Judge Pavlov A.V. of the Moscow City Court, having considered in an open court session the complaint of B ... against the decision of the judge of the Kuntsevo District Court
City of Moscow from April 7, 2023, which reads:
"Motion of B... for the restoration of the deadline for filing a complaint against the ruling of the deputy chief of the department of the Ministry of Internal Affairs of Russia for... district"
N 1190132 of July 31, 2022, in the case of an administrative offense provided for in Art. 20.21 of the Administrative Code of the Russian Federation, to dismiss.
УСТАНОВИЛ:
By the decision of the deputy chief of the OOP of the OMVD of Russia for... district N 1190132 dated July 31, 2022, B... was found guilty of committing an administrative offense under Art. 20.21 of the Administrative Offenses Code of the Russian Federation and subjected to administrative punishment in the form of an administrative fine.
The applicant filed a complaint and a motion for the restoration of the missed procedural deadline to the specified decision of the official.
The judge of the district court refused to grant the applicant's request for an extension of the deadline.
Disagreeing with the judge's decision, the applicant appealed to the Moscow City Court with a complaint requesting the judge's decision to be overturned, citing grounds for the restoration of the deadline.
In the court session B... did not appear, the date and time of its conduct were duly notified by sending a court notice.
Having examined the case materials, considered the arguments of the complaint, and heard the representative of B... - S.., I conclude that there are no grounds for canceling or changing the judge's decision.
In accordance with part 1 of article 30.3 of the Administrative Offenses Code of the Russian Federation, a complaint against a ruling on an administrative offense case may be filed within ten days from the date of receipt or delivery of a copy of the ruling.
If the deadline specified by this provision of the Law is missed, the deadline for the application of the person filing the complaint may be reinstated by a judge or an official authorized to consider the complaint (part 2 of article 30.3 of the Code of Administrative Offenses of the Russian Federation).
As follows from the case materials, by the resolution of the deputy chief of the Department of Internal Affairs of the Ministry of Internal Affairs of Russia for... district No. 1190132 of July 31, 2022, B... was found guilty of committing an administrative offense under Art. 20.21 of the Administrative Offenses Code of the Russian Federation and subjected to administrative punishment in the form of an administrative fine.
A copy of this resolution was received by the applicant on the day the resolution was adopted, that is, July 31, 2022.
The applicant appealed to the court with a complaint against the ruling in the case of an administrative offense and a motion to restore the deadline only
On November 3, 2022, that is, with a violation of the established part 1 of article 30.3 of the Administrative Offenses Code of the Russian Federation.
The district court judge disagreed with the applicant's arguments and correctly refused to restore the missed deadline in accordance with part 1 of article 30.3 of the Administrative Offenses Code of the Russian Federation.
Thus, the court of first instance correctly concluded that the application does not contain information about circumstances that could be qualified as valid reasons for missing the procedural deadline. The evidence demonstrating the lack of an objective opportunity to timely appeal the said ruling, decision of officials for valid reasons, was not provided by the applicant.
Considering the above, there were no grounds for the court of first instance to extend the deadline.
Guided by articles 30.6-30.8 of the Administrative Offenses Code of the Russian Federation, DETERMINED:
The decision of the judge of the Kuntsevo District Court of Moscow dated April 7, 2023, to remain unchanged, the complaint of B... - dismissed.
Judge
Moscow City Court A.V. Pavlov