Sample complaint against an administrative decision. Complaint against a decision in a case of an administrative offense

To the Chertanovsky District Court of Moscow
117556, Moscow, st. Artekovskaya, 3a
through the office of the judicial district of the magistrate No. 230
Chertanovo district Central city of Moscow
117570, Moscow, Krasnogo Mayak st., 13b

from Vladimir Valerievich Zhelonov, residing at:
111000, Moscow, st. Shipilovskaya, 60, building 1, apt. 10
tel.: 8-999-333-77-XX

COMPLAINT
to the resolution of September 1, 2016
in the case of administrative offense No. 5-333/16

By the decision of the magistrate of the court district No. 232 of the Chertanovo Northern district of the city of Moscow K. (acting magistrate of the judicial district No. 230 of the Chertanovo Central district of the city of Moscow) dated September 01, 2016 in administrative case No. 5-333/16, I was found guilty of committing an administrative offense under Part 1 of Article 12.26. Code of Administrative Offenses of the Russian Federation, and I was given an administrative penalty in the form of a fine in the amount of 30,000 (thirty thousand) rubles with deprivation of the right to drive vehicles for a period of 1 (one) year 6 (six) months.

I consider the decision to impose administrative liability (imposed administrative punishment) to be unlawful and subject to cancellation, since this resolution was made illegally due to the absence of an administrative offense event, which means the actual fact of my committing an act (action, inaction) prohibited by the norm of the Code of Administrative Offenses of the Russian Federation.

On June 12, 2016, at about 00 hours 30 minutes, I was actually in the interior of my VAZ “210430” car, state registration plate “X 000 XX 01” in the parking lot near the house at the address: Moscow, st. Krasnogo Mayak, 17, building 2. I arrived at the indicated house on June 11, 2016 at about 11:50 pm. absolutely sober. A few minutes later the car ran out of gas and died. When my friend Ivan Andreevich Sidorov (resident: Moscow, Moskovskaya St., 1, building 1, apt. 1, mobile phone: 8-999-656-00-00) came out to me, I decided to drink with him vodka that was in my car. After drinking about 150 grams, I entered into a verbal conflict with the parking security guard who was dissatisfied with my parking in the courtyard of the house. After some time, at approximately 00:30, a traffic police crew drove up to my car, from which a police officer got out and asked me to show my documents. I complied with the legal requirements of the traffic police officer and presented the necessary documents. Next, the traffic police officer, in the presence of the above-mentioned security guard and a passer-by, whom he brought in as witnesses, suggested that I undergo a medical examination for alcohol intoxication. I categorically disagreed with this demand of the police officer, since I understood that at that time I was not a participant in traffic, my car was parked, not moving, the engine was turned off, especially since there was no gasoline in the tank and this was technically impossible.

In accordance with the disposition of Part 1 of Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, liability arises for the failure of the driver of a vehicle to comply with the requirement to undergo a medical examination for intoxication. In accordance with Art. 1.2 Decree of the Government of the Russian Federation dated October 23, 1993 N 1090 (as amended on September 10, 2016) “On the Rules of the Road” (together with the “Basic provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety”) the driver is a person driving any vehicle.

Control is understood as the performance of technical actions related to setting the vehicle in motion, moving away, the process of movement itself up to stopping, in accordance with the purpose and technical capabilities of the vehicle.

Thus, at the time of checking the documents and offering to undergo an alcohol intoxication test by traffic police officers, I was not a participant in the road traffic, since I was in an unstarted car.

I did not violate the requirements of the charged administrative offense, since the event of the administrative offense itself was absent.

According to Art. 26.1 of the Code of Administrative Offenses of the Russian Federation in a case of an administrative offense, the existence of an event of an administrative offense is subject to clarification.

In accordance with clause 13.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for the courts when applying the Code of the Russian Federation on Administrative Offences”, if during the consideration of the complaint it is established that in the actions of the person, in in respect of which a protocol on an administrative offense has been drawn up, does not contain the elements of an administrative offense, or the event of an administrative offense itself was absent, then such a resolution is subject to cancellation with a decision to terminate the proceedings in accordance with paragraph 1 or paragraph 2 of Article 24.5 of the Code of Administrative Offenses of the Russian Federation.

