Appeal against the decree on an administrative offense. How to appeal against an administrative offense decrees. The term of appeal against an administrative fine

The challenge of the protocol of the administrative offense is carried out on the basis of non-compliance with the correctness of the preparation of the document, the absence of an offense in the action of the suspect. The goal is to cancel the negative action of the act, soften or cancel the punishment.

Subjects appeal

Appeal the ruling can:

1. Citizen, IP, a legal entity at which an administrative case was initiated and who disagree with the final or intermediate departmental (judicial) decision.
2. The victim - as such a subject, physical and legal entities can act, for example, violators of the rules road.
3. Legal representatives individual - Their list includes: parents, guardians and trustees of minors and incapacitated citizens.
4. Legal representatives of a legal entity - their list includes employees who are valid by the Charter of the Organization and by proxy, professional defender.
5. Commissioner for entrepreneurs.

When challenging the administrative offense, accused and defender are also acting as subjects of protection. A representative of the offender may be any adulted capable person.

In the future, it is assumed that judicial protection Persons, including administrative affairs, will be able to persons having a higher education or scientist scientific degree in jurisprudence.

If the ruling in the case of an administrative offense issued a court, the law enforcement act may be protested by an authorized officer. As an example, it is possible to specify the appeal of Rospotrebnadzor to the court decision, which took place not in favor of the victim. Officials authorized to exercise control and supervisory functions in a certain field of activity - on transport, in trade, in the field of banking operations, etc.

How to challenge the fact of offense? Order of the complaint

With considering part 1 Art. 30.2 Administrative Code A complaint against the decree on an administrative offense is sent to a higher court or a higher officary person. Recommended to apply for judicial instanceSince it should act objectively and impartially and will study the case with "zero", requesting, if necessary, data from officials, results of expertise and other important information.

Within the framework of the trial, which is conducted according to the rules of ch. 30 Administrative Code of the Russian Federation, additional examinations may be appointed, requested requests for evidence, witness testimony heard. The court has the right to explore audio, videos of offenses, check the law of officials who attracted a citizen or a legal entity to responsibility. The judicial procedure implies an element of competition, hearing the testimony of officials and the offender. The court decision must be strictly motivated. It establishes legal facts indicating the presence of an administrative offense.

If you appeal the administrative protocol in an extrajudicial order, it is considered without a competing process. Despite the fact that the decision officer It should also be logical and based on identified facts and evidence, the share of discretion is likely. Here are obvious departmental solidarity, personal interest and possible abuse.

It should contain:

• -Namination of the court and (or) official;
• - Weekly about the applicant;
• -Information about a person, whose actions appealed, or who accepted the act of attracting administrative responsibility;
• -Contact applicant data;
• -Education part is a sequential characteristics of the events preceding the act of an effect on the merits.
• -Information, what exactly is the offense - incorrect registration of the act, incorrect production of procedural actions, an erroneous examination, violation of the applicant's rights in the process of conducting actions to attract administrative responsibility.
• -Please on the abolition of the action of the decree and the completion of the proceedings.

The complaint should be made written evidence - documents, the results of independent examination, financial and other documents relating to the decision of the case. Other petitions may be stated - about the extermination of evidence, if the applicant and its representatives are not able to do it on their own.

The application is submitted to the court or a higher officer person to the authority. You can challenge the Protocol in a higher court, where the subordinate instance is obliged to send documents with the case for three days after the complaint with the documents arrived. Complaint against the decision of the judge to the Protocol on administrative arrest Or expulsion is sent to the Higher Court on the day of receipt.

If the consideration of the document is not included in the authority of the judge or an official, then the complaint together with all documents is transferred to the court in the order of jurisdiction - within three days after admission. Administrative complaints Not subject to state duty.

The term of appeal

It is possible to challenge the decree on an administrative offense within 10 days after the decision or its presentation by the offender.

Missed for a good reason the time can be restored.

This is only possible if the basis of its passage is respectful and can be supported by specific written evidence (information) - certificates from a medical institution, etc.

