Form of complaint against a decision on an administrative offense

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Complaint against a decision on an administrative offense

Sample complaint against a decision on an administrative offense

According to Part 1 of Art. 30.3 of the Code of Administrative Offenses of the Russian Federation, a complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the decision. On the possibility of restoring a missed deadline, see the article “Reinstating the deadline for appealing a decision in a case of an administrative offense.”

In accordance with Part 1 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation, a complaint can be submitted either to a judge, to a body, to an official who made a decision on the case, or directly to a court, a higher body, or a higher official authorized to consider it (Part 3 Article 30.2).

There is no need to pay a state fee when filing a complaint.

In ... district court of ...

Applicant: ... (full name)
Place of residence: ... Tel: ...

Representative of the applicant: ... (full name)
Place of residence: ... Tel: ...

Interested person: ... (name, full name of the official)
Address ..., tel: ...

Complaint
against a decision on an administrative offense

By resolution __________ ( specify the official who issued the resolution ) N... dated “__”______ ___ the applicant was brought to administrative liability under Art. ___ Code of the Russian Federation on Administrative Offenses for ____________ ( indicate the grounds for imposing an administrative penalty, for example, “for violation of the rules...”, “for violation of the requirements...”, etc. ) with the imposition of an administrative penalty in the form of ________ (for example, a fine, arrest etc.).

The applicant considers Resolution No. ... dated “__”________ ___ year illegal for the following reasons: __________ (state the circumstances and evidence).

Based on the above and guided by Art. Art. 30.1 - 30.3, 30.7 of the Code of the Russian Federation on Administrative Offenses, I ask:

cancel the resolution dated “___”_________ ___ year N ___ and terminate the proceedings due to _________ (the presence of at least one of the circumstances provided for in Articles 2.9 of the Code of Administrative Offenses of the Russian Federation (“insignificant”), 24.5 of the Code of Administrative Offenses of the Russian Federation:

1) absence of an administrative offense event;
2) the absence of an administrative offense, including the fact that at the time of committing the unlawful action (inaction) the individual did not reach the age provided for by this Code for bringing to administrative responsibility or the insanity of the individual who committed the unlawful action (inaction);
3) actions of a person in a state of emergency;
4) issuing an act of amnesty, if such an act eliminates the application of administrative punishment;
5) repeal of the law establishing administrative liability;
6) expiration of the statute of limitations for bringing to administrative responsibility;
7) the presence, for the same fact of commission of illegal actions (inaction) by a person in respect of whom proceedings in a case of an administrative offense are being conducted, of a resolution to impose an administrative penalty, or a resolution to terminate proceedings in a case of an administrative offense, provided for in the same article or the same part of an article of this Code or a law of a constituent entity of the Russian Federation, or a resolution to initiate a criminal case;

- as well as the lack of proof of the circumstances on the basis of which the decision was made).

Cancel the resolution dated “__”________ ___ year N __ and return the case for a new consideration to ________ ( specify the authorized body, official ) due to a significant violation of the procedural requirements provided for by articles _______ Code of the Russian Federation on Administrative Offenses, which did not allow comprehensive, complete and consider the case objectively.

Cancel the decision dated “__”_______ ___ year N __ and send the case for consideration under the jurisdiction of ________ ( indicate the body or official competent to consider the case ) in view of the decision being made by an unauthorized body (official).

1. Resolution on administrative offense No. ... dated “__”________ ___;
2. Evidence confirming the illegality of resolution No. __;
3. Copies of the complaint and documents attached to it to the interested party;
4. Power of attorney of the representative dated “__”_____ ___ year N... (if the complaint is signed by the applicant’s representative);
5. Other documents confirming the circumstances on which the applicant bases his claims.

“___”_________ ___ year Signature of the applicant (representative): _______________/full name/

See other examples of complaints against administrative violation decisions:

Complaint against the decision of the magistrate in a case of an administrative offense, sample;
Complaint against a decision in a case of an administrative offense under Art. 12.24 of the Code of Administrative Offenses of the Russian Federation (the decision to bring to administrative liability in the form of deprivation of the right to drive a vehicle, issued by the district court, is being appealed in the regional court);
Complaint against the decision of the magistrate in an administrative case (Article 12.26 of the Code of Administrative Offenses of the Russian Federation);
Complaint against the magistrate’s decision on bringing to administrative liability under Article 12.26 of the Code of Administrative Offenses of the Russian Federation (refusal to undergo a medical examination)
Complaint against the decision of the magistrate to bring to administrative liability under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation (driving into oncoming traffic);
Complaint against a decision on an administrative offense (clause 9.10 of the Traffic Regulations - did not maintain the required lateral interval to ensure traffic safety).

