A meeting with the traffic police and the subsequent fine is not encouraging, especially if it is illegal or the punishment is overstated, in which court to appeal the decision then?
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General rules on how to write a statement, complaint
Administrative responsibility is formalized finally or by a decision of the inspector or judge.
The only difference is in the process, and an additional court instance remains if the first decision was not made by the court.
Only the decision on the offense can be appealed to the court, the protocol is intermediate, the correctness of which is assessed in the trial along with the decision.
It must be said often that the protocol sometimes serves as the only evidence in the case.
The legislation gives the right to complain to the higher management of the traffic police, but practice shows that this is ineffective. Submitting complaints online also does nothing.
The bosses try not to spoil the statistics of their subordinates. On the other hand, if the violations are serious enough and at the same time send a complaint to the prosecutor's office, which deals with the supervision of the police, the complaint can work.
The record of the parallel direction of the complaint to the prosecutor's office must be directly present in the complaint to the traffic police. The effectiveness of these actions depends on many reasons, in particular, how the relations between the prosecutor's office and the police are built in a particular region.
Better to go straight to the judge. Which court to appeal against the decision of the traffic police? When it comes to appealing against the actions of government agencies, the complaint is written for district court... Justices of the peace are not involved in this process.
There is a rule on the inadmissibility of accepting parallel solution on a complaint by a higher administrative instance and a court. If the complaint is sent simultaneously to the court, the decision is made by the court.
The higher authority terminates the proceedings or rejects it, indicating that the case is being examined by the court.
If everything is still with the court, more or less clear, it remains: how to write a complaint? You can write it yourself, if you have a good knowledge of the laws and practice of application in the relevant field.
You can use the services of lawyers or lawyers, a lot of practically useful information is posted on specialized portals devoted to the topic of combating the traffic police, there are also many forums opened by lawyers with relevant sections.
There are a lot of complaint forms on the Internet, you just have to fill them out. However, whichever one is chosen, it is imperative to check the fulfillment of all the requirements for the complaint from the point of view of the law.
This, incidentally, also applies to the question of which court to appeal against the traffic police decision from the camera. The law expressly stipulates that the court in such cases cannot be the first instance.
A statement or complaint is written both by hand and on a PC, but it is advisable to use a PC, it is more convenient that way, and it may refer to the impossibility of reading what was written in paper:
- name of the court
- Full name of the applicant
- Name of the representative, if the complainant invited one
- complainant and representative addresses
- the name and address of the authority against which the complaint is being made
- data of the order, on which the complaint is being filed (who made it, when, name)
- circumstances of the case
- a request to the court (to cancel or change the decision)
Personal signature is put, the date of dispatch. If the signature is signed by a representative, a copy of the power of attorney is attached.
According to the explanations of the Armed Forces of the Russian Federation, a power of attorney is given both by a notary and at the place of residence and work, or certified by a doctor of the hospital where the person is treated at the hospital. The unit commander also has the right to certify the power of attorney if the person is in the barracks position.
As for the circumstances of the case, they relate to facts that were not taken into account or were distorted by the police.
For example, this applies to witnesses who could confirm the correctness of the complainant, filming made using a mobile phone or other means. By the way, recently the Supreme Court ruled that these materials (video recordings) are full-fledged evidence in the case.
Therefore, if employees try to stop recording their actions, then their request to stop filming is illegal. Besides, no one wants to have extra evidence against them. So you can get a reprimand or even lose your position.
Violations concern non-compliance by employees and the rules that they should have been guided by.
The complaint directly states that I consider such and such actions illegal, because the point (document number, its name and the point that was violated) was not fulfilled. It is advisable to quote him, in this case it is more difficult for the judge to ignore the argument.
At the end of the complaint, an application is drawn up, it lists copies of the documents that are attached. For example, “copy of the complaint”, “copy of the protocol”, “copy of the resolution”. It is also advisable to write the details of each of the (date, serial number), however, this is not necessary.
The Administrative Code gives 10 days to draw up a complaint and send it from the moment a copy of the resolution is received. It does not matter how long the order was issued.
