Decree on the imposition of a fine for violation of traffic rules May be appealed in court. After all, most of the types of unlawful misconducts performed today are punishable by administrative responsibility.
It can have different types: ranging from a warning, and ending up to 15 days. However, in most cases, the traffic police officer discharges a decree - a receipt.
By law, each driver has the right to defense. Is it possible to challenge an administrative penalty in court, and how to do this in the article.
In this article:
What is an administrative penalty
In accordance with the provisions of the COAP of the Russian Federation, the fine is money amountwhich the offender should make a matter of or another. Its size is determined by the character of the perfect misdemeanor, as well as after these consequences.
Also, the amount of the fine affects the fact of bringing to responsibility earlier. In addition, the amount of sanctions directly depends on the subject of the offenses.
So, fined separate citizens, officials of enterprises, as well as legal entities themselves can be separately. Moreover, in the latter case, fines can achieve significant sizes.
An administrative penalty for violation of traffic rules can be used simultaneously with other types of punishment.
For example, a violator simultaneously with a fine can be deprived of driver's license.
As for the enterprises, for pollution ambient These can be applied punishment in the form of temporary suspension of activities.
As imposed penalties: general procedure
Depending on the type of offense, the decision on the case of an offense can be accepted or an authorized state body or by the court. From this directly depends on the procedure for appealing the applied sanctions.
The submission of the specified ruling is preceded by the preparation of the Protocol on the case of administrative offense. It records the fact of the perfect misdeed.
In addition, the protocol may be listed and explanations of the violator of relatively perfect actions.
For exist the following terms of limitations:
- When publishing a decision by the state body - 2 months.
- When deciding by the court - from 3 months to 5 years and more.
The expiration of the statute means the liberation of the face from the obligation to pay a fine. When the decision was not protested, the person or enterprise there are two months to pay imposed sanctions.
How to make a complaint
How to challenge the traffic police? To appeal the decree-receipt, it is necessary to make a complaint and in the law established by law to submit it to a higher officary person or court.
The complaint should contain the name of the addressee, for example, the Basmanny District Court of Moscow, and information about the person, which is submitted to the complaint (FULL NAME, address of the place of residence), as well as the number of the contested ruling, the date of its submission and the type of punishment.
In the complaint itself, the circumstances of the incident, which was the reason for the preparation of the Protocol on the administrative offense and the subsequent decision of the decision on the case, emphasizes its illegality.
From how legally, a complaint is made up, the outcome of the proceedings will largely depend.
Therefore, it is important that the arguments of the face appealed by the punishment, supported by references to specific regulationswhich were violated when making a decision on the imposition of a fine.
The term of appeal of an administrative resolution
The term of appealing the decision on the case of an administrative offense, in accordance with Article 30.3 of the Administrative Code, is 10 days from the date of the presentation or receipt of a copy of the decision.
During this time, the offender, who considers himself innocent, can compile a complaint and submit it to a higher officer or court.
For offenses provided for in Articles 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58 of the Code of Administrative Code, the five-day deadline for filing a complaint is indicated.
If the set deadline for filing a complaint is missing, then it can be tried to restore it. To do this, you need to submit a petition to the judge or a job person who will consider the complaint.
Failure to satisfy the petition can be challenged, despite the fact that the COAP does not provide for such an opportunity.
This is stated in paragraph 31 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 24.03.2005 No. 5 "On some issues arising from courts when applying the Codex Russian Federation About administrative offenses. "
A complaint against the decision on the case of a fine, submitted to the extrajudicial body or a job person, in accordance with Article 30.5 of the Code of Administrative Code of the Russian Federation, should be considered within ten days from the date of receipt. If the complaint is submitted to the court, then its consideration is increased to two months.
The procedure for appealing an administrative fine
How to cancel an administrative penalty? As we have already talked, it depends on who adopted a resolution and attracted a violator to justice. If it is a state body, then the complaint is submitted to the superior structure or to court.
When the decision on the imposition of a fine, the court accepted, then the complaint is submitted to appeal instance. As practice shows, the most effective is the judicial appeal.
Our lawyers have the necessary experience of protesting penalties against drivers. And they can prepare a complaint as soon as possible.
