Charging parking fees. What legal and legal ways to not pay for parking exist? I paid the fine, but later they sent me a decision to cancel the fine. What to do

In Russia, at the end of 2017, the State Duma approved a new law on the organization of paid parking in the courtyards of residential buildings. The project was considered and finalized for 5 years, but so far many nuances remain in question.

Let's talk about the main provisions of the new law.

The essence of the law on paid parking in the yards of residential buildings - who benefits from the organization of paid entry into the yards?

Federal law number 1047264-6 is popularly known as the law on the introduction of paid entry into cities of various kinds of vehicles.

Since the law was revised several times, it was given a different name - "On the organization of traffic in the Russian Federation".

The essence of the law is:

Establish a unified legal framework for drivers driving different categories of vehicles.
Determine the powers of authorities at all levels - federal, regional and municipal.
Specify the rights and obligations of the regions, which should ensure the correct organization of traffic.

The law is aimed not only at creating paid parking spaces and determining restrictions on entry into major cities of the country for certain categories of vehicles established by law, but also at carrying out other comprehensive measures to organize safe and correct traffic in a certain area.

For example, the regions will have to consider the following questions:

Creation of new routes for the organization of regular transportation.
Formation of infrastructure for cycling.
Provision of alternative passage due to repair or construction works for some sections.
Determining the time of day and days when the passage of vehicles that belong to a low environmental class will be prohibited.
Creation of complex schemes for the organization of traffic. It is planned to introduce schemes for 15 years and adjust them every 5 years.
Establishment of free and paid parking in the yards of residential buildings with the coordination of the issue with the owners and residents.

Important concepts and terms are fixed in the law. In addition, the recommendations of the Ministry of Transport on any of the above issues are spelled out.

Note that this law introduced special rights for vehicles of the FSO, the Russian Guard, the RF IC, the police, the fire service and law enforcement agencies. Cars can park vehicles anywhere, and for free, as they use the parking lot while performing their duties.

Undoubtedly, all road users benefit from the adoption of the new law, since complex measures will be aimed at security improvement.

As for the issue of paid parking, both residents will benefit (perhaps they will be able to agree on providing free parking spaces for themselves), and the local administration, because additional revenues will go to the local budget.

Who has the right to decide on the organization of paid parking in the courtyard of the house?

The decision to organize paid or free parking can be made by:

Residential house owners- in the event that the land located on the territory near the high-rise building belongs to the collective property. The issue will be decided at a general meeting of tenants. For a positive decision on the creation of paid parking, the owners must collect at least 2/3 of the votes. Owners themselves can become initiators. If the initiative does not come from them, then no one will be able to force the creation of a parking lot on the intra-house territory. This is stated by the LCD RF.
Regional authorities- in case the land belongs to the municipality. Representatives of the local administration will decide the issue based on the documentation - and, of course, taking into account the opinion of the owners of residential buildings, which are adjacent to the territory planned for paid parking. It is possible that public hearings will be held, where the opinions of residents will be considered. But, most likely, in practice, the opinions of the owners will not have significant force.

Deciding whether paid parking is necessary in a certain area will be not only the local administration and owners of residential buildings, but also representatives of the State Cadastre, the Ministry of Transport of a certain region.

Features of determining the status of a site for paid parking in the yard

Of course, paid parking will be the responsibility of the local authorities. The area where the construction of a parking lot will be planned will be determined taking into account all cadastral documentation and plans.

Note e, that the land that was not on the cadastral register will belong to the municipality. It will be administered by the local administration. And the land that was registered and registered in the collective ownership of the residents will be classified as private property. The tenants themselves will manage it.

You can check the status of the land on the official website of Rosreestr. You can also get information in person at the USRN, while talking with the cadastral engineer.

According to articles 12 and 13 new law, certain requirements will apply to paid parking lots. Some points prohibit the organization of paid parking on land located near educational institutions (kindergartens, schools), as well as sports organizations, public clinics and hospitals.

On the decision to build a parking lot, regional authorities should notify tenants in advance. There is no set deadline.

If the requirements are met, residents and citizens will be aware of where parking will open and when it will be possible to park on it.

The cost of parking in the yard, the procedure for payment and benefits - who regulates the prices for parking, who receives the money, and will there be benefits?

We will answer the main questions that many owners of many apartment buildings have.

1. What is the cost of parking and who will set the rates?

Tariffs for the use of parking will be set at the regional level by representatives of the regional authorities. This is stated in Article 6 of the new law.

Tariff rates will be set by the Ministry of Transport of the Russian Federation, but they will not be mandatory, but only recommended. Of course, the regional authorities will not be able to set the tariff lower, but they will be able to raise the rate.