The request for the recovery period is expressed in the form of a written petition, which is attached to the text of the complaint. It is subject to separate consideration. The petition can also be expressed in the complaint itself. The decision to restore the period remains at the discretion of a judge or an official. It will be positive if the basis of the skip is recognized as respectful and reinforced with reliable information.

According to the results of studying the complaint, one of the possible solutions specified in the Code of Administrative Offenses of the Russian Federation - Art. 30.2. The decision on the protocol and the prescribed punishment may be left unchanged. The judge has the right to cancel the ruling and complete the proceedings.

It is possible to cancel the decree and return of the case for a new consideration, if significant were allowed during production procedural disorders And the need for the appointment of a more strict punishment is obvious. The court has the right to cancel the ruling and direct the consideration of the case on jurisdiction.

The case must be considered within two months after entering the court and the official.

The court has the right to postpone the case if any Party declared a motivated petition. The court decision may be appealed to further - until Supreme Court RF. When challenging the resolution, it is advisable to use the help of a qualified lawyer.

The procedure for appealing the administrative decree on the offense is established by the authorities of the first instance, where the case was under consideration with the subsequent submission of verdict in accordance with the Code of Administrative Offenses (CACAP).

1. Features of appeal against administrative offenses.
2. The term of appeal to the punishment on an administrative offense.
3. Softeing punishment: causes and regulations for filing a petition.
4. Decision to appeal against the decision.

Features of appeal against administrative offenses.

Administrative Code determines the circle of persons with the right to appeal an administrative resolution. It can be:

• the victim himself;
• a person appears in production in this case;
• legal representatives of an individual or legal (depending on the status of interested participants in production);
• defender and representative;
• commissioner to the President of the Protection of Entrepreneurs' Rights.

Appeal of administrative decrees does not provide for state duty. Before appealing the appointment decree, it is advisable to understand the subtleties that are in this procedure depending on the fact of its entry into force.

The decree not entered into legal force appeals by written appeal to the judge, the body or an official belonging to the body carrying out the workshop on this incident. In addition, the complaint can be addressed directly to court, a higher authority or his official, whose authority relate to its consideration.

Appealing administrative resolutions already having legal force, there are several in more details. The appeal is sent immediately to the court of supervisory instance. Decisions taken on appeals in the procedure for appealing the decisions on administrative violations, on time may be protested by the prosecutor. True, in the case of the decisions that have entered into legal force, the protesting the prosecutor is possible only in order of supervision. In the office work on administrative offenses, the judge prepared by the judge may be subject to appeal in the supervisory court who has the authority of registration. The ability to challenge this kind of resolution in a higher authority depends on who issued an appealed decision.

There is another important moment. Administrative code No appealing of protocols compiled by officials under Article 28.2. Disagreement with the fact of registration of the protocol on the administrative offense and its content is subject to appeal to the superior authorized person, to the dominant body or to the prosecutor's office.

At the time of the decision in the case of an administrative offense, an official (for example, the imposition of a fine by the Distance Resolution), it can be appealeding through a higher authority, a higher officer or by handling district Courtwhere the case was considered. The subject of the judge administrative decree is subject to appealing to a higher judicial body at the place of consideration of the case. The procedure for appealing episodes with refusal to open office work on an administrative offense is set forth in the Thirtieth Chapter of the Code of Administrative Code. The result of the decision on administrative violation of traffic rules There may be even deprivation of the right of driving for a certain period. This concerns serious violations. Less significant incidents, such as, or placement or territory with green plantings under Article 8.25, the CAPA is fraught with imposition, the size of which will be determined as the circumstances of the case.

The term of appeal of punishment on an administrative offense

According to the decree on administrative violation, it is legally the possibility of appealing on a ten-day period from the date of the presentation or receiving an instance of the decision. In practice, there is no case when the appeal occurs after the expiration of the specified period. The law allows for the restoration of the missed time of appeal in the presence of an objective valid reason.

