After a court ruling on an administrative offense case, a person participating in the case or a lawyer has the right to file a complaint. The document is sent to a higher judicial body or other authority in the cases specified in Article 25 of the Civil Procedure Code of the Russian Federation. A complaint must be submitted within ten days from the date of delivery of the decision on the case.
Necessary
- - The Civil Procedure Code of the Russian Federation;
- - resolution in a case of an administrative offense;
- - the passport;
- - details of the body that issued the order;
- - details of the court to which the complaint is filed;
- - requisites of the plaintiff.
Instructions
Step 1
In the "header" of the complaint, write the name of the court, the address of its location. If you appeal against a district judge's order, refer the document to the regional court. If a complaint is filed against the latter's decision, indicate the name of the republic's judicial body. In case of an appeal against the decision made by a collegial body, address the document to the district court at the place of its location. Be guided by article 25 of the Code of Civil Procedure of the Russian Federation.
Step 2
Enter your personal data, address of the place of registration. A person who has been imposed an administrative penalty, as well as a lawyer, have the right to appeal against the ruling of a court or other authorized body.
Step 3
List the name of the court or other authority you are appealing against. Enter the personal data of the plaintiff, his residence address.
Step 4
Write the name of the document in capital letters. Then indicate the number, the essence of the administrative violation case. Enter the number of the order that you are appealing, the name of the authority that made the decision on the case.
Step 5
Indicate to what administrative punishment you were brought under the decree. Write for what offense the fine was imposed.
Step 6
Write down what reasons you consider the punishment to be unreasonable. Please note that documentary evidence of your case must be attached to the complaint. Therefore, only refer to legitimate reasons.
Step 7
Write down the request to cancel or change the order in the case of an administrative offense. Indicate the details of the order and the type of penalty imposed on you.
Step 8
Write the date of the complaint, sign. Attach to the document the order you referred to above and the documentary evidence that is the basis for the appeal. File your complaint within ten days of receiving the order.
Step 9
The judge, after receiving the complaint, is obliged to notify the body that carries out the collection, and to suspend the execution of the decision. The document is attached to the case file and is considered within ten days from the date of writing the complaint.
