Екатерина Чернявская
kalinovsky / Depositphotos.com
Группа депутатов Госдумы во главе с Игорем Лебедевым предложила расширить число альтернативных видов наказаний за указанное деяние и включить туда административный штраф в размере 5 тыс. руб. Сейчас возможными санкциями за оставление водителем места ДТП являются лишение права управления транспортными средствами на срок от одного года до полутора лет или административный арест на срок до 15 суток (ч. 2 ст. 12.27 КоАП).
Разработчики документа1 обратили внимание на тот факт, что суды ограничены в назначении административных арестов за совершение упомянутого правонарушения. Ведь ему, в частности, нельзя подвергать беременных женщин или имеющих детей в возрасте до 14 лет, лиц, не достигших 18 лет, инвалидов I и II групп, военнослужащих и отдельных должностных лиц (ч. 2 ст. 3.9 КоАП РФ). В качестве обоснования приведена статистика Верховного Суда Российской Федерации, согласно которой в прошлом году этот вид наказания был назначен около 1 млн человек, причем из них за оставление водителем места ДТП – только 17 тыс. человек, что составляет 1,7% от общего числа арестованных. Таким образом, лишение водительских прав на срок от одного года до полутора лет остается единственным видом наказания за это деяние, отметили депутаты.
Какие документы для получения страхового возмещения или прямого возмещения убытков при угоне необходимо представить в страховую компанию? Узнайте ответ в «Домашней правовой энциклопедии » интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Также они выделили ситуации, когда водитель формально подлежит наказанию по ч. 2 ст. 12.27 КоАП РФ и будет лишен права управления транспортным средством, хотя фактически не причинил вреда общественным отношениям. В качестве примеров приведены случаи, когда ДТП обошлось без причинения вреда и в нем был единственный участник, или когда участник происшествия отлучается на время и затем возвращается на место ДТП.
Отметим, что та же группа депутатов в начале ноября внесла в нижнюю палату парламента законопроект о введении административного наказания за задержку возврата транспортных средств. А с 20 октября текущего года водителям – нарушителям ПДД для получения прав назад нужно уплатить все штрафы.
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1 С текстом законопроекта № 596290-7 «О внесении изменения в статью 12.27 Кодекса Российской Федерации об административных правонарушениях» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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