Where to appeal a decision on an administrative offense of the traffic police

“>online, using the application form on the Moscow Transport portal;
in person, by contacting the Centers, they operate daily from 08.00 to 20.00 and are located at the following addresses:

• Staraya Basmannaya street, building 20, building 1;
• street 1905, house 25.

“>one of the centers.

You can also come to the MADI reception at the address Moscow, Kalanchevskaya street, building 49 without an appointment (Monday to Thursday from 8:00 to 17:00 and Friday from 8:00 to 15:45, break from 12:00 until 12:45), but in this case you will have to stand in line.

If you want to get an appointment with management (this is only possible on Wednesdays from 09:00 to 16:00, break - from 12:00 to 13:00), you will need to make an appointment either through the Autocode portal or through the terminals located in the MADI building, on the day of reception of citizens from 9:00 am on a first-come, first-served basis.

“>personally at MADI.
By registered letter to the Moscow Administrative Road Inspectorate at the address: 129090, Moscow, Kalanchevskaya street, building 49 (the package of documents includes a complaint, the text of which in free form must be signed by the applicant in his own hand, a copy of both sides of the received fine order, as well as additional materials confirming the groundlessness of the imposed penalty).

“>by post to MADI.

3. How to challenge an AMPP fine?

A fine issued by the State Public Institution “Administrator of the Moscow Parking Space” (AMPP) can be challenged:

Fill out the complaint form, print it, sign it and attach a scanned copy or photograph of it to the online application, as well as copies or photographs of the documents necessary to consider the complaint. Notifications about the status of the complaint consideration and the final decision will be sent to your personal account on mos.ru and by email. An official response on paper will be sent by registered mail to the vehicle owner's registered address. It is sent within three days from the date of the decision.

“>online in the “Services” section on mos.ru;

“>online, using the application form on the Moscow Transport portal;
in person, by contacting the Centers, they operate daily from 08.00 to 20.00 and are located at the following addresses:

• Staraya Basmannaya street, building 20, building 1;
• street 1905, house 25.

You must have with you documents or other evidence confirming the unfoundedness of the fine issued for unpaid parking.

“>one of the centers.
The package of documents must be sent by registered mail to the address: 125040, Moscow, Skakovaya Street, building 19, State Treasury Institution of the City of Moscow “Administrator of the Moscow Parking Space”. The letter must be accompanied by the complaint itself (the complaint must be signed), as well as documents that confirm the reason for challenging the decision.

4. How to challenge a traffic police fine?

A fine issued by a department of the State Traffic Inspectorate can be challenged:

• in person, by contacting the State Traffic Inspectorate unit that issued the administrative violation order;
• A letter of complaint must be sent to the center for automated recording of administrative offenses in the field of traffic of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow at the address: 127473, Moscow, Sadovaya-Samotechnaya street, building 1.

5. Is it possible to get a refund for a fine paid by mistake?

If you paid a fine before receiving a decision to cancel it, or paid the same fine twice, you can get your money back. For this you will need:

• application for refund of a paid fine (sample application to the traffic police, sample application to MADI, sample application to the AMPP);
• copy of passport (and original if applying in person);
• bank account details for transfer (return) of paid funds;
• payment documents confirming the transfer of funds, or documents confirming the collection and transfer of funds by bailiffs;
• a copy of the decision to cancel the decision in the case of an administrative offense (if the decision is cancelled);
• if the same administrative fine is paid again (including using other details), a copy of the document indicating the grounds for imposing the administrative fine.

The listed documents must be submitted either to the territorial body of the Ministry of Internal Affairs of Russia, to whose details the payment was credited, or to the City of Moscow, Kalanchevskaya Street, building 49.

“>MADI, or to the City of Moscow, Staraya Basmannaya street, building 20, building 1 or 1905 street, building 25.

You can also get your money back for an erroneously paid fine issued by MADI online by submitting an application through mos.ru.

You can also get your money back for paid evacuation. You can read more about this in the Moscow Transport memo.

