The constitutional court allowed to fine for Parking on the lawn

3 December 2018

The woman was parked on the lawn, felt the penalty of a violation of the Constitution

Muscovite was fined for Parking on the lawn. The size of the administrative responsibility of 5 000 rubles. However, the lady felt that such a decision violates the Constitution and filed a lawsuit.

it is Worth noting that the motorist does not defend their constitutional right to Park anywhere, including on the lawn. The reason for the suit was the fact that liability for the offence provided for in the Law of the city of Moscow "the Code of the city of Moscow on administrative offences", while handling such issues should Federal legislation. The applicant indicated that this fact violated her constitutional rights.

According to the court, article 8.25 of the Moscow city Law "code of the city of Moscow on administrative offences", in which there is a penalty for Parking on the lawn, could not be viewed "as adopted by the legislator of the city of Moscow beyond its competence, and hence as violating the constitutional rights of Complainant to specify in her complaint the aspect of".

Thus, the penalty of 5 000 rubles remains in force. By the way, the same law provides for a much more substantial payments for the same offense committed by other persons: officials will have to pay 30 000 rubles, legal entities — all 300 000.

the Court noted another interesting fact: the penalty does not depend on whether the damage is caused by green planting. Moreover, even if the lawn at this particular site there is, but he kind of implied there, then leave the car there, too, is: the penalty will be discharged.