Taking into account the above, by virtue of Part 1 of Art. 24.5 and part 1.1 of Art. 29.9 of the Code of Administrative Offenses of the Russian Federation is the basis for termination of proceedings in a case of an administrative offense due to the absence of an administrative offense event.

According to Part 5 of Art. 30.2 of the Code of Administrative Offenses of the Russian Federation, a complaint against a decision in a case of an administrative offense is not subject to state duty.

The court order was received by me in the office of the court district on September 5, 2016, about which there is a corresponding note in the materials of the administrative case.

Based on the above, guided by Chapter 30 of the Code of Administrative Offenses of the Russian Federation

1. The resolution in the case of administrative offense No. 5-333/16 dated September 01, 2016, issued by the magistrate of court district No. 232 of the Chertanovo North district of the city of Moscow K. is cancelled, the proceedings in the case of an administrative offense against me are terminated on the basis of paragraph 1 of Part 1. 1 tbsp. 24.5 of the Code of Administrative Offenses of the Russian Federation, due to the absence of an administrative offense event.

2. For a comprehensive and complete consideration of my complaint, I ask:

• call and interview traffic police officers who prepared the administrative material;
• request and examine in court the recording from the DVR of the car of traffic police officers (which, according to the requirements of the regulations of the Ministry of Internal Affairs of the Russian Federation, must be stored for at least a year) confirming that I was not driving the vehicle;
• call and question in court witnesses present when compiling administrative material;
• summon and question witness Ivan Andreevich Polzov in court.

Attachment: copy of the resolution in the case of administrative offense No. 5-333/16 dated September 1, 2016 on 3 pages.

________________/______/

Administrative offenses include acts such as petty hooliganism or disorderly conduct. They do not entail a criminal record. The punishment for them is fines, warnings and similar sanctions. If the convicted person does not agree with the restrictions imposed on him, he can submit an application to a higher authority or to the court. At the end of the article you can download a sample complaint against a decision on an administrative violation.

The procedure for filing a complaint against a decision on an administrative offense is regulated by Chapter 30 of the Code of Administrative Offences. It can be sent to a higher official, to the next authority or to the court. You have 10 days to submit your appeal from the date of receipt of the decision.

Important! Filing a complaint against a decision in an administrative case does not require payment of a state fee.

The document must contain the following points:

• addressee details (for example, district court);
• applicant’s details (full name, place of residence, contact phone number);
• name of the form - complaint;
• an indication of the decision on the basis of which the applicant is found guilty (full name of the authorized person who issued the decision, number and date);
• the applicant’s position (evidence of innocence and other details relevant to the case);
• references to legal norms (Articles 30.1-30.3, 30.7 of the Administrative Code, Articles 254-257 of the Code of Civil Procedure of the Russian Federation), which serve as the basis for an appeal;
• the applicant’s request (cancellation of the decision, as well as termination of the proceedings with an indication of the reason, return for a new consideration or redirection according to jurisdiction);
• list of attached documents;
• date and signature of the applicant.

It is worth noting that the accused has the right to instruct his representative to submit documents. Then his data should be indicated separately in the introductory part of the appeal. In addition, the representative must have a power of attorney confirming his authority.

In what case can you appeal a decision?

To file an administrative complaint, you need compelling reasons. They are defined by Article 24.5 of the Code of Administrative Offences. The following are the main reasons for stopping the proceedings:

1. Lack of corpus delicti.
2. Insufficient consideration of the circumstances at the first hearing of the case.
3. Incapacity of the offender.
4. Cancellation of a legislative act imposing administrative liability.
5. Offense in a state of extreme need.
6. Issuance of an act of amnesty covering this offense.
7. Expiration of the statute of limitations for administrative liability.