Appealing a traffic police fine, sample complaints

Right to appeal. Where to appeal the decision

A decision for violating traffic rules can be appealed in various situations:

• technical camera error;
• principled defense of one’s position in relations with the traffic police;
• at the time the violation was recorded, another person (your relative or friend) was driving the car;
• the car was sold under a purchase and sale agreement, but was not registered with the traffic police - fines from the new owner come to your name;
• and others.

A decision for violation of traffic rules (traffic rules) is made by the court or the traffic police.
For violations of the rules of stopping and parking in Moscow, decisions are issued by the Moscow Administrative Road Inspectorate (MADI), for violations of the rules of paid parking in Moscow - by the State Budgetary Inspectorate of the AMPP. The court makes decisions on such violations as:

• illegal installation of “flashing lights”, “quacks” and strobe lights on a car;
• driving a car without a driver's license (driving license);
• driving while intoxicated;
• repeatedly exceeding the permissible speed by more than 60 km/h;
• repeated violation of the rules for crossing railway tracks;
• repeated entry into oncoming traffic;
• if the violation of traffic rules resulted in harm to health of mild or moderate severity;
• failure of the driver to undergo a medical examination for intoxication.

Also, if arrest is provided as a punishment, the “administrative charge” is considered by the court.

Decisions made by courts can only be appealed in court. Decisions made by the traffic police can be appealed either to the district (city) court or to a higher traffic police official.

Article 30.1.
Code of Administrative Offenses of the Russian Federation. The right to appeal a decision in a case of an administrative offense. 1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of the Code of Administrative Offenses of the Russian Federation:

• rendered by a judge - to a higher court;
• issued by a collegial body - to the district court at the location of the collegial body;
• issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;
• issued by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.

1.1.
A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of the Code to draw up a protocol on an administrative offense. 2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court. Based on the results of consideration of the complaint, a decision is made.

Time limits for appealing a fine (restoring the time limit for appealing)

Article 30.3. Code of Administrative Offenses of the Russian Federation. Time limit for appealing a decision in a case of an administrative offense.

1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

In other words, you have 10 days to appeal. The countdown begins from the moment you receive a letter with a resolution in the mail or a copy of the resolution at the traffic police.

What to do if you missed the 10 days allotted for appeal? In this case, you can restore this deadline, but only if it was missed for a good reason.

Valid reasons for missing the appeal deadline may include, in particular: serious illness, helpless condition, illiteracy and other circumstances related to the personality of the person filing the complaint.

If the deadline for appealing the fine has expired and the decision is not appealed, then it enters into legal force.

Article 31.1. Code of Administrative Offenses of the Russian Federation. Entry of a decision in a case of an administrative offense into legal force.

A decision in a case of an administrative offense comes into force:
1) after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested;
2) after the expiration of the period established for appealing a decision on a complaint, protest, if the said decision has not been appealed or protested, except in cases where the decision cancels the decision;
3) immediately after making a non-appealable decision on a complaint or protest, except in cases where the decision cancels the decision.

What should a complaint against a decision contain?

1. Addressee of the application.
   You must indicate the name of the court or territorial traffic police office to which the complaint is being sent. Information about the applicant (i.e., your data) and representative (if available) is also indicated here: full name, residential address, contact phone number.
2. Title of the document.
   Complaint against a decision in a case of an administrative offense.
3. Descriptive and motivational part.
   Here you need to briefly outline the circumstances of the incident.
   Indicate the number and date of the resolution, full name. and the position of the traffic police inspector (or judge - if the court decision is being appealed), who brought you to justice, article of the Code of Administrative Offenses of the Russian Federation. In this part it is also necessary to describe your position, the reasons why you consider the decision to be unlawful. Provide references to legal provisions to support your position.
4. Resolution part.
   In this part, you must indicate what you are asking the court (or a higher traffic police body), namely: to cancel the decision (number, date) and terminate the proceedings.
5. Application.
   List the documents attached to the complaint, indicate the number of sheets in the documents.
6. Signature and date of writing the application.

What arguments can be used

Each situation is individual. Below are common examples that you can use in your application:

1. The decision made is unfounded, and the offense has not been proven.
2. The conclusions indicated in the resolution do not correspond to the real circumstances of the incident.
3. Incorrect application of the law (misinterpretation).
4. Failure to take into account evidence provided by the applicant in his defense.

