offense if your rights are violated?
Of course.
Especially often you want to defend your dignity when you receive a decision to collect a fine from the traffic police. But for this you need to know: where, how and to whom you need to file a complaint in order to achieve the cancellation of the punishment for an administrative offense.
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What needs to be appealed - the protocol or the decision?
Most citizens incorrectly use terminology in such cases, because It is not the protocol itself that needs to be appealed, but the decision received from the traffic police inspector. It is issued additionally to indicate the punishment for the violation committed.
In some cases, it is necessary to challenge a court decision made in response to requests from the traffic inspectorate.
At the beginning of drawing up sanctions, the inspector first of all records in a document the main technical points confirming the administrative offense. In this case, the following parameters are recorded:
- what rules were broken
- individual data about the participants in the accident
- vehicle details
- personal information about witnesses
- explanation of those responsible
Based on the recorded information, a decision is made on the appropriate preventive measure (payment of a penalty, withdrawal of rights, etc.). In the same document, the inspector enters a link to the article of the Code of Administrative Offenses of the Russian Federation, on the basis of which the decision to impose sanctions was made. It is this decision that is subject to appeal if the violator does not agree with it.
When an act of violation is declared invalid
An appeal against a traffic police administrative violation protocol is most often based on the recognition of the invalidity of this document. The main reasons when sanctions lose their effect are the following circumstances:
- The state inspector who drew up the protocol entered information directly in his office, without going to the territory where the offense was committed
- During the preparation of a document, serious errors are made or information is distorted, the unreliability of which is easily proven in court
- if an inspector grossly violates the rights of that person, the decision in whose name the decision is issued under the Code of Administrative Offenses is cancelled.
Even if at this time it was noticed that the authorized person was entering erroneous data or deliberately infringing on the dignity of the person whom he was imposing penalties on, it is better not to immediately focus attention on this. It is better to record his speech on a voice recorder or film the inspector’s actions on a video camera, recorder or other device. Then this recording can be presented at a court hearing and prove your innocence, as well as the invalidity of the protocol.
Attention to protocol
The person who has been imposed penalties by the traffic police inspector must carefully study the protocol. It is worth paying attention to several points that will not allow the driver to remain deceived when preparing documents, and will also help when the protocol on an administrative offense is appealed in court.
Remember the following tips:
- Study carefully every word set out in the protocol in order to identify erroneous parameters that can be used in the future when challenging the punishment.
- Any discrepancy between the flow of funds during an offense and its absence from reality, as well as your disagreement with the material presented in the document by the inspector, must be described in the “Explanations” column.
- Insist on having witnesses on your side included in the protocol if they were next to you in the car.
- If the inspector refuses to register any of your testimony or the data of your witnesses, make a note about this and his other unlawful actions in the “Explanations” column;
If the violator, before completing the documents, is not explained what rights and responsibilities he has in this situation, then he needs to write in the “Explanation of rights and responsibilities” paragraph about his disagreement with the actions of the civil service. As a rule, such a mark is enough for success in challenging the case to be on the side of the guilty person, since the protocol will be recognized as incorrectly drawn up.
If the lines in the protocol are left blank, then you need to put long dashes in these columns.
In addition to these actions, it is necessary, whenever possible, to photograph or record on video all the nuances that may confirm your case and will then be used as evidence of innocence.
The inspector is obliged to hand over a copy of the protocol to the violator at the place where the documents were drawn up, which should also not be forgotten. If suddenly another version of the protocol is presented in court, then your copy may become the only and main thing for protecting your rights.
When to challenge a decision
There are several cases stipulated in Russian legislation when the offender indicated in the protocol has the right to challenge the imposed fine or other punishment imposed on him. The reasons for appealing penalties are as follows:
- when it infringes on the interests of an individual
- the decision deprives a citizen of legal rights
- The traffic police inspector obliges the violator to perform actions that no one has the right to entrust to him
Keep in mind that the drawn up protocol actually confirms the citizen’s guilt in an offense under the Code of Administrative Offenses of the Russian Federation. Russian legislation does not have a clear description of the process of challenging this document.
However, every citizen has the right to turn the drawn up protocol from confirmation of his guilt into a simple piece of paper, which subsequently will not have a bad influence on him.
Who should file a complaint?
First of all, you need to decide what you will appeal - the actions of the inspector or the amount of the fine. If you are not satisfied with the amount of the monetary penalty, then the complaint must be addressed to an employee in the IAZ (execution of administrative legislation). Unlawful actions of an inspector are challenged in 2 stages:
- It is necessary to submit it to a higher administration - persons from the command staff of the road rules inspection service.
- If the inspector is not satisfied with the result of the initial appeal to his superiors, then he should go to court.
- But you can immediately declare your challenge to the received decision directly to the courts.
To apply, you need to write a statement, briefly stating the essence and focusing on particularly important facts. The following should be clear from the document:
- who wrote the complaint
- reasons why he is accused
- what or what actions he does not agree with
- references to current laws confirming his correctness
- purpose of the petition: to cancel the decision, reduce the amount of payment
- what materials are available to prove the violator is right?
You must confirm your rights with references to acts. Please note that the more excerpts from the Code of Administrative Offenses of the Russian Federation and other current regulations you use to protect your rights, the greater the likelihood that the decision will be in your favor.
Very often, the initial appeal to higher authorities of the traffic police is a pure formality.
Rarely does anyone manage to challenge administrative protocols in their favor in these offices.
The received complaint is investigated without the participation of the person against whom the protocol was issued.
Therefore, the contestant is deprived of the opportunity to provide additional materials or testimony of witnesses that confirm his case.
