Application for a traffic police officer. When can you complain about traffic cops?

In accordance with the Civil procedural code Every citizen of the Russian Federation has the right to appeal against actions official. You were illegally attracted to administrative responsibility or are they unreasonably accused of causing an accident? Write a complaint against the traffic police inspector. The basis for a complaint may be an excess of authority by a traffic police officer, a biased attitude towards you, the use of measures, contrary to the law, exerting moral pressure.

How to complain about an inspector

How to complain about a traffic police inspector:

Deliver the application in person

Make sure your letter is registered and put a registration mark on your copy.

Send a complaint by Russian Post

It is best to send a complaint by letter with notification. This way you will be sure that the complaint has reached the addressee and will be able to use this information if the case goes to court.

Send a complaint electronically

The complaint is written in free form in compliance with the rules business correspondence. In addition, the complaint must contain:

• Full name of the organ where it is submitted.
• Address and postal details recipient organization.
• Information about the applicant (full name, address, telephone number).
• Information about the traffic police officer about whom you are complaining.

Full name, rank, position, place of work (if possible), official ID details (if you know them). If the traffic police inspector was on company car, you can also specify numbers.

• Text of the complaint.

The text of the appeal should be as concise and understandable as possible. Avoid unnecessary emotions. Do not use obscene or offensive language under any circumstances. Indicate what actions of the traffic police officer you consider unlawful, what rights were violated and what you are seeking (to invalidate the protocol, cancel the decision to impose a fine, apply disciplinary action to a traffic police officer, etc.). When describing the incident, follow the chronology of events.

• List of supporting documents.

Attach to the complaint documents and materials confirming your case. This may be a copy of the protocol, a decree depriving you driver's license, audio or video materials confirming abuse of authority or unprofessional behavior of a traffic police officer.

• Signature, transcript of signature, date.

Complaints that:

1. Contain incomplete or unreliable contact information of the applicant.
2. Anonymous complaints.
3. Containing threats to life or property.

Sample complaint against a traffic police inspector

Head of Department

State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia

around the city of St. Petersburg

and Leningrad region

Sviridenko Sergei Petrovich

from Stoilovsky Ivan Alekseevich,

residing at:

St. Petersburg, st. Ak. Pavlova, 43

Complaint

May 05, 2016 at 17:45, while driving personal car Fiat L500 Trekking, license plate A 123 AA 456 and moving towards the center was stopped by traffic police inspector A. S. Romanchuk.

The traffic police inspector accused me of speeding and claimed that I was driving at a speed of 106 km/h instead of the permitted 60 km/h on this section of the road. In response to my request to provide evidence of my guilt and provide printouts of the speed control device, the employee refused without explanation.

My car was driving within the speed limit at this area. There were a lot of cars, the section of the road was quite narrow, so changing lanes and, accordingly, exceeding permissible speed were impossible.

With me in the car was my wife, Stoilovskaya Valeria Viktorovna, born 05/28/1984, and my colleague Demyanenko Denis Alekseevich, born 02/16/1983, however, inspector A. S. Romanchuk categorically refused to enter into the protocol about administrative violation as witnesses. He justified his refusal by the fact that “they are interested parties.” However, according to the legislation of the Russian Federation, “a person who may be aware of the circumstances of the case to be established may be called as a witness in a case of an administrative offense” (Article 25.6 of the Code of Administrative Offenses). I would also like to add that during the preparation of the protocol, traffic police inspector A.S. Romanchuk behaved incorrectly and was rude to my wife.

Thus, there is an irremovable doubt about the proof of my guilt.

Considering the above violations, I ask:

1. Terminate the proceedings under the protocol on administrative offense No. AA 25-45 AS dated May 5, 2016.
2. Impose a disciplinary sanction on traffic police inspector A. S. Romanchuk.
3. Reply to me at writing in compliance with established by law m terms. Please send the letter to your place of residence.

If you do not agree with the decision of the traffic police inspector, then you have every right make a complaint. Thanks to this, you can not only get rid of unfair punishment, but also to teach a dishonest traffic cop a lesson - any complaint, especially if it is justified, does not have the best effect on the inspector’s performance. A complaint can be written simultaneously to three places: to the head of the traffic police department, where the inspector serves, to the district prosecutor's office, or directly to the court. But remember - this must be done within 10 calendar days from the moment of the violation (holidays and weekends are taken into account), and at the place where the protocol was drawn up. Theoretically, it is possible to restore this period, but only if good reason: illness, business trip, and so on.

