Article 12.27 2. Leaving the scene of an accident. Unintentionally leaving the scene of an accident

The magistrate recognized the driver B.A.G. guilty of committing administrative offense according to Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of an accident in which he was a participant, and sentenced him to deprivation of the right to drive a vehicle for 1 year.

canceled, proceedings against driver B.A.G. discontinued.

Art. 12.27 p.2 Proceedings were terminated by the regional court on 04/05/2019.

The magistrate recognized the driver K.M.A. guilty of committing an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of an accident in which he was a participant, and sentenced him to deprivation of the right to drive a vehicle for 1 year.

The district court upheld the magistrate's ruling.

Lawyers from the Center for the Protection of Driver's Rights appealed this decision to the Irkutsk Regional Court. Based on the results of the consideration of the complaint by the regional court, the decision of the magistrate and the decision of the district court were cancelled, the proceedings against the driver K.M.A. discontinued.

Art. 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation. The proceedings were terminated by the magistrate court on November 29, 2018

The magistrate found the driver M.O.V. guilty of committing an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of an accident in which he was a participant, and sentenced him to deprivation of the right to drive a vehicle for 1 year.

Lawyers from the Center for the Protection of Drivers' Rights appealed this decision. Based on the results of the consideration of the complaint by the district court, the magistrate's decision was canceled, and the case was sent for a new trial to the magistrate.

During the proceedings, lawyers from the Center for the Protection of Drivers' Rights presented evidence to the magistrate that clearly demonstrated the innocence of driver M.O.V.

Based on the results of the consideration of the case, the magistrate agreed with the defense’s arguments; the proceedings against the driver M.O.V. terminated due to the absence of an administrative offense in his actions.

Art. 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation. Proceedings terminated by the district court on April 25, 2017

In relation to driver V., traffic police officers drew up a protocol on an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of a traffic accident in which he was a participant.

World Court terminated the administrative proceedings against driver V. due to the insignificance of the administrative offense.

Art. 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation. The proceedings were terminated by the district court on 04/05/2017

The magistrate found driver A. guilty of committing an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of an accident in which he was a participant, and sentenced him to deprivation of the right to drive a vehicle for 1 year.

Canceled, the driver’s actions were reclassified, the proceedings against driver A. were terminated.

Art. 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation. The proceedings were terminated by the magistrate court on 03/02/2017

In relation to driver K., traffic police officers drew up a protocol on an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of a traffic accident in which he was a participant.

The magistrate's court found driver K.

Art. 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation. The proceedings were terminated by the magistrate court on 07/22/2016

In relation to the driver Sh., the traffic police officers drew up a protocol on an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of a traffic accident in which he was a participant.

The Magistrate Court recognized the driver Sh. innocent of an administrative offense.

Art. 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation. Proceedings terminated by the district court on July 4, 2016

The magistrate found driver K. guilty of committing an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of an accident in which he was a participant, and sentenced him to deprivation of the right to drive a vehicle for 1 year.

The magistrate found the driver U. guilty of committing an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, namely for leaving the scene of an accident in which he was a participant, and sentenced him to deprivation of the right to drive a vehicle for 1 year.

Lawyers from the Center for the Protection of Driver's Rights appealed this decision. Based on the results of consideration of the complaint by the district court, the magistrate’s decision was changed. The actions of driver U. were reclassified under Part 1 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, as a failure to fulfill obligations stipulated by the traffic rules in connection with an accident, the driver was assigned punishment in the form of a fine of 1,000 rubles.

Unfortunately, they represent an endless problem for modern motorists, but in some situations everything can be solved quite simply through negotiations or by calling the traffic police, while in other situations this cannot be done because another driver committed leaving a seat Road accident. Next, we will talk about what constitutes this violation in accordance with current legislation and what the current punishment for it is.

What is a traffic accident?

Before understanding what constitutes leaving the scene of an accident, it is worth considering what a traffic accident actually is. An accident is a situation in which one or more vehicles are involved in the movement of vehicles, causing injury or death, as well as damage to certain property.

If you are driving a car, as a result of which you hit a pedestrian, then this situation falls under the category of road traffic accidents, but if the pedestrian himself fell onto a standing car, then in this case it is no longer such. Again, if a pedestrian is hit by a bottle that was thrown out of a vehicle window, this is also not an accident, while damage caused by a bicycle falling out of the back of the vehicle is.

What should the driver do?