It happens that no one sends the order to the person involved, and then he receives documents about the bailiff for collection. A copy of the decision can be obtained either from the bailiff or from the traffic police and in the complaint you can ask to restore the deadline for sending the complaint or indicate when in reality the decision was received.
Appeal process
They turn to the court either to the court at their place of residence or to the court at the location of the department, whose employees drew up the ruling.
It is possible to ask the court to consider the place of residence, but the judge may decide otherwise.
If you act for sure, it is better to file papers with the court at the location of the traffic police department.
The papers are handed over to the court office. On the copy of the complainant, the incoming number, date, signature of the person who accepted is put.
It remains to wait for the summons. You can send the materials of the complaint to the traffic police, from there they are obliged to send it to the court, but it is better not to do this, especially since the law makes it possible to submit everything directly to the court.
The procedure for considering a complaint is as follows:
- the composition of the court is announced, whose complaint is being considered
- it turns out who has appeared, who has not, the reasons for the non-appearance are found out
- the rights and obligations of the participants in the process are announced
- explanations of the participants in the process are heard, attached to the complaint, paper, video and audio recordings
- the opinion of the expert is heard if appointed
The court has the right to order an examination. The case is postponed for the time being. Also, the judge has the right to demand the necessary materials or documents if the parties are unable to obtain them themselves.
Participants have the right to conduct audio or video - recording of the process, permission from the judge is required exclusively for stationary recording or on TV or radio:
- the judge's refusal can be appealed to the city, regional, or Supreme Court subject
- then a supervisory complaint is filed
- then a complaint is filed with the RF Armed Forces
Each time, 10 days are given for drawing up a complaint and sending it after receiving a copy of the next decision. Subsequent complaints are drawn up similarly to the first, but each subsequent court decision is also attached to it.
You can also send papers through mail, with a notification and an inventory, so that there is no reason to assert that there is a shortage of documents.
Features concerning legal entities
For legal entities - arbitration court The process of considering complaints, the procedure for their submission is regulated by the APC.
The basis and measure are regulated by the Administrative Code.
According to applicable laws violations of employees who are in an employment relationship with him or holding managerial positions are considered violations of legal regulations. faces.
In this case, violations were committed during work, performing their duties, or on the way to or from work.
At the same time, the car belongs to the company in which the person works.
In addition, employees of the companies may commit other violations, in particular, in the field of road activities (repairs, road construction). In this case, it is assumed that it is possible to prosecute both the person himself and for the same violation.
Which court to appeal against the decision of the traffic police legal entities? The proceedings on the complaint are ongoing in the arbitration court system.
In chapter 25 of the APC, art. 207-211 Art. the procedure for considering cases is set out:
- the complaint is sent to the arbitration court on the basis of the mass of the traffic police department
- term for sending a complaint 10 days
- drawn up in the same way as described above, with attachment of a copy of the charter, registration charter, document confirming the powers of the director or other managing person
The order of consideration is the same:
- calling the parties by summons or otherwise (for example, SMS)
- listening to the parties
- reclamation of materials, appointment of an examination
- checking the correctness and validity of the decision
The judge makes his decision in the deliberation room.
The deadline for a complaint in case of disagreement with the decision is 10 days from the date of the decision, and not the receipt of a copy. In the event of a delay in issuing a copy and missing the deadline for appeal, a request is made to restore the deadline.
The materials are sent to the appellate instance by the court of first instance.
If the maximum punishment is a fine of 100 thousand for legal entities. persons or 5 thousand rubles. for an entrepreneur, the appeal overrides the decision of the previous court on a limited number of grounds:
- illegal composition of the court
- did not properly notify any of the participants
- resolved the issue of the rights of third parties who were not involved
- the decision was signed by the wrong or wrong judges, or not signed by those who drew it up
- meeting room rules not followed
If the punishment goes beyond 100 and 5 thousand rubles, respectively, there are no restrictions in the list of grounds.
The cassation instance considers the complaint, if the case was looked at Court of Appeal or the appellate instance did not renew the time limit for filing the complaint.