Another reason for stopping the proceedings may be that the circumstances that became the basis for the decision have not been proven. All such points must be reflected in the text of the administrative complaint.

Procedure for submitting an appeal

It is worth remembering that 10 days are allotted for filing an appeal from the date of receipt of a copy of the resolution. If this deadline is missed due to serious reasons, it can be restored by submitting an appropriate petition. A valid reason for reinstating the term may be a long-term illness, caring for a seriously ill relative, or a business trip.

Important! When sending a complaint by mail, the day of filing will be considered the day of sending.

The accused has several options for appealing an administrative penalty. He can contact:

• to a higher official;
• to a higher authority;
• to court.

In accordance with paragraph 2 of Art. 30.1 of the Administrative Code, to protect his rights, the accused can use only one of the presented options. If an appeal regarding the same case is received by several authorities at once, the court will consider it.

Progress of the complaint

An administrative complaint can be submitted directly to a higher authority or to an official who has the authority to receive citizens’ appeals. A complaint against a decision on an administrative offense is considered within 10 days from the date of receipt.

A decision made at this stage can also be appealed. To do this, you should contact (before the resolution enters into legal force):

• to the court at the place where the complaint was filed;
• to a higher judicial body.

An application regarding an administrative case submitted to a judicial authority will be considered within two months. The applicant is required to be summoned to the meeting. During the hearing, he may present motions and request that the court order them. If necessary, witnesses may be invited.

The court must assess the legality and validity of the decision made. To do this, you will need to listen to the explanations of the accused and the testimony of other participants in the case. To make a decision, all available materials are examined.

Court decision on an administrative complaint

After examining the circumstances of the case and hearing the testimony of the accused and other participants, the court will make a decision. In practice, the following options are possible:

1. Cancellation of the decision and complete dismissal of the case.
2. Cancellation of the decision and subsequent sending of the case for a new trial.
3. Cancellation of the decision with subsequent referral to the authorized body (in cases where the decision was made by a court or body that does not have the appropriate powers).
4. Changing the imposed sanctions, for example, reducing the amount of the fine. In this case, the position of the person accused of an offense cannot be worsened.
5. Leaving the decision unchanged and refusing to satisfy the complaint.

If the case is sent for a new trial (as indicated in paragraphs 1 and 2), all circumstances will be re-examined. Following the trial, a decision is made regarding the guilt of the accused.

The company was held accountable by decision of a regulatory authority or court. How to prepare a complaint against a decision in a case of an administrative offense.

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Samples of complaints against a decision on an administrative offense

If violations are discovered in the company’s activities, it will be held administratively liable: fined or other measures taken. Depending on the specific composition, this will be done by the controlling agency or court (Chapter 23 of the Code of Administrative Offenses of the Russian Federation). If the company does not agree, it:

• files a complaint against the decision in the case of an administrative offense;
• submits an application to the appellate court.

Use sample complaints to challenge administrative violation decisions.

Complaint against a decision on an administrative offense: what to consider when preparing and filing

The company plans to challenge the administrative measures. This is done in accordance with the norms of Chapter. 30 Code of Administrative Offenses of the Russian Federation. The company itself, represented by its representatives, as well as an official if he has been held personally liable (Article 30.1 of the Code of Administrative Offenses of the Russian Federation) have the right to appeal the decision. In addition, the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs can take part in protecting the interests of the company (Article 25.5.1 of the Code of Administrative Offenses of the Russian Federation).

To whom to address a complaint against a decision in a case of an administrative offense depends on who made the decision or decision.

42 useful documents for a company lawyer

The decision was made by the administrative body

After an administrative body has issued a decision to prosecute, a person has the right to challenge it in court or to a higher administrative body:

1. The decision to hold an organization or entrepreneur liable must be appealed in an arbitration court according to the rules of paragraph 2 of Chapter 25 of the APC (Part 3 of Article 30.1 of the Administrative Code).
2. The decision to hold an official accountable must be appealed in a court of general jurisdiction in accordance with Chapter 30 of the Code of Administrative Offences.