Which fines are better to challenge in court and which ones in the traffic police?

If the decision was made by a traffic police inspector, then it can be appealed both in court and to a higher official of the State Traffic Inspectorate. So, where to write a complaint to resolve the issue faster and fairly?

Practice shows that the bulk of appeals are sent to the courts, since it is the court that has no interest in the final decision, and accordingly will consider the case materials in more detail and more objectively.

Article 30.5. Code of Administrative Offenses of the Russian Federation. Time limits for consideration of a complaint against a decision in a case of an administrative offense.

1. A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint.
1.1. A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint.

Thus, a complaint sent to the traffic police will be considered much faster. Therefore, it makes no sense to send appeals to the courts, according to which you are clearly recognized as right.

Which complaints are easier to send to the traffic police?

1. if you sold a car, and you still receive fines: in this situation, you need to appeal the received decisions and contact the REO with an application to terminate the registration of the vehicle in connection with its sale;
2. if there are technical errors in the resolution: the state was erroneously determined. car number, if it is not your car that is captured on the photographic materials;
3. if the camera reacted to foreign objects, and you were the intruder (the shadow of a car crossed a solid line of road markings, a motorcycle passed by in excess of the speed limit, etc.);
4. if you were forced to drive through a red traffic light at the direction of a traffic controller;
5. if you are stopped by a traffic police officer in a place where this is prohibited.

That is, everything that is obvious to a person, but not obvious to a camera. And also cases when you sold your car, and the buyer, in violation of the law, did not re-register it in his name within 10 days.

What complaints should be sent to court?

1. Controversial situations in which the traffic police take the side of the “accuser”, when in order to make a legal decision it is necessary to consider the totality of facts confirming your case.
2. When during administrative proceedings:
   - procedural violations were committed in the case;
   — incorrect application of the law;
   — unlawful actions were committed by employees of the State Traffic Inspectorate.

Complaints against decisions on administrative offenses in the field of road traffic are sent to the court at the district (city) level and are not subject to state duty.

Judicial practice (examples when the courts sided with drivers)

1. Appeal of a violation due to the fact that the driver was not the owner (organization), but another person (driver) - the complaint was satisfied (Decision in case 12-378/2016);
2. Appeal against speeding, due to the fact that the car was not in the possession of the owner (spouse), but of another person (spouse) - the complaint was satisfied (Decision in case 12-394/2016);
3. Appeal against deprivation of the right to drive for leaving the scene of an accident - the complaint was left unsatisfied (Decision in case 12-88/2016);
4. Appeal against the decision for driving while intoxicated - the complaint was satisfied (Decision in case 12-289/2016);
5. Appeal of the decision in connection with a violation of the right to defense - the complaint was satisfied (Decision in case 12-403/2016);
6. Reinstatement of the appeal period - the complaint is satisfied (Decision in case 12-305/2016);

Samples of complaints against decisions

• sold the car, but fines come to me (download);
• traffic police officers committed violations of the procedure for bringing to justice (download);
• I received a fine, but it’s not my car in the photo - the camera mistakenly read the state license. car number (download);
• paid for parking, and was issued a fine - appealing the fine of the State Property Committee of the State Property Committee (download);
• parked the car under a sign indicating the expiration date of the sign (download);

Online appeal

Appeals to AMPP (Moscow Parking)
On this page you can send a complaint (appeal) to the State Public Institution "AMPP" regarding regulations for violations of the procedure for paying for parking in Moscow . The numbers of decisions that can be appealed here begin with 780 or 03554310 .

State Public Institution “Administrator of the Moscow Parking Space” (AMPP)
Actual address:
Moscow, st. Staraya Basmannaya, building 20, building 1 (metro: Baumanskaya, Krasnye Vorota, Kurskaya ring)

Phones:
+7 (495) 539-54-54 - Unified contact center
3210 - Short number of the Moscow Transport contact center, for calls from mobile phones (Beeline, MTS, Megafon)

Appeals to MADI (Moscow Administrative Road Inspectorate)
Here you can leave an appeal about disagreement with the decision (appeal it), notify about payment of the fine, request a copy of the decision, return an erroneously paid fine. The numbers of decisions by which an appeal can be sent begin with 782 or 03560430 .

