Indisputable Fines

Fines, Indisputable

 

the exaction of sums of money on various grounds without resort to court or arbitration bodies or to those agencies that review property disputes.

In the USSR indisputable fines with regard to organizations are put into effect through a bank by deducting the appropriate sums from the accounts of the organizations; fines on citizens are collected by means of withholdings from their wages, pensions, and so forth or by means of a fine on property. The bases for indisputable fines are the directives of the leviers, the instructions of administrative bodies, or notarial certifications of judgments. The range of instances in which indisputable fines are permitted is limited.

Indisputable fines under the directives of the leviers are carried out in cases where such a right is granted by law or by a contract or where provided for by agreement between the sides. Thus, in accordance with the law, indisputable fines are levied under directives of the following bodies: financial bodies, for the levy of taxes and nontax payments to the budget that have not been paid on time; bodies of the Central Administration of State Insurance, for the collection of arrears for mandatory property insurance; trade-union organizations, for arrears and payments of state social insurance, and also (under certain defined conditions) for repayment of temporary-disability allowances paid out as a result of accidents associated with production; and bank institutions, for collecting an enterprise’s own funds not remitted on time for capital construction and capital repairs. Also exacted on an indisputable basis are fines imposed by transport organizations for demurrage of transport vehicles, by packaging-collecting organizations for the late return of reusable pack-aging, and so on. Certain organizations are entitled to exact money for goods and services being delivered on a nonacceptance basis; this is a form of indisputable fine. By agreement between the sides, indisputable fines are carried out by a bank with respect to payments on bank loans and on guarantees by virtue of the bank-loan agreement. Payments are also exacted for communications services and rent for nonresidential buildings.

Indisputable fines levied on the basis of the instructions of adminstrative bodies include fines levied, for example, by the decisions of administrative commissions and commissions on the affairs of minors or by the decisions of the executive committees of villages and of settlement and city Soviets of working people’s deputies on recovering from organizations damages caused by livestock to crops and plants.

Indisputable fines are also carried out on the basis of notarial certifications of judgments on documents concerning monetary debts of an indisputable character (for instance, arrears in apartment rent, payment for a uniform). The list of documents for which indisputable fines are carried out on the basis of notarial certifications of judgments is established by legislation of the Union republics (for example, in the RSFSR, the decree of the RSFSR Council of Ministers dated Nov. 12, 1962, Collection of Decrees and Regulations of the RSFSR Government, 1962, no. 23, p. 111).

E. G. POLONSKII

Mentioned in ?