The administrative authority or prosecutor went to court to bring the offender to justice

When an administrative body does not hold itself accountable, but goes to court for this purpose, the company does not need to independently challenge the decision. It is necessary to prepare objections to the application of the administrative body and appear in court by the time indicated in the notice of the time and place of the court hearing.

If the court has already made a decision and brought the person to justice, then you need to appeal the decision to a higher authority. In this case, they do not file a complaint with the court against the decision on an administrative violation. They are preparing a statement demanding that the decision be reversed.

More documents on the topic:

Complaint to a court of general jurisdiction against a decision of an administrative body to impose administrative liability (the basis for cancellation is the absence of an offense) File information

How to prepare a complaint against a decision on an administrative offense

The law does not provide a special form for a complaint against a decision on an administrative violation. The appeal is drawn up according to the general principles for procedural documents, in free form. Enter the following information into the text:

1. About the addressee. If this is an official or government agency, indicate the person’s full name, name and address of the department. If you are sending a complaint to the court, the name and address of the court. Check which court the document should be filed in - an arbitration court or a court of general jurisdiction.
2. About the applicant. This is done in the introductory part of the complaint against the decision in the case of an administrative offense. If this is an official, you must note his full name, passport details, and position. If a company, the name and details of the company, as well as the full name of the general director. In both cases, write the address of the applicant’s location to which the court or government agency will send correspondence.
3. About the person or court whose decision you want to appeal. Indicate which authority, official, or court issued the ruling. The details of the document against which the applicant is filing a complaint are also written here.

Fill out the main part of the complaint:

1. Title the document appropriately. Usually they write “complaint against a resolution...”, “complaint against a resolution regarding an administrative offense...”, etc.
2. List the circumstances. Which department or court issued the decision, why the violation was discovered, and what standards they justified. What is the administrative penalty? State your request: declare the decision illegal and cancel it. Give reasons why this authority should not have made such a decision. Make references to the relevant legal provisions.

At the end of the document, provide a list of attachments to the complaint. This list includes a copy of the resolution and the representative’s power of attorney if the representative is acting on behalf of the company. Also in this part of the document the signatures of the responsible persons and the date of preparation are required. You need to have time to file a complaint against a decision in a case of an administrative offense within the period specified in the law. The general period is 10 days from the date of receipt of a copy of the decision. The law also specifies others

Algorithm of actions when appealing decisions and decisions in cases of administrative offenses (Chapter 30 of the Code of Administrative Offenses of the Russian Federation)

General provisions

1. What can you appeal?

Based on Articles 30.1, 30.9, 30.10, 30.12 of the Code of Administrative Offenses of the Russian Federation, you can appeal:

1) Resolutions in a case of an administrative offense that have not entered into legal force;

2) Resolutions in the case of an administrative offense that have entered into legal force;

3) Subsequent decisions on a complaint against a decision in a case of an administrative offense;

4) A ruling to refuse to initiate proceedings regarding an administrative offense.

2. Who has the right to appeal a decision in cases of an administrative offense that has not entered into legal force?

The persons specified in Article 30.1 of the Code of Administrative Offenses of the Russian Federation have the right to appeal, namely:

1) A person against whom proceedings are being conducted for an administrative offense (Article 25.1 of the Code of Administrative Offenses of the Russian Federation);

2) Victim (Article 25.2 of the Code of Administrative Offenses of the Russian Federation);

3) Legal representatives of an individual and a legal entity (Article 25.3 -25.4 of the Code of Administrative Offenses of the Russian Federation);

4) Defender and representative (Article 25.5 of the Code of Administrative Offenses of the Russian Federation);

5) Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs (Article 25.5.1 of the Code of Administrative Offenses of the Russian Federation).