In case of illness, the need to care for severely ill relatives or other circumstances of force majeure to complainity is attached by a petition, which sets out the cause of the term and request for its recovery.

From the day of receipt of the complaint, three days are given to send it along with an administrative dossier into a higher authority, a higher officer, to the relevant court. If the prescribed punishment provides, the specified period is reduced: the transfer of materials is made directly on the day of receipt of the complaint.

Sitting Punishment: Causes and Application Rules

When it becomes a proven fact, in accordance with the law, it is possible to mitigate the damage due to punishment (penalties, penalties or arrest) due to the presence of the circumstances below:

• complete recognition by the violator of his guilt and recognition of the illegality of their actions;
• voluntary cessation of the guilty of unlawful actions;
• report by the violator of the offense until the discovery of unlawful actions;
• voluntary assistance in conducting investigators by the perpetrator;
• voluntary prevention of consequences (for example, assistance to the victim from the intruder);
• reimbursement of damage on its own initiative;
• elimination of harm before issuing a resolution;
• proven medical and psychiatric examination of the condition of the affect;
• pregnancy or minority of the perpetrator.

Recognition of guilt due to pressure or fear, as well as the cessation of illegal actions, the intruder is not voluntary, and due to the detention by law enforcement agencies, they do not fall under the qualification of mitigating circumstances. To consider the question of loyalty to the guilty person to the relevant court, a petition for mitigating a sentence of an administrative offense is filed. This handling describes circumstances, in the opinion of the perpetrator, apply to reduce the degree of punishment with specific standing links to legislation, with the appendix of all related documents and confirming the accuracy of the facts. Here you can formulate request About the presence of concrete witnesses at the court session. Cap The petition contains the name and basic data on judicial authority, considering the case, information about the judge, in the name of which is addressed to appeal, the record number and directly the name of the appeal ("petition"). In the end The list of attached documents is indicated, the applicant's signature with decoding and the date of the compilation (submission) of the document.

Decision to appeal against the decision

Consideration of the complaint is completed by the decision. Possible outcome options may be as follows:

• the ruling can be left unchanged;
• changed in accordance with the request of the petition;
• canceled with the complete cessation of production on the considered re-case;
• canceled due to the return of the case for a new consideration when a significant violation is detected procedural lawil;
• the abolition of the decision may also be associated with the need to tighten the punishment or the direction of the case on the subordinate consideration.

Ubiquity administrative violations He led to the frivolous relation to the society to violations of public order, hooliganism. However, this is a violation of the law, and the absence of a criminal record according to these episodes does not eliminate the complete avoidance of trouble for the violator.

Decree for violation of traffic rules You can appeal in various situations:

• technical error Camera;
• principal advantage of its position in relationships with traffic police;
• at the time of fixing the disorder, the car was ruled by another person (your relative or acquaintance);
• the car is sold under the contract of sale, and recorded in the traffic police did not put - fines of the new owner come to your name;
• other.

The ruling for violating the rules of the road (traffic rules) makes a court or traffic police. For violations of the rules of stop and parking in Moscow, the ruling is carried out by the Moscow Administrative Road Inspection (MAD), for violations of the rules of paid parking in Moscow - GKU AMPP.
The court takes ways Resolutions for such violations as:

• illegal installation on the car "Flashing", "Kryakaklok" and stroboscopes;
• driving a car in the absence of driver's license (management rights);
• driving in a state of alcoholic intoxication;
• repeated excess permissible speed Movement for the amount of more than 60 km / h;
• repeated violation Railway intersection rules;
• repeated exit on the head of the counter movement;
• if violation rules PDD led to causing harm to health easy or moderate severity;
• dispotherpage by the driver of medical examination on the state of intoxication.

Also, if the arrest is provided - "Administrative" is provided for the court.

Decisions made by the courts can be appealed only in court. Resolutions made by the traffic police bodies can be appealed to either in the district (urban) court or a higher police officer.

