owners, turning to a law firm, begin the conversation with the question of what they face, according to the adopted standards of 2015. The following rules currently apply:

• Leaving the scene of an accident is possible if there are no injuries in the accident and both participants have no claims against each other.
• If one of the participants left the scene of the accident, despite protests from the second driver, this is the basis for initiating a lawsuit in which you will have to defend your interests.
• It is possible to temporarily leave the scene of an accident without punishment if, as a result of the accident, there are victims who require emergency hospitalization, but it is not possible to find other transport to transport citizens to a medical facility.

There is no special punishment for leaving the scene of an accident without injuries (2015) if two vehicles were involved in the accident, the drivers of which have valid MTPL policies.

If the participants do not disagree about who is responsible for the incident, you can file an accident without calling the police. Based on these documents, the insurer will make a compensation payment.

When studying information about what punishment is provided by law for leaving the scene of an accident according to the new rules of 2014, you should pay attention to the fact that, in addition to a fine and deprivation of rights, you may be faced with the need to compensate the insurance company for damages.

In this case, the insurer has a legal basis for filing a lawsuit against the culprit of the incident in order to recover the amount that was paid to the victim.

Thus, for a person who left the scene of an accident, the punishment for a rash act can become truly extremely severe and very unfavorable for the budget!

In 2014 and over the past period of this year, many motorists managed to avoid punishment for leaving the scene of an accident, as well as unfounded claims from the participants in the incident, since the necessary legal protection measures were taken in a timely manner, an objective assessment of the situation was made and the real guilt of each of the participants in the incident was established .

Is it possible to avoid punishment in the form of deprivation of rights for leaving the scene of an accident?

A very unpleasant consequence for a driver in the event of leaving the scene of an accident, according to 2014 standards, is a punishment in the form of a ban on driving for up to one and a half years. A recourse claim from an insurance company is also not a reason for joy.

Some drivers who have violated Part 1 of Article 12 27 consider punishment inevitable, so they refuse to even attend a court hearing and try to exercise their legal right to prove their innocence!

If your lawyer proves that you left the scene of the accident out of extreme necessity, we will talk about the absence of an offense, which entails the dismissal of the charges.

Thus, avoiding punishment for leaving the scene of an accident (12 27 part 2) is only possible if a good car lawyer represents your interests in court! If you need advice from a car lawyer, call our company - help is guaranteed!

Check out an example of a won case:

Unintentional leaving the scene of an accident, legal advice

Did you flee the scene of the accident? When does responsibility for leaving the scene of an accident occur? What awaits the victim in court? Even if you are innocent of the accident, the Russian Traffic Regulations categorically prohibit those involved in the incident from leaving the scene of the accident.

Violators face deprivation of their driver's license for up to 1.5 years or administrative arrest for up to 15 days.

Why can't you leave the scene of an accident?

The goal of the traffic police officers is to reliably establish the circumstances of the incident and the degree of guilt of each participant. Escape from the scene of an accident will not:

• accurately recreate the full picture of the event;
• determine cause-and-effect relationships;
• the possibility of resuscitating the at-fault driver in the future.

All this, ultimately, will allow interested parties to interpret the situation not in your favor and make you look guilty. Agree, a person who runs away without a reason will not look decent in the eyes of witnesses, traffic police officers and the judge. But what if this has already happened? Professional consultants of the website 33urista.ru will help you not to be left without rights.

How to avoid losing your driver's license when leaving the scene of an accident

1. Assert that there was no accident

The law of the Russian Federation excludes the liability of someone who left the scene of an accident if he really did not notice the traffic violation and, accordingly, left. The victim will not be punished for unintentionally leaving the scene of an accident. This is evidenced, in particular:

• minor damage to vehicles;
• high traffic density or poor visibility at the time of the incident;
• ambiguity of the controversial situation;
• lack of eyewitnesses and other circumstances.

2. Justify departure with an objective factor

It is allowed to leave the scene of the event due to the clearing of the roadway for other drivers, since it is prohibited to create obstacles for other traffic participants.