All documents to the court (procedural documents):

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

Complaint against a decision in an administrative offense case: 4 points that should not exist + 5 main points when drawing it up + 3 options for a sample complaint + what papers need to be attached + 4 possible outcomes of the case.

The Code of Administrative Offenses (CAO) establishes penalties for the offense. “Retribution” is chosen in accordance with legal norms. Penalties of this type are imposed by state executive bodies on the basis of a specific resolution. As a rule, penalties are determined according to guilt.

The country's legislation allows an appeal against such a decision. Thus, a complaint against a decision in a case of an administrative offense is drawn up if a person has complaints about the amount of the penalty or simply about the very fact of creating this complaint.

When is an administrative offense issued?

To know how and what to challenge, it is worth understanding what an administrative violation is.

The signs of such an offense are illegal acts.

Such acts may include:

violation of public and labor order,
traffic violation,
copyright infringement,
theft,
invasion of private property.

Thus, persons who have committed an administrative offense are subject to administrative punishment. Such a person is subject to reprisals. This can be either warnings or penalties, confiscation, or arrest.

In general, the punishment for an offense of this type may be as follows:

Warning.
Financial penalties (fine).
Confiscation of the instrument with which the violation was committed.
Confiscation.
Deprivation of a certain right.
Work (correctional, public).
Arrest.

Process of appealing a decision

A person who has received a decision to collect a fine in a case of an administrative violation has the right to appeal such a decision.

To do this, you need to go to the court that is considering the case on this issue.
Also, this issue is dealt with by the supervisory authority and the highest court. This is stated in the Law of the Code of Administrative Offenses of the Russian Federation No. 195 Federal Law, Art. 30.2 https://www.consultant.ru/document/cons_doc_LAW_34661

According to the law, the following persons have the right to challenge a verdict in an administrative violation case:

the party that suffered;
the person to whom the penalty was sentenced;
participant in the process of an administrative offense;
protection of the parties.

Both the applicant himself and his authorized representative can engage in the process of appealing and drawing up an appeal. In this case, you must provide a notarized power of attorney.

An appeal will be considered only if it is legally correctly drawn up and submitted within the established time frame. A complaint against a decision in an administrative offense case may be filed within 10 days after the verdict is determined .

This fact is stated in the legislation - Code of Administrative Offenses of the Russian Federation No. 195 Federal Law, Art. 30.3 https://www.consultant.ru/document/cons_doc_LAW_34661/9ae21ddd95d2541114102cce9c9
2efe6fc637266

You can register an application for the initial verdict before it comes into force. If the period for filing a petition has been missed, but significant claims to the decision remain, it is possible to appeal to the Supreme Court within 3 months.

Filing a petition to review the sentence, if necessary, is of paramount importance. Incorrect preparation or indication of the addressee is a reason for the application to be returned without consideration. This may result in a missed deadline for filing an application to challenge the punishment.

In some cases, it is advisable to file a complaint against a decision on an administrative violation to several institutions at the same time (court, supervisory authority, prosecutor's office). The main thing is to do this quickly, as soon as possible.

If the application is submitted untimely, it is extremely difficult to return the missed deadlines. This can only be done through the court, and you need a compelling reason for missing the appeal period.

Facts indicating a significant reason for omission may include the following documents:

Certificate, sick leave.
Death certificate of a relative.
Certificate confirming the applicant’s absence from the country due to reasonable circumstances.

How to file an appeal against a decision?

First of all, the following points are unacceptable when drawing up an application to appeal a punishment:

Errors in spelling, grammar, style.
Incorrect interpretation of the Code of Administrative Offences.
Unreasonable demands.
Unfounded claims against the proposed resolution.

The presence of such errors is a reason for returning the act.
To submit an application, you should contact a specialist - a notary or lawyer who protects the interests of one or another party.

A standard complaint against a violation decision must contain the following information:

The name of the service where the complaint is being sent.
Personal information of the applicant, including telephone number, place of residence.
A brief statement of disagreement, reasons for appeal, with references to the laws that were violated.
Applicant's requirements, documentary justification.
Date of application, signature of the applicant.

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

Depending on the specific situation, the text of the complaint will change, but the main points remain:

Further, there are several options for petition.

The attachments to the complaint are formatted as follows:

Package of necessary documents for filing an appeal

In addition to the text of the appeal itself, other documentation is also required.

So that the case is considered, the following documents are provided:

Statement of claim.
Protocol (its copy).
Resolution (its copy).

It is important that when providing copies of any evidence, the data completely matches those indicated in the original.