At the same time, you need to remember several basic rules. On the cancellation administrative fine For violation of traffic rules, only 10 days from the date of receipt of its copy.
When you pass this deadline, it can be restored, but only for good reasons. In addition, when applying for a complaint, there is no need for state duty.
If the application for appealing the resolution will be satisfied, the court cancels it, at the same time closing the proceedings.
Appeal of administrative punishment provides for composing a complaint about the illegal actions of an official or court to attract to 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 Administrative Code of the Russian Federation) 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, attracting administrative responsibility has negative consequences, for example, adversely characterizes the identity individual, Deals reputational damage to a legal entity, and may even be in the future pretty value for more strictly 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 COAP The Russian Federation or the law of the constituent entity 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 physical or legal entity;
- defender and representative;
- Commissioner under the President of the Russian Federation to protect the rights of entrepreneurs.
Preparation for appealing
- explore the available materials on an administrative offense (it is desirable to declare a petition and study them in full), analyze them;
- pick up regulationsnecessary to prepare a complaint, familiarize yourself with judicial practice on this issue;
- 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;
- 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;
- to decide in what order (pre-trial or judicial order) will be appealed to administrative punishment;
- 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 authorized officer 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 Administrative Code of the Russian Federation, - into a higher authority, a higher officer, who is authorized by the relevant regulatory legal act of the President of the Russian Federation, the Government of the Russian Federation or agreement on the transfer of the implementation of part of the authority The federal executive body or to the district court at the expense 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 contact the official website of the authority, who issued an administrative punishment decision, or to that body or the court in which the decision was made 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;
- throughout the writing of all the complaints in its logical proper construction, indicating violations made with a specific item, part of the Article Code of Administrative Offenses of 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 law It is necessary to know their rights and analyze every action of an official or court for their impairment (for example, the lack of necessary notifications, an unlawful 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.
Questions, comments and reviews Please leave in the following form, we will be happy to communicate with you.
If a citizen is attracted to administrative responsibility, he has the right to appeal such a decision, and how to do it, and what kind of sample is better to use - right now.
Such cases occur in a sufficiently large number of situations that are spelled out in the Administrative Offenses Code. There also indicates a general procedure that a person can use to appeal to this or that decision that seems to be unfair. This information is contained in the 30 chapter of the Code. articles from 30.1 to 20.8 inclusive).
Regardless of what kind of violation there was and was recorded by police representatives, the procedure for its documentary recorded and, accordingly, the beginning of the consideration consists of 2 stages:
- First, the authorities initiate the case of a perfect citizen administrative offense. This stage is accompanied by the compilation of a special protocol.
- The case is then considered, as a result of which the execution and entry into force of the decision on it occurs.
Between these two documents there are significant legal differencesare considered further.
Protocol on offense
On the fact of the occurrence, the police must compile a protocol. In fact, this document only fixes the situation (incident) exactly from the point of view of government representatives. The citizen himself is not obliged to agree with the protocol, so he has the right to choose. If he does not mind whether his consent is automatically recognized. If he objects to the merits of this document, has the right to reflect his position in writing, as the corresponding mark is made in the protocol.
Thus, the protocol:
- does not make any charges to citizen;
- accordingly, it cannot be appealed - since no complaints are presented at this stage;
- moreover, in this document, the citizen himself can express disagreement and ask for this information into his text.
The document always reflects the following information:
- Date, place of compilation.
- FULL NAME, the position of person who is a document.
- Detailed description of the offense and mandatory reference to a specific article / CACAP Articles.
- Information about the violator - FULL NAME, date of birth, floor, passport details.
The standard protocol blank is presented below.
Decision on the offense
- The protocol and the case are considered by a higher officer - the head or deputy chief of the local department of the Ministry of Internal Affairs. According to the results of the consideration, the employee is a resolution.
- The document together with other evidence, if any, is transmitted to the court, and then it is the court decision to have legal consequences For violator.
It is a decision on an administrative offense and is a direct accusation of a citizen in the incident, accordingly, it is possible to show how this document appeals.
Thus, the ruling:
- states the fact of the offense of an administrative nature;
- accuses to the deed;
- it seems to suffer a certain responsibility - a fine, administrative arrest and etc.