A cassation appeal shall be sent within 10 days to the regional court and arbitration court. Cassations are considered by district courts.
Mixing appeal and cassation, as in general courts, in one institution, is absent. A supervisory complaint is sent to the RF Armed Forces within 10 days.
The cassation and supervisory complaints are based on any significant, in the opinion of the applicant, violations. There remains the right to send them, even if the previous instance refuses, to consider the case due to a missed deadline. There are no restrictions in the Code of Administrative Offenses during which a complaint is filed with the supervisory authority.
Copies of previously issued and also contested decisions with wet seals must be attached.
If we talk about challenging the decision in arbitration process, there are pros and cons here. On the one hand, more elaborated rules of the process, on the other hand, a limited number of grounds for filing a complaint.
In addition, the norms of two procedural laws which causes confusion and complexity. All this accordingly requires serious attention.
More information about the appeal against the decision is presented in the video:
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Samples of complaints to the court against the decision of the traffic police, against the actions of the traffic police officer. Terms of consideration of complaints by the court
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Complaint to the court against a traffic police officer
Traffic police officers quite often overstep the boundaries of their authority, insult drivers, do not fulfill job duties, violate procedural and legislative norms, behave unprofessionally or are simply rude. How to deal with this? Complain to the court against the traffic police!
The first reaction of a man to such behavior is a physical response, but shocks, blows and organization of brawls with employees law enforcement have never ended well for citizens, including motorists.
The driver's response can be perceived as an attack on a police officer in the line of duty or as an obstacle to the implementation of professional activities. Regardless of who was the culprit in the conflict, brute force will be applied to the citizen who lets go of his hands, and during the trial, the motorist can go to places of imprisonment for many years.
The traffic police officer is rude and rude what actions?
- Turn on the recording device (voice recorder or camera)
- Write down your position in the note to the protocol
- Call senior management
- Contact the Internal Security Service of the Ministry of Internal Affairs
- Call the FSB at the place of the non-standard situation
- Call an additional traffic police squad.
Complaint against the decision of the traffic police
If we are talking about drawing up administrative order By a traffic police officer with whom the driver strongly disagrees, the complaint can also be sent to the traffic police (higher authorities), or directly to the district court at the place of the alleged offense.
A complaint to a court against a traffic police decision is filed on a form that is easily provided in courts of any instance, or downloaded on the Internet.
The statutory period during which you can appeal against the decision of the traffic police is 10 days. In large cities, some types of rulings can be appealed over the Internet.
It's important to know!
A complaint against a traffic police decision to a court must contain specific arguments and facts about the names of the units, a list of additional documents attached and the actual request - as a rule, drivers are asked to stop administrative proceedings. According to the law, the court is given 2 months to consider the application.
You can file a complaint with the court against the traffic police within 10 days after receiving the order. Otherwise, you will have to separately ask the court to extend the appeal period, which will greatly delay the whole process.
Remember, by filing a complaint against the traffic police order, you actually deprive yourself of the opportunity to pay the traffic police fine with a 50% discount.
A sample of a complaint against a traffic police ruling to a court
Below is a sample of a complaint against the traffic police decree
A sample of a complaint against a decision in the case of administrative offense
To court
from________________________
__________________________
(Name, address of the applicant)
COMPLAINT
on the decision in the case of an administrative offense
By Decree ______________________________________________________
__________________________________________________________________________
from "_____" ____________________ 20___ I will be subject to administrative punishment
as_____________________________________________________________________
(indicate the type of punishment)
according to article _____________ of the Code of Administrative Offenses of the Russian Federation due to the fact that
__________________________________________________________________________.
(indicate the essence of the administrative offense)
I consider bringing to administrative responsibility (punishment imposed) unlawful, since _____________________________________
___________________________________________________________________________
__________________________________________________________________________ .
(indicate why)
Based on the foregoing, guided by Article 30.1 of the Code Russian Federation about administrative offenses,
I beg:
Cancel (change) the resolution _____________________________________
___________________________________________________________________________
(indicate the name of the body, official)
from "_____" ________________ 20 _____
Application: 1.Copy of the ruling.