The sentencing protocol is as follows:

Principles for filing an appeal

The text of the appeal indicates the main reason for the disagreement without general information about the verdict itself. The application must be accompanied by all available documents indicating the validity of the complaint.

You should not start the appeal process unless there is a compelling reason to do so. After all, unfounded claims and falsification of data can give the opposite, opposite result. The court may decide to aggravate the initial punishment or strengthen the sentence in an administrative offense case.

When drawing up a complaint, it is important to be based on the legislation of the Russian Federation. Superficial phrases, demands and judgments are unacceptable.

It is worth noting that the applicant can appeal either the entire sentence or a separate part of it. In addition, a person has the right to demand moral compensation for an incorrect sentencing

The complaint is considered within 10 working days by higher authorities. The review period can be extended to 30 working days in the event of an inspection by the prosecutor's office.

Appealing decisions on administrative violations.

Who has the right to appeal? Deadline for filing a complaint.

What result can a complaint against a decision in a case of an administrative offense have?

There are several options for how the consideration of a complaint against an administrative penalty may end.

Thus, the court can determine the following sentences:

Complete cancellation of the original decision – full satisfaction of the applicant’s requirements.
Sending documents for reconsideration of the verdict, additional investigation.
Confirmation of the initial verdict – denial of the applicant’s claims.
Amendments to the sentence, partial satisfaction of the applicant's demands.

All of them are described in the Code of Administrative Offenses of the Russian Federation No. 195 Federal Law, Art. 30.7 https://www.consultant.ru/document/cons_doc_LAW_34661/772d9a1da3b29166c8d08499cc4
d16ef4d5269f4

A correctly drawn up complaint against a decision in a case of an administrative offense is a prerequisite for its consideration. Otherwise, the appeal will not be accepted, and you will not be able to protect your rights.

Sample complaint against a decision on an administrative violation

In ... district court of ...

Applicant: ... (full name)
Place of residence: ... Tel: ...

Representative of the applicant: ... (full name)
Place of residence: ... Tel: ...

Interested person: ... (name, full name)
Address ..., tel: ...

Complaint
against a decision on an administrative offense

By resolution... (specify the official who issued the resolution) N... dated "__"______ ___ the applicant was brought to administrative liability under Art. ___ Code of the Russian Federation on Administrative Offenses for... (indicate the grounds for imposing an administrative penalty, for example, “for violation of the rules...”, “for violation of the requirements...”, etc.) in the form of a fine, arrest, etc.

The applicant considers Resolution No. ... dated "__"________ ___ year illegal for the following reasons: ... (state the circumstances and evidence).

Based on the above and guided by Art. Art. 30.1 - 30.3, 30.7 Code of the Russian Federation on Administrative Offenses, Art. Art. 254 - 257 of the Civil Procedure Code of the Russian Federation,

ASK:

to cancel the resolution dated “___”_________ ___ year N ... and terminate the proceedings due to ... (the presence of at least one of the circumstances provided for in Articles 2.9 of the Code of Administrative Offenses of the Russian Federation (“insignificant”), 24.5 of the Code of the Russian Federation on Administrative Offenses:

absence of an administrative offense event;
the absence of an administrative offense, including the fact that at the time of committing the unlawful action (inaction) the individual did not reach the age provided for by this Code for bringing to administrative responsibility or the insanity of the individual who committed the unlawful action (inaction);

actions of a person in a state of emergency;
issuing an act of amnesty, if such an act eliminates the application of administrative punishment;

repeal of the law establishing administrative liability;

expiration of the statute of limitations for bringing to administrative responsibility;

the presence, for the same fact of commission of illegal actions (inaction) by a person in respect of whom proceedings in a case of an administrative offense are being conducted, a resolution on the imposition of an administrative penalty, or a resolution on the termination of proceedings in a case of an administrative offense, provided for in the same article or the same part of an article of this Code or a law of a constituent entity of the Russian Federation, or a resolution to initiate a criminal case;

- as well as the lack of proof of the circumstances on the basis of which the decision was made).

Cancel the resolution dated “__”________ ___ year N ... and return the case for a new consideration in ... (specify the competent body, official) due to a significant violation of the procedural requirements provided for by articles _______ Code of the Russian Federation on Administrative Offenses, which did not allow comprehensive, complete and consider the case objectively.

Cancel the decision dated “__”_______ ___ year N ... and send the case for consideration under the jurisdiction of ... (indicate the body or official competent to consider the case) due to the decision being made by an unauthorized body (official).

Applications:

Resolution on administrative offense No. ... dated “__”________ ___;

Evidence confirming the illegality of resolution No....;

Copies of the complaint and documents attached to it to the interested party;

Power of attorney of the representative dated “__”_____ ___ year N... (if the complaint is signed by the applicant’s representative);

Other documents confirming the circumstances on which the applicant bases his claims.