This document has legal force. The violator is obliged to fulfill his prescription and, for example, to pay a fine. Nevertheless, it was at this stage that a citizen has the right to compile a complaint of a certain sample, disagreering with the arguments for an administrative offense.
Of course, in some cases, the decree may have a justification, but such situations arise much less often than documents with a statement of violations.
Opinion expert
Sobolev Dmitry
It should be taken care to be sure to get a copy of the ruling in hand - it is this document that will serve as basically evidence for all subsequent legal procedures for appeal.
Dates of appeal
In most cases, the right to appeal the decision is 10 calendar days from the day that follows the day of the decree in force.
However, due to certain valid reasons, such a period may be restored even when applying, for example, a month later:
- disease impairment;
- severe illness of his close relative, a child, because of what he had to take care of him;
- fires, earthquakes, floods and other natural disasters;
- force majeure events: robbery, attack, theft in the apartment, etc.
In all cases, the decision to restore the deadlines takes a higher person - for example, the head of the Ministry of Internal Affairs or the superior structure of the Ministry of Internal Affairs (or the Court). The obligation to prove the fact of a valid reason lies with the citizen - he must bring documents from the hospital, certificates from the police, etc.
Procedure appeal
There are several options for filing a complaint. At the same time, you can choose any of them yourself, without even contacting the intermediate instance. For example, if the alleged violator does not want to appeal through the Ministry of Internal Affairs, it can do it through the court. If he submits a complaint at the same time in the Ministry of Internal Affairs, and to the court, it means that the case will be considered in court.
In general, there are 3 ways to appeal:
- Appeal to the Ministry of Internal Affairs or to a specific official, which is standing above on the provision regarding an employee who has adopted a decree on the offenses.
- Appeal directly to the court, if a citizen believes that such a measure is more efficient.
- Finally, the most extreme option in such situations is an appeal to the prosecutor's office, i.e. An authority supervising the observance of legislation by police representatives. This possibility can be used in cases where the dates of treatment have expired or the result of the appeal to the Ministry of Internal Affairs did not suit the citizen.
Thus, you can contact the police or immediately to court. On the other hand, according to the results of the investigation of the legitimacy of the decision from the police, you can contact the prosecutor's office or go further to court. Vividly all these solutions are presented in the scheme.
NOTE. Even a citizen's mistake in determining the jurisdiction eliminates the risk that the complaint will not be considered. Thus, if, for example, the claim was filed to another court, the body is obliged to send a complaint to another instance within 3 working days. A citizen will receive a notice of mail.
Appeal to the Ministry of Internal Affairs
From the point of view of simplicity, this is the most optimal option, since:
- the case is considered very quickly;
- it is not expected to pay the state duty.
On the other hand, the effectiveness of such a measure is small - in most cases the higher authority of the Ministry of Internal Affairs or an official agrees with the adopted decree, and the arguments of a citizen not recognize justified.
However, try to use this path is quite possible. For this, a citizen draws:
- The official who has a higher position relative to an employee who has adopted a decree on offense (for example, head of the Ministry of Internal Affairs).
- In the higher authority of the Ministry of Internal Affairs - for example, the Office of the Ministry of Internal Affairs in the Omsk region.
In all cases it is necessary to provide:
- a copy of the decision;
- your passport;
- a complaint about the decree on an administrative offense, the sample of which is considered below;
- if possible, documents confirming your position (for example, written testimony).
Further, 2 options are possible - a higher officer either agrees with the arguments of a citizen or rejects them. In any case, an appropriate document is made, a new ruling, a copy of which is obtained by the citizen. It must be preserved to be preserved to use as an evidence base in the course of further consideration of the case in court, in a higher police or prosecutor's office.
Appeal to the Court
When contacting the court, it is necessary to submit the same documents, but they also attached the statement of claim, which is compiled in arbitrary form. The conversion sequence in this case is this:
- First you need to go to the world court at the place of your registration (and when in another region - to the nearest).
- Then you can appeal a negative court decision in the district court.
- Then he can appeal the decision district Court in regional or edge (depending on the name of a particular region).
