The latest innovation used by GIBDD – digital signature, – the angered car lawyers. They argue that the use of such a complex and even costly tool in appeals against fines infringes the rights of car owners. Especially those who are at odds with modern technology.
Expert on road safety of the Russian popular front Catherine Solovyov appealed to the Prosecutor General with a request to check the procedure of automobile fines in electronic form, providing assurance on the letter paid of the electronic digital signature (EDS). Activist and group of motorists believe that this requirement severely violates the rights of car owners.
“The population to the introduction of electronic digital signatures just do not ready”
Note that the cost of obtaining such signature accredited centre under Ministry of communications is 1.5 to 4 thousand rubles, and, according to the Complainant, thus, drivers are forced to use additional paid services.
October 18, the press service of the Prosecutor General of Russia appeal Solovieva officially confirmed. The Ministry reported that it will be considered in the General order within 30 days.
The newspaper VIEW avtoyurist on the fact and the grounds for the complaint told herself. Kateryna Solovyova explained that it is not only to pay for the creation of an electronic signature, and that the population to implement it just massively not ready (according to the newspaper “Kommersant”, the electronic signature are only 4% of Russians – approx. OPINION). In addition, it entails additional expenses in the future.
“You know, 1.5 thousand rubles – this is only a one-time expenditure. But the fact that there is such a thing as annual maintenance. That is for you to get once a year updated keys, etc., you also will need to pay,” – said the expert.
Since the electronic signature in Russia is not so many people, its use only for filing a complaint in the traffic police turns out to be disadvantageous for those car owners who are rules of the road violates not as often, or for a small amount. In this case, the decision to appeal against the decision may cost several times more than the fine. Besides, there is always the presumption of innocence.
Three channels of complaint
While the police can submit a complaint three channels. First, the most traditional – come to the office of the state traffic Inspectorate and to put his letter into the “box hits”, the second email, the third, the modern – via electronic service on the website traffic police.
“In the course of using the service it was found that there is a limit. It is that complaint from a citizen is only accepted if it is signed with a digital signature. While there is more and please specify the signed complaint of EDS or not. This suggests that the site is simply not designed for its detection. Since the Code of administrative offences does not contain any restrictions with respect of filing of such documents, we believe that it is a violation of rights, entailing the creation of additional administrative barriers in relation to the citizens”, – said the lawyer.
“For example, if you live in the metro area and work till 10 PM, post ten times closed, and by law, a complaint may be submitted until midnight of the last day. How do you do it? Remains site, it for this was created. And there you say: “Attach a digital signature, and then we will take the complaint”. I understand that any grandmother will not be able to do so. We have a population not ready for this,” said Solovyov.
Indeed, according to the 59-mu to the Federal law (“On order of consideration of references of citizens of the Russian Federation”), to complain on the authorities permitted both in electronic and in written form, without restrictions and words on EDS.
Fines for traffic violations and their contestation are under the jurisdiction of the code of administrative offences. There is a similar procedure and also there are no restrictions, and mentions the concept of “digital signature” in the Chapter on appeal of decisions rendered.
Misinterpreted in the regions
In this regard, the lawyer hopes, by reporting through the Prosecutor’s office to remove from the forms of the traffic police links to EDS and to compel the traffic Police to accept the complaint without the signature.
“Actually, half of the regions receives complaints in the usual manner, without EDS, and a number of constituent entities of the Russian Federation took some information as a Directive, and there gradually became EDS to implement. I will say more, in Moscow in that year, the police with citizens demanding digital signature, but we complained and it was deemed illegal, and in the most of the traffic police,” – said Solovyov.
As writes “Kommersant” in the state traffic Inspectorate explained that in respect of complaints on resolutions on administrative violations there is a special procedure for the consideration that follows from the administrative code: the appeal against the penalty can only be a party to the proceedings of an administrative offense or by his legal representative. Therefore, the applicant must identify, and the only way to do that is explained in traffic police of Russia – with the help of digital signature or letter with a traditional signature.
At the same time in traffic police consider that filed electronically the appeal should be considered a document because it begins with the administrative complaint procedure. This means that it is subject to the requirements for electronic documents, as stipulated in the law “On electronic signature”.
The traffic police said: a single departmental rules requiring regional management of the state traffic Inspectorate to require electronic signature, does not exist. On the official website of the state traffic Inspectorate published a recommendation (for offices in the regions) to request a digital signature of the citizens, but the regions themselves make the decision to follow it or not.
The problem of appealing against penalty decrees escalated in the past two years, including in connection with the increase in the number of cameras commit violations. In particular, at the end of August it became clear that the Metropolitan system of video fixing of infringements of traffic regulations do not distinguish between the cars that violate the rules from his shadow and glare falling on forbidden to cross the zone.