As you know, leaving the scene of an accident is a fairly serious violation of the law, since in accordance with the rules traffic there is a certain list of actions that a driver must take if he finds himself in a similar situation. Initially, the person involved in this situation must immediately stop the movement of his vehicle, activate the emergency signal system and display a special warning triangle, as evidenced by the requirements of the current legislation.

Emergency cases

It is worth noting the fact that if, as a result of the situation, there are dead or injured people, the driver must act somewhat differently. First of all, you will need to take measures to provide first aid to the victims and, at the same time, call the police and an ambulance. If there are any emergency situations, the victims should be sent by a passing vehicle, and if this is not possible, they should be transported in their own vehicle to the medical organization that is closest to the scene of the incident. It is worth noting the fact that the driver must provide the registration plate of his vehicle, and then independently return to the scene of the incident. In this case, leaving the scene of an accident is not taken into account (the victims require urgent assistance).

What should be done at the scene of an accident?

Among other things, it is necessary to completely clear the roadway if the normal movement of other vehicles is impossible. In this case, it is mandatory to video record or photograph the initial position of vehicles in relation to each other, as well as various road infrastructure objects. Various traces and objects that are directly related to this incident must also be recorded.

The residential addresses and names of eyewitnesses are also recorded in detail, after which the police are expected to arrive.

What do professional lawyers recommend in the event of an accident?

First of all, leaving the scene of an accident is highly discouraged, as this will only lead to additional proceedings later. It is best to initially stop the vehicle, but it is worth taking into account the fact that traffic police officers will be required to measure the distance between cars. That is why, if for one reason or another, for example, you are thrown into another lane, if possible, it is best to return the car to its own lane and only then turn off the engine. Due to this, you will be able to eliminate any unnecessary claims from road inspectors.

The hazard warning lights must be turned on. The only exception in this case is damage to the electrical wiring or various damage to the headlights as a result of this incident.

The traffic police are called. The best option would be to simply leave everything as it is, and then wait for the inspectors to arrive, because it is in your interests to reliably determine the culprit of the accident, who will subsequently be responsible for fully paying for the repair work of each vehicle.

Presence of casualties

If there are victims, an ambulance is initially called and only then first aid is provided independently. If you do not know how to properly help a person in a certain situation, you should interview eyewitnesses, because most likely, someone will be able to help you apply a bandage or stop the victim’s bleeding. If there are serious injuries, injuries or even deaths, it is especially not recommended to leave the scene of the accident. The punishment in this case is much more serious.

Always record the scene of the incident

Among other things, independently record the original location of the cars, all kinds of dents, fragments, and also record the braking distance and all other elements that are somehow related to this incident. After this, it will be possible to remove your car from the roadway, but this can only be done when it interferes with the movement of other cars and is the cause of the resulting traffic jam. If it is possible to properly organize a detour, then you need to do this, because due to this you will be able to keep as many things as possible in their original places - this is better for you.

Separately, it is worth mentioning that the implementation of such requirements is prescribed in the current legislation; if you do not carry out all these procedures, an appropriate fine will be imposed on you.

What happens if you leave the scene of an accident?

Any person who is involved in an accident, regardless of whether we are talking about a passenger or a driver, is always under the influence of stress, as a result of which he may not control himself and simply flee the scene of the accident, afraid of responsibility. At the same time, in accordance with the current legislation (Article 12.27 of the Code of Administrative Offenses of the Russian Federation, Part 2), the right to drive is expected to be deprived vehicles for 1-1.5 years or the imposition of administrative arrest for a period of up to 15 days, if the person left the scene of an accident. How to avoid liability in this case? It is best to consult with professional lawyers and enlist their support, however, if you know all the features and subtleties of such situations, you can cope with them completely on your own.

Drinking alcoholic beverages, etc.

If the accident is serious enough, then drivers begin to drink after the accident, sad about their former car, if it can no longer be restored. In accordance with current legislation, the driver is strictly prohibited from consuming all kinds of psychotropic substances and alcoholic beverages after a traffic accident. Alcohol is prohibited exactly until the driver’s state of intoxication is established or a decision is made that he can be exempted from such an examination.

Statute of limitations

Of course, there is a statute of limitations for such a crime as leaving the scene of an accident. How to avoid liability in this case? Wait until this time, if possible.

In principle, any professional lawyer will tell you that the most unwise decision in the event of a traffic accident is to leave the scene of the accident. The article for this violation is not yet so significant, but do not forget that in this case it will be much easier to later prove that you are the culprit of what happened.

What could happen?