2.1. Does the prosecutor have the right to lodge a protest against a decision in cases of administrative offense (PDAP)?

Yes, in accordance with Article 30.10 of the Code of Administrative Offenses of the Russian Federation, the prosecutor has the right to bring protests to:

1) A resolution in a case of an administrative offense that has not entered into force or has entered into legal force;

2) And (or) subsequent decisions of higher authorities on complaints against this resolution

2.2. Does a person authorized by law to draw up a protocol on an administrative offense have the right to appeal a decision (PDAP) made by a judge?

Yes, according to Part 1.1 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation, such a person has the right to appeal the PDAP issued by the judge to a higher court. But this right applies only to decisions that have not entered into legal force. If the resolution has already entered into legal force, then such a person does not have such a right (Article 30.12 of the Code of Administrative Offenses of the Russian Federation).

3. Where can decisions in cases of administrative offenses that have not entered into legal force be appealed?

It all depends on the person or body that issued the decision (Article 30.1 of the Code of Administrative Offenses of the Russian Federation):

Judge - to a higher court (for example, a magistrate made a decision, an appeal is made to a district court);

By a collegial body - to the district court at the location of the collegial body;

An official - to a higher official or to a higher authority or to the district court at the place of consideration of the case (military personnel - to the garrison military court). That is, in this case, the right to choose where to file a complaint is given.

A resolution (PDAP) made by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case;

3.1. When does a case of challenging a decision of an administrative body fall under the jurisdiction of an arbitration court, and when to a court of general jurisdiction?

Resolution in the case of an administrative offense related to the implementation of business or other economic activity a legal entity or a person carrying out entrepreneurial activities without forming a legal entity, appeals to arbitration court in accordance with arbitration procedural legislation, namely in the manner established by § 2, Chapter 25 of the Arbitration Procedure Code of the Russian Federation. Unfortunately, in practice there is no clear understanding of which cases fall under the jurisdiction of arbitration courts and which courts of general jurisdiction.

Partially the answer to the question of which cases will be within the jurisdiction of courts of general jurisdiction is given in paragraph 33 of the Resolution of the Supreme Court of the Russian Federation No. 5, as well as in the answer to question 10 of Section VI of the Review of Judicial Practice of the Supreme Court of the Russian Federation 1 (2014).

IN court of general jurisdiction resolutions and decisions in cases of administrative offense are appealed if the objective side of the offense is aimed at a violation or failure to comply with legislation in the field of:

a) sanitary and epidemiological well-being of the population;

b) in the field of environmental protection and natural resource management;

c) road safety;

d) fire safety;

e) legislation on labor and labor protection.

4. How long does it take to appeal a decision that has not entered into legal force (PDAP)?

According to Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation, as a general rule, the period for appeal is ten days from the date of delivery or receipt of a copy of the decision. A similar period is fixed in Part 2 of Article 208 of the Arbitration Procedure Code of the Russian Federation.

For cases specified in Part 3 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation (related to the election process) - five days from the date of delivery or receipt of a copy of the resolution.

5. Can the period for appealing the decision (PDAP) be restored?

Yes, such a period, in accordance with Part 2 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation, can be restored at the request of the person who filed the complaint.

Such a petition can either be contained in the text of the complaint or submitted in the form of a separate document, as follows from the meaning of Part 2 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation.

The petition or part of the complaint containing the petition must contain:

a) an indication of the reasons that caused the deadline to be missed;

b) request to restore the deadline.

The petition is considered by a judge or official competent to consider the complaint. The petition is considered in accordance with Chapter 30 of the Code of Administrative Offenses of the Russian Federation with mandatory notification of the person who submits the petition.

A ruling is issued on the rejection of the petition to restore the period for appealing the decision in the case of an administrative offense (Part 4 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation).

The question arises: is it possible to appeal a court ruling to restore the missed deadline? This determination does not create obstacles to the progress of the case, does not deprive interested parties of the right to appeal a judicial act adopted in the case, therefore, unless otherwise provided by law, it is not subject to appeal. In particular, this position is found in the system of arbitration courts. For example, the district court noted that the court’s ruling on the restoration of the procedural period expressed in the relevant judicial act cannot be appealed (Resolution of the Federal Antimonopoly Service of the North-Western District dated February 13, 2012 in case No. A56-24343/2011).