Article 30.1. Administrative Code. The right to appeal against the decree on the case of an administrative offense.
1. The decision in the case of an administrative offense may be appealed by persons specified in Articles 25.1 - 25.5.1 of the Administrative Code of the Russian Federation:

• rendered by the judge - to the Higher Court;
• a collegial authority to the district court at the location of the collegial body;
• the official person issued to the higher authority, a higher officer, or to the district court at the place of consideration of the case;
• announced by another body created in accordance with the Law of the Subject Russian Federation- to the district court at the place of consideration of the case.

1.1. The decision in the case of an administrative offense, made by the judge, can also be appealed to the superior court by an official authorized in accordance with Article 28.3 of the Code to compile a protocol on an administrative offense.
2. In the event that a complaint against the decision on the case of an administrative offense entered the court and into a higher authority, a higher officary person, a complaint examines the court. According to the results of consideration of the complaint, a solution is made.

The deadlines for the appeal of the fine (recovery of the appeal period)

Article 30.3. Administrative Code. The term of appeal against the decision on the case of an administrative offense.

1. A complaint against the decision on an administrative offense may be filed within ten days from the date of delivery or receiving a copy of the decision.
2. In the event of a skipping period provided for by part 1 of this article, a specified period for a petition for a complaint may be restored by a judge or an official, eligible to consider the complaint.

In other words, you have 10 days to appeal. The countdown begins from the moment of receipt of the letter with the decision by mail or a copy of the ruling in the traffic police.

What if you missed the 10 days allocated to appeal? In this case, you can restore this period, but only if it was missing for a good reason.

It may include: severe illness, helpless state, illiteracy and other circumstances related to the personality of a person who submitted to the duration of appeal.

If the appeal period of the fine has expired and the ruling is not appealed, it enters into force.

Article 31.1. Administrative Code. The entry of the decision on the case of an administrative offense into legal force.

The decision on an administrative offense case enters into legal force:
1) after the expiration of the deadline established to appeal against the decree on an administrative offense case, if the specified decree was not appealed or protested;
2) after the expiration set for appealing the decision on the complaint, the protest, if the specified decision was not appealed or appeal, except if the decision was canceled by the decision;
3) Immediately after making a decision not to appeal on a complaint, protest, except if the decision is canceled by the decision.

What should contain a complaint against the decision

1. Calling a statement.
   It is necessary to indicate the name of the court or the territorial body of the traffic police, which is sent to the complaint. It also indicates the information on the applicant (i.e. your data) and a representative (if any): Full name, address of residence, contact phone number.
2. Title of the document.
   A complaint against the decision on an administrative offense case.
3. Descriptive-motivating part.
   Here you need to briefly state the circumstances of the incident. Specify the number and date of the Resolution, Fm.o. and the position of the traffic police inspector (or judges - if a court ruling appeals), which attracted you to justice, article COAP RF.
   In this part, it is also necessary to describe your position, the grounds for which you consider the ruling illegal. Certain references to the norms of the law to substantiate their position.
4. The operative part.
   In this part it is necessary to indicate that you ask for the court (or the superior body of the traffic police), namely: cancel the ruling (number, date) and stop the proceedings.
5. Application.
   List the documents attached to the complaint, specify the number of sheets in the documents.
6. Signature and date of writing a statement.

What arguments can be used

Each situation is individual. Below are common examples that can be used in your application:

1. The reduced ruling is unreasonable, and the composition of the offense has not been proven.
2. The conclusions specified in the Resolution do not meet the real circumstances of the incident.
3. Incorrect application of the norm of the law (incorrect interpretation).
4. Incontinacy into the attention of the evidence provided by the applicant in their defense.

What fines are better to challenge in court, and what kind of traffic police

If the ruling is made by the traffic police inspector, it can be appealed to both in court and a higher officer of the state of the traffic police. So, where to write a complaint to solve the issue faster and in fairness?

Practice shows that the bulk of appeals is sent to the courts, since it is precisely the court who does not have an interest in the final decision, and accordingly, it will be more detailed and objective to consider the case file.

