The unlawfulness of the application of penalties should be proved by filing a complaint with a court or other state bodies. In this case, it will be necessary to provide evidence of the absence of an offense event or significant violations committed in the process of bringing to responsibility.
It is quite possible to prove the illegality of the application of penalties, but often citizens do not know which authorities to file complaints with, how to justify their own position. In any case of bringing to administrative responsibility, there are two bodies to which a complaint can be sent. The first is the court, and the second is the higher authority (in relation to the official who imposed the fine). The most effective is a judicial appeal, since it is in the court that the applicant's chances of canceling the order to bring to the said responsibility are increased, guided by procedural and other grounds.
What the complaint should contain
A complaint against a decision that imposed a fine must contain not only the necessary details, but also specific arguments, evidence on the basis of which the punishment can be canceled. You should not count on an independent search for such evidence by a judge or other official, since it is the potential culprit who must prove his case. Usually, evidence is used that is directly related to the violation itself, as well as various procedural violations, which are often committed by employees of state bodies at the stage of bringing to justice. That is why the right to appeal should not be waived, even if there is a misconduct. For example, in the absence of evidence confirming the notification of the person about the time, place of consideration of the case of an offense, the corresponding decision is subject to unconditional cancellation on procedural grounds.
Compliance with procedural features
When filing a complaint, it is important to be aware of some procedural features that the applicant must comply with. In particular, when appealing decisions on bringing to administrative responsibility, the state fee does not need to be paid, which additionally indicates the need to use this chance to avoid punishment. Nevertheless, the applicant must comply with the deadline for filing a complaint, since in most cases a person subject to an administrative penalty is given only ten days. After the expiration of this period, the resolution comes into force, the term for its voluntary execution begins. If the deadline for appeal is missed, then there is no practical chance of canceling the fine.