Document the previous location of the vehicle in the presence of witnesses in the form of a schematic drawing, as well as on a photo or video camera.

3. Confirm that you acted when necessary

Actions within the scope of extreme necessity are exempt from punishment. The driver, knowing what he was facing for the violation, still helped the pregnant woman get to the clinic, fearing an early birth.

Had he not left the scene of the incident, the consequences could have been much more serious. The court in such cases goes towards the fugitive.

4. Insist on reaching agreement.

If two drivers with compulsory motor liability insurance were involved in an accident, and no one was injured, then the absence of disagreements regarding the circumstances of the event and the damage caused excludes punishment.

Mutual consent is confirmed by a corresponding receipt. To do this, provide the police with the road accident diagram you have drawn up and the completed notification form required in accordance with the driver’s civil liability insurance regulations.

5. Justify leaving the scene of an accident for a medical reason

Confirm with a certificate from a medical institution that after the accident you or other victims needed urgent medical care, and it was impossible to entrust delivery to third-party drivers due to their lack of availability or refusal.

Other motives, the victim’s persecution of the culprit of the accident, the fear of being late for work or a meeting with a partner will not justify your misconduct.

6. Wait until the statute of limitations expires.

You can be charged for leaving the scene of an accident within 3 months from the date of violation. Therefore, the longer you evade the police, the better for you. During this period, it is better not to use vehicles, otherwise you will not get further than the nearest post. If a traffic police officer draws up a report, there will be a trial.

If the case is already being considered by the court, then the failure of the offender to appear in cases of his mandatory presence at the trial entails the termination of administrative proceedings.

7. Agree to be arrested

If the above methods do not have any effect, in order to save your driver’s license, it is better to ask the judge to apply an arrest, no matter how strange it may sound.

For people whose work activity is directly related to motor transport, it is much more difficult to endure the deprivation of the right to drive.

8. Take advantage of legal support

If the threat of punishment becomes real, seek professional help. The resource's lawyers will study the situation in detail and tell you how to avoid liability and not lose your driver's license.

Each case is individual and requires careful legal analysis. Certain nuances of the case that were not paid attention to can play a fundamental role. Without knowing the specific law, it is impossible to protect yourself on your own. By enlisting the support of auto lawyers, you:

• collect evidence;
• resolve the dispute with the insurer;
• keep your driver's license;
• you will get out of the situation without serious consequences.

Note to drivers

Remember that after the incident it is prohibited to consume alcohol, drugs and psychotropic drugs. For this you will incur penalties in the amount of 30 thousand rubles. and lose your license for 2 years.

The increasing number of cases of escape from the scene of an accident has attracted the close attention of legislators. Therefore, at the end of 2015, a draft law was introduced to toughen the punishment for leaving the scene of an accident and apply imprisonment for up to 5 years.

“Hit and escape”: what threatens the driver who left the scene of an accident in 2018

Drivers involved in an accident are required to wait until the traffic police arrive. For leaving the scene of an accident, the person responsible for the accident is subject to serious sanctions. Sometimes drivers involved in road accidents independently draw up a European protocol.

Interpretation of the “escape” from the scene of the incident

Paragraph 2 of Article 12.27 of the Code of Administrative Offenses provides for punishment for leaving the scene of an accident. This interpretation dates back to 2008. It states that punishment applies to all participants in an accident, be it the guilty driver or the victim. However, if the offender, under stress, drove away from the scene of the incident and then returned, severe penalties will not be applied to him. Cases of extreme necessity are also a mitigating circumstance of the guilt of the person who left the accident.

Options for the development of events

There are several options for the development of events that affect the application of punishment in relation to those who are involved in an accident. Most often, traffic police officers have to organize a search for cars that fled the scene of an accident in the database. The reason for this is the desire of those involved in the accident to escape from problems.

The culprit disappeared

The offender may drive away due to inattention - he does not see that he has hit someone else's vehicle. When leaving a parking space or turning around, the driver may slightly hit a nearby car. The long wait for State Traffic Inspectorate employees is another reason for the reluctance to stay where everything happened. At the same time, the victim is faced with the question: “What to do if the culprit of the accident fled the scene of the accident?”

