The decisions of the traffic police officers in cases of violation of the Traffic Rules of the Russian Federation are subject to appeal in the manner prescribed by Chapter. 30 of the Code of Administrative Offenses of the Russian Federation. What is the specified order?
Instructions
Step 1
The decisions of the officials of the traffic police bodies are appealed by appeal to their superior head or directly to the district court at the place of the decision. The document will be called "Complaint against the decision in the case of an administrative offense No. … from …". You can apply with such a complaint within 10 days from the date of the decision. If the complaint is not submitted within the specified time period, it can be submitted, but it is imperative to include in the complaint text a request to restore the appeal deadline and indicate the reasons for the omission. They must be respectful (illness, business trip, etc.) and documented (sick leave, travel certificate, etc.).
Step 2
The text of the complaint can be conditionally divided into several parts. First, it is necessary to indicate the details of the court or the position and name of the head to whom the complaint is sent. Usually this information is located in the upper right corner of the complaint. Here also indicate your data ("Mr. such and such, residing at the address …"). Then comes the title of the document, and then the main text.
Step 3
Second, make a reference to the contested decision (where, when, by whom, under what circumstances). Feel free to quote the decree itself. After that, justify your position on the case. You can start with the phrase "I consider this decision illegal for the following reasons …". Support your arguments with references to legislative acts, documents that you have, etc. If someone can confirm what you have stated, separately ask the court or a higher official to question them as witnesses, and so that these people can be invited to consider the complaint, indicate their contact details.
Step 4
Third, state your request to the court (official). Here you should refer to the provisions of Art. 30.7 of the Code of Administrative Offenses of the Russian Federation, containing possible solutions to your complaint. So, depending on what kind of outcome of the consideration of the case you are interested in, you ask ("on the basis of the above, please"): to cancel the decision and send the case for a new examination, cancel the decision and terminate the proceedings, etc. Fourth, draw up a list of attached documents.
