The constitutional court Thursday considered the question of the legality of the collection of tolls on Federal roads system “Platon” for truckers. A complaint to the constitutional court turned 92 deputies of the state Duma from party of the Communist party. They felt that the new fee for truck tolls on Federal highways does not conform to the Constitution.
The obligation to record all heavy trucks (weighing more than 12 tonnes) in the “Plato (fee per ton) appeared for motorists in November 2015 and sparked a major protest actions in many regions of the country. Now to go on a cruise, truck drivers must apply the route map to install on the car accessories and while paying at a reduced rate by 1.5 rubles per kilometer.
The position of Complainants in court has supported the Deputy from fraction of the Communist party Yuri sinelschikov — Deputy Chairman of state Duma Committee on civil, criminal, arbitration and procedural legislation. He insisted that the new collection is nothing but a tax, and overlap with existing taxes — such as road tax.
Sinelshikov said that any taxes should be imposed by the Federal laws, but the contested fee was established by the government, which is a significant violation.
To collect such fee from the motorists, like other taxes, should public authorities. In a contested case, the collecting performed by the commercial structure is indicated sinelshikov — operator “RT-invest the Transport system” (the company is owned by Igor Rotenberg, Andrey Shipilovo and structures “Rostec).
Payments paid by truckers, now on the law does not differentiate for vehicles weighing 12 tonnes and a weight in 48, regardless of the car with cargo or empty, said sinelshikov.
“The new levy will increase inflation in the country at least 1.5%”, — announced forecasts of experts member.
“Plato is my friend”
In support of “Plato” was made by all the authorities. Member of the Federation Council Piotr Kucherenko and the representative of the President Michael Krotov insisted that the new levy is not a tax: in return for his payment of the truckers are entitled to travel on roads.
Earlier in the review of the COP in the same position advocated by the Finance Ministry.
To differentiate the charge for trucks of different weights is not yet possible, was noted by the representative of the government Mikhail Barshchevsky. In Europe, he said, has long had similar systems, and each of them determines the fare according to different criteria. In Russia established the lowest amount of the charge, supported him the representative of the state office of public Prosecutor Tatyana Vasileva.
“We used to think that this fee is imposed on the drivers, but no, he is vested in shippers, and then to us consumers,” Barshchevsky has acted. He noted that the shipper has the option to either send the cargo “Gazelles”, by rail or truck, include this fee in the cost of transportation.
“This system stimulates use of cheaper and less harmful methods of transportation. Railways, for example, are more economically friendly transport,” said Barshchevsky.
In his speech, he urged the judges to look at the problem globally: “Justice, like absolute truth, is not achievable. But these norms, the introduction of “Plato”, make our lives better or worse? The order, which was to “Plato”, he was more fair or not?”.
Barshchevsky insisted that the introduction of fees for the quality of the road, its timely repair and differentiation between passenger cars and freight is already moving in the right direction.
“Now we have “Plato”, who knows what will happen next,” said Barshchevsky. “After Plato was his disciple, who said that Plato is my friend, but the truth is expensive,” retorted the quote of Aristotle, the Chairman of the COP Valery Zorkin.
After hearing the parties, high judges went into a huddle. As a rule, the decision they take during the month.