2. Evidence presented in support of the reasons for the complaint.
A meeting with a traffic police officer for many ends with the drawing up of a protocol on an administrative offense. But what if you haven't broken the rules road traffic and road safety?
The decision of a traffic police inspector on a fine or deprivation of rights can be appealed (disputed, appealed) - every motorist knows about this. But where to go with a complaint against the traffic police decree, how long is it set?
Drivers who do not want to admit their guilt and regard the actions of a traffic police officer as unlawful, go recklessly and file a complaint against the law enforcement officer of the State Traffic Inspectorate with the authorized body. The opposite opinion of the car owner about violations or events on highways can and should be defended. Everything in order.
Terms of appeal against the decision of the traffic police
If the driver is firmly convinced of the illegal actions of the inspector and wants to appeal the decision of the traffic police, it is necessary to take care of meeting the deadlines and submit a written request to eliminate the violation of rights and legitimate interests in time. You can file a complaint within 10 calendar days from the date of delivery of the decision to the motorist (part 1 of article 30.3 of the Administrative Code of the Russian Federation).
Note that in accordance with the legislation of the Russian Federation, the missed appeal deadline can be restored. However, for this, the car owner must have valid circumstances:
- - undergoing treatment in a hospital (serious illness);
- -a business trip to another city;
- - helplessness (mental and emotional instability);
- - a change in well-being due to the intake of narcotic drugs prescribed by a doctor;
- - family circumstances (illness, death of a close relative, treatment of a child in another region, caring for a seriously ill patient);
- -emergency;
- -illiteracy;
- - all of the above circumstances are confirmed by the relevant evidence.
Where to file a complaint against the decision of the State Traffic Inspectorate
If the executive act on the unlawful guilty actions of the car owner was issued by an authorized person (in the situation under consideration, an inspector of the road patrol inspection), it can be canceled by an official holding a higher public position, higher in administrative position body (Office of the State Traffic Safety Inspectorate).
In situations where the decision has been made the judiciary, it can be appealed exclusively in court and an appropriate application must be submitted.
The complaint can be sent by mail through the structural body of the state apparatus, which made an executive decision on an administrative offense or in judicial instance through the general department of litigation.
The fact of filing a complaint must be retained in writing in both cases. This could be:
- - postal receipt;
- -mark on the acceptance of the complaint on the second copy of the document.
Information about where to go, which inspection units are authorized to resolve such issues can be found on the official website of the traffic police. You can make a complaint in a free form.
If the car owner is not satisfied with the decision made by the traffic police, there is always a chance to challenge it in court.
How to properly file a complaint against the traffic police
A complaint against the traffic police act must contain clear and concise information. The written request consists of three parts:
- Description of the situation on the road, factual information about the circumstances, links to applicable laws.
- Information about the reasons for the disputable situation (the lack of a clear conclusion of the medical examination, the report sheet was drawn up by a person who did not have the appropriate authority, the offense was qualified incorrectly, when the decision was made, the period for bringing to justice expired).
- Request to cancel the traffic police decree.
In addition to filing the complaint itself, it is advisable for the authorized body to provide other documentation that will confirm the position of the motorist and will contribute to making the right decision.
In some cases, the applicant may be mistaken with the addressee and indicate the wrong division in the complaint. It is not worth worrying, his application will be redirected to the department authorized to consider it.
Appealing the protocol in court
The drawn up protocol on violations obliges the inspector to arrest the car or deprive the driver of the driver's rights. The case is submitted for consideration to the court. The car owner, in turn, inquires with the summons about the date and time of the proceedings. How to appeal the admin protocol in such circumstances?
At a court hearing, the guilty driver gets the right to defend his position:
- -provide witness testimony in their favor;
- - to involve an experienced lawyer in the proceedings;
- - supplement the evidence base with documents, audio and video recordings;
- -submit a formal application (apply).
