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Appeal against the decision on an administrative offense: time limits, rules, sample

The legislation in force in the Russian Federation provides for the possibility of bringing individual entrepreneurs, legal, officials and civilians to administrative responsibility for the commission of non-serious offenses that are not subject to the Criminal Code. This process is governed by the relevant Code, as well as regulations that are adopted on its basis. appeal against an administrative offense

General Provisions

As the Code of Administrative Offenses states, no one may be held liable in any other way than what is specified in the law. This means that if officials deviate from the established rules during the course of the proceedings, the decision made must be canceled. The law spells out the procedure for holding perpetrators accountable.

Production stages

The review begins with special procedures by which the fact of a violation is recorded. On the basis of this, a special procedural document is drawn up or a determination is made on the initiation of proceedings in the case of a detected crime and an investigation. The Code provides for the formulation of protocols for inspecting the place where the illegal act was committed, sampling, seizing papers and things, seizing and others. The result of administrative proceedings is the prosecution of the offender, the issuance of the relevant decision. If the suspect is not proved guilty, the process is terminated. A corresponding decision is also made about this.

The possibilities of the accused

A person who is held liable has the right to appeal the decision on an administrative offense. This opportunity can be used within 10 days from the date of delivery of the decision. At the time of appeal of the decision, it is necessary to prepare and send an objection to declare the decision illegal. The statement should include arguments that are the basis of disagreement. The rules by which a claim is accepted are defined in the Code of Administrative Offenses.

Appealing a decision on an administrative offense involves a re-examination of the circumstances. In other words, the claimant should not be limited to just examining the arguments. He needs to check the whole thing completely. This means that if the arguments are considered unreasonable, but it is established that administrative rules were violated in the process of prosecution, the decision will be canceled. At the same time, production will be discontinued. In this regard, professional lawyers recommend in any case to exercise the right to appeal the administrative decision, even if there are no grounds for canceling the decision at first glance. In the process of considering a claim, an authorized official will carefully examine the production materials for compliance with their current legislation. term of appeal

Which authorities are applying?

Complaints against decisions on prosecution of administrative offenses, adopted by officials, are usually directed to the court. It is allowed to submit an application to a higher employee. An appeal against a decision of an administrative court shall be carried out in the case above him. instance (cassation or appeal).It should be noted that claims are reviewed by authorities in different jurisdictions. It depends on the status of the person in respect of whom the proceedings were started.

Employees and citizens have the right to appeal the decision on an administrative case in instances of general jurisdiction. If the decision is made by an official, the application shall be submitted to the district (city) authority. The review is carried out by a federal judge. In turn, a claim may also be made regarding its decision. In this case, the appeal of the administrative decision is carried out in the cassation regional (regional) instance. The decision of the general jurisdiction body on the accepted application shall immediately enter into force. In this case, the prosecutor has the right to appeal the administrative order. Consideration of his application is carried out by the regional (regional) authorized body. Claims for decisions of justices of the peace are examined by a federal judge.

Arbitration

The jurisdiction of this court is the consideration of complaints of individual entrepreneurs and legal entities on decisions on administrative offenses. The decision of this authority may, in turn, be appealed to the appellate court. The time period for appealing an administrative order is ten days. A decision made by the appeals body may also be appealed.

In this case, a complaint against a decision on an administrative offense shall be submitted to the cassation federal body. In this case, you need to know a number of nuances. In particular, the right to appeal the decision on an administrative offense belongs to those legal entities that were charged with a fine of more than one hundred thousand rubles, and individual entrepreneurs - five thousand. The decision of the Federal Authority shall enter into force immediately. An appeal against a decision on an administrative offense may be carried out by prosecutors. In this case, the rules established by law must be observed. term of appeal of the decision traffic police

Appeal of the decision of the traffic police

The Code gives citizens the right to appeal decisions made in connection with unlawful actions. Article 244 of the Order of the Ministry of Internal Affairs regulates a special procedure for appealing against a decision of state bodies. In particular, citizens can protest against the decision of the traffic police in the following cases:

  • Violations by her of their rights and freedoms.
  • Illegal prosecution.
  • Creating obstacles to the realization of rights and freedoms.
  • Unlawful assignment of any duties.

The law gives citizens the right to appeal the decision of the STSI on the issue of its validity and compliance with legal norms. Also, individuals have the opportunity to protest against the refusal to initiate proceedings on the fact of illegal action.

Appeal ruling: sample

It should be said that there are uniform rules for drawing up a protest. A sample appeal of the decision of the traffic police can be found on information boards in all bodies that are authorized to accept such statements. There are also examples of the correct preparation of the document. The sample appeal of the decision of the traffic police contains the following points:

  • The name of the authority where the protest is directed.
  • Name, position of the employee to whom this document is addressed.
  • Name of legal faces or name of citizen.
  • The address of the applicant, according to which a response will be sent to this application.
  • The circumstances of the case.
  • Other information relevant to the situation.
  • Name and position of employee who made the wrongful decision.
  • Signature of applicant and date of filing of protest.

A sample appeal of an administrative decision also contains a list of attached documents indicating certain circumstances. A copy of the unlawful decision is also submitted with the application. appeal against an administrative court ruling

Important points

The authorities have the right to leave the complaint without consideration in the following cases:

  • The absence of the address and name of the applicant.
  • Inaudible handwriting.