The complaint can be submitted in person or by mail by registered mail with notification of delivery. Filing a complaint is not subject to state duty. The complaint must be considered within 10 days from the date of receipt (clause 266 Administrative regulations Ministry of Internal Affairs).

In order for your punishment to be “removed”, you must provide evidence of your innocence, report “irremovable doubts about the evidence of guilt,” or report serious violations in the work of the traffic police inspector. The latter, for example, include the absence of witnesses (when they are needed), drawing up a protocol in violation of the law, the use of uncertified measuring instruments. But there are grammatical errors or typos in the protocol serious violation no longer apply. As strong evidence of your innocence, you can use photographs from the scene of the violation, DVR data, technical capabilities vehicle (for example, if, according to the manufacturer, maximum speed car is 170 km/h, then this can serve as an argument in favor of canceling the resolution, which states that the car was moving at a speed of 250 km/h).

If your complaint is satisfied, a decision is made to terminate the proceedings. If not, a fine will be imposed. You then have 10 days to appeal this decision to highest authority(and then there is a countdown of 60 days for payment).

SAMPLE COMPLAINT

To the Timiryazevskaya Interdistrict Prosecutor's Office of the Northern Administrative District of Moscow

127247, Moscow, 800th anniversary of Moscow street, building 4, building 1

From: Nikolaev Ivan Sergeevich,

residing at

(index), city _________________________________

st. _________________________________ d. _____

Complaint (when submitting a document to the court, a Statement is written)

March 12, 2014 at 17-20, moving along Dmitrovskoye Highway in a dense flow of cars towards the region, driving a Lada Kalina, state-owned registration number A 000 AA 177 was stopped by traffic police inspector G.V. Petrov.

The traffic police inspector stated that I was driving at a speed of 108 km/h when the limit was 60 km/h and thus exceeded set speed at 48 km/h. The inspector refused my request to provide evidence of my guilt. Also, the traffic police officer refused to provide his service ID in open form, which is gross violation paragraph 20 of the Administrative Regulations of the Ministry of Internal Affairs of Russia.

When drawing up the protocol, the traffic police inspector refused to include the witnesses who were in the car with me: Sidorova N.V. and Trutneva D.K. According to the traffic police inspector, the witnesses in the car are interested parties. Meanwhile, according to Article 25.6 of the Code of Administrative Offenses of the Russian Federation, “as a witness in the case of administrative offense a person may be summoned who may be aware of the circumstances of the case to be established.”

I would like to note that my car was moving in heavy traffic, I did not exceed the speed, and did not make any sudden lane changes. With the sane me traffic violation I do not agree, I consider protocol No. 0000 illegal and unfounded.

Reasons:

• The inspector's accusations are based solely on his words, evidence base absent. A printout of a certified speed control device indicating the location and time of the violation, the vehicle number and its speed was not provided.
• The inspector refused to provide a certificate of conformity for the speed control device.
• Thus, there is an irremovable doubt about the proof of my guilt
• According to Article 49 of the Constitution of the Russian Federation, everyone accused of committing a crime is considered innocent until his guilt is proven in the manner prescribed by federal law and established by the person who has entered into legal force by a court verdict, the accused is not obliged to prove his innocence; irremovable doubts about the guilt of a person are interpreted in favor of the accused.

The inspector did not explain to me the rights and obligations provided for in Article 25.1 of the Code of Administrative Offenses of the Russian Federation when drawing up the protocol. Thus, violating the requirement of Article 114 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation.

Considering the above violations, I ask:

1. Terminate the administrative case according to the protocol on administrative offense No.__ dated March 12, 2014.
2. Impose disciplinary action on traffic police inspector G.V. Petrov.
3. Consider this complaint in my absence.
4. Reply to me in writing at established by law the procedure and terms on the merits of the above at my place of residence.

signature _____ / Nikolaev I. S. /

Application:

1. A copy of the administrative protocol.
2. Witness's testimonies.

When driving on the road, every driver is obliged to comply with the requirements of the traffic police inspector. If a stop occurs at the request of a traffic police officer, then further actions must occur according to service regulations. There are often cases when conflicts arise between the driver and the inspector. controversial situation, it must be resolved correctly, without rudeness on both sides. If a driver stopped for inspection does not agree with the behavior of a traffic police officer, then he has the opportunity to register his protest through official means.