- Finally, the last instance is the Presidium of the Subject and the Supreme Court.
In this situation, the state fee is also not expected, i.e. in any case, for a citizen, the appeal procedure is completely free. In addition, the court will work no more than 15 calendar days after the day, as all necessary documents were filed.
Thus, the court can make one of the types of decisions on the case:
- The negative option is that his complaint remains without satisfaction, and the ruling is legal, and no changes are made to it. Those. After such a decision, if there is no further appeal, the citizen is obliged to fulfill the requirements of the Resolution - a fine, administrative arrest, etc.
- Change of resolution. In this case, the law is always on the side of the citizen - i.e. The force of administrative punishment cannot increase the one that was assumed initially in accordance with the decision. Thus, the change can always be only positive - for example, a decrease in the amount of penalty pay.
- The ruling can be canceled, and the case returned to a new consideration - in the same department of the Ministry of Internal Affairs, where the procedure has begun.
- Or the decision will cancel, but will return to the case for consideration in the next standing court, if a citizen originally appealed there.
- Finally, the ruling can cancel and recognize its illegality. Those. A citizen is exempt about administrative responsibility, the ruling is lost.
Opinion expert
Sobolev Dmitry
Administrative Offenses Lawyer, Site Expert
NOTE. If the Court takes your direction, you have the right to demand an official to be responsible for the excess of the powers, as well as possible compensation for material or moral damage. All further action are carried out on the initiative of a citizen and only in judicial order.
Sample complaint 2018.
Finally, it is important to understand how to make a complaint correctly, which model will take advantage of to appeal against the decision on the administrative offense, which there are disagreements.
Regardless of what reason it happened, i.e. What exactly the COAP article is broken from the point of view of the police, it is necessary to adhere to a general sample, which includes:
- An indication of the judicial instance or name, the position of the superior officer of the Ministry of Internal Affairs (or the prosecutor's office), to which the complaint is served for consideration.
- NOTE FOR RESOLUTION - Number, date.
- The descriptive part in which the fact of the incident is written in detail - about who, when and on what basis amounted to a resolution, what type of disorder is allowed from the point of view of the police (with reference to article COAP). In fact, in this part, you can rewrite the main content of the protocol or ruling.
- Sweese part - i.e. Directly a request for the abolition of the decision.
- Applications - Documents that are attached to the complaint. In mandatory, this is a copy of the ruling and at the request of the alleged violator - any documents that from its point of view will be able to prove the right point of position. For example, writing testimony of witnesses, recording camera mobile phone, etc.
- Date, Signature, Signature Decryption.
What provisions of the CACAP can be referred
It is important to understand that when drawing up such a document, even minimal knowledge of legislation is of great importance. You need to be able to justify your complaint to correctly - and this is possible only with the condition, references to specific COAP provisions, for example:
- Article 30.1. - You can refer to it in any case, as it claims the right of a person to make it possible in principle to appeal any resolution.
- Article 2.9. - Insider's insistence. It is understood that the event does not have much importance, the violation refers only to formal, since it really did not affect someone's interests and the more material or moral harm. In such cases, the law implies an alternative - oral remark. It should be understood that the court or a higher person is entitled to both agree with the arguments of the intended intruder, and to reject them - i.e. It is impossible to count on this article.
- Article 24.5. - Here contains a number of conditions under which the ruling can be canceled:
- there is no violation composition or not as such an event that was interpreted by police as a violation;
- a citizen violated the law, but only formally, due to the fact that he had to act, defending himself (necessary self-defense);
- the entry into force of the Affairs Act regarding the violated CACAP article;
- violation of the statute of limitations on the initiation of the case.
An example of complaints is presented below.
Thus, everyone has the right to make a complaint of the considered sample to express his disagreement with the administrative offense, which he committed from the point of view of the police. The procedure is performed completely free and carries any risks for him. At the same time, in most cases, the appeal can be independently, without additional legal advice.
(12
estimates, average: 4,42
out of 5)
Acts of officials of any controlling bodies, as well as actions (inaction) of inspectors, can be appealed in judicial and pretty order. In the first case, the claim is submitted to the court, in the second, the complaint is sent to the authority, which made a decision, a higher officary person or a higher authority, and such an appeal order is called administrative.