2. Who gets income from parking?

The money that will accumulate from parking will be credited to the account of an individual entrepreneur or legal entity. The money will be sent to the account of the owner of the land.

For example if the owners are the residents of the house, then the income will be sent to them through the HOA, a housing cooperative or a management organization.

In order to receive funds, it will be necessary to register an individual entrepreneur with the tax service.

If the owner of the land is a municipality, then the income will be transferred to the local budget.

3. What is the payment procedure?

Automated terminals will be installed in the parking lots, where it will be possible to pay in cash or non-cash. This is spelled out in article 13 of the new law.

4. Will there be a fee for parking for everyone, and who will be able to get benefits?

First of all, categories of citizens who established at the federal or regional level preferential.

For example, these are the disabled, veterans.

These include: firefighters, police officers, ambulance workers, etc.

And one more important nuance - the owner of the parking lot will be able to independently set the categories of citizens who will use the parking lot for free. It could be residents.

5. Will it be possible to rent land for parking from the administration?

Previously, it was possible, but now the issue will become more acute, because parking will bring additional income.

Nevertheless, the owners or the citizen involved in the organization of parking lots will be able to agree on a lease.

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The main reason for the massive launch of new paid parking zones throughout the country is the introduction of modern payment collection mechanisms, as well as control over violators. There are legal and illegal ways to avoid paying for the use of paid parking lots, we will consider only the first ones.

How paid parking works

The new control system is based on fixing the license plate of a vehicle parked in a paid area and then checking it with a database of cars that paid for parking. If it turns out that the owner of a car did not pay, then a fine will be imposed on it in the amount established by law (today it is 2,500 rubles).

At the moment, the TsODD uses the following means to detect violators:

In view of the above factors, it’s impossible to forget to pay for parking just like that, since starting from the moment the car was parked in a paid zone, everything no longer depends on the owner of the car, but on the employees of the data center.

They do not start any heart-to-heart conversations, they do not make demands, but simply record the number of the car for subsequent verification of whether the parking was paid. If not, there will be a fine.

Thus, the only way to prevent them from performing the check is to prevent the process of reading the car number. This is the basis of all the methods listed below not to pay for parking.

We complicate the work of Parkon - what are the ways to not pay for parking?

So, the first way. Its main essence is to interfere with Parkon for the correct reading of the car number. To do this, a whole bunch of different tricks were invented.

Here are just a few of them:

Pros: relative speed and convenience. If necessary, you can remove a piece of paper or wipe the number in just a couple of minutes.

Minuses: the above tricks save only from Parkons. These manipulations will not prevent foot patrols from taking pictures and collecting fines. Employees of the TsODD are entitled to wipe the numbers, free them from pieces of paper and other obstacles that interfere with identification. Therefore, it is advisable to use this method only where patrols are rare.

Parking without numbers - how not to pay for parking?

An improved version of the first method. Why bother with hiding part of the number, endure mud or snow on the car, when the GRP can simply be removed? According to the current laws, it is forbidden to drive a vehicle without a license plate (Clause 2 of the SDA of the Russian Federation), while parking without numbers is quite legal (and how, in principle, to prove that the numbers were removed intentionally in order not to pay for parking, but not, for example, stolen by intruders). And in the absence of plates, neither Parkon nor the foot patrol will be able to do anything, since the car will be impossible to identify.

Pros: 100% guarantee not to get a fine for non-payment of parking.

Minuses: the constant removal and fastening of numbers takes a lot of time, plus there is a possibility in a hurry to forget to return the numbers to their place, which, as we have already found out, threatens with serious consequences. To simplify the procedure, various devices were invented: number magnet, devices against theft of numbers (they make it possible to significantly facilitate the process of removing and attaching), etc.

In the light of the new regulations adopted and coming into force on May 1, 2017, approved by the anti-terrorist commission, leaving a car in a parking lot without license plates threatens to be found later in a fine parking lot (so far there have been precedents only in Moscow). According to the document, employees of the Ministry of Internal Affairs and representatives of the Department of Transport have the right to evacuate cars without license plates to a parking fine in order to identify them.

The official reason is the fight against terrorism (allegedly, these vehicles are most often used in terrorist attacks). Such actions are planned to be carried out only in relation to cars parked in places where a mass congestion of people is potentially possible.

