If you do not agree with the decision of the traffic police inspector, then you have every right to file a complaint. Thanks to this, you can not only get rid of unfair punishment, but also teach a lesson to a dishonest traffic cop - any complaint, especially if it is justified, is not in the best way affects the performance of the inspector. A complaint can be written simultaneously to three places: to the head of the traffic police department, where the inspector serves, to the district prosecutor's office or directly to the court. But remember - you need to do this within 10 calendar days from the moment of violation (holidays and weekends are taken into account), and at the place where the protocol was drawn up. Theoretically, it is possible to restore this period, but only good reason: illness, business trip and so on.

Complaints may be filed in person or by registered mail with acknowledgment of receipt. Filing a complaint is not subject to state duty. The complaint must be considered within 10 days from the date of receipt (paragraph 266 of the Administrative Regulations of the Ministry of Internal Affairs).

In order for you to be "removed" the punishment, you must show evidence of your innocence, report "irremovable doubts in the proof of guilt" or report serious violations in the work of the traffic police inspector. The latter, for example, include the absence of attesting witnesses (when they are needed), the drawing up of a protocol in violation of the law, the use of uncertified measuring instruments. But grammatical errors or typos in the protocol serious violation no longer apply. As strong evidence of your innocence, you can use photographs from the scene of the violation, data from the video recorder, the technical capabilities of the car (for example, if, according to the manufacturer, maximum speed vehicle is 170 km/h, this may serve as an argument in favor of the abolition of the decision, which says that the car was moving at a speed of 250 km/h).

If your complaint is upheld, an order is issued to terminate the proceedings. If not, a fine is imposed. Then you have 10 days to appeal this decision to the highest authority (and then there is a countdown of 60 days for payment).

SAMPLE COMPLAINT

To the Timiryazev interdistrict prosecutor's office of the SAO of the city of Moscow

127247, Moscow, street of the 800th anniversary of Moscow, building 4, building 1

From: Nikolaev Ivan Sergeevich,

residing at

(index), city ____________________________

st. ________________________ e. _____

Complaint (when submitting a document to the court, an Application is written)

March 12, 2014 at 5:20 pm, moving along Dmitrov highway in a dense stream of cars in the direction of the region, driving a Lada Kalina car, state registration number A 000 AA 177, was stopped by the traffic police inspector Petrov G.V.

The traffic police inspector said that I was moving at a speed of 108 km / h with a limit of 60 km / h and thus exceeded the speed limit by 48 km / h. On my request to show evidence of my guilt, the inspector refused. Also, the traffic police officer refused to present his service certificate in an open form, which is gross violation paragraph 20 of the Administrative Regulations of the Ministry of Internal Affairs of Russia.

When drawing up the protocol, the traffic police inspector refused to enter the witnesses who were with me in the car: Sidorova N.V. and Trutnev D.K. According to the traffic police inspector, the witnesses in the car are interested parties. Meanwhile, according to Article 25.6 of the Code of Administrative Offenses of the Russian Federation, “a person who may be aware of the circumstances of the case to be established may be called as a witness in a case of an administrative offense.”

I note that my car was moving in a dense stream, did not exceed the speed, did not make any sudden changes. I do not agree with the violation of traffic rules imputed to me, I consider Protocol No. 0000 illegal and unreasonable.

Reasons:

• The inspector's accusations are built solely on his words, there is no evidence base. printouts certified device speed control indicating the place and time of the violation, the number of the car and its speed was not provided.
• The inspector refused to present the certificate of conformity of the speed control device.
• Thus, there is an irremovable doubt in the proof of my guilt.
• According to Article 49 of the Constitution of the Russian Federation, each accused of committing a crime is considered innocent until his guilt is proven in the manner prescribed by federal law and established by a court verdict that has entered into force, the accused is not required to prove his innocence, irremovable doubts about the guilt of the person are interpreted in favor of the accused .

The rights and obligations provided for by Article 25.1 of the Code of Administrative Offenses of the Russian Federation, when drawing up the protocol, the inspector did not explain to me. Thus, violating the requirement of Article 114 of the order of the Ministry of Internal Affairs of the Russian Federation N 185.

In view of the foregoing violations, I request:

1. Terminate the administrative case under the protocol on administrative offense No. __ dated March 12, 2014.
2. Impose disciplinary action on the traffic police inspector Petrov G.V.
3. Consider this complaint in my absence.
4. Reply to me in statutory order and terms on the merits of the foregoing at the place of my residence.

signature _____ / Nikolaev I. S. /

Application:

1. A copy of the administrative protocol.
2. Witness's testimonies.

If you disagree with the conclusions of the traffic police inspector, the traffic police, you can complain about his actions by writing a complaint. It is better to do this within ten days from the date of the violation, and preferably where the protocol was drawn up. In case of violation of your rights and interests, where can you complain? There are three options where you have the right to complain and send an application or complaint: to the superior head of the traffic police department, who drew up the report at the place of work of the traffic police inspector, to the prosecutor's office and the court. Moreover, you can do this in person or send the document by mail with notification by registered mail.

The complaint must include irrefutable evidence of your innocence. For example, this may be information proving the illegality of the actions of the traffic police inspector, the traffic police or the incorrect preparation of the protocol, unreliability or, conversely, the lack of information. For example, there are no witnesses when, according to the instructions, they should be, or the protocol is not drawn up according to the form, the sample of which is approved by law. By the way, passengers also have the right to be your witnesses.

When your complaint is upheld, a ruling will be issued. It indicates the termination of the proceedings, if not, you pay a fine. If you do not agree with the decision of the traffic police officer, you have the right to challenge it within ten days. For this, as mentioned above, you need a protocol from the scene, where it is recorded that you do not agree with the conclusion of the traffic police inspector, traffic police. So you can prove your rights.