6. What reasons may be considered valid for reinstating the deadline for filing a complaint against a decision (PDAP), and what not?

The judge or official authorized to consider the complaint assesses the validity of the reason for the absence, based on the circumstances of the absence and the duration of the absence (period of absence), as well as the extent to which the reason for the absence prevented the appeal of the decision. As a rule, such reasons may be procedural violations in notifying a person about the consideration of the case and the issuance of a decision, non-delivery of correspondence due to the fault of the communications organization, serious illness or a long business trip of a citizen or individual entrepreneur, etc. It is most difficult for legal entities to restore the period for appeal.

As for the list of reasons, there is no such exhaustive list due to the variety of situations in practice.

For example, the courts did not recognize valid reasons for absence:

- personnel changes in the organization (Resolution of the Arbitration Court of the North-Western District dated March 22, 2016 N F07-405/2016 in case N A21-3432/2015);

- receipt of correspondence by an employee, and not by the head of the organization (Resolution of the Arbitration Court of the East Siberian District dated December 3, 2014 N F02-4844/2014 in case N A19-19571/2013);

- absence of an organization at the legal address indicated in the Unified State Register of Legal Entities (Resolution of the Thirteenth Arbitration Court of Appeal dated August 24, 2016 No. 13AP-16064/2016 in case No. A56-8153/2016);

- the person responsible for the appeal is on sick leave (Resolution of the Thirteenth Arbitration Court of Appeal dated July 12, 2016 No. 13AP-10112/2016 in case No. A21-9235/2015);

- illness, if it does not deprive the person of the opportunity to appeal the decision and the person was duly notified of the decision on the case (Determination of the Moscow City Court dated November 24, 2016 in case No. 7-14657/2016);

- initial filing of a complaint with a superior person or a higher body, since such a complaint does not prevent the simultaneous filing of a complaint with the court (Determination of the Moscow City Court dated November 16, 2016 in case No. 7-14492/2016);

- change of residence, if the relevant authorities involved in the consideration of the case were not notified of the change of address (Decision of the Supreme Court of the Russian Federation dated November 17, 2016 N 1-AAD16-1).

The courts considered the reasons respectful:

- insignificant time of absence (two days) (Resolution of the Third Arbitration Court of Appeal dated September 27, 2010 in case No. A33-2698/2010). Meanwhile, this is the exception rather than the rule;

- the judge, having established that the complaint was not within the jurisdiction of this court, contrary to the requirements of Part 4 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation, returned the complaint to the applicant, which is why the deadline was missed (Resolution of the Supreme Court of the Russian Federation dated November 15, 2016 N 5-AD16-49) ;

- there is no evidence of delivery of a copy of the resolution to the legal representative of the legal entity or its receipt by mail (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated December 13, 2010 in case No. A15-390/2010);

- the court of general jurisdiction made a decision in the case, which was later overturned due to the lack of jurisdiction of the dispute of the SOJ (Decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated 05.08.2011 in case No. A56-24343/2011, upheld by the Resolution of the Thirteenth Arbitration Court Court of Appeal dated November 11, 2011, Resolution of the Federal Antimonopoly Service of the North-Western District dated February 13, 2012);

- an error in calculating the period for appeal by the judge - from the date of the decision, while it should be from the date of delivery or receipt of a copy (Determination of the Moscow City Court dated November 16, 2016 in case No. 7-14774/2016);

- the resolution does not contain an explanation of the appeal procedure (Resolution of the Supreme Court of the Russian Federation dated October 3, 2016 N 74-AD16-10).

6.1. Does a court of general jurisdiction restore the missed deadline if the application was previously submitted to an arbitration court, which made a determination that the arbitration court did not have jurisdiction over the case?

There is no clear answer to this question, because... it all depends on the circumstances of the case.

