A fine, as an administrative punishment, is imposed on the violator of the traffic rules of the Russian Federation by the issuance of a decision by the traffic police officers in the case of an administrative offense. Such a decision can be appealed in the manner prescribed by the Code of Administrative Offenses of the Russian Federation.
Instructions
Step 1
The decision of the traffic police officer on the imposition of an administrative penalty in the form of a fine is subject to appeal to a higher official or to the court (more precisely, to the district court of the city at the place of imposition of the fine). Moreover, pre-trial appeal with a complaint to the head of the traffic police body is not mandatory.
Step 2
You can file a complaint against this resolution within 10 days from the date of its issuance. This period includes both weekends and holidays. Therefore, if you did not manage to meet by 00:00 of the last day of the deadline, you will have to, along with the requirement to cancel the contested decision, ask the court or an official to restore the missed deadline. And if the reasons for the admission were valid, for example, being treated in a hospital, the complaint will be accepted for processing.
Step 3
The decision to impose a fine is appealed against in the order of Ch. 30 of the Code of Administrative Offenses of the Russian Federation. A complaint in a case of violation of traffic rules of the Russian Federation must contain the following mandatory information: - in the upper right corner, indicate the name of the court (the position of the head of the traffic police body) to which you are sending the complaint, and your data (full name and address of residence);
- below, in the title of the document, write "Complaint against the decision in the case of an administrative offense No. … from …";
- Start the main text of the complaint with where, when, by whom the decision was made, on what circumstances. Here you are setting out the facts recorded in this decision;
- then follows a statement and justification of your position on the case. You should not only write that you consider the contested decision illegal, but support your arguments with references to the law that was violated or incorrectly applied when the fine was imposed on you, as well as the evidence you have (documents, testimony of witnesses, recording from a video recorder, etc.). etc.);
- in the requesting part, separated from the main text by the phrase “on the basis of the above, please: …”, state your request addressed to the court (official). In the complaint, you can ask to cancel the decision and send the case for a new examination, cancel the decision and terminate the proceedings, etc. (see article 30.7 of the Administrative Code of the Russian Federation);
- finally, the complaint must contain a list of documents attached to it.
Step 4
You can file a complaint directly with the court or a higher official, or through the person who made the complaint. If you choose the second option, the complaint will be assigned to consideration faster, since it will be sent to the court (official) with all the materials, and there will be no need to make additional inquiries. A complaint is being considered against the decision to impose a fine, issued by the traffic police, within 10 days from the date of admission to the court (to a higher official).