A complaint against the actions of the traffic police must be substantiated and substantially argued. Do not forget that the statement has legal significance, therefore, when false accusations will need to answer for libel. Competently draw up an application, justify it from the point of view of the law, send it to necessary authority maybe a practicing lawyer. Knowledge of civil and administrative legislation, federal and regional installations, service instructions The traffic police will allow the lawyer to protect the interests of the client as much as possible.

A modern and accessible way for all users to receive legal services is to receive online consultations via the Internet. Assistance in filing a complaint against a traffic police officer is provided free of charge, at a time convenient for the client. It is enough to leave a question in a special window or call the duty phone, and a specialist will respond within a few minutes. Professional advice can be used in any legal situation, fully relying on the relevance and accuracy of the information received.

Incorrect behavior of a guard service employee can be appealed to in the prescribed manner. The same actions are taken if a conflict breaks out between an employee and a car passenger. A lawyer with experience will tell you where to go and how to formulate claims. practical experience similar cases and protecting the rights of drivers.

You can complain about inappropriate actions to the management of the unit, in supervisory authorities, that is, the prosecutor's office, or courts. Making a complaint to management must be justified, preferably supported by testimony. The punishment for unauthorized actions will be an official penalty entered into the personal file. If there are several requests from citizens, an official inspection is scheduled.

If the facts of regular violations are confirmed, the employee will be dismissed under the article for official inconsistency.

The manager is required to formally respond to the complaint. If the answer does not satisfy the applicant, then it will be necessary to send statement of claim to court. The claim must be supported accompanying documents, including management’s response to the complaint. You must contact district court, according to the law, 60 days are allotted for consideration and adoption of a decision; a month after the decision is made, it comes into force.

You can go to court to protect your interests within 3 months from the date of the incident. This statute of limitations is optimal in order to make an informed decision. In most cases, it depends on how competently and reasonably the claim is written. positive decision court. It is optimal to entrust the preparation of a claim to a lawyer who has practical experience and knowledge of the law. Claim should not contain emotions, every written word is supported by the law. The body copy should be short but to the point and describe the incident dispassionately.

The main reason for going to court is disagreement with the protocol. You should write down your protest in the protocol when you receive it for signature. Also list the facts that led to legal dispute. The protocol must indicate the mistakes made by the employee.

The type of application must comply with the provisions of the Code of Civil Procedure, not contain profanity and grammatical errors. A weakly substantiated claim will be returned, refused to be accepted or given a period to correct errors. The text of the application is written in any form, but in the document Mandatory information must be present:

• name of the court;
• applicant’s personal data, contacts;
• details of the defendant, including his official position, badge number and belonging to a specific unit;
• description of the conflict and illegal actions inspector;
• provisions of the law, Code of Administrative Offenses, Traffic Regulations and other legal regulations;
• road protocol;
• the plaintiff's justified claim;
• documents and witness's testimonies;
• signature and date of the application.

Depending on the circumstances of the litigation, it may be necessary Additional Information at the request of the court. The information provided must contain truthful information that can be proven. The rules for collecting information and writing a claim are known to a lawyer who is constantly involved in processes. It is best if the case contains recordings from the registrar or testimony of eyewitnesses.

If the driver wants to prove the inspector’s guilt, he must independently or petition the court to do so. Sometimes the testimony of the registrars and the examination carried out remove all the questions the court has for the parties to the dispute.

The application to the court must be supported by a receipt for payment state duty. The fee is 15% of the regional minimum wage.

The winning party has the right to file a claim for reimbursement of the costs incurred in the case before the process is closed. The losing party pays the costs, the amount is determined by the court. This may include costs of legal proceedings, attorney fees, travel and hotel expenses. Litigation regarding the illiterate actions of traffic police officers are lengthy and require the participation of an experienced lawyer. Professional knowledge will help you get optimal solution court and collect maximum compensation from the opposite side.

Download samples of complaints about unlawful actions of traffic police officers

Complaint against the actions of a traffic police officer

Often, car owners are faced with a situation where traffic police crews slow down cars on the road in batches, without specifically explaining the reason for the stop.

In some cases, traffic cops reinforce their claims with outright lies and extortion. In order not to lose precious time and, most importantly, money, you must immediately after saying goodbye to the traffic police crew go to the nearest prosecutor’s office and write a complaint against the actions of the traffic police inspector. We will consider below how to do this correctly and achieve the Inspector’s responsibility.