The injured driver drove away

It is not uncommon for an injured driver to leave the scene of an accident. He does this when he is late for something, considers the damage to be insignificant, or is forced to take a victim of an accident to a medical facility. The one who bears the blame for what he did cannot decide what to do if the second participant in the accident fled the scene. It is worth taking a receipt from the latter about the absence of claims if the drivers decide to separate. Otherwise, you need to wait for the traffic police.

Both left

If both participants in the accident left the scene of the accident, the only remark from the traffic police will be that they left the location of the accident. However, they have the right to independently record what happened in the European protocol and leave without any consequences for themselves. This action can be performed under the following circumstances:

• Only the car was damaged;
• two cars collided;
• cars are insured by MTPL;
• drivers do not make claims against each other.

Sometimes both the injured and the at-fault drivers do not want to be present at the proceedings and fill out the paperwork. They are leaving by mutual agreement. The subsequent appeal of one of them to court will entail punishment for both.

Penalties

Leaving the location of the accident, the driver bears administrative responsibility. The punishment for leaving the scene of an accident may undergo changes in 2018. There are proposals to tighten penalties for violators. However, the majority are against such innovations. Since no agreement was reached on this aspect, the scope of punishment remains the same, but when assigning it, judges are guided by the characteristics of each accident case.

Penalties

Sometimes the person who is accused of causing an accident leaves the scene and then returns. If he returned before the traffic police arrived, then, according to paragraph 2, paragraph 12.27 of the Code of Administrative Offences, the arrest or deprivation of rights is unlawful. The fine for leaving the scene of an accident is 1 thousand rubles. It is imposed for neglecting the rules of conduct in case of an accident.

Deprivation of rights

There were no injuries in the accident

After an accident, where there are no victims or conflict situations, drivers are allowed to drive away. They are protected from punishment. If the conflict is not resolved, in 2018 there is a penalty for leaving the scene of an accident without injuries - restriction of freedom or driving privileges.

Collision causing injury or injury

Sometimes an accident involves injuries to the victims, but the driver ignores this moment and drives away. This is interpreted as a crime (“Leaving in danger” - Article 125 of the Criminal Code of the Russian Federation). In this case, the list of punishments for escaping from the scene of an accident looks like this:

• fine from 80,000 rubles to total income for 6 months;
• public work (360 hours) or compulsory type (year);
• arrest (3-12 months).

In addition, the insurer requires the driver at fault in the accident to pay monetary compensation to the victim. Determining the severity of damage to health in an accident will help determine the payment.

Death in an accident

An accident resulting in death entails criminal liability. In this case, the administrative punishment for leaving the scene of an accident is replaced by a criminal one. If the driver is proven guilty, he is deprived of his rights, and the question of restricting his freedom arises.

Features of an accident in the yard

Sometimes a driver can “catch” another car when leaving the yard, parking or turning around. He can simply go out to see what happened and leave a note on the windshield of the damaged car, citing the long absence of its owner or the inability to wait for the traffic police. After which he leaves. If the owner of the affected car does not want to contact the offender, then he calls the traffic police. The culprit of the incident is faced with the question of what will happen if he leaves the scene of an accident in the yard? Most often, such a violation is punishable by a fine of 1 thousand rubles. Sometimes administrative arrest (no more than 15 days) or deprivation of rights (from 12 to 18 months) is imposed.

Limitation period of administrative punishment

The statute of limitations for leaving the scene of an accident is 3 months. After this period, administrative punishment is not applicable to the driver. He is punished for other offenses. Among them:

• harm to health;
• factors that relate to drunkenness (driving while drunk, giving it to someone intoxicated, or drinking alcohol after an accident);
• ignoring the requirement to undergo a medical examination.

The statute of limitations for road accidents in these cases is limited to 1 year.

Compensation for damages from the culprit

The injured driver, if the culprit of the accident fled the scene, has a question: “How to get insurance?” Cases under compulsory motor liability insurance and motor insurance differ significantly.

