The penalty for “rabbits” will determine the law

The penalty for “rabbits” will determine the law

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The Ministry of transport proposed to give “self-employed” carriers the right to control the payment of transport to payment of a fine of 20 times the amount of the ticket

The Ministry of transport of Russia has developed a bill aimed at “improving relations in the area of establishing responsibility for ticketless travel in road transport and urban ground electric transport”. The penalty for ticketless travel or unpaid Luggage in the urban and suburban proposes to establish a 20-fold amount of the full cost of the ticket. The transport Ministry expects to end this year to make the agreed version of the bill to the government.

As told “Izvestia” Director of the Department of state policy in sphere of automobile and city passenger transport of Ministry of transport of Russia Alexei Bakirey, the decision of urgent problems of establishing responsibility for ticketless travel is very forward in the regions. Today, due to gaps in the legislation legal responsibility for ticketless travel is established far not in all subjects of the Russian Federation, which affects the revenue of the carriers.

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Currently in 63 constituent entities of the Russian Federation (85) in accordance with regional codes about administrative offences establishes administrative responsibility for ticketless travel.

According to the Ministry of transport, in 17 subjects of the Russian Federation is not established the administrative responsibility for ticketless travel and baggage allowances without charge, in eight regional legislation regarding administrative responsibility for ticketless travel was revoked.

Responsibility for ticketless travel in the Krasnoyarsk region, for example, was not installed in accordance with the conclusion of the Prosecutor’s office in Ulyanovsk region in connection with absence of necessary authority. These decisions were based on the illegality of establishing responsibility for ticketless travel by the laws of constituent entities of the Russian Federation. The fact that transportation by automobile transport and urban ground electric transport are regulated by the Federal law “the Charter of road transport and urban ground electric transport” (hereinafter — the Charter), which excludes the establishment of administrative responsibility for violation of local laws.

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After discussion of the various variants of the concept appeared new, which in the end, we are now staying, is a combination of two variants. It provides for administrative liability in accordance with regional law and civil law, — said Alexey Bakirey.

To transfer Supervisory functions to the Ministry of transport carriers offers the following two cases — during transport at non-regulated tariffs and when they receive at their disposal the entire fares passengers and Luggage. In this case the civil penalty for fare evasion or unpaid baggage in urban and suburban proposes to establish a 20-fold amount of the full cost of the ticket. For all other regular traffic — five times the amount of the tariff for transportation of passengers on distance of 100 km and a 20-fold amount of the cost of transportation of baggage.

While officials empowered regional authorities will have to continue to control travel costs where the state or municipal contract establishes the obligation of the carrier obtained the fare of passengers and baggage to transfer to the budget. In this case, the stowaway will have to pay a fine in the amount established by regional laws on administrative offenses.

According to Alexei Bakirey, initially, the Agency analyzed three variants of the concept, but they were all rejected. The first option is the introduction at the Federal level, a single administrative penalty. From has decided to shut down due to inappropriate administration of such Federal bodies as well as the specifics of the regions. The second option is the consolidation of powers in this sphere to regional governments, but the analysis of the experience of the regions has been inconsistent. A third option is to abandon the establishment of administrative and to impose civil fines, which would be managed by the carriers themselves. Such a scheme is currently used in railway transport.

As explained by the “Izvestia” independent analyst Dmitry Demidov, the Ministry of transport in this matter was faced with typical Russian management conflict: the real needs of the transport system of the country is not very well fit into the established regulations.

Director of the Institute for transport Economics and transport policy HSE Mikhail Blinkin supported the intention of the Ministry of transport to eliminate the existing legal gaps to ensure completeness of the collection of tolls.

— Regional companies of urban transport a very weak financial position. Even a few percent of the additional revenue is essential for them. As for the fines, they should be prohibitive to deprive economic sense ticketless travel. In this sense, the 20-fold amount of the fine is a significant level, — explained the “Izvestia”, Mikhail Blinkin.

Now in 63 subjects of the Russian Federation in accordance with regional codes about administrative offences establishes administrative responsibility for ticketless travel. The fines range from 20 rubles to 1 thousand rubles. For example, in the Jewish Autonomous oblast is a fine of 20 rubles, in Sevastopol — 200 rubles, in St. Petersburg — 500 rouble in Moscow and Moscow region — 1 thousand rubles.

The offer of Ministry of transport of Russia now begin to study in different regions of the country. St. Petersburg state unitary enterprise passazhiravtotrans “Izvestia” said that the control of fare collection is carried out by employees of municipal institution “transport Organizer”. The powers of the conductors of the carrier are limited only by the offer to pay the fare and in case of refusal — request to exit the vehicle and call the police. A similar situation exists in many other regions — almost ubiquitous practice of using conductors. Despite the fact that they have no authority inspectors, their presence in the cabin disciplinarum passengers.

The member of Lawyer chamber of Moscow region Victor Naumov considers it appropriate to establish at the Federal level, a uniform approach to legal liability for ticketless travel.

— These amendments have long had to make to the legislation of the Russian Federation, so the chances that they will be large enough, — has told “news” Victor Naumov.

Prepared by Ministry of transport of the bill to amend the Federal law “the Charter of road transport and urban ground electric transport” and the Russian Code of administrative offences.