HOW MASHA WITH THE INSTRUCTION WAS FIGHTING
Law student canceled the order of the head of the traffic police.
Masha Shishlyaeva, a law student at a Moscow university, bought a car. Not really herself - parents and friend helped; not entirely new - six years old; not the most prestigious - an ordinary "six" … But it was her first own car! She came up with her name - "swallow" …
Registration “swallows” in the traffic police of the North-Western District of Moscow was easy and fast. Only then, a hitch happened on the instrumental control: one headlight did not burn, and the level of CO went off scale. But a week later, when all the comments were eliminated, Masha received a laminated yellow ticket, which, incidentally, meant that the next inspection deadline was February 2000.
“But why February?” - the girl at the traffic inspector was naively curious. - Indeed, it is September, and inspection is supposed to take place once a year. And you appointed me a deadline in four months!
“There is an order from the head of the Moscow State Traffic Safety Inspectorate Directorate, in which the month of passing the next inspection is determined by the last digit of the number, ” the inspector politely explained. - You have number 262, therefore, come in February. Bon Voyage!
But Masha is not without reason studying in law - she was not too lazy to ask the editorial office of the magazine “Behind the Wheel” for clarification. And soon, together with our lawyer, she filed a complaint against the actions of the traffic police. The fact is that the terms and procedure for conducting a technical inspection are determined by Decree of the Government of the Russian Federation No. 880 of July 31, 1998 and Order of the Ministry of Internal Affairs No. 190 of March 15, 1999. It says in black and white that you have to go through it ONCE YEAR. And not once a year …
I must say that the judge agreed with the arguments of the lawyer ZR and set a date for the hearing. Initially, the representative of the traffic police of the North-Western District, Lt. Col. Nagibnev, was determined:
“Girl, why did you immediately go to court and not come to see me?” You know how busy I am at work, but now I still have to go to court …
“Why should I come to you?” You would immediately refer to the order of the head of the UGIBDD of Moscow - and that’s all.
“Of course he would.” This is our guidance document. But after all, I have been given the right to postpone the inspection period, if for good reason.
- And on the basis of what you can change this term? - the judge asked.
But a joint search for such a point in the order of Major General of Police N. Arkhipkin, who was then the head of the State Traffic Safety Directorate of the Main Directorate of Internal Affairs of Moscow, did not lead to anything. Well, there is no such thing! But about the last digit of the number - there is …
- And where was this order published? - the lawyer inquired.
“Nowhere, ” the police officer proudly declared. - This is our departmental document, and only for official use.
“In that case, ” the judge announced, “the instruction of the head of your department is not a normative act.” Maybe it really simplifies the procedure for passing inspection, but at the same time infringes on the rights of citizens. You must be guided by a government decree where the deadline is clearly set - once a year.
This story ended here - right from the judge’s office, Masha Shishlyaeva, along with Lieutenant Colonel Nagibnev, went to the traffic police department of the district, where she received a new yellow ticket. In the column "month, year of the next inspection" it is written - "October 2000", despite the fact that the number of its "six" ends with the number 2.
And the traffic police department, although they admitted their wrong, but were offended, of course, that they filed a complaint with the court. “What are you, girl, if, say, you don’t have time to pass the inspection in October and you are fined? Run to the judge again?” “No, I won’t run, ” Masha answered them, “then I’ll be wrong. And here - you acted as it is more convenient for you, and not as it should be according to the law. Don’t be offended! ” And she left for classes on her "swallow".
We also hope that as a result of the whole story there are no offended parties and no one is going to fight to the end for the notorious “uniform honor”. But - we will begin to respect the Law more and more. And each other, of course.