(Continued. Start - “Trap-1 Traps: Rights or Wallet!”)
Let's wait when you get involved
One of the traditions of the English Parliament. A deputy has the right to declare: “I am interested …” This does not mean that sir wants to get a pension or an order. He found himself in a bad situation, which, as I found out, many fellow citizens fall into, and is ready to offer a solution that is useful to all the subjects of the queen.
From the standpoint of benefits for many, the author of these lines declares: "I am interested." However, there can no longer be any personal benefit: I left my trap without rights and drowned out my term. But I visited it, gained my mind, and since traps exist for everyone, try this experience on yourself.
In the midnight blizzard of the beginning of last winter, in an unfamiliar place, he went on a loop-like U-turn. Out of nowhere, gaish chandeliers. DPS officer said: you are in the oncoming lane. He needed me to explain why so. “But look: by signs and awkward markings you will not realize that this is a strip not for a U-turn! Especially with such visibility …"
- The question is not for us: the traffic police are not responsible for signs and markings.
That was the first untruth.
Traffic regulations of the STSI (order of the Ministry of Internal Affairs No. 185 of 2.03.2009): paragraph 50
When establishing a fact or obtaining information about the improper installation of technical means of organizing traffic … possible measures are taken to eliminate the shortcomings, the necessary administrative and regulatory actions are carried out before they are eliminated.
If you are not convinced, we will quote the most authoritative document (there are several of them published by various authorities on this subject):
Regulation on the traffic police of the Ministry of Internal Affairs of the Russian Federation, Decree of the President of the Russian Federation No. 679 dated July 2, 2002 N 679:
11. The following duties are entrusted to the State traffic inspectorate: a) the implementation of state control and supervision of compliance with … rules, standards, technical standards in the field of road safety, which establish requirements … for the installation and operation of road traffic management equipment
But I asked myself: maybe you’re stupid yourself? And after more than once left the usual route, made a detour to that place in order to look around: how did I manage? And he was astonished: people crowded into the same forbidden strip - also disoriented.
(Here's the video
made by Alexander Panyushkin, attracted for an oncoming meeting in the same place; he demonstrated the video in court with a comment: see how many people get into trouble!.. Today he is a pedestrian.)
And when I made hooks at night, I spotted a DPS car next to a turn. Great point! Drivers going to the left turn have no time to peer into the darkness, what kind of car is on the side of the road on the right.
There is no other word to be found: it’s vile to know for sure that someone must be breaking the rules out of intent, wait until this happens, and punish!
That place. Cars in the left lane are in the oncoming lane. One of dozens, if not hundreds, of photographs submitted to vessels by involved individuals. That place. Cars in the left lane are in the oncoming lane. One of dozens, if not hundreds, of photographs submitted to vessels by involved individuals.
The intersection is empty, but this car is driving along the oncoming traffic. Try calling his driver abnormal! Judging by the numbers, no one is taken to the Federal Security Service. The intersection is empty, but this car is driving along the oncoming traffic. Try calling his driver abnormal! Judging by the numbers, no one is taken to the Federal Security Service.
At five o’clock in the morning, the young man, having already "typed up", hijacked a truck and rushed to ride along night Ekaterinburg. I ignored the demands of car inspectors to stop. The persecution began. Eyewitnesses later said that the truck drove, without reacting to traffic signs and “red” traffic lights, without disassembling, it was driving in its lane or in the oncoming traffic. The police had to shoot. With a broken wheel and a gas tank, the car drove into the fence. Miraculously, the surviving driver tried to escape … And again the chase, the force detention … The intruder was dangerous: once he had already served the theft of a car and went through the "school" in places of detention. (From the news feed of the traffic police website.)
Heroes and "heroes" are nearby.
You must your honor
In the reception of the justice of the peace, the secretary girl: “Well, and you are from the same place …” - “That is? And a lot of your affairs “from the same place”?”-“Every month - in dozens …”.
Three were listening that day.
The young female judge immediately believed the traffic police inspector: the weather was excellent, the markings and signs are clearly visible. The officer lied. I gave the judge printouts from the sites of the two most reputable weather bureaus, in them: wet snow, wind.
- You never know what the Internet will dump in this garbage dump! Need paper with print.
Who would know! And then, today billions of payments are being made over the Web, companies are switching to electronic document management, and finally, an electronic government of Russia is being created. But this is not an argument for a single small court plot. (We will return to the sites of the vessels themselves.)