Traffic police officers begin an investigation, as a result of which witnesses are identified who could have seen you and your car. If the second motorist managed to install a DVR in his vehicle, then you can subsequently be found quickly enough through the registration plates. Most likely, local store clerks or some random passersby turned their attention to this incident, as a result of which they will also confirm the fact that you fled after this incident. Thus, you may end up losing your license for leaving the scene of an accident.

Among other things, it is worth noting the fact that you only need to stay at the scene of the accident for the reason that it will subsequently be extremely difficult to prove in court that you are not the culprit. If we talk about the statute of limitations for this crime, then in accordance with the current legislation, after leaving the scene of an accident without victims, a decision on an administrative violation may be issued within three months, while in the future it will not be possible to issue it. .

But in fact, mostly experts say that during this time the responsibility for leaving the scene of an accident can be much more serious, and even if you manage to avoid it, in other respects a lot can change far from your favor. It is for this reason that it is much better to simply remain at the scene of the accident and at the same time actively assist the investigation, since in the future this will be taken into account in the event of your guilt.

Unintentional abandonment

Often, with the onset of winter, a fairly large number of accidents occur in large cities, and utility services in the vast majority of cases are simply not prepared for such situations, which ultimately leads to large quantity congestion, and traffic capacity on roads is significantly reduced. In accordance with current legislation, there are no deadlines during which you need to wait for traffic police officers, as a result of which drivers may simply lose patience and unintentionally leave the scene of an accident.

The court has the formal right to turn such drivers into ordinary pedestrians for up to one and a half years, but in fact, if you look at this situation, then if the car moves from the scene of the accident approximately 500-1000 meters, then this cannot be called leaving the place of the road. traffic accident - this falls under failure to comply with traffic rules, and in this case no fine is imposed for leaving the scene of an accident.

When can you leave the scene of an accident?

However, it is worth noting the fact that each driver has own rights, which many often forget about or simply do not know. Thus, when an incident occurs, you must immediately call 02 and report the location where the accident occurred, as well as the time of the incident. After this call has been recorded, you can stay in place and wait until the traffic police officers arrive.

However, in fact, none of the clauses of the current traffic rules directly oblige you personally to wait until the inspector arrives, that is, in this case, the most important thing is to leave the car in its place. The only thing worth noting is that the driver needs to remain at the scene of the accident for three hours, otherwise it will be considered that the driver fled the scene of the accident.

In other words, after an accident, you must notify the traffic police that such a situation has occurred, after which the cars must remain in one place for three hours. At the same time, you yourself can be within sight nearby, and as soon as this time has passed, you can make a second call to the service and report that law enforcement agencies never arrived at this place, and then calmly leave the scene of the accident - punishment you are no longer in danger.

1. Failure by a driver to fulfill the duties provided for by the Traffic Rules in connection with a traffic accident in which he is a participant, except for the cases provided for in part 2 of this article, -

entails imposition administrative fine in the amount of one thousand rubles.

2. Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, in the absence of signs of a criminal offense -

entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for up to fifteen days.

3. Failure to comply with the requirement of the Traffic Rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer, until an examination by an authorized official is carried out in in order to establish the state of intoxication or until an authorized official makes a decision to exempt from such an examination -

shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

Comments to Art. 12.27 Code of Administrative Offenses of the Russian Federation

1. The objects of the offense in question are the established management procedure, as well as public relations in the field of ensuring road safety.

2. The commented article consists of two parts.

3. From the objective side, the offenses provided for in this article are expressed in failure to fulfill the duties assigned to drivers of vehicles in clause 2.5 of the Traffic Rules Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 (as amended and supplemented).

The duties, the failure of which entails liability under Part 1 of the commented article, include: stop, do not move the vehicle; turn on the hazard warning lights and display a warning triangle; do not move objects related to the incident; take measures to provide pre-medical assistance to victims and refer them to a medical institution; if it is necessary to clear the roadway, record in the presence of witnesses the position of vehicles, traces and objects related to the accident, take measures to preserve them; report the incident to the police, write down the names and addresses of eyewitnesses, etc.

Under Part 2 of this article, the driver is liable if he leaves the scene of an accident in violation of the Traffic Rules, i.e. the driver deliberately ignores his duty. As a rule, by committing such illegal actions, the driver tries to evade responsibility for the accident.