Use of numbers from other countries

Due to new changes affecting the evacuation of vehicles without a license plate, motorists have improved methods of dealing with paid parking. Since it is now dangerous to park without license plates at all, drivers began to change their license plates for signs of other states during parking (regular licenses of border countries - Belarus, Moldova, and the Baltic countries are especially popular). The services will not be able to evacuate such a car, since they have the necessary identification data on them. Another thing is that today the traffic police does not have a single base for cars of foreign countries, so it is useless to photograph them with Parkon (as well as foot patrols).

Pros: The car is definitely not towed to the impound.

Minuses: installation of fake numbers is still not entirely legal, since this action is contrary to Art. 12.2 of the Code of Administrative Offenses of the Russian Federation, which states that:

The installation of deliberately false state registration plates on a vehicle entails the imposition of an administrative fine on citizens in the amount of 2,500 rubles (for those whose work is related to the operation of the vehicle, as well as for legal entities, the fines are higher).

However, you need to understand that liability will arise only if the driver, as they say, is caught red-handed. In all other cases, it is impossible to prove the intentionality of the actions (what if it's hooligans playing around). Therefore, observing basic caution or using, for example, quick-release frames for numbers, the chances of getting caught are minimal. And even in the most unfavorable case, an ordinary citizen faces only a fine of 2.5 thousand, which is much cheaper than evacuation, and besides, you don’t have to waste time looking for a car in impound lots.

Other reasons not to pay for parking

A bonus to all of the above methods are various kinds of parking benefits provided for different categories of people.

Among others, on absolutely legal and legal grounds, the following can not pay for parking:

Representatives of large families (subject to obtaining the appropriate parking permit).
Disabled (only in places marked with a special sign).
Residents of settlements (in the event that paid parking is located within the municipal district in which their residential premises are located).
In addition, owners of electric vehicles may not spend money on paying for paid parking lots. Moreover, they do not even have to issue any additional permits.

Moscow motorists have come up with a way to avoid paying for parking in the center of the capital

In numerous calls to fight against parking lots in the center of Moscow, the theme of the illegality of these parking lots and the violation of the rights of citizens by their creation is a red thread.

Let's try to figure out if this is so.

What is parking? In fact, this is a piece of land on which a motorist parks a car. Then there are two options - either a motorist is provided with a car storage service without granting the right to use the land, or the motorist “buys” the right to use this piece of land.

The Moscow authorities disowned the first option, it is written everywhere that they do not provide storage services. So we pay for the land. We open the Land Code of the Russian Federation and read:

“Article 1. Basic principles of land legislation

1. This Code and other acts of land legislation issued in accordance with it are based on the following principles:

7) payment for the use of land, according to which any use of land is carried out for a fee, with the exception of cases established by federal laws and laws of the constituent entities of the Russian Federation;”

Ok, paid land use fits into the idea of paying for land. The specification of the types of paid land use does not fit into it:

“Article 65. Payment for the use of land

1. The use of land in the Russian Federation is paid. The forms of payment for the use of land are land tax (before the introduction of real estate tax) and rent.”

There is no parking fee here. Land tax is paid by the owner, this is not our case, and the rent provides for the conclusion of a lease agreement, which no one concludes with us either. The conclusion is that charging for parking is contrary to the Land Code.

At this place, especially impatient people (and those who have forgotten what country they live in) can go to rallies.

We will continue to study the law.

The Town Planning Code of the Russian Federation, that is, a document that has the same force as the Land Code, specifies what parking is:

“Article 1. Basic concepts used in this Code

For the purposes of this Code, the following basic concepts are used:

21) parking (parking space) - a specially designated and, if necessary, equipped and equipped place, which is, among other things, part of a highway and (or) adjacent to the carriageway and (or) sidewalk, roadside, overpass or bridge, or which is part of under-overpass or bridge spaces, squares and other objects of the road network, buildings, structures or structures and intended for organized parking of vehicles on a paid basis or without charging a fee by decision of the owner or other owner of the highway, the owner of the land plot or the owner of the corresponding part of the building, structure or facilities;”

Here it is, the payment for the use of parking by the decision of the owner of the land. The Town Planning Code, invading the sphere of land relations, provides for such an opportunity. And, based on its provisions (introduced, by the way, quite recently - in 2011), the federal and Moscow authorities riveted by-laws on this topic:

Federal Law No. 257-FZ of 08.11.2007 “On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”:

“Article 12

The powers of state authorities of the constituent entities of the Russian Federation in the field of the use of roads and the implementation of road activities include:

3.1) making decisions on the creation and use on a paid basis of parking lots (parking spaces) located on public roads of regional or intermunicipal significance, and on the termination of such use;

3.2) establishing the procedure for the creation and use, including on a paid basis, of parking lots (parking spaces) located on public roads of regional or intermunicipal significance;

3.3) setting the amount of payment for the use on a paid basis of parking lots (parking spaces) located on public roads of regional or intermunicipal significance;”

Federal Law of December 10, 1995 N 196-FZ "On Road Safety"

“Article 21. Measures for the organization of traffic

1. Measures for the organization of traffic, including the creation and maintenance of the functioning of parking lots (parking spaces) within the boundaries of settlements, are carried out in order to improve road safety and road capacity by federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments, legal entities and individuals who are owners or other owners of highways. Parking lots (parking spaces) within the boundaries of settlements are created and used in accordance with the procedure established by the Federal Law of November 8, 2007 N 257-FZ “On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”.

