You were prosecuted for an administrative offense, but at the same time you believe that this action was committed unlawfully. You can protect your rights by filing a lawsuit to revoke the administrative order.
It is necessary
- - "Civil Procedure Code";
- - The Law “On Appealing Actions and Decisions of Officials”.
Instructions
Step 1
Read the chapter of the Civil Procedure Code of the Russian Federation and the "Law on Appealing Against Orders to Bring to Administrative Responsibility". All the grounds for such a procedure are indicated there. You can use two ways: administrative and judicial appeal, both methods have their advantages and disadvantages.
Step 2
If you decide to use the administrative method, then you should submit an application to a higher authority. If it was a decision issued by the Department of Internal Affairs, then, respectively, to the city Department of Internal Affairs or to the regional department. You must indicate in the application the reasons that were guided by the official who made the order to bring you to administrative responsibility, and indicate exactly how he violated the current legislation. The higher authority may satisfy your request, or may refuse. In this case, the judicial procedure for appeal remains.
Step 3
The Code of Civil Procedure contains a whole chapter devoted to appealing against the actions and decisions of officials. You will be required to submit an application in which you indicate by what decision or action your right was violated or in what exactly the law was violated when you were brought to administrative responsibility. Be brief and to the point. Use the links to specific articles of the laws, the violation of which was committed by the official.
Step 4
The court may issue an order denying you the cancellation of the decision to bring you to administrative responsibility. Do not despair. You can file a cassation appeal with a higher court. In it, indicate what evidence was not considered by the court or where the court incorrectly, in your opinion, interpreted the law. In this case, a positive outcome is possible - in your favor.