According to OSAGO

It is more difficult to obtain compulsory motor liability insurance if the culprit fled the scene of an accident than in the case of a comprehensive insurance policy. This is explained by the fact that OSAGO insures the driver’s liability. Compensation is paid not by the insurance company of the injured driver, but by funds from the fund of the insurer of the person responsible for the accident. Since the culprit of the accident has not been identified, the insurance company cannot pay the amount necessary to compensate for the damage. However, the injured driver has the opportunity to defend his rights using the following methods.

1. Search for a runaway driver by signs, through witnesses or recordings on the DVR. At the same time, the traffic police will be able to cope with their work faster. If the offender is found, then the question of how insurance is paid in case of an accident will disappear by itself. It is enough to bring your problem to the insurer or to court.
2. Contact your insurance company. You should go there if the offender has not been found. In this case, you have to spend money on the trial and examination. Most often, compensation for an accident is less than the costs themselves.

It is easier to solve the problem if you have a comprehensive insurance policy.

By comprehensive insurance

Compensation for damages for an accident under comprehensive insurance implies the provision of compensation, even if the damage to the insured car was caused during an accident by unknown persons. The disadvantages of such insurance are its high cost and the need to include a number of additional clauses in the contract. Before drawing up an agreement, you should consult with a lawyer.

When can both drivers pass in an accident?

If a minor accident occurs and one of the participants leaves the scene, and the other driver does not make any claims, then he, too, can leave the location of the accident. However, sometimes drivers do not want to leave and decide to independently record the fact of a car accident. Registration of an accident without the traffic police is the preparation of a European protocol. This is possible subject to the following conditions:

• There are only two participants in the accident;
• each of them took out insurance under MTPL;
• there are no disagreements on any issues related to what happened;
• the damage amounted to no more than 50,000 rubles;
• no people were injured;
• no damage was found to property other than the car.

Only when these circumstances are taken into account are participants in an accident exempt from punishment for an administrative offense.

The violator is faced with the question: “How not to lose your license for leaving the scene of an accident?” Mitigation of punishment is possible only under compelling circumstances. They are spelled out in Article 4.2 of the Administrative Code. These include:

• repentance for the committed act;
• surrender (including returning to the scene of an accident after it has been recorded);
• voluntary payment of compensation;
• being in a stressful state;
• proven fact of difficult life circumstances;
• the offender has a status that mitigates guilt (a woman in a position or with small children, a minor citizen).

If someone scratched someone else’s car, but did not notice it themselves and left the scene of the accident, then the punishment is mitigated after receiving evidence in the absence of malicious intent.

Protection from unfounded accusations

When answering the question of how to avoid liability for leaving the scene of an accident, it is worth paying attention to the unintentionality of this act. This fact must be proven independently or with the involvement of lawyers. You can protect yourself from unfounded accusations in the event of a proposal from the victim to leave by asking him for a receipt indicating that there are no claims. You also need to take a receipt if there are claims, but there are no disagreements on resolving the conflict. They indicate the local and time frame of the accident, the scope of defects, and the amount of compensation.

If you didn’t notice the accident and drove away

Sometimes you have to prove that you are right if you left the scene of an accident without realizing that it was a collision. The most common reasons for this are poor visibility due to weather, loud noise in the car, a minor collision (there was no characteristic sound or shock). Unintentionally leaving the scene of an accident is a definition that is not found in legislative acts. The penalty for this is the same as for a deliberate violation. However, if it is proven that the scene of the accident was left due to inattention, the driver has the right to demand a minimum penalty - a fine or warning.

An example from judicial practice

It is possible to cancel unfair punishment. In one of the provincial cities, a motorist did not notice the collision and drove away. Subsequently, having discovered damage to the car, he returned before the traffic police arrived. The offender remained to draw up a report. The district court ignored the presence of mitigating circumstances and limited the driver’s right to drive a car. The Supreme Court overturned this punishment, citing the presence of the perpetrator of the incident during the preparation of the protocol. The deprivation of rights was replaced by a fine.