For example, if:

a) the application to the arbitration court was filed within the period for appeal;

b) the application to the COJ was submitted immediately after the arbitration court announced the operative part of the ruling on the return of the application due to the lack of jurisdiction of the court’s case;

then there is a high probability of reinstatement of the missed deadline. At least there is a positive decision of the Supreme Court of the Russian Federation in similar circumstances. (Resolution of the Supreme Court of the Russian Federation dated July 6, 2015 N 9-AD15-8).

However, there are also many negative examples when the courts refused to restore the term (and most often refuse). For more details, see the explanations for “Step 2” in the second section of this material.

7. What is decided upon the results of consideration of the complaint against the decision (PDAP)?

Based on the results of consideration of the complaint, a decision is made solution.

Important: if, based on the results of consideration of the complaint, an act is adopted that is titled differently than the decision, this may be regarded as a violation of the procedural requirements for considering the complaint and serve as a basis for the cancellation of such an act (see, for example, Resolution of the Tambov Regional Court dated September 15, 2016 in case No. 4A- 216/2016: a complaint was filed against the decision of the magistrate in a case of an administrative offense, the district court judge, based on the results of the consideration, issued a ruling, not a decision, which led to the cancellation of such a decision by the regional court).

8. Is it possible to appeal a decision made on a complaint against a decision (PDAP), and if so, which persons have this right?

Yes, such a decision can be appealed. According to Article 30.9 of the Code of Administrative Offenses of the Russian Federation, the right to appeal belongs to persons who have the right to appeal the decision itself (PDAP) - see the answer to question 2.

In addition, the following have the right to appeal decisions:

a) the official who made the decision being appealed;

b) the head of a collegial body and a body created in accordance with the law of a constituent entity of the Russian Federation, if the resolution was made by such a body.

The prosecutor also, in accordance with Part 1 of Article 30.10 of the Code of Administrative Offenses of the Russian Federation, has the right to lodge a protest against decisions made on complaints against decisions in a case of an administrative offense.

9. To which body are decisions on complaints against a decision in a case of an administrative offense appealed?

The decision is appealed in the manner established in Article 30.9 of the Code of Administrative Offenses of the Russian Federation, namely, if the decision was made:

A judge - then to a higher court;

By a higher official or higher body - to the court at the place where the complaint was considered, and then to a higher court.

10. Within what period can a decision on a complaint against a resolution (PDAP) be appealed?

In accordance with Part 3 of Article 30.9 of the Code of Administrative Offenses of the Russian Federation, deadlines for appealing decisions are set similar to those in Article 30.3 of the Code of Administrative Offenses of the Russian Federation, namely within ten days from the date of delivery or receipt of a copy of the complaint. And in cases specified in Part 3 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation (election process) - within five.

If the deadline for appeal is missed, it can be restored at the request of the person who missed the deadline (see answers to questions 6-8).

The prosecutor's protest is submitted within the same time frame (Part 1 of Article 30.10 of the Code of Administrative Offenses of the Russian Federation).

11. Is it possible to appeal against decisions (PDAP) and decisions on complaints against decisions if they have entered into legal force. Which persons have the right to such an appeal and where should the corresponding complaint/protest be filed and within what time frame?

Yes, according to Article 30.12 of the Code of Administrative Offenses of the Russian Federation, decisions on complaints against decisions and decisions themselves (PDAP), which have entered into legal force, can be appealed.

This right belongs to the persons specified in the answer to question 2, i.e. those persons who initially have the right to appeal the decision (PDAP), as well as (Article 30.12 of the Code of Administrative Offenses of the Russian Federation):

a) the official who issued the decision - a decision that has entered into legal force based on the results of the prosecutor’s complaint or protest against the decision (PDAP);

Road traffic and the interaction of traffic police inspectors with its participants is an inexhaustible topic for lawyers practicing in “administrative law.” A lot of conflicts occur here every day. Let’s not deny that for a traffic police officer, a day spent on the road without a couple of fines will end with a “lightning strike” from the authorities. Let's add to this the carelessness of the road services, the imperfection of traffic regulations, and we get a far-fetched protocol.