Article 30.5. Administrative Code. Terms of consideration of the complaint against the decision on the case of an administrative offense.

1. A complaint against the decision on the case of an administrative offense is subject to consideration within ten days from the date of its receipt with all materials of the case into the body, the official person to consider the complaint.
1.1. A complaint against the decision on the case of an administrative offense is subject to consideration within a two-month period from the date of its receipt with all materials of the case in the court, the rule of law to consider the complaint.

Thus, a complaint directed into the traffic police will be considered much faster. Therefore, it makes no sense to direct in the courts of appeal, according to which it is definitely recognized by the right.

What complaints are easier to send to traffic police

1. if you sold a car, and the fines are still coming to you: in this situation it is necessary to appeal the obtained decisions and contact REO with a statement in Syasi with its sale;
2. if there are technical errors in the resolution: the state is wrong. The car's number, if not your car fixed on the photo material;
3. if the camera reacted to foreign items, and you turned out to be a violator (the shadow of the car crossed the solid line of road markings, a motorcycle was driving by a motorcycle with an exceeding speed mode, etc.);
4. if you have forced to go on the red light of the traffic light on the instructions of the controller;
5. if a traffic police officer in a place where it is impossible cannot be done.

That is, everything is obvious to a person, but not obvious to the camera. And also cases when you sold your car, and the buyer in violation of the law did not disappline it on a 10-day term.

What complaints should be sent to court

1. The controversial situations in which the traffic police accept the side of the "Prosecutor" when to make a legitimate decision it is necessary to consider a combination of facts confirming your right.
2. When in the course administrative production:
   - in the case procedural disorders;
   - the incorrect application of the norm of the law is allowed;
   Unlawful actions are made from the staff of the traffic police.

Complaints on the decree on administrative offenses in the field of road traffic are sent to the court of district (urban) level and state duty are not subject.

Judicial practice (examples, when the courts became part of the drivers)

1. Appealing the violation, due to the fact that the wheel was not the owner (organization), but another person (driver) - the complaint was satisfied ( Decision in case 12-378 / 2016);
2. Appealing of speeding, due to the fact that the car was in possession of the owner (spouse), but another person (spouse) - the complaint was satisfied ( Decision in case 12-394 / 2016);
3. Appeal deprivation of the right to leaving scene of an accident - Complaint left without satisfaction ( Decision in case 12-88 / 2016);
4. Appealing the decision for the management of alcohol intoxication - the complaint is satisfied ( Decision in case 12-289 / 2016);
5. Appealing the decision in connection with the violation of the right to defense - the complaint is satisfied ( Decision in case 12-403 / 2016);
6. Restoring the term of appeal - the complaint is satisfied ( Decision in case 12-305 / 2016);

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An administrative penalty is appointed in a solid monetary measurement or a multiple value of the amount of damage, unpaid tax, minimum wage. The purpose of attracting a person to responsibility in the form of a fine is the prevention of new offenses and financial punishment of the perpetrator.

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Administrative responsibility can be imposed on a physical, official and legal entity. The basis for the initiation of an offense case is the presence of an offense, expressed in the guilty illegal behavior of a person encroaching on the basis of legislation.

Consideration is possible only in accordance with the Decree of the Court or another authority to consider cases of administrative offenses.

Code Code of the Russian Federation contain minimal and maximum dimensions Penalties for illegal actions in a certain industry, the amount of recovery is determined in each particular case, taking into account the severity of the perfect act.

Excitement

In order to determine the punishment for the perpetrator, the case of an administrative offense should be initiated, on the basis of the following reasons:

• identification of state or municipal organswho have the right to draw up protocols, the fact of committing an offense;
• information law enforcement and other government agencies and organs local governments about the event of an administrative offense;
• statements of citizens and organizations, media materials on the perfect offense;
• data obtained from automated tracking systems based on the photo and video filming;

Prior to drawing up a protocol on violation, the authorized body or an official is obliged to check for the information received and identified by the facts and, if there are signs of a violation of the legislation to initiate a case in accordance with the provisions of the COAP of the Russian Federation.

