Appealing a decision on an administrative offense of the State Traffic Safety Inspectorate

I share information on how to properly appeal a traffic police decision

It happens that people come to me with a question about how to appeal a traffic police decision. I decided to share this information on my blog. So let's get started.

Drawing up a protocol on an administrative offense and issuing a resolution are the final stages of the proceedings in an accident case. In this case, a decision in a case of an administrative offense is made against a person who has committed violations of traffic rules.

As practice shows, not everyone knows how to appeal a protocol, and that appealing a decision on an administrative offense is one of the guaranteed rights of a citizen. Below I will tell you about the rules for filing a complaint and how to submit it correctly.

Appealing the traffic police decision

Code of Administrative Offenses of the Russian Federation in Art. 30.1 provides citizens with the opportunity to challenge decisions made in connection with the commission of an administrative offense.

Article 30.1. 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 this Code:

1) rendered by a judge - to a higher court;

2) issued by a collegial body - to the district court at the location of the collegial body;

3) issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;

4) 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 this 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.

3. The resolution in a case of an administrative offense related to the implementation of entrepreneurial or other economic activities by a legal entity or a person carrying out entrepreneurial activities without forming a legal entity is appealed to the arbitration court in accordance with arbitration procedural legislation.

4. A ruling to refuse to initiate a case regarding an administrative offense is appealed in accordance with the rules established by this chapter.

In the norms of Art. 244 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 regulates the right of individuals and legal entities to appeal decisions of state bodies in pre-trial proceedings.

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?

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.
Title of the document.
Complaint against a decision in a case of an administrative offense.
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.
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.
Application.
List the documents attached to the complaint, indicate the number of sheets in the documents.
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:

The decision made is unfounded, and the offense has not been proven.
The conclusions indicated in the resolution do not correspond to the real circumstances of the incident.
Incorrect application of the law (misinterpretation).
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?

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;
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;
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.);
if you were forced to drive through a red traffic light at the direction of a traffic controller;
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?

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.
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)

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);
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);
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);
Appeal against the decision for driving while intoxicated - the complaint was satisfied (Decision in case 12-289/2016);
Appeal of the decision in connection with a violation of the right to defense - the complaint was satisfied (Decision in case 12-403/2016);
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:

Name of the court (position of the person) authorized to consider the complaint;
Information about the applicant of the complaint (full name, address, telephone);
Information about victims (if available);
Name of the authority (court) that issued the decision;
The operative part of the decision (the punishment imposed);
Circumstances with which you do not agree;
The rules of law to which you refer;
Applications;
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.

Appealing a decision on an administrative offense of the State Traffic Safety Inspectorate

The procedure for appealing and canceling a traffic police decision

Every day, tens of thousands of violations of the Road Traffic Rules are detected on the country's roads, each of which is formalized by employees of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia in the form of a resolution. The current Code of Administrative Offenses - KRF on Administrative Offences, determines the circle of persons who have the right to appeal the decision of the traffic police, the procedure for appealing the decision of the traffic police, the stages and terms of consideration of the complaint.

The content of the article:

Types of traffic police decisions subject to appeal

Any violation of the traffic rules of the Russian Federation may entail one or another type of liability. Depending on the severity of the consequences and the type of harm caused, criminal, administrative, and civil liability are divided.

For example, when a traffic accident occurred during a violation of the Russian Federation's traffic rules, which did not entail the consequences provided for in Article 264 of the Criminal Code of the Russian Federation, then a case of an administrative offense is initiated. Proceedings in such a case are carried out according to the rules provided for by the Code of Administrative Offenses of the Russian Federation.

Officials of the traffic police authorities monitor compliance with the norms and rules of the road and, if violations listed in Chapter 12 of the Code are identified, they issue decisions in the prescribed manner in cases of administrative offenses.

If a violation of traffic rules of the Russian Federation is detected, traffic police officers initiate proceedings for an administrative offense. For each of the cases initiated, they make a decision. All decisions are made in the form of a resolution, which in turn comes in two types.

Resolutions on bringing to administrative responsibility and imposing punishment in accordance with Part 1 of Clause 1 of Article 29.9 of the Code.
Resolutions to terminate proceedings in the case in the presence of circumstances precluding such proceedings, in cases provided for in Article 24.5 of the Code of Administrative Offenses or when transferring the case to the prosecutor, investigator, inquirer for making a decision on initiating a criminal case in accordance with Part 1 of Clause 2 of Article 29.9 of the Code.

With regard to the decisions specified in paragraph one, we note that such acts are appealed most often, since they contain conclusions about guilt and determine punishment.

The decisions referred to in the second paragraph of this article are not always appealable. This happens because the listed acts do not provide for punishment, however, upon careful study, they always contain language about guilt. Persons in respect of whom decisions are made to terminate the case, in most cases, due to lack of experience and legal ignorance, do not appeal such decisions within the prescribed period, which subsequently entails civil liability, non-payment of insurance compensation under OGAGO and other unfavorable consequences. consequences.