Is this just your case? Then carefully study the sample complaint against a decision on an administrative offense by the State Traffic Safety Inspectorate and the procedure for appealing it.

What are we appealing?

Depending on the place where the decision on the administrative case is made, traffic violations can be divided into three categories:

• those for which the decision is made by the inspector on the road;
• the decision is made collectively in the traffic police (the notorious review groups in the administrative practice department);
• gross violations with deprivation of rights or arrest, which are under the jurisdiction of the courts.

The first situation is simpler: the delivery of the resolution ends the communication with the traffic police squad. But often indignant drivers try to protest the accident without imposing penalties. This is not true.

A complaint against a decision of the traffic police, and not against a protocol, is accepted for consideration. Why? Until liability is assigned, guilt is not considered proven.

In administrative proceedings, there are other procedural documents that can be annulled. In general, taking into account the requirements of Articles 30.1, 30.9, 30.10, 30.12 of the Administrative Code, it is allowed to challenge:

• regulations prior to entry into force;
• current decisions on AP;
• decisions taken on complaints against resolutions;
• refusals to initiate administrative proceedings.

The inspector is not always right

But outright abuse by traffic cops with the form for filling out protocols is not uncommon. How can we be here?

Advice. Then complain about illegal actions of officials. Unspecified points of violated rules, articles of the Code of Administrative Offenses establishing liability, lack of information about the time the violation was discovered or the place where the protocol was drawn up are precisely in this area.

Also, departmental acts strictly regulate the situations and permitted places for drivers to stop, the procedure for testing for intoxication and many other points. So, if you carefully analyze the event, a complaint in an administrative case may result in consequences for the traffic police representative.

Important. The driver is asked to sign the protocol regarding the delivery of a copy of the decision in the accident case. Submit a facsimile only after actually receiving the document, so that employees do not “improve” it in their favor.

But now the decision has been received. When and where should the application be sent?

Deadlines, recipients of filing and other procedural aspects of a complaint against the traffic police

To increase the chances of the decision being overturned, the initiators of the dispute send documents to several authorities. Usually this is the court and the leadership of the State Traffic Inspectorate at a higher level. In this situation, the complaint is subject to consideration by the court.

The magic word "prosecutor's office"

The sample complaint to the court or traffic police should be duplicated to the prosecutor's office. The fact is that everyone is subject to prosecutorial supervision. In case of deviations from legal norms at any stage of administrative proceedings, the prosecutor lodges a protest:

• on decisions that have legal force and have not entered into force;
• on decisions already taken on the complaint.

The mechanism is regulated in detail by Art. 30.10 Code of Administrative Offences. Now you can move on to recommendations on the rules for writing a complaint. There is no legally approved protest form. However, disputes with the traffic police are complex, and only a letter-verified approach to the defendant will bring success.

Making a complaint

Below are the essential terms and standard structure of the document. In practice, it is this format that the courts accept for consideration.

Sample complaint outline:

• the exact name of the authority to which the protest is sent;
• details of the parties to the appeal;
• information about other citizens involved in the case;
• details and essence of the contested resolution;
• grounds for reviewing the decision in the case;
• list of attached documents;
• date and time of compilation;
• signature of the appellant.

The application includes a copy of the accident report, explanations of eyewitnesses, diagrams, and photo materials. The initiator of the appeal will have to demonstrate his own knowledge of traffic law, since the claims made must be supported by references to laws and articles:

• Code of Administrative Offenses of the Russian Federation (Federal Law 195) – section IV chapter 30;
• Order of the Ministry of Internal Affairs of 2009 No. 185 (as amended on December 22, 2014).

Particular attention should be paid to the completeness and reliability of the evidence. Even if a government representative grossly violated both federal and departmental regulations, but the complaint does not contain compelling evidence of this, consider it a lost cause.

The complaint is sent by registered mail, transmitted in person or through communication networks. If you accept the proposed sample complaint against a traffic police resolution as a guide to action, the appeal is guaranteed to contain the information necessary for an objective decision.