The main goal in this case will be to obtain a decision from the refusal to satisfy the requirements of the complaint.
This response from the inspection staff will give the right to appeal the actions of civil servants in court, where all the evidence presented that refute the administrative offense will be considered.
Note! When a complaint is received from the traffic police about penalties imposed, they go through a registration procedure, which is carried out by inspection staff in the office.
Judicial review of appealing facts
An appeal to the judges can also have 2 scenarios:
- Complaint about the illegality of the actions of a traffic inspector
- Cancellation of a decision made as a result of an appeal from traffic police officers
In the first option, it is necessary to file a complaint and its appendages to the court that controls the area where the offense occurred. After its registration in the office, after some time the applicant must be summoned to court.
At the meeting, he will be given the opportunity to justify and present arguments refuting the violations set out in the administrative protocol.
The second option of contacting a court is usually based on a judge's decision, which must be appealed. Moreover, if the document on punishment was issued by a magistrate, then the appeal must be filed with the judge working in the same district branch.
If the case of a violation under the Code of Administrative Offenses was considered in a district court, then the application to cancel the punishment should be addressed to the regional judge.
Appeals must be submitted for consideration through the same branch of the courts that sent their decision to the perpetrator.
Please note that a court decision can only be challenged once and therefore the assistance of a lawyer will most likely be required in this case.
Time to appeal the decision
The law defines a limited period for appealing a court decision or order in relation to an offense recorded in the protocol of a traffic police inspector. The specified period for challenging, specified in Part 1 of Art. 30.5 of the Code of Administrative Offenses of the Russian Federation, lasts 10 days from the moment the offender receives the document on punishment, which also includes weekends.
In order not to miss the moment and file a complaint in a timely manner, it is necessary to decide how it would be more convenient to submit a petition:
- in person to the office of the institution
- via Russian Post
- instructing an authorized person to represent their interests
The number on the receipt for payment for postal services and in the stamp on the envelope are equal to the date the application was submitted to the institution. They will be able to prove that the complaint was filed on time, even if they refused to accept it personally from the citizen.
It is best to send a complaint by mail by registered mail with delivery receipt.
If the decision is appealed through a proxy, then he will need to present a power of attorney and a personal passport to confirm his authority.
There are cases when the guilty person was not present at the consideration of an administrative offense because the summons was received after the court hearing or it was not delivered to the addressee at all. Sometimes, for good reason, he is physically unable to participate in the protocol review process.
In such cases, he clearly failed to protect his rights and file a complaint within the prescribed period. In such circumstances, it is necessary to extend the time and submit an application to the judge “to restore the period for appeal.” It must indicate these circumstances or other valid reasons that prevented you from challenging the inspector’s decision.
How is a complaint made?
In a written application to appeal an administrative offense, you must provide the following information:
- The name of the institution where the complaint is being filed or to whom it should be sent.
- Full name, position of the authorized person to whom the petition is addressed.
- Information about the identity of the applicant who received the decision.
- Information about the citizen in order to send a written response about the results of consideration of the appeal.
- Brief information about the facts refuting guilt according to the protocol.
- Basic recorded data: when the document was drawn up, the location of the incident, information about the traffic police officer.
- Applicant's visa.
- Appeal filing date.
To substantiate your case, you must attach a copy of the decision and other documents referred to in the application to the complaint.
How does the dispute procedure work?
There are 2 more options for challenging the protocol data before a ruling or court decision is made.
The described offense is disputed before the hearing of the case on its merits.
It operates on the basis of the provisions specified in paragraph. 2 tbsp. 29.9 of Law No. 195-FZ.O
but it presupposes the possibility of a judge making a ruling on the return of documents for revision (clause 4 of Resolution No. 5).
The first option for challenging protocol data is based on the fact that it is necessary to achieve a determination on the return of documentation inappropriately during its preparation for consideration (clause 4 of Article 29.4 of the Code of Administrative Offenses of the Russian Federation).
This circumstance can be used by the guilty party to extend the period and obtain the necessary additional time to draw up and file a complaint.
At the same time, a decision made in connection with ignoring the norms of administrative legislation cannot be issued again after 2 months (or 3, when the decision on the case is made by a judge), after it was committed (Clause 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation).
The second option is an indication of erroneous and incorrect data in the protocol, identified during its study before considering the case on the merits. The judge must point out to the inspector any violations of procedural requirements for drawing up a protocol or ruling.
When considering the case and studying the materials, the judge may find serious violations in the form. Then he is recognized as unsuitable for proving the citizen’s guilt. This may be a reason for issuing an order to terminate the proceedings.
Upon receipt of a complaint by an employee of the institution, all materials on this case must be sent to a higher authority or other judicial body within 3 days (Clause 1, Article 30.2 of Law No. 195-FZ). The state fee when appealing a punishment for an administrative offense is not paid on the basis of paragraph 3 of the mentioned article.
In what cases do authorities have the right to leave a complaint unanswered?
There are nuances that may cause the complaint to be rejected. These include the following circumstances:
- there is no personal information about the applicant
- the text is written in illegible handwriting that is unreadable
Even if a decision is made to refuse to consider the appeal, the authorities are still obliged to inform him about the reason for the impossibility of giving an answer. Another point when they have the right not to provide the results of consideration of the complaint is the case regarding the preservation of state or other secrets protected by law.
In the case when the person in respect of whom documents on punishment for an administrative offense have been drawn up has irrefutable evidence against the accusation, there is a great opportunity to challenge it in government authorities and obtain a satisfactory decision. Therefore, there is no need to be embarrassed or afraid to defend your violated rights in court.
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