At the end of the meeting, she led the end of the pen over the crisp novelty pages of the booklet with comments on the SDA (with color pictures!), Read aloud quotes from texts she knew little, explaining (to an uncle with more driving experience than her age): you should not violate article 12.15, part 4 Administrative Code of the Russian Federation. It’s impossible - and that’s it, the rest is immaterial! Uncle did not argue.
Okay, I'm so-and-so and put up with the punishment. But, Your Honor, you well know how many cases “from the same place” your court is considering: going through the roof! I talked with others like that - they were also confused by signs and markings. The meeting, Your Honor, is deadly dangerous for citizens, at least ruinously …
In the same place. In the same place.
And I petitioned: on behalf of the court to contact the structures involved in the technical means of organizing the movement, so that at this turn they would make everything very understandable.
A fragment from the case file: a proposal to supplement the markup so that it gives unambiguous information to drivers. A fragment from the case file: a proposal to supplement the markup so that it gives unambiguous information to drivers.
At this U-turn, everyone is mistaken, because it is not clear that you can’t go into the first row to the left. If you hang the same sign here, who will turn into it! (Photo from another street in Moscow). At this U-turn, everyone is mistaken, because it is not clear that you can’t go into the first row to the left. If you hang the same sign here, who will turn into it! (Photo from another street in Moscow).
Her honor rejected the petition with the wording: if you want, contact yourself - not the courts are this concern.
I protest: the judge either does not know the law, and if he does, then he refuses to comply with it. Which is worse?
Administrative Code, article 29.13
1. When establishing the causes of an administrative offense and the conditions that contributed to its commission, the judge, body, official reviewing the case of an administrative offense shall submit to the relevant organizations and relevant officials a proposal on taking measures to eliminate the specified causes and conditions
Do other judges, traffic inspectors, officials know this law? Doing?
Take a look at the trap map of the capital. It is easy to see that the most ambushes in the city center, and also - that's strange! - in its north-eastern part - an area no worse than others. The number of “attracted persons” here is higher than in other administrative districts, even Central.
Here is the FAR monitoring data on the number of cases under the 12th, “driver's” article of the Code of Administrative Offenses, considered by the magistrates of the districts.
In the rating of the 12 most successful judges, exactly half of the NEAD, and two of them broke into the leaders by a clear margin. In the rating of the 12 most successful judges, exactly half of the NEAD, and two of them broke into the leaders by a clear margin.
In the rating of the 12 most successful justices of the peace, exactly half are from the NEAD, and two of them are leaders with a clear margin. It’s easy to understand by the numbers: on each day of the court hearings, several “driver” cases are considered, and judging by the number of “ambushes” (on the map), the same addresses are often repeated. People who are not stupid, which judges should be considered, will probably figure out: something is wrong here. However, we do not have information that one of the judges of the NEAD complied with the requirement of the law - he sought "the adoption of measures to eliminate these causes and conditions." I do not admit that the judges consider the NEAD as a favorite place for Muscovites and guests of the capital for pokatushki in oncoming lanes. Or a damned place.
We have encrypted the names in the rating - it is not a matter of specific individuals. The judges do not seem to be free in their decisions.
… And they became three times more honest
Their reputation for “automotive” processes is well known: they always take the side of the traffic police. It is unlikely that this assessment was greatly influenced by the factor of “bona fide delusion” of violators (he is sincerely convinced that he did not violate, and is looking for blame in others, in this case in the courts). An error is possible, but it is small: too many in their own skin felt how they “sew the case” with white thread.
What makes an independent, according to the Constitution, public institution “play with one goal”? Here is food for thought.
The so-called review letters were sent to the Tver Regional Court from the local traffic police department, full of indignation between the lines: the courts unreasonably terminated a number of administrative cases of traffic violations. The reaction was exemplary: the regional court, as on an order, conducted a case check at the lower levels, discussed the results with all the judges of the region. The result is staggering: in the second half of the next year, 2010, decisions were made to terminate cases more than three times less than in the same period of the previous one. Judges instantly became three times more honest and principled!
Did the law triumph or the traffic police? Lawyers could qualify the incident as interference in the activities of the courts - this is almost a “firing squad” violation of the Constitution and the law.
Under the Criminal Code of the Russian Federation, article 294, parts 1 and 3, interference in the activities of the court committed using official position is punishable by a fine in the amount of 100 to 300 thousand rubles. or imprisonment up to four years
Do not ask if someone tried to impute this crime. What is there to impute! Remember the videos that went on the Internet in which the gaish commanders of obscene language demand from the personnel: to detain, fine, and deprive of rights! The bigger, the better. It is clear to whom and why it is better.