Sample complaint to submit to the prosecutor's office

To the prosecutor's office of _______________ district
cities ______________________________
st. __________________________________

From:__________________________________
(full name)
Residing at:____________
_____________________________________

Complaint

on misconduct traffic police inspector

"___"_______20__ I was driving a car ________________________ GRN _____________________ moving along the street. _________________ heading from the street. ____________________________ to the side ____________________________. I was stopped by a traffic police inspector ___________________________________. As a reason for stopping outside stationary post The inspector called it “document check.”

In accordance with Article 6 of the law “On appealing to court actions and decisions that violate the rights and freedoms of citizens,” officials and civil servants whose actions are appealed by a citizen are entrusted with procedural duty document the legality of the actions being appealed.

In accordance with Art. 18 of the “Law on Police”, the official duties and rights of a police officer are defined as follows: “A police officer performs the duties and enjoys the rights of the police provided for by this Law, within the limits of his competence in accordance with his position.”

And also by Order 185 of the Ministry of Internal Affairs, paragraph 2 defines all the reasons for stopping a vehicle outside a stationary post, “checking documents”, which is not included.

By stopping the vehicle I was driving outside a stationary checkpoint to check documents, the inspector _____________________ violated my right to free and unhindered movement on the roads provided for in paragraph 3 of Art. 24 Federal Law dated December 10, 1995 No. 196-F3! On safety traffic».

Considering the above, I ask:

1. Initiate an administrative case against the traffic police inspector _________________________________ under Article 12.35 of the Code of Administrative Offenses of the Russian Federation “Illegal restriction of the rights to drive and operate a vehicle”

2. Consider this complaint in my absence.

3. Reply to me in writing at deadlines, essentially the above, at my place of residence.

4. Send the response to this complaint to personal signature prosecutor ___________________ district.

"___"______20__. ______________________/FULL NAME.

Appendix: witness statements on ___ sheets.

Your complaint will definitely be considered prosecutors and you will receive a decision on this complaint in writing. Then you can take these documents to the courts.

Let us remind you that the procedure for considering complaints against government actions. authorities and government employees is regulated by the LAW ON APPEALING TO COURT ACTIONS AND DECISIONS VIOLATING THE RIGHTS AND FREEDOMS OF CITIZENS (Article 6)

« Article 6. Procedure for considering a complaint

A citizen’s complaint against the actions (decisions) of government bodies, bodies local government, institutions, enterprises and their associations, public associations, officials, civil servants are considered by the court according to the rules civil proceedings taking into account the specifics established by this Law.

On government bodies, local governments, institutions, enterprises and their associations, public associations, officials, civil servants, whose actions (decisions) are appealed by a citizen, have a procedural obligation to document the legality of the appealed actions (decisions); The citizen is released from the obligation to prove the illegality of the actions (decisions) being appealed, but is obliged to prove the fact of violation of his rights and freedoms.”

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Every driver in one way or another encounters traffic police officers. This can happen both on the road and in the department. Traffic police officers perform almost all operations related to the registration of drivers and their Vehicle, issuing documents, regulating traffic. At the same time, they are officials with a number of powers and obligations.

However, what to do if a traffic police officer behaves inappropriately? Or does he issue a fine without any reason? Of course, file complaints. The most effective is a complaint to the prosecutor's office. This is exactly what we will talk about in our article.

When can I file a complaint?

The Prosecutor's Office is a public service responsible for enforcing civil rights citizens. That is why a complaint against a traffic police officer is filed there only if a traffic police inspector or one of the department employees violated your rights as a citizen in some way.

Due to traffic police inspector - official, The range of situations in which he may knowingly or accidentally violate human rights is very wide. These can be violations of work standards, as well as ordinary incompetence in performing duties. As an example of situations in which a complaint is filed with the prosecutor's office against the traffic police, the following can be mentioned:

• Inspector didn't provide everyone necessary documents, but nevertheless demanded inspection;
• The inspector stopped the car for inspection, without any reason;
• Traffic police inspector rude, rude, refused to give his full name in case of conflict, rank, indicate the department to which you are assigned;
• Traffic police inspector carried out an inspection or examination without reason or with violations;
• Traffic police inspector issued a fine unfairly or unreasonably.