Thus, as part of the proceedings for an administrative offense, if there are grounds for appeal, any decision of the traffic police should be appealed. The procedure for appealing decisions of the traffic police is determined by Chapter 30 of the Code of the Russian Federation on Administrative Offenses.

Why is it necessary to appeal the traffic police decision?

According to the norms of the Civil Code of the Russian Federation governing issues of compensation for harm, guilt in committing unlawful actions, including violations of traffic rules of the Russian Federation, is the basis for bringing a person to civil liability. In relation to the topic under consideration, administrative penalties determined for vehicle drivers by decisions of traffic police officers, as well as other decisions containing conclusions about their violation of the rules of the Road Traffic Rules of the Russian Federation, entail civil liability.

That is, the driver of a vehicle in respect of whom a decision has been made on violation of traffic rules of the Russian Federation, consisting of a causal relationship with the event of an accident, is obliged to fully compensate for the harm (material and moral) caused to the victim.

Thus, even an essentially insignificant administrative punishment in the form of a warning or a fine can entail far-reaching adverse consequences.

In any situation, even the most harmless at first glance, when a participant in an accident brought to administrative responsibility does not agree with the violation of traffic rules of the Russian Federation imputed to him, it is necessary to appeal the decision of the traffic police. It is important to understand that what is being appealed is primarily guilt, not the type and amount of administrative punishment.

This rule also applies to the victim.

If the victim does not agree with the decision made by the traffic police officer against the guilty person, he must appeal it.

For information on how to correctly draw up and file a complaint, read the article:

The procedure for appealing a traffic police decision

The procedure for appealing a traffic police decision is defined in Chapter 30 of the Code.

The law names the persons who have the right to appeal a decision in a case of an administrative offense, establishes the procedure, time limit, procedure, grounds and procedure for appealing decisions made on a complaint against a decision in a case of an administrative offense. Violation of the appeal procedure established by law entails refusal to accept and consider the complaint on its merits.

The circle of persons - subjects of appeal is defined in Articles 25.1 - 25.5 of the Code. These include: the person against whom proceedings for an administrative offense have been initiated and his defense attorney, the victim and his representative, legal representatives of an individual or legal entity.

The powers of the defender - lawyer and representative of the victim must be formalized by the relevant documents - warrant, power of attorney.

The procedure for appealing decisions made by traffic police officers is determined by the State Traffic Safety Inspectorate: the complaint is submitted to a higher authority - the traffic police department, to a higher official - the head of the territorial division of the traffic police, or to the district court at the place of consideration of the case, paragraph (3 of part 1 of article 30.1 of the Russian Federation on the Administrative Offenses). The place of consideration of the case, as a rule, is identical to the concept of the place where the decision was made.

In the event of a simultaneous filing of a complaint with the court and a higher authority of the traffic police, the complaint will be considered by the court. The complainant is not subject to state fees, which makes the appeal process accessible and inexpensive.

If the offender or victim is “nonresident,” difficulties may arise with the addresses of the authorities to which the complaint should be filed. For this reason, the addresses and details of the organizations to which the traffic police decision is being appealed must be clarified when making (delivering) a decision on the case. Alternatively, you can determine the location of the traffic police unit of the Ministry of Internal Affairs of Russia or a federal court using any Internet search engine.

In the decision in the case of the APN, the traffic police officer of the traffic police indicates and explains orally duplicates the deadlines and procedure for appealing. The copy of the decision intended for the victim also explains the procedure and deadline for appealing it. It must be remembered that in accordance with Article 29.11 part 2 of the Code, the victim is given a copy of the traffic police resolution solely at his request.

Grounds for canceling the traffic police decision

When writing and filing a complaint, it is important to understand that the subject of the appeal is the decision itself. Moreover, if the form of the resolution does not comply with the requirements of Article 29.10 of the Code, then in a number of cases this will be sufficient to deem it illegal and subject to cancellation. Such “little things” as a discrepancy (error) in the identification data of a person, car, date and place of drawing up the document, in certain circumstances make the document defective.

Even more important conditions, the fulfillment of which is checked when considering a complaint and deciding the legality of the traffic police decision, are compliance with the rights of the person brought to administrative responsibility.

Violation of the right to defense, failure to clarify the rights and obligations provided for in Article 25.1 of the Code, Article 51 of the Constitution of the Russian Federation, is grounds for canceling the resolution.
Of course, to recognize a decision as legal, it is not enough just to formalize it correctly and comply with procedural formalities. Equally important is the proof of the fact of the violation and the correct qualification of the actions of the driver against whom proceedings were initiated in the case of APN. The guilt of a person in committing an offense and the classification of the violation must be proven by the materials of the case and correspond to its actual circumstances.