“___”_________ ___ year Signature of the applicant (representative): _______________/full name/

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Sample document

Important: when contacting the relevant authority with this document, do not neglect the help of professional lawyers.

This sample sample was prepared for you by specialists from the Pravo Lex company, who are ready not only to draw up a statement of claim, complaint and other document taking into account your specific situation, but also to give you legal advice regarding the procedure for filing the document and the line of action in court, as well as provide protection of your legitimate interests when considering a claim or complaint.

How to file a complaint to the court against a decision on an administrative offense

Administrative offenses are a very broad group of unlawful acts. A citizen can be held accountable only in those cases specified in the Code of Administrative Offenses of the Russian Federation. At the same time, such illegal actions as violating the silence regime, smoking in public places or petty hooliganism do not entail a criminal record. As a rule, persons who commit such violations are punished with a warning, fine, deprivation of rights and other sanctions.

Situations often arise when the accused does not agree with the fine imposed on him. Especially for such cases, the legislation provides for the procedure for appealing an administrative violation decision. In this article we will tell you how to challenge an unlawful punishment in court, as well as how to draw up a corresponding complaint and where to file it.

Grounds for complaint

Decisions of officials of many regulatory bodies can be appealed both in court and pre-trial. First of all, it is worth noting that the period for filing a complaint is strictly limited and is 10 days from the date of signing the act . Otherwise, if this deadline is missed, it is not easy to restore it. To do this, you will have to attach a petition for its restoration to the complaint. It is important to understand that restoration of this period is possible only if there are valid reasons, for example, illness or business trip.

Every violator has the right to appeal against illegal actions and acts, but there must be compelling reasons for this. In judicial practice, these reasons include:

Lack of corpus delicti;
Incapacity of the accused person;
Action in a state of emergency;
Repeal of the law establishing administrative liability;
Issuance of an amnesty act for a specific case;
Expiration of the statute of limitations of administrative liability;
Incomplete clarification of essential circumstances for making a decision.

Appeal procedure

As mentioned above, you can appeal a decision in several instances at once. This means that the complaint can be submitted to a higher authority or person authorized to consider such complaints. In addition, you can immediately, without attempting to resolve the situation peacefully, go to court. However, keep in mind that filing a legal complaint is a labor-intensive, but at the same time the most effective way to assert your rights. Regardless of which authority you personally choose to contact, we recommend following the following procedure:

Obtain a decree regarding the violation;
Determine the body authorized to consider your complaint;
Make a written complaint;
File a complaint with a superior;
Contact the district court;
Wait for the results of the complaint review.

When choosing an authority to appeal, determine who issued the decision to you. If the report was drawn up by an authorized person at the scene of the offense, you can contact his supervisor. But when appealing a court decision, it makes sense to appeal to a higher judicial authority. Please note that in all these cases, payment of a state fee for filing a complaint is not required. The application must be accompanied by a copy of the decision and other documents that served as the basis for going to court. Do not forget to file the complaint itself, and also issue a power of attorney for your representative.

Structure and sample application

If you decide to complain to the court, keep in mind that a legally competent complaint will greatly simplify the procedure for its consideration. In most cases, filing such an appeal is not at all difficult. You can entrust this matter to a professional lawyer or draw up a claim yourself - you only need to comply with a few requirements. So, a complaint against a decision on an administrative offense must contain the following points:

Information about the applicant and interested person. The full name, residential address and telephone number of the participants in the case must be indicated here;
Court data. In the header of the document is the name of the court, its location, as well as the full name of the judge;
Title. This document should be called “Complaint against a decision on an administrative violation”;
Descriptive part. In the body of the complaint, state the essence of your claim. Describe the offense itself and indicate the punishment that followed the issuance of the order. Immediately after this, indicate the number of the act and note the reasons why you consider it illegal;
Legal requirements. Here you can indicate the cancellation of the decision, as well as the termination of proceedings in your case or its revision. In addition, you have the right to refer the case within the jurisdiction to another authorized body;
List of applications. List all the documents that are attached to your complaint and, if possible, indicate their details;
Date of application and signature of the applicant.

When drawing up a complaint against a decision in a case of an administrative offense, be guided by Articles 30.1, 30.2, 30.3 and 30.7 of the Code of Administrative Offenses of the Russian Federation . You can submit the application in person or entrust the matter to your representative, but please note that you will need a special power of attorney for this. In addition, the application can be sent by registered mail with acknowledgment of receipt. In this case, the period for consideration of the complaint will be calculated from the date indicated on the postal stamp.