Moscow Administrative Road Inspectorate (MADI)
Actual address:
Moscow, st. Kalanchevskaya, 49 (metro: Prospekt Mira, Komsomolskaya)

Phone:
+7 (495) 540-76-56 - Single multi-channel number

Appeals to the State Traffic Safety Inspectorate (State Traffic Inspectorate)
ATTENTION: it is not possible to appeal the decisions of the State Traffic Safety Inspectorate through the online application form. Appeals received by the traffic police through this form are considered in accordance with the Federal Law of May 2, 2006 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” The period for consideration of such requests is 1 month.

To appeal decisions, you must submit a written application to the territorial traffic police department.
The numbers of traffic police regulations start with 188 .

Need help filing a complaint?

Contact our specialists in the “Traffic Lawyer” section through the “order a document” or “ask a question” form. We will promptly consider your question and prepare a complaint against the decision to the court or the traffic police.

To appeal fines in a timely manner, you need to know about them. Subscribe to notifications about new fines (STSI, MADI, AMPP) on the Online State Traffic Safety Inspectorate, pay them on time or appeal them.

Article published date: September 29, 2016
Last modified: July 13, 2018

The procedure for appealing a decision on an administrative offense of the State Traffic Safety Inspectorate

How to appeal a traffic police decision on an administrative offense? Deadlines, procedure and sample documents.

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The procedure for appealing a decision on an administrative offense of the State Traffic Safety Inspectorate

A decree is a document that imposes a specific punishment on the driver for violating traffic rules. The inspector can draw it up only in some simple cases. If the driver faces a warning or a fine, and if the driver does not challenge the existence of an administrative offense and (or) the administrative punishment imposed on him. Often the decision is issued by an automatic traffic police camera. Anything more serious, related to the revocation of a license, arrest or drinking while driving, is considered only by the court, and a protocol is drawn up on the spot on the alleged circumstances of the violation.

If the inspector draws up a resolution, this means that he examined the case on the spot without drawing up a protocol and assigns a punishment to the driver on the spot.

If the driver does not agree with the circumstances of the offense charged to him, only a protocol is drawn up, and a decision on the case will be made by the traffic police or at a court hearing. The driver has the right to specify the date of consideration of his case.

Traffic violators are given 10 days to appeal the decision. Only the person against whom a decision on an administrative offense by the traffic police has been issued can appeal the protocol.

Step-by-step instructions for appealing a traffic police decision

Step 1: Select the authority to which the complaint is filed. This could be the higher authorities of the traffic police or the courts.

Step 2: Prepare the text of the complaint.

The text of the complaint against decisions on an administrative offense must contain:

1. Name of the court (position of the person) authorized to consider the complaint;
2. Information about the applicant of the complaint (full name, address, telephone);
3. Information about victims (if available);
4. Name of the authority (court) that issued the decision;
5. The operative part of the decision (the punishment imposed);
6. Circumstances with which you do not agree;
7. The rules of law to which you refer;
8. Applications;
9. Date of filing and signature of the applicant.

The complaint must contain the maximum number of copies of the documents you refer to, witness statements, examination materials and street plans. The higher the level of elaboration, the greater the chance of satisfying the complaint.

Step 3: Filing a complaint

You can submit a complaint:

A) To a senior traffic police official

B) To a senior traffic police official through the person who issued the resolution

B) To the district court at the place of consideration of the case;

The complaint can be sent in person or by registered mail. In the second case, the filing date will be considered the date indicated on the postage stamp.

Step 4: Wait for the outcome of the complaint review

A complaint cannot be left without consideration - this is the law. There will be a reaction in any case. A positive outcome depends on your scrupulousness in selecting documents and witness testimony.

In the most unacceptable case for the complainant, the decision on the administrative case of the traffic police will be left unchanged, and the complaint will not be satisfied. In a positive scenario, the decision will be canceled and the case will be dropped.