According to this part of the article, it is impossible to qualify the actions of the driver when he leaves the scene of an accident to deliver the victim to a medical facility, and in the absence of victims - to register an accident at the nearest internal affairs agency or traffic police post. In the latter case, the conditions set out in clause 2.6 of the Traffic Rules must be met (mutual agreement of the driver in assessing what happened, drawing up an accident diagram, etc.).

4. Under Part 3 of the article, liability arises for the driver’s violation of the ban on consuming alcoholic beverages, narcotic, psychotropic or other intoxicating substances after a traffic accident in which he was involved, or after the vehicle was stopped at the request of a police officer, before conducting an examination in order to establish the state of intoxication or until an authorized official makes a decision to exempt from such an examination (clause 2.7 of the Traffic Rules). Failure to comply with this prohibition constitutes a completed administrative offense.

5. The subject of the offense in question is the driver of the vehicle.

6. From the subjective side, an offense presupposes the presence of direct intent on the part of the perpetrator.

7. Cases of administrative offenses under Part 1 of this article are considered by the head of the traffic police, his deputy, the commander of a regiment (company, battalion) of the road patrol service, his deputy (Article 23.3), and under Parts 2 and 3 of this article are considered by judges (part 1 of article 23.1).

Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1, Clause 1, Part 2, Article 28.3).

Code of the Russian Federation on Administrative Offences:

Article 12.27 of the Code of Administrative Offenses of the Russian Federation. Failure to fulfill duties in connection with a traffic accident

shall entail the imposition of an administrative fine in the amount of one thousand rubles.

2. Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, in the absence of signs of a criminal offense -

Explanations of the Supreme Court of the Russian Federation

In paragraph 11 of the Plenum Resolution Supreme Court RF dated October 24, 2006 N 18 “On some issues that arise for courts when applying the Special Part of the Code of the Russian Federation on Administrative Offenses” contains the following explanations:

Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation establishes liability for the driver’s failure to fulfill the duties provided for in paragraphs 2.5, 2.6, 2.6.1 of the Traffic Regulations in connection with a traffic accident in which he is a participant, except for the cases provided for in Part 2 of this article.

The actions of the driver, which form the objective side of the administrative offense provided for in Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, in particular include:

failure to comply with the obligation provided for in paragraph 2.5 of the traffic rules to immediately stop and not move the vehicle; turn on the hazard warning lights and display a warning triangle; do not move objects related to the incident; take measures to provide first aid to victims and refer them to a medical facility; if it is necessary to clear the roadway, record in the presence of witnesses the position of vehicles, traces and objects related to the road accident, take measures to preserve them; report the incident to the police, write down the names and addresses of eyewitnesses, etc.;

failure to comply with the rules established by clauses 2.6 and 2.6.1 of the traffic rules, which allow leaving the scene of a traffic accident if there are no victims and there are disagreements between its participants in assessing the circumstances of the incident, but obliging to register a traffic accident either at the nearest road patrol post (clause 2.6 ), or, in accordance with the Rules compulsory insurance civil liability of vehicle owners, without the participation of police officers (clause 2.6.1).

What actions of the driver constitute an offense under Part 1 of Art. 12.27 Code of Administrative Offenses of the Russian Federation?

The actions of a driver who, in violation of the requirements of paragraph 2.5 of the traffic rules, left the scene of a traffic accident in which he was a participant, form the objective side of the administrative offense provided for by part 2 of article 12.27 of the Code of Administrative Offenses of the Russian Federation.

Responsibility under Art. 12.27 of the Code of Administrative Offenses of the Russian Federation occurs in the case when an accident occurred both on the road and in the adjacent territory

When attracted to administrative responsibility, provided for in parts 1 and 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, it should be borne in mind that the above actions of the driver form the objective side of these administrative offenses in cases where a traffic accident occurred both on the road and within the adjacent territory.

No one is immune from getting into an accident. The risk of an accident hangs inexorably over any car enthusiast throughout his driving career. As experienced drivers say, “if you don’t drive in, they will drive into you.”

One of the main responsibilities of a driver involved in an accident is the need to remain at the scene of the accident and not leave it until all measures required by law are completed.

If, for some reason, you left the scene of the accident, then it is likely that in the very near future the traffic police officers may draw up a report on you under Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for the driver leaving the scene of an accident, a participant which he is.

Moreover, the liability established by this norm is quite strict - deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

At first glance, there are few options for the driver against whom such a protocol has been drawn up. After all, it is almost impossible to challenge the very fact of leaving the scene of an accident.

However, there is one legal loophole in the Code of Administrative Offenses of the Russian Federation, which allows, under certain conditions, to avoid liability under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. We are talking about the termination of proceedings in the case of leaving the scene of an accident due to the insignificance of the act.

