Dmitriy Uryakin explained to Pravo.ru how to recover legal costs after a penalty is cancelled

Dmitry Uryakin - Associate

Having successfully contested the parking fine, the driver decided to recover legal costs and compensation for moral damage from the Ministry of Internal Affairs. The claim was dismissed by the courts of three instances because there was no evidence that the traffic police officer was guilty. The case was then heard by the Supreme Court. As a result, the Civil Chamber cited the ruling of the Constitutional Court #36-P of July 15, 2020 and reversed the rulings of the lower instances, referring the case for a new examination.

According to Dmitry Uryakin, Associate at Maxima Legal, the Constitutional Court ruling No 36-P turned the practice of levying court costs in cases of administrative offences up 180 degrees. Whereas previously courts only levied court costs on the state if an official was guilty of unlawful administrative prosecution, with the adoption of this ruling, such vicious practice had to be abandoned.

“Of course, reimbursement of the winner’s costs by the losing party to the dispute is not conditional on its fault, as the only reasonable criterion for reimbursement of court costs is the final act which determines in whose favour the dispute was resolved,” the expert explained to Pravo.ru.

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