Consideration of an administrative offense case

Affairs of administrative misconducts may consider the courts and authorized bodies each in their field:

• law enforcement structures;
• tax authorities;
• sectoral inspections;
• customs Service;
• supervisory industry bodies;
• border Service;
• military Commissars.

The consideration of the consideration of materials on the case must be held within 15 days from the date that a mark was made of obtaining all documents.

Prior to the submission of verdict, an explanation should be obtained from the perpetrator from the guilty person, it should be clarified by his rights and obligations. If you definitely determine the blame of the accused is not possible, you will need an additional study of all the circumstances, a survey of witnesses and the appointment of expertise.

During the meeting, it should be checked if the deadline should have expired to attract responsibility, in the absence of an attracted person to establish whether it was notified properly about the date, time and place of consideration of the case.

Are there any reasons for mitigating punishment, as well as the guilty of being a subject of administrative action measures: whether the necessary age has been reached whether an official or may be exempted from liability due to limited capacity.

In the case of confirmation of all the circumstances as a result of a detailed and thorough analysis and evaluation of evidence, the court or authorized body is obliged to make a decision to attract the violator to administrative responsibility and impose a penalty punishment.

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Overlay administrative fine

The result of the consideration of the case should be the verdict of the court or body, which is entrusted with the authority to consider the case.

The decision on the imposition of a fine should reflect all the norms of the legislation on which it is based, the conclusions of the court or the authorized body, made in accordance with the explanations of those, protocols and other evidence submitted to the case file.

The penalty is imposed on mind:

• characteristics of a person who made misconduct;
• property guilty;
• the presence of mitigating or opposite aggravating factors;
• the severity of the offense;

The minimum fine can be separated if:

• the violator repented and sincerely regrets the happening, by recognizing guilt;
• the guilty himself reported that he broke the law;
• the face attracted accomplished damage to harm;
• on unlawful actions, the person pushed severe life circumstances;
• responsible for committing an offense minor;
• violation is admitted to a pregnant woman or with young children.

In a situation where it was found that the guilty:

• continued his illegal actions after identifying the fact of violation;
• committed a violation again within one year since the previous penalties;
• attracted an offense person who has not reached the age of majority;
• was a member of the group who violated the law;
• made a misconduct, taking advantage of the conditions of natural cataclysms or an emergency;
• stayed in a state of alcohol or narcotic intoxication;
• under such circumstances, the punishment may be maximum and the amount of the fine will be commensurate with the severity of the offense.

The administrative resolution should contain the exact amount of the fine, understandable to the intruder, expressed in the solid ruble, as well as the period of payment and details for which money needs to be paid.

Separate types of administrative offenses

For the completeness and clarity of the presentation of the decisions on the imposition of a fine, consider as a sample of a violation in construction and labor relations.

The construction industry must for the safety of citizens living in residential buildings or by administrative, industrial buildings to comply with all norms and technical regulations established for this sphere.

Violation of requirements for project documentation, special technical conditions in the production of construction work on the construction and repair of objects can be blocked by imposing administrative fine in the following sizes:

• on individuals - within 1-2 thousand rubles;
• on officials - minimally 20 thousand and the maximum 30 thousand rubles;
• on the organization - varies in the amount of from 100 to 300 thousand rubles.

The dimensions of the fines can be doubled from the above, if, as a result of violations, more serious consequences have come - harm to the life or health of citizens, property belonging to them or other organizations, and is damaged to the environment.

For re-violation, the fines may increase:

• citizens up to 5 thousand rubles;
• leaders of organizations or other officials up to 45 thousand;
• entrepreneurs up to 50 thousand and legal entity up to 1 million.

At the guard of labor rights of working citizens, the norms of the Labor Code of the Russian Federation and the provisions of the COAP of the Russian Federation for which the person perpetrators in the commission of administrative misconduct can be subjected to financial punishment. The authority considering cases in this field is the state inspection of labor.

