The complaint against the decision of the traffic police: a sample and an example. How to write a complaint about the decision of the traffic police?

The consideration of the case of an administrative offense ends with the issuance of the relevant resolution. Legislation gives citizens the right to challenge this act. We will consider further how to write a complaint about the decision of the STSI.

General information

Many citizens who find themselves in a difficult situation on the road do not know how to fill out a sample complaint against a traffic police decree. Compiling this document as a whole is straightforward. However, you need to know some nuances. Difficulties arise, as a rule, due to the fact that the legislation does not establish clear requirements, according to which a complaint is written against a decision of the traffic police in an administrative case. Many also do not know where exactly to send their application, and also in what time frame it is possible to challenge the act.

The complaint against the decision of the traffic police in court

First of all, it should be said that a statement can be sent to a higher authority. It will be the regional government. In this case, the complaint is addressed to the head of the traffic police. On the decision can write a claim within 10 days. This period is relatively short, but it is quite possible to keep within it. The traffic police department is obliged to consider the complaint within 10 calendar days, and the court is given no more than two months. At the same time, most citizens send applications to the second instance. They believe that the court will be more objective in making the decision.

Statement Structure

The sample complaint against the decision of the traffic police includes several sections:

1. Introductory part. It indicates information about the body to which the application is sent. Also in this section provides information about the person who writes the complaint, his representative (if any).
2. Descriptive part. The complaint against the decision of the traffic police about an administrative offense must contain a statement of all the circumstances of the incident. The description also includes an indication of the acts drawn up. In particular, the numbering and dates of the protocol and resolution, the legal qualification of the offense, the position of the person who issued them are indicated.
3. Motivation part. This section is considered the largest in the document. Here the applicant describes his position and gives reasons for his disagreement with the appealed decision. Petitions from a person may be present in the same part.
4. Final part. She is also called "petitioner." In this section, the applicant provides his requirements. It is also advisable to indicate here references to articles of the law on the basis of which a complaint was drawn up against the decision of the STSI. In conclusion, a list of attached documents is also provided, a signature and the number of paperwork are put.

Mandatory Elements

The complaint against the decision of the traffic police must contain:

1. The name of the body to which the application is addressed.
2. Contact information, full name, address of the person filing the complaint.
3. Details of the disputed document, content of the resolution section.
4. The grounds under which the applicant considers the decision unlawful.
5. Request for amendment or cancellation of the act.

What arguments can be used?

The complaint against the decision of the traffic police is filed if there are appropriate grounds. As them can be:

1. Lack of validity of the act.
2. Lack of evidence of guilt.
3. Inconsistency of the conclusions indicated in the resolution with the real state of affairs.
4. Misuse of the rule of law (misinterpretation).
5. Rejection of evidence that was provided by a citizen in his defense.

In the event that procedural violations were committed during the proceedings, this should also be indicated in the complaint. For example, if a citizen was not notified of the time and place of the consideration of the act in an appropriate manner. The complaint against the decision of the traffic police will also be substantiated in case of improper behavior of the inspectors themselves at the scene.

If the contest is carried out in order to reduce the amount of the fine, then the content of the application should draw the attention of the competent authority for consideration to the fact that when issuing the act the mitigating factors were not taken into account. Their list is given in Art. 4.2 CAO. This list is not considered exhaustive. Therefore, the complaint against the decision of the STSI may contain circumstances that are not specified in the law, but may be of significant importance in substantiating the position.

Inspector misconduct

If the applicant believes that the behavior of the traffic police officer infringes on his interests and rights, then a relevant complaint can be addressed to the district court. In this case, the claim can be presented to both the ordinary inspector and the head of the Office. It is possible to appeal against the inaction of employees. For example, if an employee refused to show his ID. A citizen may appeal to the court within two months from the moment he became aware of the violation. A prerequisite in this case is the availability of evidence of the unlawful conduct of an official. The document may indicate that due to the action / inaction of the employee:

1. Obstacles arose for a citizen to exercise his freedoms and rights.
2. The interests of the applicant are infringed.

The complaint should indicate which rights were violated (with reference to the norms of the law).

The timing

If a fine has been issued to a citizen, then it must be paid within two months from the date of entry into force of the decision or from the end of the installment or deferral periods established in Art. 31.5 Administrative Code. An exception is the case provided for in paragraph 1.1 of Art. 32.2. The decision comes into force 10 days after the adoption. It is better to challenge him during this period. In Art. 31.1 Administrative Code indicated that the decision comes into force:

1. At the end of the period established for contestation, if no claim has been filed for the act.
2. At the end of the time period for appealing the decision to protest, except in cases in which it cancels the decision.
3. Immediately after the adoption of an act not subject to dispute. An exception is when a decision cancels a decision.

The law sets a time limit for issuing an act. So, after the protocol was drawn up, according to Part 1 of Art. 4.5 of the Code of Administrative Offenses, the decision must be made no later than 2 months, and if the materials are examined by the court - 3 months. If a citizen has filed a motion for proceedings at his place of residence, if satisfied, the statute of limitations will be suspended until the date of receipt of the materials by an authorized authority.

Important point

In Art. 31.9, para. 1, it is indicated that the punishment is not executed if the decision was not implemented within two years from the date of its adoption. In this case, it is considered canceled. As a rule, this provision applies to acts imputing a citizen to pay a fine.

Additionally

As mentioned above, it is more expedient to appeal the decision of the traffic police within the first ten days from the date of its adoption. In this regard, lawyers draw the attention of citizens to important points. In particular, it must be remembered that the calculation is carried out in calendar days. Therefore, if weekends or holidays are approaching, care should be taken in advance to send the application. It can be sent by mail or brought personally to an authorized authority. Domestic legislation provides citizens with the opportunity to restore the appeal period if they are missed.However, it is often very difficult to do this in practice. In such situations, a citizen must have good reason for missing and proof of their materiality. For example, he may be on treatment, be on a long business trip, and so on. In any case, documents supporting these events should be provided.

Conclusion

Many motorists believe that an appeal against the decision does not make sense. However, practice shows that to challenge the act is quite realistic. Lawyers draw the attention of citizens to the rules for writing an application. In the absence of mandatory details, supporting documents and other necessary elements, its satisfaction may be refused. In addition, the deadline for filing a complaint is of particular importance in this process. This procedure should not be delayed. If you have any difficulties, it is advisable to contact qualified lawyers.