As a result, filing a complaint against the admin protocol may lead to the following decisions:
- - to refuse to satisfy the complaint without amending the resolution;
- - cancel the validity of the document and terminate the administrative proceedings;
- - to cancel the decision with the resumption of the consideration of the case on an administrative offense.
If a citizen, after filing a complaint, is not satisfied with the decision, he has the right to appeal to a higher Judicial authority... However, here it is important to take into account that an act of justice passed by a regional, regional or republican legal authority, takes on legal significance immediately after the announcement.
What to consider when applying for an appeal against the traffic police protocol
By drawing up this type of document, the driver, due to ignorance, can make a number of mistakes. Therefore, it is recommended to take into account a number of important features:
- the original of the traffic police admin protocol cannot be attached to the complaint. Only a copy of the document is required.
- if a copy of the protocol cannot be read, you need to improve the quality of the scanned text by increasing the extension or using a Photoshop program. This also applies to the complaint itself.
- Errors and blots are unacceptable.
- the statement must contain only factual information. Empty phrases that do not carry any meaning in this matter must be excluded.
- The arguments are strictly to the point.
- the text must be supplemented with the details of the traffic police.
On the highways, different things happen. Most of them, drivers manage to defend their violated rights and completely or partially remove all charges from themselves.
. . Date: November 18, 2015. Reading time 7 minutes
An illegal traffic police fine came by mail, and justice demands that the case be put on the brakes, for he is innocent. Experts also recommend to promptly challenge the "letters of happiness." Why is it beneficial to prove your case and how to do it correctly?
Attention, camera!
Video equipment at the service of car inspectors is being improved - the list of offenses, images of which are sent to car owners, is regularly expanding.
Today cameras “catch”:
- traffic on lanes allocated for public transport;
- exceeding the maximum set speed;
- parking in unauthorized places;
- crossing the stop line at a traffic light prohibiting signal;
- unfastened seat belts;
- driving into an oncoming lane and other violations.
Anatomy of a Process: Why Errors Happen
The special forces of the traffic police - the Centers for Automatic Recording of Administrative Offenses (CAFAP) - are responsible for the operation of the video recording complexes. A camera installed on the road records the violation and sends a picture to the processing center. Here the computer reads the number of the car from the image, identifies its owner using the database and forms a decree. Then the information is processed manually.
The operator checks: whether the image corresponds to the car, the owner of which issued the decree, whether the license plate is recognized. The verified data is sent to the inspector, who signs the decree and sends it to the owner of the car by registered mail with acknowledgment of receipt with the attached picture.
However, the system clearly does not work, both the technique and the person are mistaken. How to challenge the traffic police fine from the camera, if the recipient of the letter "did not commit and is not guilty"?
In general, do you need to prove something? It is for video recording in the Code of Administrative Offenses (CAO) that a reservation is made - the presumption of innocence does not apply to these cases (part 3 of article 1.5 of the CAO and a note to it). The car owner has to prove his case.
Set deadlines: extracts of a fine, appeal, payment
The limitation period for bringing car owners to justice is two months from the date of the violation (Article 4.4, Chapter 4 of the Administrative Code). It makes sense to check whether the inspectors were late in issuing the order - overdue ones are easily canceled through the courts.
The legislation gives 10 days to appeal against decisions on the recovery of a fine (Article 30.3 of the Administrative Code). The countdown starts from the day the document is received by mail. If the deadline is missed for a good reason, and this is documented (there is a sick leave or an order to send on a business trip), you can still challenge the fine. Latecomers attach to the complaint filed with the court, an application for the restoration of the missed deadline with documents confirming the reason.
If the owner has not contested the ruling within 10 days, it comes into force. Article 32.2 of the Administrative Code allocates 60 days to pay the fine (this is easy to do or using the Auto Payment service from Sberbank). If, after 70 days from the date of issue of the decree, the car owner has not paid the fine, the case is transferred to enforcement proceedings bailiffs.
If you just don't pay
Is it worth hoping that after the expiration of the statute of limitations (two years under Article 31.9 of the Administrative Code), all debts under unpaid fines will themselves "burn"? There is a chance only in case of complete inaction of the bailiffs:
When the decision is in favor of the owner
Nobody forbids challenging any imputed violation. Another thing is that it is worth starting when it is really possible to prove your case.