In addition, the authorities may inform the applicant of the impossibility of responding to his protest if disclosure of information constituting a state or other secret protected by law is supposed. The deadline for appealing the decision of the STSI is, as in other cases, ten days. This period begins on the day after the decision is handed. The transfer of the document is carried out within three days from the date of the determination. The deadline for appealing against the decision also begins on the day following the delivery of its copy. This is also done within a three-day period after the decision.

Application Methods

The applicant may personally bring his written protest to the authorized body. A citizen can also send his complaint by e-mail. To do this, go to the traffic police website and visit the relevant sections. The application can be sent by letter (registered).

Types of applications for consideration in the Arbitration Court

As mentioned above, organizations and individual entrepreneurs can send their complaints to this instance. In particular, they may appeal against decisions:

  • FMS.
  • Fire Inspection.
  • Rospotrebnadzor.
  • Labor Inspectorate and other supervisory structures.

However, it is worth saying that the mere fact that the entrepreneur or organization acts as the person held liable is not enough to classify the case as a jurisdiction of the Arbitration. In this case, the economic component is also important. This is the second criterion by which a protest relates to Competence of the Arbitration Court. So, disputes that are not related to economic activity are appealed in the courts of general jurisdiction. term for appeal of an administrative order

Proving the validity of a decision

It is always carried out by the authority that issued the decision. However, despite this universal rule, the person filing a protest does not relieve himself of the obligation to prove the circumstances to which he refers in his application. For example, if a protester indicates that on a particular day a violation was found, the organization did not conduct activities or the responsibility for observing certain requirements lay with other people, then this should be documented. Any doubts that have arisen in the body examining the protest should be interpreted in favor of the applicant.

Proceedings

Chapter 25 of the agro-industrial complex regulates the procedure for examining protests against decisions on administrative offenses. In accordance with the general rule, the competent authority is not bound by the above arguments. His duty is to fully examine all circumstances. The court must establish whether the order in which the perpetrator was held accountable was violated, whether the applicant was proven guilty, and whether legal and appropriate methods were used.

Simplified Production

The procedure for such consideration is established in a special chapter of the agro-industrial complex. The consideration of circumstances in simplified proceedings is carried out without calling the parties. They are given only a certain time during which they submit their substantiated objections electronically through a specially created system. If it is necessary to obtain and investigate additional evidence, the court shall conduct the proceedings in a general manner. A statement of the grounds for such a transition should be made by the party to the dispute.

Another significant feature of the consideration of protests against administrative decisions on simplified proceedings is the fact that those arguments that were not examined during such proceedings are not accepted by the appeals body. This circumstance often causes certain difficulties in the subsequent proceedings.In this regard, it is necessary to pay maximum attention and time to work in the body of first instance. In particular, the application should be submitted in writing in a timely manner, supplemented with any new information relevant to the case, asked to extend the period for preparing the claim, etc. appeal procedure

Claim Resolution

If, during the course of the trial, the court establishes the fact of unlawful actions of the administrative authority, the violation of the procedure for holding accountable, the lack of proof of guilt in the commission of a criminal offense, the expiration of the statute of limitations, the absence of circumstances referred to by the structure in the decision-making process, a decision will be made on illegality of this decision. The authorized authority is also entitled to change the type and amount of sanctions.

Objection to protest decision

Any participant in a dispute who disagrees with the decision of the arbitral tribunal may appeal it. The application is submitted to the appeals body, as in all cases, within ten days. The Court of Appeal acts as the last resort, which has the right to review the evidence and assess the circumstances.

Cassation appeal against decision that entered into force

It can also be submitted by any participant in the proceedings disagreeing with the decision. A cassation appeal can be either on a decision of the arbitration court of first instance that has entered into force (if it has not been appealed to the appellate body), or on the determination of the appellate body. However, in this case there is a nuance. If the appeal against the decision was examined by the court of appeal, then appeal to the cassation body is allowed in accordance with certain grounds. In particular, this can be done with the assumption of a significant procedural abuse by the authorized body in the proceedings. For example, non-signing of a protocol, conducting proceedings in case of illegal judicial composition, and others, can serve as them. appeal against a traffic police order

Legal aid

Entrepreneurs and citizens trying to independently challenge certain administrative decisions often lose out on appeal. As a result, there is a need to prepare appeals against decisions that have already taken place. Rejection of complaints, as a rule, is associated with an incorrectly selected initial defense tactic, failure to submit the necessary evidence to the authorized body, non-appointment of an examination, lack of evidence from witnesses and others. If the court did not take into account any significant circumstances indicating a violation of the procedure for holding a person liable, did not investigate them and did not give them an estimate, then the appeal dispute can be won with a high probability.

Otherwise, it will be more difficult to challenge the decision. This proves the necessity and expediency of seeking qualified help from a lawyer. This is especially true for those who are not guided by legislative norms, are not familiar with the adopted procedures, and do not know how to prove that his rights are violated. It is possible to increase the likelihood that a complaint will be not only considered and accepted, but also satisfied, by contacting a specialist in a timely manner. In this case, the lawyer has the opportunity to initially become a party to the dispute, develop in advance the most effective defense tactics, collect the necessary evidence and transmit it to the authorized body in time and in proper form. If a decision is made in favor of the protest applicant, the money spent on a lawyer can be reimbursed.


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