Article 5.27-5.34 of the Code of Administrative Code of the Russian Federation are devoted to labor relations of the employee and the employer. The case can be initiated on the basis of the application, the presentation of the prosecutor's office or during the planned audit.

If there are insignificant violations and eliminated before the start of the inspection, it is possible to limit ourselves to the comments of labor protection inspectors, and in case more serious consequences, the authorized body is obliged to excite the case and, according to the results of consideration, impose an administrative penalty in the form of a fine.

Analysis of the compiled protocols by the employees of the RostrudinSpectorate revealed that the majority of illegal actions make employers for employees for committing disciplinary misconduct. The size of the fines varies from one thousand applied to citizens and up to 200 thousand rubles to the organization.

The procedure for appealing and executing a resolution

The disagreement with the conclusions of the court or the authorized body, set forth in the ruling is entitled to appeal it in an appeal order or by submitting a complaint with a higher officary person.

The appeal deadlines amount to 10 days from the date of receipt by the hands of a motivated resolution, which by the way should be issued immediately after considering the case.

Appealing of administrative punishment provides for compulsory complaints about the unlawful actions of an official or a court to attract administrative responsibility and its subsequent consideration by an authorized subject (person) in accordance with the Code of Administrative Responsibility of the Russian Federation (hereinafter referred to as the Code of Administrative Code) of the Procedure.

But before appealing the administrative punishment, it is necessary to understand that the appeal of administrative punishment is a laborious process, which is spent by a sufficient amount of time and possibly cash in hiring a representative. At the same time, if this decision is accepted, it is impossible to stop at half the path traveled, since in practice, the first appeal practically does not give positive results if there are no gross and significant violations of the law.

At the same time, the attraction of administrative responsibility has negative consequences, for example, negatively characterizes the identity of an individual, causes a reputational detrimental harm to a legal entity, and may even be in the future with an exploring value for a more strict punishment, up to criminal.

So, one of the results of the consideration of an administrative offense case is to make a decision on the appointment of administrative punishment, which is subject to appeal.

This resolution necessarily contain the information provided for by Art. 29.10 Code of Administrative Offenses of the Russian Federation: the data of the official or the court who issued a decision; date and place of consideration of the case; information about the person in respect of which the case is considered; circumstances established by considering the case; Article of the Code of Administration of the Russian Federation or the law of the subject of the Russian Federation, which provides for administrative responsibility for committing an administrative offense, a motivated decision on the case; Term and procedure for appealing the resolution.

The term of appealing of the resolution is 10 days from the date of delivery or receiving a copy of the decision.

In case of passing the deadline for the petition of a person who has submitted a complaint, he can be restored by a judge or an official, eligible to consider the complaint. But we do not advise you to miss the term, because in practice in the petition for the recovery of the term in most cases refuse, even if it is a valid reason.

Subjects:

• a person in respect of which proceeds in the case of an administrative offense;
• victim;
• legal representatives of a physical or legal person;
• defender and representative;
• Commissioner under the President of the Russian Federation to protect the rights of entrepreneurs.

Preparation for appealing

1. explore the available materials on an administrative offense (it is desirable to declare a petition and study them in full), analyze them;
2. choose regulatory acts necessary to prepare a complaint, familiarize yourself with judicial practice on this issue;
3. to identify the violation of the legislation from the moment of the initiation of an administrative offense case prior to the decision to make the decision;
4. systematize them, to estimate the further future reference to violations and possible counterproofs of the other part of the case (officials, court) on the administrative offense;
5. decide in what order (pre-trial or judicial order) will be appealed to administrative punishment;
6. prepare a complaint.

Pre-trial and judicial procedure appeal

The pre-trial procedure of appeal is to write complaints about disagreement with a decision done in a higher authority or a higher officer person.