Advantages and disadvantages of administrative appeal
The pre-trial order, in contrast to the judicial, is simpler in terms of preparing and designing documents (make up and file a complaint simply, and the grounds for its return without consideration are minimal). Administrative appeal is free for the applicant: the state duty (a different fee) for consideration of such appeals is not charged, as happens, for example, when contacting courts. In addition, higher authorities or officials do not have the right to leave the complaint obtained without consideration.
Entering the authorized control bodies of the appeal of legal entities and individuals are conditionally divided into applications, proposals, petitions, requests and complaints.
Appeals to higher authorities may be very effective, especially if the complaint is competently compiled. Despite the common doubts, many complaints are satisfied. If this does not happen, you should not despair, you need to see how you can pay the situation in your favor.
First, the complainant receives a temporary advantage. As an example, it is possible to consider appealing the decision on bringing to administrative responsibility. It is known that the contested ruling should be appealed in administrative or judicial order no later than 10 days after receiving its copy.
If this period is missing, it is not easy to restore it: it will be necessary to declare a separate application for the recovery period, to provide evidence of the passage of the term for good reasons. Did the official or the court consider the cause of the cause - it is not known. In addition, 10 days are not enough to have time to consult with experts, competently compile a statement in court of Arbitration, to arrange documents, to collect the necessary evidence, consult with experts and specialists.
When appealing in a 10-day term "illegal" ruling in a higher authority, the applicant's complaint receives a temporary advantage, and even if it is confident. So far, the complaint will be viewed (add a few days to postal delivery), you can prepare for law proceedings. After refusing to satisfy the complaints appeal to the court.
If the decision on the imposition of administrative punishment was appealed in an administrative manner, a 10-day term for appeal to the court will begin to be calculated from the date of receipt of a copy of the decision on bringing to responsibility, and from the date of the presentation or obtaining a decision of the higher authority for the complaint.
Secondly, the execution of imposed recovery for the period of administrative appeal can be suspended. To do this, in the text of the complaint or in the application it is better to declare a motivated petition.
Thirdly, it becomes possible to find out the position of the higher authority (official) on this issue.
Fourth, from the official answer on the complaint, you can determine which arguments will be the court of controllers, and competently substantiate their counterproofs, prepare evidence in advance.
The following is the following from the most important deficiencies of administrative appeal: the dispute is considering one of the parties to the conflict, and often such appeal does not bring positive results. Higher organs or officials, acting in accordance with the current practice and input documents (instructions, instructions, etc.), often recognize the wrong decisions legally correct, the actions (inaction) of the lower bodies and their officials.
Another significant drawback is the deterioration of relationships with the controlling body or personally with the official.
In each particular case, make a decision on the feasibility of appealing decisions, actions (inaction) of the regulatory authorities should the head of the organization or entrepreneur based on the actual circumstances of the case.
In addition, individual entrepreneurs, organizations and their officials can use in any sequence in their choice in any sequence of the appeal methods. Feed complaint B. administrative order The decision, actions (inaction) of the body or an official does not exclude simultaneous or subsequent submission of a complaint with similar content to court or the prosecutor's office. If the officials of the regulatory authority declare that before contacting the arbitration court, you should write a complaint to the name of a higher official or organization and wait for the results of the consideration, know: you are misleading.
To avoid the situation when one and the same dispute, the adoption of two solutions is possible (if complaints are submitted simultaneously in judicial and administrative order), the legislator has envisaged the consequence of the applicant to choose the appeal procedure. The priority in making a decision on the complaint is given to the court. So, the appeal of the face with a complaint of similar content in court, accepting it to consideration or making judicial decision is the basis for refusal administrative complaint. Therefore, when a complaint comes, a higher authority or an official, as a rule, requests from the lower body or an official who has committed the action committed (inaction), not only documents and information necessary to consider complaints of essentially, but also information addressed The applicant with a similar complaint against the Court (then a copy of the court definitions on the adoption of a complaint against consideration or judicial decision is attached to the case.