These are only the most basic cases in which a complaint is filed with the prosecutor's office. It should be remembered that almost all violations in the work of the traffic police may in one way or another affect the rights of the driver as a citizen. Remember - the traffic police inspector is an official, and any use of him official powers may give rise to a claim.

Sample complaint

If you decide to write a complaint against a traffic police inspector, then you need to know that it must be compiled in accordance with very strict rules. The first one is quite simple - use business style letters. Remember that your complaint is official document, and it will be read more than once during inspections.

The second rule is the most important - do not use insults under any circumstances and do not blame the inspector or other traffic police officer for something he did not do. In the first case, you may be held accountable for insulting an official during execution, and in the second, for slander. Both of these misdemeanors are very serious offenses and you can easily go from being the accuser to the accused.

The last rule is very simple - write your complaint against the traffic police officer as briefly as possible, but at the same time informative and understandable. You shouldn’t go into details or write down all your assumptions and conjectures - they are simply not needed, because if a prosecutor’s office employee needs something, he will ask you or the witnesses.

Let's move on to the most important thing, namely filling out the text of the appeal itself. You can either write it yourself using the form, or take a sample complaint from the prosecutor’s office itself and ask for help from any employee. However, making a claim will not be difficult - there are only three parts:

• Title;
• Information part;
• Conclusion.

Title of complaints to the prosecutor's office

Absolutely any complaint public service starts with the title. It is written in the upper right part of an A4 sheet in a narrow column- on the left, the prosecutor's office will have to put a stamp and its own marks on your appeal.

The title itself should include the following information:

• Full name of the department;
• Full name and title of the head of the department;
• Full name and address of the applicant;
• Applicant's contact information for communication.

Information part of the complaint to the prosecutor's office

Once the title is completed, you can begin the main part of your application. In the information part you will need write the very essence of your complaint against the traffic police inspector. It’s worth starting with a description of the situation that caused the conflict. Point out what exactly caused your dissatisfaction. If the reason for the complaint was a violation of any laws or regulations, then be sure to label them.

Once your position has been stated, list what exactly do you expect from the prosecutor's office? However, it is worth considering that the prosecutor’s office will still be able to punish a traffic police officer only in accordance with the rules of law. After listing your requests, you can indicate contacts of witnesses and other additional information.

Conclusion of the information part of the complaint to the prosecutor's office

In conclusion, everything is quite simple - you just need provide supporting information and complete the request. To do this you need to write only three things:

• A complete list of all documents that you are submitting along with your complaint;
• Applicant's signature with transcript;
• Date of application.

What to do next with the complaint?

As soon as the complaint is fully prepared, it, along with accompanying papers will need to be filed with the prosecutor's office. This can only be done in three ways:

1. Contact the department in person and transfer the package of documents to an authorized employee;
2. Submit all papers by mail, using registered mail;
3. Send all papers with a representative. He must have a power of attorney certified by a notary.

In all other cases, the prosecutor's office inspector has the right to simply not accept your complaint. However, if it gets into production, then proceedings will follow. In general, nothing more is usually required from the applicant, but it is worthwhile to expect that Representatives of the prosecutor's office will contact you to receive additional information or to involve you in proceedings.

Info

At the end of each inspection you will be required to receive official letter- a notification in which the prosecutor's office will have to give a full response to your complaint with all the necessary explanations. Be sure to save this letter as it may be useful to you in the future.

Where else can you complain about a traffic police inspector?

There are not many places other than the prosecutor's office that will accept your complaint against an unfair inspector. In fact, there are only two of them - the department itself, to which the employee is attached, and the court.

Complaining to the department is one of the most effective unless your complaint is too serious and does not involve significant offences. In this case, you can submit such an appeal how in orally, and in writing. However, keep in mind that oral address is not documented in any way and cannot be used in further proceedings as evidence that you have already addressed your problem to authorized employees.

Complaint to court has the form of a claim. It is possible, and sometimes even necessary, to sue traffic police officers (for example, an unfairly issued fine can only be challenged in court). However, this is very difficult to do. First, you will need to file a claim. His text almost completely corresponds to the text of the complaint against the prosecutor's office. Once the claim is filed, the trial. During this process, you will need to justify your position, confirm the fact of the violation and get what you want from the court. However, in order to achieve justice, you will need the help of a qualified lawyer.

Criminal lawyer. Experience in in this direction since 2006.