The article was written based on materials from the sites: zakon-auto.ru, ogic.ru, avtoyurist.net, 33urista.ru, voditel.guru.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

New edition of Art. 12.27 Code of Administrative Offenses of the Russian Federation

1. Failure by a driver to fulfill the duties provided for by the Traffic Rules in connection with a traffic accident in which he is a participant, except for the cases provided for in part 2 of this article, -

shall entail the imposition of an administrative fine in the amount of one thousand rubles.

2. Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant -

entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

Like

shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

Commentary on Article 12.27 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is road safety, Traffic Rules.

Offense under Part 1 of Art. 12.27 is characterized by an unlawful act and is expressed in the driver’s failure to fulfill the duties provided for by the Traffic Rules in connection with an accident in which he is a participant (for example, failure to report the incident to the police, failure to use emergency alarms, failure to take measures to provide medical assistance, etc.). According to clauses 2.5, 2.6 of the Traffic Rules (as amended by Decree of the Government of the Russian Federation of January 24, 2001 N 67), in the event of a traffic accident, the driver involved in it is obliged to:

Immediately stop (do not move) the vehicle, turn on the hazard warning lights and display an emergency stop sign in accordance with the requirements of clause 7.2 of the Rules, do not move objects related to the incident;

Take possible measures to provide pre-hospital medical care to the victims, call an ambulance, and in emergency cases, send the victims on a passing one, and if this is not possible, deliver them in your vehicle to the nearest medical facility, provide your last name, registration plate of the vehicle ( upon presentation of an identification document or driver's license and registration document for the vehicle) and return to the scene of the incident;

Clear the roadway if the movement of other vehicles is impossible; if it is necessary to clear the roadway or deliver victims in your vehicle to a medical facility, first record in the presence of witnesses the position of the vehicle, traces and objects related to the incident, and take all possible measures to preserve them and organize a detour to the scene of the incident;

Report the incident to the police, write down the names and addresses of eyewitnesses and wait for the police to arrive.

The subjective side of part 1 is characterized by guilt in the form of negligence.

2. The objective side of Part 2 of Art. 12.27 is expressed in the driver leaving the scene of an accident in which he was a participant. The subjective side of part 2 is characterized by guilt in the form of intent.

3. The subject of the offense is the driver who had responsibilities in connection with the accident, provided for by the Traffic Rules.

From January 1, 2008, a new part 3 of Article 12.27 will be in force, providing for liability in the form of deprivation of the right to drive vehicles for failure to comply with the requirement of the Traffic Rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved , or after the vehicle was stopped at the request of a police officer, before an examination is carried out by an authorized official in order to establish the state of intoxication, or before the authorized official makes a decision to exempt from such examination.

Another comment on Art. 12.27 of the Code of the Russian Federation on Administrative Offenses

1. The object of the offense is road safety, life and health of citizens, traffic rules.

The offense formulated in the disposition of Part 1 of Article 12.27, from the objective side, is characterized by an unlawful action (inaction) and is expressed in the driver’s failure to fulfill the obligations provided for by the Traffic Rules in connection with an accident in which he is a participant.

Failure to fulfill obligations in connection with an accident may manifest itself, for example: a) in failure to use an emergency signal and an emergency sign; b) in failure to take possible measures to provide pre-hospital medical care to the victims, in failure to take measures to call an ambulance, and in emergency cases - to send the victims along the way, and if this is impossible, in one’s own vehicle to the nearest medical institution, release the roadway if the movement of other vehicles is impossible; c) failure to take all possible measures to preserve traces of the offense and organize a detour to the scene of the incident; d) failure to report the incident to the police, etc.

Considering that the disposition of Part 1 of Article 12.27 is blanket, in order to bring the perpetrator to administrative responsibility it is necessary to establish what special rules were violated.

2. The objective side of Part 2 of Article 12.27 is characterized by an illegal action and is expressed in the driver leaving, in violation of the Traffic Rules, the scene of an accident in which he was a participant.

The offense provided for in Part 2, according to its legal structure, forms a formal offense. It is considered completed at the moment of leaving the scene of the accident. The same act, if consequences occur, is qualified under Article 265