Terms of consideration

The court considers such applications for a relatively short time. So, to make a final decision, he will need 10-14 days , depending on the complexity of your case. Based on the results of consideration of the claim, the court makes a decision - to satisfy it or reject it. If you are faced with a refusal, you have the right to appeal it to a higher court within 10 days of receiving the official notification. But you should hope for the most successful outcome of events only if you are sure that you have correctly stated all the requirements and have referred to all the necessary legal norms.

Criminal lawyer. Experience in this direction since 2006.

Complaint against a decision in a case of an administrative offense

The company was held accountable by decision of a regulatory authority or court. How to prepare a complaint against a decision in a case of an administrative offense.

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Samples of complaints against a decision on an administrative offense

If violations are discovered in the company’s activities, it will be held administratively liable: fined or other measures taken. Depending on the specific composition, this will be done by the controlling agency or court (Chapter 23 of the Code of Administrative Offenses of the Russian Federation). If the company does not agree, it:

files a complaint against the decision in the case of an administrative offense;
submits an application to the appellate court.

Use sample complaints to challenge administrative violation decisions.

Sample complaint against a decision to impose an administrative penalty

Sample complaint to the court against a decision on an administrative offense

Read articles on the topic in the magazine "Company Lawyer"

Complaint against a decision on an administrative offense: what to consider when preparing and filing

The company plans to challenge the administrative measures. This is done in accordance with the norms of Chapter. 30 Code of Administrative Offenses of the Russian Federation. The company itself, represented by its representatives, as well as an official if he has been held personally liable (Article 30.1 of the Code of Administrative Offenses of the Russian Federation) have the right to appeal the decision. In addition, the Commissioner under the President of the Russian Federation for the Protection of the Rights of Entrepreneurs can take part in protecting the interests of the company (Article 25.5.1 of the Code of Administrative Offenses of the Russian Federation).

To whom to address a complaint against a decision in a case of an administrative offense depends on who made the decision or decision.

42 useful documents for a company lawyer

The decision was made by the administrative body

After an administrative body has issued a decision to prosecute, a person has the right to challenge it in court or to a higher administrative body:

The decision to hold an organization or entrepreneur liable must be appealed in an arbitration court according to the rules of paragraph 2 of Chapter 25 of the APC (Part 3 of Article 30.1 of the Administrative Code).
The decision to hold an official accountable must be appealed in a court of general jurisdiction in accordance with Chapter 30 of the Code of Administrative Offences.

The administrative authority or prosecutor went to court to bring the offender to justice

When an administrative body does not hold itself accountable, but goes to court for this purpose, the company does not need to independently challenge the decision. It is necessary to prepare objections to the application of the administrative body and appear in court by the time indicated in the notice of the time and place of the court hearing.

If the court has already made a decision and brought the person to justice, then you need to appeal the decision to a higher authority. In this case, they do not file a complaint with the court against the decision on an administrative offense. They are preparing a statement demanding that the decision be reversed.

More documents on the topic:

How to prepare a complaint against a decision on an administrative offense

The law does not provide a special form for a complaint against a decision on an administrative violation. The appeal is drawn up according to the general principles for procedural documents, in free form. Enter the following information into the text:

About the addressee. If this is an official or government agency, indicate the person’s full name, name and address of the department. If you are sending a complaint to the court, the name and address of the court. Check which court the document should be filed in - an arbitration court or a court of general jurisdiction.
About the applicant. This is done in the introductory part of the complaint against the decision in the case of an administrative offense. If this is an official, you must note his full name, passport details, and position. If a company, the name and details of the company, as well as the full name of the general director. In both cases, write the address of the applicant’s location to which the court or government agency will send correspondence.
About the person or court whose decision you want to appeal. Indicate which authority, official, or court issued the ruling. The details of the document against which the applicant is filing a complaint are also written here.

Fill out the main part of the complaint:

Title the document appropriately. Usually they write “complaint against a resolution...”, “complaint against a resolution regarding an administrative offense...”, etc.
List the circumstances. Which department or court issued the decision, why the violation was discovered, and what standards they justified. What is the administrative penalty? State your request: declare the decision illegal and cancel it. Give reasons why this authority should not have made such a decision. Make references to the relevant legal provisions.

At the end of the document, provide a list of attachments to the complaint. This list includes a copy of the resolution and the representative’s power of attorney if the representative is acting on behalf of the company. Also in this part of the document the signatures of the responsible persons and the date of preparation are required. You need to have time to file a complaint against a decision in a case of an administrative offense within the period specified in the law. The general period is 10 days from the date of receipt of a copy of the decision. The law also specifies other special deadlines.