A sample complaint about the decision of the justice of the peace is needed by all who consider the decision to be unfair. How is a complaint filed, in what form? Are there any content requirements? What to refer to? What difficulties do citizens face when submitting?
Normative regulation
The Administrative Code provides for a whole chapter that describes the process of appealing against decisions of authorities and courts on bringing citizens to administrative responsibility. In order to help the courts, a resolution of the Plenum was issued, where some clarifications are given regarding both consideration and revision.
In addition, reviews of court practice at various levels discuss the application of rules governing and review decisions.
Where to look for a sample complaint against a magistrate’s decision
You can see it in our article. It must be remembered that not only formal requirements are important, but also the essence of the arguments, their completeness, and how well they are correctly selected. Otherwise, the complaint will be useless.
If the applicant does not have experience in handling such statements, then it is necessary to study more than one sample complaint against the decision of the justice of the peace before formulating a promising document.
Writing a complaint
It is interesting that the law does not have requirements for an appeal; there are only requirements for a complaint against judicial acts that have already entered into force (appeals and cassation instances are implied). It is not worth abusing such a provision, and the document must contain all the necessary information so that the judge does not have the opportunity to reject the complaint purely on formal grounds.
Sample complaint structure
The sample complaint against the decision of the justice of the peace looks approximately the same, the difference in the details of quoting the rules of law and a description of the circumstances of the case:
- name of the court to which the complaint is filed (meaning the district court authorized to appeal review);
- information about the submitter (full name, place of residence, contact information, in particular, phone number, email address);
- information about the representative (F. I. O., place of residence, contact details);
- information about the court ruling (date of pronouncement, case number, by whom it was rendered);
- a description of the reasons giving rise to consider the decision illegal and unreasonable;
- requirements to the court (amend, cancel the decision and completely terminate the proceedings);
- inventory of attached documents;
- signature and filing date.
Where exactly to send paper
The appellate review of cases considered in a magistrate court is handled by a district court. How to determine where to go? Take, for example, the magistrates' courts of Moscow. A special portal has been organized in which information on all world sites is systematized according to the administrative districts and districts of the city.
Information is provided on the appeal procedure (in the form of a citation of procedural codes).
In addition, directly in the text of the decision, the judge must indicate in what order and where to file a complaint against his decision.
Speaking objectively, the second instance for the magistrates' courts of Moscow is the district courts. The city court already fulfills the role of the cassation instance for magistrates. In the case of the district, they play the role of both the appeal and the cassation instance.
Who is entitled to file a complaint
The complainant has the right to act as victims in the case, a representative of the body that sent the materials to the court, or the person in respect of whom the decision was made. So, for example, the chiefs of the State Property Inspection and the State Traffic Safety Inspectorate have the right to appeal the decision of a justice of the peace in an administrative case if the bodies that they head took part in the process.
If a citizen or a non-governmental organization suffered, they have the right to appeal an excessively mild, in their opinion, decision.
What to rely on
How to make a complaint, where to start? There are norms of procedural and substantive law. Rules of procedure govern the procedure for initiating cases, their consideration and issuing judicial acts on them. In our case, the Code of Administrative Offenses, which describes the actions of authorized persons and the court.
Material standards govern the relationship of the parties, their behavior, the limits of punishment. In particular, a frequent subject of dispute in a magistrate court is whether there has been a violation of traffic rules.
The second component of any complaint against a magistrate’s decision in an administrative case is the factual side.
What violations occur
How to make a complaint? First of all, it is necessary to say about complete disagreement with the court decision. The higher court, of course, has the right to go beyond the scope of the complaint, examining the case file, but does not seek to use this right.
In the sample appeal against the decision of the justice of the peace, one can see references to violations in the part of the examination by the magistrate of the facts of the case. They are expressed in a refusal to listen to the arguments and evaluate them, in a distortion of the version reflected in the decision. All this is proved if earlier, in the court of first instance, the defense side submitted petitions, statements in which it reflected its position.
The second category of violations is related to substantive law. The court ignored or incorrectly applied the regulations that were to be applied, sometimes it is worth quoting the necessary provisions.
The third category is violation or non-fulfillment of the norms of the process. The court, for example, did not take into account the significant flaws in the protocol for examining the scene of the incident, the protocol on an administrative offense, materials of an administrative investigation. It is possible that the authorized persons indicated the consent of the person involved with the claims, although this was not the case, did not explain the rights and obligations, did not allow to get acquainted with the case file.
Search and inspection are allowed to be carried out without the participation of witnesses, subject to video recording.
Court requirement
The model of the appeal against the decision of the justice of the peace in the administrative case proposes one of two requirements: amendment or cancellation of the decision.
The judge is not limited by the requirements of the complaint and has the right to take another decision, in particular, leave the decision in force or cancel it, and send the case for new consideration.
List of documents
What documents to attach? All that testifies in favor of the involved person. Although the prosecution is required to prove guilt, one cannot passively wait for the end of the process. The evidence is references, documents, videos, expert opinions. We must not forget about the witnesses, especially when it comes to traffic accidents.
Skipping deadlines
The law gives a short period of time for writing and filing a complaint - 10 days from the date of delivery of a copy of the decision. We note the shortened time for appealing decisions on some violations - 5 days, their full list is specified in Art. 30.3 Administrative Code.
The time spent on the preparation of the resolution may not exceed 3 days. If the papers were transmitted by mail, but without notice, you can refer to the postmark on the envelope (date the letter was sent to the post office) to confirm the delay in sending the documents.
It doesn’t matter for what reason the time for filing a complaint was missed - anyway, an application is submitted with a request to restore the time limit for appeal with a justification of the validity of reasons.
The decision on this request is made by a higher court, in our case, a district court. The refusal to restore the deadline for filing a complaint is also allowed to appeal to a higher court.
Submission procedure
The appeal of the decision of the justice of the peace on administrative case is arranged in the following order:
- papers are submitted directly to the magistrates' court;
- papers are submitted to the district court authorized to examine the complaint.
If the documents are sent to the district court, they are transferred to the justice of the peace, and he, having attached the case to them, forwards the documents back to the district court.
Sending documents initially to the district court is not considered a violation and does not bear negative consequences. To protect yourself from the reluctance of court employees to accept documents, it is enough to send an appeal with the attached documents by mail.
Where the complaint is filed against the decision of the justice of the peace, it is written in the complaint itself, the address of the justice of the peace is indicated on the envelope.
Proof of dispatch
Handing over the papers in person, it is worth asking to put a stamp and a note on the acceptance of documents on a personal copy. When sending them by mail, it is advisable to compile an inventory of the attachment and send a notification letter. This guarantees the safety of documents.