Appeal of the protocol on an administrative offense: terms and rules

In case of administrative violation executive obliged to draw up a protocol and make a decision on this. On the basis of this document, information about which is recorded in a common base, the perpetrator must pay the fine that is prescribed by law. Also, in case of violation of the payment terms (60 days) established by law, the offender, in respect of whom the decision was made, is liable.

Administrative violations occur in different areas and, as a rule, do not pose a serious danger to the public. Most of the protocols are drawn up, according to practice, by the traffic police in relation to drivers of vehicles (TS) and pedestrians.

In the event that the guilty person does not agree with the wording of the decision and the essence of the charge indicated therein, it is possible to appeal the document. A sample appeal of the administrative protocol will be given below.

Features of the protocol and regulation

It should be noted that the appeal must be made within 10 days from the date of the official paper. The protocol contains only facts. Therefore, you should not consider it the document that recognizes the citizen guilty of an offense.

In the event that the violation is not very serious, an administrative offense is immediately issued. This document is just the official recognition of a person guilty, imposes a certain fine on him, which is provided for by the administrative code.

The decision is made in this case by the traffic police officer, and in difficult cases - the judge.

To appeal the protocol of the traffic police, a sample complaint must be before your eyes. This is necessary if the citizen is completely unprepared in the legal plan.

The complaint contains information in a free statement, but only in essence and preferably in a more or less legal language. Since such a document submitted to the court or to a higher authority should contain only what is relevant to the case (from the point of view of normative legal acts). The application for appeal of the traffic police protocol (sample) is given below:

The timing

In any litigation, timelines are very important. There is no need to tighten them by fictitious sick leaves or linden trips. It should be remembered that the days during which the guilty (or innocent) can go to court are calendar, not working.

The time frame for appealing an administrative protocol, as noted above, is 10 days. In the event that the deadlines are missed for any good reason, they can be restored. In doing so, it should be guided by Article 30.3 of the Code, which allows handling petition to court to recover lost time.

If the court or other body authorized to consider such appeals considers the reason disrespectful, the application is rejected and a determination is made on this fact.

It is worth noting that the time limits for appealing the traffic police protocol and the protocol of another body that has the right to carry out these actions do not differ.

Reasons for appeal

In order to file a complaint against an unlawfully issued decision or a drawn up protocol, you need to know in which cases it is worth doing. Not always the person in relation to whom the document is drawn up is guilty. This leads to gross errors when filling out the protocol by authorized employees.

In the event that inaccuracies were made or the necessary and important information was not indicated, the protocol is considered invalid, since it should be drawn up in accordance with Article 28.2 of the Code.

Errors can be made deliberately or accidentally. For example, an indication of an article of an offense that is not true is the fault of the employee. An erroneous indication of an article that is consistent with reality, but does not exactly determine the misdemeanor of a citizen - a shortcoming of an official.

Witnesses and the signing of the document

An appeal of a protocol on an administrative offense shall be carried out if there are sufficient grounds for this. If there are no witnesses in the administrative case, there is no video recording of the offense and other evidence, the innocence that the alleged violator is required to prove in accordance with Article 1.5 of the Code is rather difficult to determine.

In addition, if the protocol is drawn up in accordance with all the rules, but the violator does not agree that the offense has occurred, he has the right not to sign this document and may appeal it in the future. The employee must invite two witnesses who confirm the fact that the alleged offender refused to sign the protocol. Data on witnesses are required.

At the same time, experienced lawyers advise to nevertheless sign the document, but indicate that "I don’t agree with the decision of the traffic police officer (as an example), I will appeal in court." In the column “Explanation” you should indicate your version of what happened, if there is not enough space, you need to add information on a blank sheet of paper, indicating that there is an application.

As an application, one can also consider a petition that the proceedings be carried out at the place of registration of the citizen. In the protocol itself, the fact of the existence of such a document is also indicated.

Explanation

If there are witnesses who are not entered in the protocol, the person who gives the explanation, enters them yourself. It is necessary to remember and adhere to the following rules: do not write anything under the dictation of the inspector, put a Z in blank columns so that later there is no “new” information regarding the offense.

