18 of August. The Supreme court of the Russian Federation took important for all motorists the decision to restore the rights of the woman who left the scene of a traffic accident and returned there by the time of arrival of the traffic police.
According to the panel of the Supreme court, this behavior does not fall under action of article of the Code of administrative offences - failure to comply with obligations in connection with a traffic accident (i.e., leaving the scene of an accident).
Recently the armed forces have considered several important cases concerning drivers. Recall that the law requires drivers to remain at the scene until, until you have complied with all legal formalities: there will arrive employees of traffic police, will make the Protocol or the parties will be evroprotokol, etc.
However, sometimes life surprises for lawyers, so even the judges made a mistake when dry provisions of the law. For example, a resident of St. Petersburg as driving around the yard, grazed another car. She acted like an honest driver left the scene of the accident, and left. The truth is drove away from the scene of the crash, and waited for the police. Inspectors her act was not appreciated and made the report that she left the scene of an accident. Lower courts agreed with the police and deprived the woman of a driver's license for a period of 1 year.
The Supreme court looked at the matter differently. "The fact that immediately after the accident the woman drove away from the scene of the accident a short distance, where he was to await the arrival of the police, no evidence of the presence in its actions of structure of an administrative offense under part 2 of article 12.27 of the administrative code", - stated in the decision of the Supreme court, published in "Rossiyskaya Gazeta".
Of course, the woman was not quite right when I drove off. She had to stop, switch a warning flasher on, put a warning triangle and await the arrival of the police.
However, you cannot say that this is a "leaving the scene of an accident." This article provides that a person completely disappeared, fled the scene of the accident.
Article 12.27 of the administrative code has three parts – two parts, including serious responsibility, and one providing an easier responsibility. This, the first part, which is a penalty in the amount of 1 thousand rubles, and had to apply to the woman. But now it's too late to talk about it. The fact is that until the case came to the armed forces, driving license, the woman had taken so if you subscribe to the woman fine, you get a second punishment for the same violation, which is unacceptable.
Therefore, the Board of the Supreme court was limited by the fact that returned to the woman's driver's license. Justice, albeit late, is done. In the future, this case will become a lesson for police officers and judges. It is wrong to severely punish drivers who from the accident scene ran.
But to leave the scene of an accident without Protocol drivers is strictly prohibited. So in another case, the Supreme court has confirmed the punishment to the driver who tried to challenge the court's decision on deprivation of his rights.
The accident occurred in the Leningrad region. Citizen of the City in the Parking lot near cafe on the road slightly touched the bumper of another car. Between the owners, a dispute arose. Reaching agreement on what happened with the other car owner, citizen of the City left the scene of the accident. At trial, the citizen tried to prove that the accident was not. "After the accident, the driver was stopped, had a dialogue with citizen R., but decided to leave the scene of an accident, - says the decision of the armed forces. – As a result of this accident the vehicle of the citizen R. was caused by paint damage front bumper and skirts front bumper". Based on the case materials, the court decided to deprive the citizen of rights for a period of 1 year. The Supreme court found this decision lawful.
Next it comes to animals. In the town of Sosnovy Bor (Leningrad oblast) driver citizen J. ran over a dog and fled. Would it be considered leaving the scene of an accident?
From a legal point of view, is not so simple, and judicial practice in such cases varies. Definitely feel sorry for the animals, but is it possible the driver that hit the dog and left, to blame something other than cruelty?
The driver can be punished only in case if the dog will be owner. From the point of view of the law, Pets are property. Bumping someone's dog, the driver causes damage to property. So, the incident is regarded as a complete accident, and the driver should call the traffic police.
In this case, the victim has been recognized as the one who was walking the dog. He explained that he was walking in the intersection when passed the car of the citizen of the R. I hit a dog.
The lower courts have deprived of the driver's license for 1 year and 1 month old. In the Supreme court of the Russian Federation drew attention to the fact that the documents the Complainant is the owner of the dog. The real owner of the dog did not participate. Therefore the decisions of lower courts were reversed and the case is closed due to the expiry of the limitation period.
Author: Andrey Borisenko