If a violation of a specific clause of the Russian Federation Traffic Regulations does not correspond to the disposition of the legal norm of the article of the Code on which the resolution was made, then, regardless of the fact of the violation, the resolution is illegal. A prerequisite for recognizing the document in question as legal is its exact compliance with the protocol on administrative traffic violations. If the administrative protocol has violations, then the decision made on its basis is illegal and subject to cancellation.

From the material we reviewed and the practical experience of the author of the article, I note that the tactics and measures for appealing the traffic police decision in each individual case under consideration are specific. There is not and cannot be universal advice that would guarantee the achievement of set goals. However, it is undeniable that the result of appealing a traffic police decision directly depends on the qualifications and level of training of the person who prepared the complaint and supported it during consideration.

If you have questions regarding the procedure for appealing a traffic police decision and the need for legal assistance, fill out the registration form to receive a free consultation.

Our lawyers will provide free consulting support on this topic.

To receive an answer to a question you are interested in, it must be placed in the “Comments” section, located at the end of each profile article. The answer to the question will follow after moderation and will be published on the website.

Appealing the traffic police decision

An appeal against a decision on an administrative offense by the traffic police can take place in a city (district) court or in the regional traffic police department. The period for consideration of a complaint by the court is 2 months, and the traffic police department takes 10 days to consider the complaint and make a decision on it. In most cases, complaints are sent to the court, since many believe that the decision they make will be more objective.

The procedure for appealing a traffic police decision

If you intend to go to court or a higher authority to appeal a decision, you must take into account the time frame for considering the complaint. According to the Administrative Code (Part 1 of Article 30.3), the period for appealing the decision is 10 days after its copy was served (received). Therefore, a complaint can be sent to the appropriate authority on any day, including a holiday.

After the appeal period has expired, it can be reinstated (Part 2 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation) if there is a good reason (being on a business trip, undergoing treatment in a medical institution).

Sometimes the time for filing a complaint is delayed despite the citizen having a representative at the time the decision is made (for example, the citizen takes sick leave). The court may refuse to restore the deadline for appealing a traffic police decision in the following cases:

if there is a copy of the representative’s power of attorney in the case of committing an administrative offense;
when it becomes clear during the consideration of an application to extend the period for filing a complaint, the fact that the attorney has received the appropriate powers within the time frame during which an appeal is possible.

To whom is the complaint sent?

According to administrative legislation (Article 30.1 of the Code of Administrative Offenses of the Russian Federation), an appeal against a decision on an administrative violation of the traffic police is possible in the following cases:

when a decision is made by a person performing his official duties (a traffic police officer) - to the boss of the employee who made the decision (a person holding a higher position), to a higher authority (For example, the traffic police of a Russian constituent entity), to a judicial authority;
when a court makes a decision - to a higher court.

The agency is not interested in the deterioration of statistics and in an objective hearing, therefore, when contacting a higher body or official, the issue of canceling the decision may not be resolved.

As a result, you will have to file a complaint with the court indicating the following information:
the name of the traffic police department or the judicial authority to the address to which the document is sent;
information about the person to whom the complaint was filed;
details of the traffic police resolution on the case and the information contained in its operative part;
the grounds of a citizen who considers the decision made by the traffic police to be illegal;
request to change or cancel a decision;
evidence (petitions, other documents) attached to the complaint.

The complaint is signed by the person who is held accountable or by the defense attorney representing his interests in court.

What should be indicated in a complaint if a citizen disagrees with a decision of the traffic police?

If a citizen disagrees with the traffic police decision, the complaint must indicate:

the groundlessness of the arguments specified in the resolution;
insufficient evidence of a violation;
conclusions that contradict real events;
incorrect interpretation of the law;
ignoring evidence of a citizen presented by him for his own protection.

Violations of rules during administrative proceedings (for example, the person was not notified of the time and place of consideration of the protocol) should be indicated in the complaint. If traffic police officers commit serious procedural violations, the court may decide to cancel the decision.

If the main purpose of the appeal of a car owner who has suffered from the illegal actions of a police officer is to reduce the amount of penalties, then when drawing up a complaint, you can indicate that in the process of making a decision, the traffic police officer did not take into account mitigating circumstances, the list of which is specified in Article 4.2 of the Administrative Code . This list is not exhaustive and other mitigating circumstances not reflected in the law may be applied to a citizen.

How to appeal the illegal actions of a traffic police officer?

If there is reason to believe that a traffic police officer is infringing on legal rights and interests, while violating the law, then his actions can be appealed by filing a claim in the district court. You can appeal not only the behavior of the inspector, but also the actions of his boss, who incorrectly responded to a complaint filed against his subordinate. You can also challenge in court the unlawful inaction of a traffic police officer who refused to present an identification document.

You can go to court within three months from the moment an individual learned about the violation of his rights, describing the circumstances that occurred in as much detail as possible in the claim and noting the presence of evidence confirming these facts.

Only after a telephone or electronic consultation with the lawyers of the Pravoved.ru service will it be possible to appeal the illegal actions of a traffic police officer correctly and without much time, thereby positively solving the problem that has arisen.