How to file a complaint
The complaint is submitted to a higher authority or a higher officary person in writing. Submitting a complaint with telegraph, facsimile bond, and e-mail is not allowed.
If the applicant wants to appeal against the decision to bring to administrative responsibility or actions (inaction) of the head of the regulatory authority, should be applied to any of the higher authorities, if the actions (inaction) of inspectors are to the immediate leadership (the head of this control body).
If the applicant does not know where to submit and to whom to address his complaint, first of all, it is necessary to study information stands in the body that ruled or whose employees are officials whose actions (inaction) you intend to appeal.
TERMS OFFER OF SUPPLY
To appeal against the decision on bringing to administrative responsibility, a 10-day term from the date of delivery or receiving a copy of the decision was established. In other cases, the deadline for filing a complaint (on the decision, the action of the controller, its official) is three months from the day when the applicant learned or should learn about the violation of his rights, freedoms or legitimate interests, on creating obstacles to their implementation or illegal imposition There is any duty on him.
A complaint against the inaction of the authorized body or his official is submitted within three months from the date of the expiration of the established period for adopting this body or his official decision on the action provided for by law.
The complaint is considered to be submitted on time if it is submitted directly to the authorized body or sent by mail until the expiration of the last day of the term established by law. If the complaint is submitted by the applicant directly to the authorized body, the date of submission is the date of its registration in this authority. If the applicant sends a complaint by mail, confirming compliance with its duration of its filing is a stamp that has affected Pa Envelope by the Department Communication Department.
How to restore missed time
Missed for a valid reason for filing a complaint by the applicant can restore on a written statement. Such a petition is included in the text of the complaint or drawn up in the form of an independent document.
In any case, there must be a documentary confirmation of the reason for which the term of appeal is missing.
When solving the question of the possibility of restoring the term of appeal by respectful reasons for individual entrepreneurs, they are usually recognized:
temporary disability caused by a disease or injury;
severe family or personal circumstances (for example, death or serious illness of relatives);
business trip;
force major circumstances (natural disasters, folk unrest, military actions, etc.).
For legal entities, it is problematic to restore the missed deadlines: neither a travel campaign who had to sign an appeal nor a regular lawyer's production injury, which was supposed to prepare a complaint, are not good reasons for passing the term of appeal. It is possible to restore the missing period by presenting evidence of the emergence of force majeure circumstances, confirming the fact of the seizure of any documents by employees of the authorized body, etc.
The possibility of recognizing the cause of valid is determined in each particular case by a person considering the complaint. The recovery of missed deadline is expressed in the actual acceptance of the complaint against consideration. If the recovery of the appeal will be denied, the causes and motives are explained by the applicant in writing.
Drawing up a complaint
Entrepreneurs and managers of organizations in the preparation of complaints often seek to save not only on state duty, but also services of specialists. Meanwhile, independently and competently draw up an appeal, lead references to legislation and judicial acts, as well as to prepare the evidence base, not all businessmen and staff members of organizations are capable of. Some applicants are "collapsed" to draw up circulation in such a way that they involuntarily confirm their guilt or inform controllers about the essentials.
As a result, refuses to satisfy complaints or, which is even worse, the control body is at its disposal additional evidence of the applicant's guilt.
How to make a complaint yourself
If you decide to make a complaint yourself, use the proposed recommendations:
1. At the beginning of the document, it should be shown to whom and from whom he did, as well as the name of the authority (the position of the employee), the decision, actions (inaction) of which appeals.
2. Indicates the date of compilation.
3. In the title, the word "complaint" should be present, so that your appeal is made and regarded. However, the name "complaint" will allow officials already at the stage of primary processing of documents identify it as such, and not as a proposal, for example, to improve the work of this department.
Note that during the primary processing, the essence of circulation and performers (division or official) are determined. In order not to delay the solution to the question, it is better if the appeal will be called in accordance with the documents adopted by the classification received from organizations and citizens.
4. Having written the word "complaint", it is advisable to specify its subject (the essence of the contested decision, actions (inaction). For example, "on recognizing invalidation of the decision to bring to administrative responsibility", "on actions ... in connection with the illegally assigned duty ...", "To the inaction of the head ...", "on illegal actions of police officers."