In our opinion, (site lawyers site), this method is not effective, since interdependence, the cohesion of an official who has made a decision, and its higher managers does not allow to count on maximum objectivity in consideration of the complaint. Although in terms of consideration is the fastest way.

We believe that the most faithful way of appealing the decree on the imposition of administrative punishment issued by an official is appealing to court, especially for each case of an administrative offense, such an opportunity is provided.

But here it is necessary to make a reservation that you need to be patient, because the courts are in no hurry to get up to the applicant's side, especially if it is the offender, but the result of the court session can be sufficiently unexpected.

For example, the court refused the complaint by the applicant, but at the court hearing, establishing the truth of the incident, the judge interviewed the witness so that the applicant had previously unknown arguments to further appeal against the resolution.

The decision in the administrative offense case may be appealed by persons listed in Articles 25.1-25.5.1 of the Administrative Code of the Russian Federation:

1) the submitted judge - to the Higher Court;

2) the collegial authority to the district court at the location of the collegial body;

3) an official with an official - to a higher authority, a higher official or to the District Court at the place of consideration of the case;

3.1) An official with an official specified in part 2 of Article 23.79, part 2 of Article 23.79.1 or part 2 of Article 23.79.2 of the Code of Administrative Offenses of the Russian Federation, - to a higher authority, a higher officer, to the authorized regulatory legal Act President of the Russian Federation, the Government of the Russian Federation or the agreement on the transfer of the implementation of part of the authority The federal executive body or to the District Court at the place of consideration of the case;

4) the other body established in accordance with the law of the constituent entity of the Russian Federation, to the district court at the place of consideration of the case.

Writing a complaint

The easiest way to write complaints - through the Internet network to apply to the official website of the authority, which issued a resolution administrative punishment, or to that organ or court, which decided to appeal the decision.

On the site there are samples Writing complaints, but, unfortunately, some of them have typos and errors, so you need to be vigilant and obtain additional information from other sources.

Each person, including lawyers, has its own features of writing complaints based on theoretical and practical experience ..

Introductory:

• the name of the court, his address (in the Ensky District Court ...);
• applicant data (FULL NAME or legal entity, postal addresses);
• interested persons (FULL NAME or legal entity data, postal address);
• signation "state. A duty: not subject to "(this is not necessary, but based on the practice of some employees of the court office, do not know the legislation, and persistently ask her to pay, without accepting the complaint);
• then in the middle of the brief name of the document: "A complaint against the decision number ... from ... in the case of an administrative violation ...".

Descriptive part:

• the essence of the decision to bring to administrative responsibility (if necessary, briefly the essence of the case) and disagreement with the decision as a whole, indicating specific violations of the COAP of the Russian Federation during its submission;
• the necessary circumstances of bringing to administrative responsibility, choosing and paying attention to those with which they disagree;
• bringing their arguments based on the existing either rendered evidence;
• the interpretation of the existing evidence, which indicates the absence of an offense or to confirm the necessary facts, which indicates the right of the applicant;
• during the writing of all the complaints in its logical proper construction, indicating violations made with a specific point, part articles KoP The Russian Federation, which influence the illegality and unreasonableness of the decision as a whole.

To identify violations of the document, it is necessary to study each document and compare it with the CAC ID standards (by other legislation), which it is regulated. For example, previously indicated in another article.

To identify violated procedural rights, it is necessary to know their rights and analyze every action of an official or court to violate them (for example, the absence of necessary notifications, an unauthorized refusal to study materials, etc.).

Final part:

• it is indicated on the basis of what rule the complaint is written (on the basis of the above and in accordance with Article. 30.1-30.3 of the Code of Administrative Code, I ask: ...)
• a specific request (about the cancellation of the decision made is possible on the termination of an administrative offense);
• the list of attached documents, if available (evidence that is not in the case of an administrative offense case, it is possible to provide them);
• date of compulsory complaint and signature.

The complaint is submitted to the above authorities personally, through a representative, by means of postal connection in compliance with the ten-day term. We wish you good luck in the struggle for restoring violated rights.

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