Appealing a protocol or decision?

The first and main thing the reader needs to know about the traffic police protocol is that it is impossible to appeal it. This is due to the substitution of concepts in the minds of motorists. The decision is appealed in the courts and the traffic police - that is, a specific decision on punishment made on the basis of the protocol. The protocol is just a formal technical paper that sets out the circumstances of the commission of the alleged offense.

Let's analyze the situation in detail. Having stopped a car on the road, a traffic police officer is authorized to draw up both a protocol and a resolution against the driver.

A protocol on an administrative offense is a document in which the inspector records the circumstances of a traffic violation. The protocol then serves as evidence of the driver's guilt. But when the protocol is drawn up, the driver has not yet been punished, but the protocol simply records the fact of the offense. This is somewhat reminiscent of the situation with investigative actions and identification of suspects in criminal trials.

As part of the consideration of the case on the merits in the traffic police or in court, the driver has the right to point out shortcomings in the protocol.

How to appeal a traffic police administrative violation report ? No way, since the protocol itself is neutral and does not accuse the driver of anything. Court decisions or decisions of the traffic police inspector containing the accusatory part are appealed.

A complaint about the traffic police protocol in itself is also not viable. If a motorist does not agree with the actions of a traffic police officer, it makes sense to complain about him. A number of legal mechanisms are provided for this.

The driver has the right to file a corresponding complaint with higher authorities. A copy can always be sent to the prosecutor's office or the Internal Security Service, depending on the subject of the complaint. In some cases, it is worth contacting the judicial authorities directly.

The complaint must be concise, succinct and contain references to the relevant legal documents. Such texts command respect and are most often taken seriously.

Thus, to the question “is it possible to appeal the traffic police protocol?” We confidently answer - no! The actions of a traffic police officer or a fine issued on the basis of a protocol are subject to appeal.

The protocol cannot be appealed. This document only describes the situation as the traffic police officer sees it. Only a decision on an administrative offense and a court decision are subject to appeal .

How to appeal a decision?

The process of appealing a decision is discussed in detail in the first part of this article. The process of appealing a ruling is quite complex and requires a lot of time and effort. Most drivers, having become familiar with the stages of appeal, gritted their teeth and paid even a guaranteed unfair fine. However, there may be situations when you won’t be able to get rid of the problem with a little money. In this case, you will have to resort to an appeal.

1. Select a structure for filing a complaint (traffic police, traffic camera operator, courts)

2. Compose as detailed a complaint as possible containing the mandatory points from the first part of this article

3. Serve the complaint or send it by mail

4. Wait for the review and familiarize yourself with the decision.

Contacting the traffic police

If you appeal an administrative decision, you can appeal either to the traffic police or to court. Both methods are legal and logins, but there is a greater chance of success in the case of going to court.

Going to court

You can go to court immediately after receiving a decision that is perceived as unlawful. The application is submitted to the judicial authority at the place where the offense was committed.

Deadlines for appeal

The deadlines for appealing decisions of administrative offenses are discussed in Article 30.3 of the Code of Administrative Offenses of the Russian Federation - “Term for appealing a decision in a case of an administrative offense.”

• A complaint against the decision must be filed within 10 days.
• If the ten-day deadline for filing a complaint is violated for valid reasons, this deadline can be restored through the court.

Sample documents

Sample complaint against a decision in a case of an administrative offense

To court

(full name, address of the applicant)

COMPLAINT

on a decision in a case of an administrative offense

(indicate the name of the body, official)

from "_____"____________________20___ I have been subject to administrative punishment

(specify type of punishment)

under Art._____________ Code of the Russian Federation on Administrative Offenses - for the fact that

(indicate the essence of the administrative offense)

I consider bringing to administrative responsibility (imposed punishment) unlawful, since _____________________________________

Based on the above, guided by Article 30.1 of the Code of the Russian Federation on Administrative Offences,

I beg:

Cancel (change) the resolution_____________________________________________

(indicate the name of the body, official)

Appendix : 1.Copy of the resolution.

2.Evidence presented to support the arguments of the complaint.