2. The development and implementation of these activities are carried out in accordance with the regulatory legal acts of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation on the basis of projects, schemes and other documentation approved in the prescribed manner.”

And we can only find fault with this point 2 - it is not at all a fact that these documents were developed and approved. However, we do not have the authority to verify this. We will ask the prosecutor's office, of course, but it is too firmly fused with the Moscow authorities ...

Now on the issue of violations of the rights of citizens in general and residents of the center of Moscow in particular. Now stones and rotten tomatoes will fly at me, but there is no violation of rights.

None of the documents fixes the right of citizens to park their car for free. None. The argument “residents of other areas park near the house for free, but our rights are violated” does not work. Only those rights that exist can be violated. No parking rights. Moreover, if we strictly proceed from your position on the violation of equality, then paying for parking in the center violates the rights of the inhabitants of Zabulvarye - they cannot park for free, but you are welcome to them. You're leaving the Boulevard Ring, aren't you?

I now write only from the point of view of the law. From a position that could be the basis for a trial. And from this position, there are no prospects for recognizing the actions of the mayor's office as illegal at all. Federal legislation allows you to make parking paid, this land belongs to Moscow, rare withdrawals of plots from the UDS are still registered for rent or free use, that is, the owner is still Moscow.

I see only one way - total pressure on the mayor's office on the topic of violations - starting from zoning and territory planning projects, where all this is most likely not reflected, and ending with violations in the supply of parking meters and future supplies of automatic sensors. There are a lot of violations there and you can screw up the mayor's office and the supplier, force them to postpone the introduction of paid parking lots and during this time force them to change the rules by the pressure of public opinion.

Are paid parking lots legal in Moscow?

The law that each tenant of a high-rise building will be allocated his own place for a car has not yet been adopted. Talks about this are being conducted at the highest levels of government, but so far a bill suitable for signing has not been developed. Let's figure out what norms for parking vehicles in the local areas are in force in 2017, and what the deputies proposed to introduce.

Current sanitary standards

The main document that today regulates parking near an apartment building is the current sanitary standards. According to them:

a parking pocket for up to 10 cars should be located ten meters from the residential building;
if the parking lot can accommodate up to 50 cars, then it is important to follow all the rules that are provided for arranging the territory near the house.

In the latter case, apartment owners in a high-rise building may try to privatize the local area, but this process is very complicated. They will definitely have to hire lawyers and collect signatures in favor of parking. 2/3 of all owners must vote for the arrangement of places for cars. After collecting all the documents, they will need to contact the district administration. The process of allocating land can take many years, so be patient.

Vehicle owners should remember that sanitary standards are also a law that must be followed by everyone living in a high-rise building. Violations of sanitary standards by motorists can lead to consequences if apartment owners write complaints to the following regulatory services:

fire inspection;
district engineering service;
sanitary inspection;
ecological service.

In 2017, developers must comply with sanitary standards when designing residential areas. If you are just thinking about buying an apartment, consider only offers with large parking spaces and underground parking. In some regions, the authorities have recommended large construction companies to equip extensive underground parking. For example, the latest news says that builders from Krasnoyarsk received such letters of recommendation. In addition, a number of regions have introduced their own block design rules that developers must comply with.

What does the SDA say about parking on the territory near a residential building

Each driver of a vehicle must obey the traffic rules - this is the main law for motorists, which must be observed not only while driving, but also in parking lots near an apartment building. This law provides for the following rules and penalties:

Stopping a car with a running engine for more than 5 minutes, near a residential building. Only parking is allowed for disembarking or embarking passengers, as well as for manipulating cargo. If you warm up the car for a long time in the morning during the cold season, then the neighbors have the right to complain to the traffic police. The inspector can issue a fine of 1,500 rubles or 3,000 (for large cities and capitals).
With the same amount, according to the adopted amendments to the traffic rules, drivers of heavy vehicles will have to part. They cannot be placed in the parking pocket of the house; there are special parking lots for trucks and vehicles weighing more than 3.5 tons.
In 2019, it is possible to evacuate cars that are on the sidewalks. Special equipment is now working in the yards of residential buildings. The driver will have to bear double responsibility - to pay for the evacuation of the car and pay a fine of 2 thousand rubles. In some cases, parking on the sidewalks is not suppressed, but only in situations where two meters are left for the free movement of pedestrians.
The exact amount of the fine cannot be said for another violation - blocking the passage of other vehicles, including vehicles of special services. Often this becomes a whole problem for residents of a multi-storey building, because sometimes the passage is inaccessible to firefighters, rescuers or ambulances. Depending on the situation, the traffic police inspector may impose different types of fines, guided by the Administrative Code.
Some residents fence off their own private parking spaces near the house, preventing other cars from leaving them. The fine for this reaches 5 thousand rubles.
From two to five thousand is parking at the dumpsters. It complicates the work of public services. Remember that you should not leave the car near garbage cans, the minimum distance from them should be five meters.

Lawn parking deserves special mention. If there are no barriers at the entrance to the lawn near your house, then sooner or later you will find a neighbor’s car on it, who did not get a parking space. The law prohibits leaving cars on the lawn, but remember that in the summer you need to complain about the actions of motorists to the traffic police, and in winter to the sanitary services (if the vehicle is standing right under the windows). This is due to the fact that after the snow falls, the boundaries of green spaces in the area near the house are not visible, and the traffic police inspectors are powerless in this case. In judicial practice, there are many cases when negligent motorists were able to protest a fine for parking on a lawn issued in winter.

How fines can be assessed

If you want to punish those who park at your house as they want, then you should not call public organizations and damage other people's property, just follow these steps:

take photos and videos of violations;
invite a traffic police inspector to the courtyard;
inform him of the known data and provide the collected materials.

As a result, the traffic police officer will draw up protocols and issue fines to all violators. Sometimes car owners do not comply with sanitary standards, then it is also worth taking photos and videos of improperly parked cars and contacting the relevant services.

In some cases, a fine can be issued by the fire inspectorate, for example, when a standing vehicle blocked the passage to the place of the house where the fire occurred. Employees of the management company can inform traffic inspectors about improperly parked cars. For example, if the law on parking at garbage cans is violated. In this case, in order to still take out household waste, employees of the Criminal Code can call a tow truck.

Why are the rules in place?

The current rules are created in order to ensure the normal functioning of an apartment building. If you comply with the current law on sanitary standards and traffic rules, then you will not have conflict situations with utilities and neighbors.

Ideally, each house should be allocated a parking space for 10 to 50 cars (depending on the number of apartments and number of floors), but in reality, many who work late have to leave their car wherever they have to. If you can’t find a place for your transport in any way, then it’s best to contact the nearest paid parking.

The law allows residents of the house to install barriers at the entrance to the yard. This will protect them from the cars of residents and guests from neighboring buildings who could not find a place in their parking pocket. However, the purchase and maintenance of the barrier is not included in the utility fee. Its installation can be made after the meeting of all owners and the collection of signatures. Consent to the barrier must give 2/3 of all owners. Money for the installation and maintenance of this equipment is collected from all apartments in the house in equal shares.

What do MPs want to introduce

The new law was developed by the party of Sergei Mironov - "Fair Russia". So far, the project cannot yet be called finalized, since the mechanisms of its action for houses that were built earlier and did not have a vast area around are not clear. That is why the new law is under revision.

The deputies' proposal is as follows:

The distribution of parking spaces should be related to the area of the apartment. If you have a standard one-room apartment - 33 square meters, then one place will be allocated on the adjacent territory. If the area of the apartment exceeds 50 meters, then families will have two places in the parking lot.
When designing, it is necessary to provide for 40 places for guests if a thousand people live in a high-rise building. If the number of residents is supposed to be equal to two thousand, then there should be 80 guest places.

This law is not perfect, since in Russia large families with several cars can live in small housing. According to the new rules, they will be forced to leave "extra" cars in other territories. While some of the places assigned to residents of spacious apartments may be empty. This situation is fraught with conflicts between residents of high-rise buildings. At the same time, it is easy to find a peaceful solution if you learn to negotiate with your neighbors.

Additionally, the deputies proposed a law according to which new rules will apply to paid parking lots for residents of nearby houses. In particular, at night they turn into free and everyone can use them, including residents of nearby houses. Presumably, the regional authorities will regulate the implementation of the law, and for control they will have to create a special register that takes into account all parking spaces in the city, including those located in the local area.