Based on practice, car owners manage to appeal against the traffic police fine written out from the picture from the camera if:
- Photos and reality are clearly not the same. For example, the license plate from the offender's car was incorrectly read, and the decree was sent to the owner of a completely different car.
- It is impossible to establish license plates from the attached photo.
- The speed recorded by the camera exceeds the technical capabilities of the vehicle.
- At the site where the violation was recorded, no prohibition sign was installed or its action ended up to the place where the car was filmed. For example, a fine was issued for illegal parking, but there is no “No parking” sign on the road section and this can be proven. Learn from a professional auto expert.
- At the time of the violation, it was not the car owner who was driving. The owner is released from liability if he confirms that at the time of the shooting the car was stolen or used / owned by another person (Article 2.6.1 of the Administrative Code). Find out why selling a car by proxy is risky.
- The camera model is not certified to record the violation for which a fine has been issued. This applies, for example, unfastened seat belts safety and dipped beam. Not all complexes are certified for their determination.
- For one violation, filmed by one camera, several decisions were issued.
Is a warning sign required to issue a fine? The road sign "Photo and video recording" (plate 8.23) only informs that a stationary camera operating in automatic mode can be placed on this site. Sign 8.23 must be accompanied by appropriate road markings (1.24.4). No sign is required in front of mobile cameras.
We write a complaint: where and to whom to contact
If the car owner does not agree with the alleged violation, he must be in time within 10 days after receiving the decision to challenge it. Where to go and where to appeal traffic fines from a video camera?
According to the legislation (article 30.2 of the Administrative Code), the car owner sends a statement of his choice:
- The official who issued the order, i.e. traffic police inspector. In this case, the appeal will be redirected to a superior person for consideration, so this option is not working.
- A superior official who is authorized to deal with this type of complaint.
- Directly to the district court at the place where the decision was made.
That. the issue can be settled in before judicial procedure, through the traffic police department, or in court.
Contacts of officials of the State Traffic Inspectorate, to whom a complaint can be sent, are indicated in the decree itself. Since the video filming of offenses is under the jurisdiction of the Centers for Automatic Recording of the State Traffic Safety Inspectorate, in most cases it is necessary to write there (see the contacts of the Russian offices of the TsAFAP).
The application for appeal can be sent to the traffic police by registered mail with acknowledgment of receipt or drawn up on the spot and delivered in person (remembering to put a mark of acceptance on your copy). The most convenient way is to create an appeal through the traffic police Internet service (http://www.gibdd.ru/letter/). At the same time, scans of documents confirming the position of the applicant can be attached to the complaint. For residents of the capital, on the initiative of the Moscow State Traffic Safety Inspectorate, the Autocode portal has been created, which is intended, among other things, for contacting MADI.
Whichever way the complaint is sent, there is no specific form for it.
The application for the reconsideration of the case should be called “Complaint against a decision on an administrative offense” and include the following information:
- data of the person to whom the complaint is sent (name, position);
- applicant's data (name, address of residence, contacts);
- number and date of the contested decision;
- a request to cancel the decision;
- a description of the reason for revising the decision - the reasoning behind the complaint;
- a list of attachments (a copy of the decree, photographs from the camera, documents confirming the correctness of the applicant);
- a mark: "Please consider without personal participation" if it is not possible to be present at the analysis of the situation;
- applicant's signature and date of preparation.
The more detailed the situation is described and the more accurate the evidence is selected, the more chances of success are. The position of the applicant can be confirmed by: photographs, videos, technical characteristics of the car, sales contract, etc.
An example of the motivation for the appeal:
The inspectorate must consider the case in 10 days (Article 30.5 of the Administrative Code). The decision of the traffic police is not final, the law gives the right to appeal it in court at the place where, according to the decision, the violation was committed. Through the website www.sudrf.ru you can find out which district court (magistrate) the address belongs to:
Find out in the video why lawyers advise you to challenge erroneous fines received in the mail.