5. Clearly, concisely and essentially outline the essence of the problem, dispute, calling the circumstances, on the basis of which you think that your rights, freedom and legitimate interests have been violated, freedom, freedom, and legitimate interests are violated; or duty. Do not neglect the dates of making you, your counterparties or official of the control body of action (inaction). If you have applied for applications, specify the dates of their submission to the control unit, provide the dates of receipt of the prescriptions, regulations, etc. At the same time, remember that a verbose and unsystematic compiled document is difficult for perception. The official works, first of all, with documents, it must establish the legality of the contested decision, actions (inaction), but it is not obliged to delve into the essence of the problems of your company.
6. If you refer to any documents, in the text of the complaint, bring their individual details in the text (for example, name, date, number) and specify: "Copy is attached" or "see Applications. In all details, the complete details and content of these securities are unnecessary.
8. Separately, specify your requirements and requests: "I ask to cancel (change) the ruling," "stop the administrative case", "send a case to a new consideration", "Cancel (soften, reduce) Punishment (penalty)", "Frequent responsibility. "
9. At the end of the complaint or in the accompanying letter, specify the name, details of the attached documents and the number of sheets.
The appeal is signed by the applicant - an individual entrepreneur, and on behalf of legal entities there may be their bodies operating within the authority provided by regulatory legal acts or constituent documents.
10. The circulation is drawn up in two copies. One copy is sent by mail, is transmitted directly to the authorized body or is awarded to a job person on a personal reception. The second - remains from the applicant, as well as documentary evidence that the complaint has been sent or transferred to the authorized body, its official person. Such evidence can play an important role in resolving the dispute and will indicate that procedural deadlines were observed and the controlling authorities were, at least informed about the violation.
Some details of the question
If evidence is not attached to the complaint, it is still obliged to adopt to consideration. Some of the documents and their copies are already available at the disposal of the lower organ and, in accordance with the existing order, it will give all the materials into a higher authority or a sake of the complaint. In addition, if officials have the need to receive additional evidence (for example, for consideration of the case on the merits) or in the study of the original, you must submit the papers needed to familiarize themselves. Otherwise, officials will be able to refuse to satisfy the complaint due to failure to provide the applicant necessary evidence.
Elementary rules when presenting originals for authentication
First, ask that the oral request gains, as is the case, according to the law, the official written form, indicating the list, the term and place of the submission of the requested documents, goals and the intended refund periods.
Secondly, remove the copy from each document and wrap it with a notarial or official person who takes documents.
Thirdly, transfer documents on the act, where it is indicated: the grounds for transferring documents, the date, details and the full name of the person who transmits the documents, the name of the body to which the documents are transmitted, and F. I. O., the position of the paper directly are awarded. Naturally, the act should bring the name and complete details of the documents, and if necessary, briefly state their content. However, the information provided can be specified in the accompanying letter, for example: "At your request No. ... from ... On the provision of documents for ... We send the following documents ..." When copies are transmitted on request, it should be specified separately.
If the originals in the controlling authority are lost or corrupted, you will have evidence in your hands that the papers really existed and their damage or loss did not have any fault.
Decisions made by complaints
Refused to satisfy the complaint
According to the results of consideration of the complaint, it can be denied. In this case, it is recognized as a legitimate decision, actions (inaction) of the authority or its official.
Complaint Satisfy
When the complaint is satisfied, the decision is canceled, a given by the lower body or his official, or they are recognized as illegal actions (inaction). The complaint can be satisfied in whole or in part. When a decision is canceled on attracting administrative responsibility, the proceedings on the case of an administrative offense are terminated or an additional check is arranged (for example, if the guilt of the offender is not enough documentary evidence or violated the procedure for bringing to responsibility).
Satisfying the complaint, a higher authority or an official or recognizes illegal actions (inaction) of the lower organ (official) and at the same time determines the list of actions that must be committed in order to eliminate the disorders, or independently make such actions if it refers to its competence.
Refusal of complaints
Refuses to consider complaints are possible:
if the written form of appeal fails is not met, the appeal timing is violated;
if the document is not signed by the applicant or signed by a person who has no appropriate authority to implement the representation;
if there is no indication on the subject of appeal, the body (official), whose actions appealed, as well as on the person who filed a complaint.