In accordance with Art. 2.9 of the Code of Administrative Offenses of the Russian Federation, if the administrative offense committed is insignificant, the judge, body, official authorized to consider a case of an administrative offense may release the person who committed the act from administrative liability and limit himself to an oral remark.

Insignificance itself in the legal community is interpreted as follows.

A minor offense is an action or inaction that, although formally contains the elements of an administrative offense, but taking into account its nature, the role of the offender, the amount of harm caused and the severity of the consequences, does not pose a significant danger to legally protected public legal relations.

Of course, not every driver who fled the scene of an accident can count on his actions being recognized as a minor act. On the contrary, the majority of cases under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation ends in deprivation of rights or administrative arrest.

For example, if you fled the scene of an accident in which there were victims and your car, as well as its location at the scene of the accident, had great value to investigate the circumstances of the accident, there will be very little chance of recognizing leaving the scene of an accident as a minor act. We are no longer talking about situations where there were seriously injured or killed as a result of an accident. However, road accidents are different and under certain conditions there are chances for a favorable outcome. This is confirmed by the current situation on this issue. judicial practice.

So, in what cases, when leaving the scene of an accident, can you count on dismissal of the case due to insignificance? Let's look at these situations in more detail.

First of all, this is an accident in which you are the only participant. For example, you drove your car into a ditch or hit a tree, broke your bumper, for example, and after making sure that no one else was hurt in the accident except you and your interests, you got out on your own and drove away. And then it turned out that some conscientious citizen, having noticed the accident, called the traffic police squad, having previously written down your license plates. The squad arrived, made sure that the participant in the accident had left the scene of the accident and drew up a report under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation.

However, much more often in our country there are situations in which an accident involves two or more participants. Can participants in such accidents count on dismissal of the case due to insignificance? As the same judicial practice shows, they can!

Typical positive examples include: court decisions, according to which the fact that the driver fled the scene of an accident, during which two cars slightly caught their side mirrors, was recognized as a minor violation. This also includes other similar situations in which cars road accident participants the injuries were minor and the drivers have no mutual claims.

However, do not expect ready answers from us to the question of in what situations leaving the scene of an accident can be considered insignificant. There are no clear criteria by which judges could determine whether an act is minor or not. The insignificance of an act is a purely evaluative concept. The possibility of assessing an act as insignificant depends entirely on the individual judge, his legal understanding and worldview on the specified legal institution as a whole.

For example, many judges believe that leaving the scene of an accident is rude traffic violation, and therefore it is a priori a socially dangerous act, regardless of what circumstances characterize the accident itself. In justifying this position, the courts indicate that the driver’s duty to remain at the scene of an accident directly affects the interests of all participants in the incident, and is also an important factor for strengthening legal discipline among road users. Therefore, regardless of the seriousness of the accident, the very fact of ignoring the obligation to stay at the scene of the accident is regarded by such judges as a gross and socially dangerous violation of the law. If the judge has consistently adhered to this approach throughout his entire career, your chances of recognizing the act as insignificant will be close to zero.

The position of judges with a more liberal approach is somewhat different. These servants of Themis believe that if a minor accident, the scene of which the driver left, did not entail any serious consequences, then there was no significant violation of protected social relations.

If your case is considered by such a judge, consider yourself lucky.

However, such judges, as practice shows, are a clear minority. By the way, the reason for this is not only the legal worldview of judges. According to “insider” information from the judicial community, in many regions of Russia, judges who “like” to apply the institution of insignificance, secretly receive a “slap” from higher courts for this.

Despite the fact that the chances of a favorable outcome are not so great, it is worth a try. What if you get lucky? Either way, you have nothing to lose.

What needs to be done in order to try to terminate the proceedings due to insignificance?

First of all, assess the seriousness of the accident. If this is an accident in which the participants suffered significant material damage, or there were casualties, then count on the application of Art. 2.9 of the Code of Administrative Offenses of the Russian Federation is practically meaningless here. If the accident, the scene of which you left, fits the criteria that we described above, then your chances increase significantly.

Then, you will need to file a petition in court with a request to dismiss the case due to insignificance. It is advisable that this request be in writing.

It will also not be superfluous to submit to the court a written petition (statement) of the second participant in the accident.

However, it is better for you to discuss the particular tactics of behavior in court on this issue directly with your car lawyer, based on the specific circumstances of the case.

That's all, good luck on the roads!