The judgment, if the offense provides for penalties, shall be imposed in any case. It must be recalled that if no appeal was submitted within the specified time period, the decision shall enter into force. From this day, the offender has 60 days to pay the amount of the fine specified in the decision.

The appeal procedure of the administrative protocol

Despite the fact that one often hears the wording “appeal of the protocol”, it is impossible to appeal the protocol itself. This is not a document that establishes the guilt of the offender and prescribes a fine.

An appeal of the protocol in this case should be understood as the formation of a complaint against the actions of the traffic police or other authorized persons. It consists in pointing out the unlawfulness of the actions that led to the issuance of the illegal order.

Therefore, an appeal of an administrative protocol in a court must contain a description of precisely those actions of inspectors that led not only to the violation of certain regulatory legal acts (required), but also to the erroneous conviction of a person.

Rospotrebnadzor

It is worth noting that, in addition to the traffic police, decisions on administrative offenses can also be made by employees of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

If the road patrol is quite common, and the perpetrators, as a rule, know that they violate the articles of chapter 12 of the Code of Administrative Offenses, then when inspecting the Rospotrebnadzor much less is found.

This organization operates on the basis of the Administrative Regulation and Law No. 249-ФЗ “On the Protection of the Rights of Legal Entities” dated December 26, 2008.Since the law has more force than the regulation, an inspection order that does not contain all the necessary details prescribed by law, the owner of, for example, a business, may refuse. At the same time, he will do absolutely right.

In the event that the employees of Rospotrebnadzor comply with all the necessary formalities, they begin to check. It is worth noting that scheduled inspections in no case are carried out suddenly - legal entities must be notified about this in a generally accessible way or through the media. Otherwise, you can appeal the protocol on an administrative offense, or the order issued, if any.

Unscheduled inspections occur only if any violation was previously detected and the inspector issued an order to this legal entity to eliminate it within a certain period of time (not a decree!) Or an appeal was received about violation of the rights of the population in the consumer sphere.

Validation Results

According to the results of the audit, the head of the legal entity receives (or requires) a copy of the act with the appropriate seal. If there is disagreement with the final values ​​of the audit, an appeal is made of the protocol of Rospotrebnadzor.

The protocol (or act) of the audit can lead to three consequences: no violations were detected; issued an order to eliminate violations; an administrative offense was issued.

The injunction and order may be appealed in court. Moreover, the order is appealed against in accordance with Chapter 25 of the Code of Civil Procedure, and the order is appealed against in accordance with Chapter 30 of the Code of Administrative Offenses.

Filing a complaint against a decision on an offense in this area, as well as an appeal against the administrative protocol of the traffic police, must occur within 10 days from the date of issuance of this document.

The time period for appealing the order is somewhat different - 15 days from the day it was issued.

Where to go

To file a complaint with any of these authorities, you need to know exactly where to go.

If the decision was made by the traffic police officer or inspector of Rospotrebnadzor, it is necessary to file a complaint about their actions with higher officials (heads of these employees) or with a higher authority (for example, the traffic police of the region or the regional Rospotrebnadzor).

In the event that it is necessary to appeal directly already a court decision - only to a higher court in the form of an appeal. In this case, it is not the decision that needs to be appealed, but the decision (determination) of the court of first instance.

State duty

It must be remembered that such a procedure as appealing a protocol on an administrative offense is not subject to a state duty, in accordance with Article 30.2 of the Code of Administrative Offenses. Accordingly, the state duty will need to be paid only if an appeal is filed, since these actions are not a complaint against a decision, but against a court decision.

Copies of protocols

The evidence in the administrative case regarding the existence of violations on the part of the employees of the body that revealed the offense will be a copy of the decision (or protocol) issued on the spot. A copy of the document must be obtained only after all the necessary information and explanations from the violator are entered.

Features of obtaining a copy

It’s wrong to sign for receiving a copy when all the information has not yet been entered, since in the future, when the protocol on administrative violation will be appealed, it may turn out that “additional information” ascribed by the inspector appears in the protocol.

Also, do not sign blank protocols, documents closed with a sheet of paper, or put a signature under pressure from employees. It will not lead to anything good, and then it will be rather difficult to prove innocence.