In these cases, the applicant is mandatory sent to a written refusal (indicating the reasons) in the consideration of the complaint. The decision to refuse to accept the complaint to consider may be appealed in general. In addition, receiving clarification of the reasons for refusal and eliminating the shortcomings, the applicant has the right to reoper a similar complaint.
Appeal of the decision
The decision on the complaint necessarily explains the procedure for further appealing of the decision, actions (inaction) of the authorized bodies and their officials with reference to the relevant norms of the legislation, which provide for such an appeal.
The secondary appeal of decisions, actions (inaction) of the controlling bodies and their officials is carried out in court instances. However, the applicant has the right to contact the prosecutor's office.
Responsibility of officials
In many cases, violations admitted by the lower organs and their officials, the higher authorities will learn from the complaints received from legal entities and individuals. Disciplinary responsibility can be applied to the owned official: a remark, reprimand, a warning of incomplete official accordance, exemption from a replaced position of civil service, dismissal from the civil service.
In addition, officials can be attracted to administrative, criminal or material responsibility.
Appealing an administrative fine: where to start where to contact, in what cases is drawn up. How to succeed and appeal?
According to the current legislation of the Russian Federation, if a citizen does not agree with the offense in which he was convicted, he has the right to appeal it. Thus, it is quite realistic to appeal an administrative penalty and other sanctions and punishments. Let's analyze the sequence of actions necessary to achieve the desired result.
The offense can only be challenged if an act containing the ruling is appealed government agencies In the process of consideration of the composition of the case. The final and most important document is a decree on a particular cause.
The charm of challenges can be started and implemented by the following persons:
- citizens who should incur administrative punishment;
- citizens who are legal representatives first category;
- representatives or defenders of the first category of citizens who take part in the consideration of the case in order to provide competent assistance.
Appeal is launched after the complaint.
A complaint
Compiled complaint goes to the authorities judicial authority At the location of the body, the resolution of which should be challenged.
Thus, complaints are divided into several types, depending on the organ in which they are sent, namely:
The decorated complaint, with the documents and materials attached to it, is sent to the judge, the official person who made the ruling and dealt with the consideration of the case. Next, for three days, the above authorities must redirect the complaint with all the attached documents and materials to government agencies with broader powers or due to the decision dealing with these issues. Please note that the filing of the complaint does not require payment and any state duties.
The deadline for filing a complaint about an administrative offense is 10 days from the moment that a citizen has received the decision of the authorized body regarding his question. If this period has expired, but it is necessary to file a complaint, the procedure is already carried out in cassation. If the fact of illegal actions, decisions or decisions of state authorities, it is possible to appeal against their decision within three days. Three-day period begins with the date when the victim learns that his legal rights And freedoms were violated.
Correct the complaint
To achieve the desired result, it is necessary to pay considerable attention to the complaint. It should contain the essence of the problem, describe in detail the occupied position and bring appropriate arguments or decisions. In mandatory, the document must contain such data as the data on the plaintiff (that is, about a person who submits the complaint) and the name of the organization, the structure in which the complaint is directed.
It is also important to paint and give a detailed characteristic of the circumstances when an offense was committed and described the actions of officials, the legality of their actions. Another mandatory point: listing requirements. For example, it may be replacing an administrative fine or other type of punishment on a more stringent or complete removal of recovery, compensation for harm caused and so on.
Disputes with officials
The most common type of affairs about appeal is the processes on administrative offenses that were approved not only officers, but also various other structures, organizations that have such rights.
To appeal against the decision of the heads of organizations of various profiles, a complaint is also served. At the same time, managers, the directors do not constitute a special group that has specific rights and obligations. Cases associated with them are considered on general reasons and principles. And this means that challenging is carried out on the basis of the same requirements and rules as when considering all other cases.
How to achieve the desired
To appeal a fine for the perfect offense, it was accepted, and ultimately you achieved the desired result, you need to seek help with qualified specialists. Only professional lawyers own knowledge regarding all the "pitfalls" and are aware of administrative law. Act resolutely and defend your position!
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