The inevitability of punishment … trapped
However, you need to understand the consequences of "just an exchange of views":
- There is a system of “laundering” of crimes committed by the traffic police, provided for by the Criminal Code of the Russian Federation, articles 286 (abuse of power) and 292 (the inclusion of knowingly false information in official documents), - the activist of the FAR Yuri Shulipa explained. - Knowing that the judge will make an indictment on any fabricated material, the traffic police inspectors will attribute anything to the car owners, and this will get away with it.
Commanders will definitely not be reproached! FAR got to the bottom of the order of the Ministry of Internal Affairs of the Russian Federation No. 25 of 2010-19-01. If the police department wants to receive positive assessments of work, personnel should not allow a decrease in the number of persons held accountable in the current period compared to the same period of the previous year. Directly depends on non-decline - attention! - career advancement and material support of police officers.
In the context of traffic police tasks, “not to be satisfied with what has been achieved” means: to multiply the arsenal of ways to relieve the driver’s rights fairly from the population. This creates a very definite reputation among roadside watchers: traffic cops stopudovo ensure the inevitability of punishment in traps. For “individuals held accountable,” this reputation is an incentive to give bribes.
However, without completely indictment of the courts, the desired results cannot be achieved. The circle is closed: the traffic police have a strong reason to put pressure on the courts. Still to understand what crushes.
Human rights activists are trying to find out exactly where the hatched "bread places". A seemingly correct way has appeared: for some time now, courts have been obliged to post texts of court decisions on all the cases considered on the Internet. You make a selection of cases on “driver's” articles, in the texts you look at the addresses where the violations were committed, and if the same ones are repeated, then the trap is here.
There it was: in the documents published on the websites of Moscow courts, the addresses disappeared. Human rights defenders for clarification: why? Because, they say, there is a certain regulation with “a list of personal data of participants in the trial subject to exclusion from the scope of information”, including “all addresses, including the address of the scene of the crime …”. But, taking the rules into their hands, human rights activists read the phrase: "… if the address is the place of residence or stay of participants in the process."
For these words: if a stupid head comes up with a dashing thought for taking revenge on a participant in a process, the court should not inadvertently give a tip. But the reservation cannot apply to cases of traffic violations - they do not occur at the place of residence of motorists. Human rights activists tried to bring this obvious consideration to the judges, but in vain: all the same, no addresses are given.
What can not be attributed to the absurd nature of individual servants of Coap justice. Moreover, they are not separate, but most of the capital's ships. This is also a violation of the Law. Concealment of addresses violates the requirements of Art. 15 of the Federal Law “On Ensuring Access to Information on the Activities of Courts in the Russian Federation”. It is difficult to assume that judging such a law is neither a dream nor a spirit. Then why hide? Uninitiated in the relationship between the courts and the traffic police do not answer.
Bring the courts to court? This is from the realm of science fiction.
What are the birds singing about
“And our traps have disappeared,” the representative of the FAR in the Yaroslavl region, Sergei Terekhin, was struck. - Former chief of the regional traffic police Alexander Ilyin reacted normally to media information and appeals from public organizations. And here is the result. Now he commands the traffic police in Moscow - wait for the results.
Let's wait. But this is not only about Moscow. Even if General Ilyin is the one who recommends him, he alone will not redo all the traffic police of Russia-traps. Are there others like him? The president gave good recommendations to the new minister of the Ministry of Internal Affairs - and we will wait for his deeds.
What else would be optimistic?.. Without “wheels” you move more, you hear birds, you stare at the girls - at least look around … Walking life has advantages. But the constant background of these joys is a feeling that you were sentenced to them. Shamefully recalling how this happened. Thousands of past traps live with the same. You will not wish anyone.
And further. What is in this material will not bring joy to any of the traffic inspectors and judges. We sympathize with law enforcement officers - decent people, on whom the shadow of their unworthy colleagues falls.
At about one in the morning in Tyumen, a patrol crew began to chase a car that was driving strangely and did not stop at the inspector's signal. I ran away along the city streets at 150 km / h. I had to shoot on wheels. The detainee is a drunk 24-year-old man. It turned out that he was deprived of the right to drive vehicles until … 2019. The guy was detained 17 times precisely for drinking while driving and driving without rights. The total term of deprivation of VU reached 162 months
Another "circus" Tyumen inspectors detained in the village of Antipino. He refused a medical examination, was extremely aggressive. Checked on the database: over the past three years, the Buyan was detained four times drunk while driving, he was deprived of a driver’s license until 2014. When he was finally seated in a patrol car, he kicked out the windshield. Handcuffing was far from easy. (From the news feed of the traffic police website.)