Claims and complaints against the actions of traffic police officers, to the prosecutor's office, higher management and the court

Drafting complaints and lawsuits requires a certain procedure. How to fill out a sample document?

1. The information in the documents is presented sequentially, with a clear chronology of events. That is, you describe a situation where, as you think, your rights and interests have been violated. It is also necessary to display the illegal actions of the traffic police inspector.
2. Do not forget to indicate personal data, position, rank or other sign confirming the official position of the traffic police inspector, traffic police officer.
3. By the way, in the complaint, write your request for a check on the legality of actions official. Thus, the traffic police officer, traffic police, if confirmed misconduct will be subject to disciplinary, administrative or criminal liability.
4. A big plus in the complaint will be information about the witness of the incident.
5. Also, if you have the opportunity to record what is happening on video or take a picture, do not forget to attach it to the complaint, and keep copies for yourself.
6. The final step is filing a complaint. If you file a complaint yourself, do not forget that in the office on the second copy you will be marked as accepted. That is, the incoming number, the date of acceptance and the signature of the person who accepted the document.

Complaints to writing accepted around the clock. Considering modern Computer techologies your complaint can be sent to e-mail so-called electronic appeal.

Response to a complaint

A complaint against a traffic police officer, in accordance with applicable law, is considered within thirty days from the date of its acceptance. The body that accepted the document is obliged, after the verification, to notify you of decision in writing.

The decision can be of two options: either the actions of the inspector, the traffic police officer or the policeman are declared illegal, or your complaint is declared unfounded.

Again, if you disagree with this, complain to the court within ten days after receiving the answer. Of course, when considering a case in court, it is necessary to repeat all the information contained in the appeal, and maybe ensure the attendance of witnesses, as well as find new evidence that your rights and interests have been violated by officials.

Appeal against the actions of a police officer

Complaints that relate to the actions or inaction of a traffic police officer, traffic police differ from complaints about a protocol on an administrative violation. In the second case, proceedings are being conducted in accordance with administrative law, it is necessary to prove the fact that the driver has committed an accident or that the protocol does not comply with the approved form and sample. Violated rights and interests of the driver are not considered.

In the event of a conflict, the driver has the right to demand from a traffic police officer or traffic police inspector to introduce himself, show an identity card. In order not to miss anything, fix all this data. AT best case It would be nice if you recorded everything that happens on video or took a photo. If there is a witness, take his details too. It is better to write an explanation yourself, with your own hand, and also note the presence of a witness.

Since the sample complaint is not defined in principle, the document can be drawn up based on general requirements, on the model of any complaint. That is, in the appeal, be sure to indicate the exact name of the body where the document is addressed, the address. As well as the personal data of the person who files the complaint, his address of residence, contact phone number. This is required for you to receive a response. Describe the data stakeholders whose rights and interests have been violated and are being appealed. This data is necessary for fast and quality checks, as well as summoning persons to a court session.

More significant part in the complaint, this is a statement of the situation itself, which led to the violation of your rights and interests. Where you need to clearly and reasonably prescribe your requirements and evidence that confirms your requirements. Please note, when presenting information in a complaint, do not use emotional phrases, insults. In the event that you do not have supporting documents that are necessary or missing for you for evidence, file a petition with the court for these documents to be demanded by the court.

If necessary, the conclusions of the examination carried out can be written in the document, which will help to clearly outline the scheme of the accident and find out the causes of the incident. Then the court will be obliged to appoint a re-analysis of the actions or inaction of all participants in the incident, including the traffic police officer and the police inspector.

These actions are aimed at substantiating the information you provided in the complaint. But the traffic police inspector, the traffic police, has every right to prove his legitimacy.

A sample complaint against a traffic police officer, traffic police can be provided by a lawyer in this branch of law or your lawyer.

As practice shows, it is possible to challenge and appeal against any actions and decisions of traffic police officers.

Hello!

From the provisions of the Administrative Regulations of the Ministry of Internal Affairs Russian Federation performance state function to monitor and supervise compliance by participants traffic requirements in the field of road safety, approved by the Order of the Ministry of Internal Affairs of the Russian Federation of 02.03.2009 N 185, it follows that:

245. Applicants may appeal against acts or omissions:
employees of combat units of the State traffic inspectorate - to the heads of the relevant combat units of the State traffic inspectorate, to higher combat units of the State traffic inspectorate, to the management bodies of the State traffic inspectorate, to the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate for the constituent entities of the Russian Federation, to the federal governing body of the State Traffic Inspectorate, to the Ministry of Internal Affairs of Russia;

246. Complaints are filed by applicants by mail, at a personal appointment, by information systems common use or through special sections on the Internet sites of the internal affairs bodies of the Russian Federation.

Applicants can report a violation of their rights and legitimate interests, unlawful decisions, actions or inaction of employees by calling the telephone numbers of the duty unit of the relevant unit, governing body, the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate for the constituent entities of the Russian Federation.

247. In a written appeal, the applicant indicates the name of the body to which the appeal is sent, or the last name, first name, patronymic of the relevant official mailing address on which the response should be sent, the essence (circumstances) of the action (inaction) being appealed, the grounds on which the applicant believes that his rights, freedoms and legitimate interests have been violated, obstacles have been created to their implementation, or any duty has been unlawfully imposed; other information that the applicant considers necessary to provide, puts a personal signature and date. In addition, the written appeal may indicate: the title of the position, last name, first name and patronymic of the employee whose decision, action (inaction) is being appealed. If necessary, in support of his arguments, the applicant attaches to written request documents and materials or their copies.

257. In the course of checking the circumstances set forth in the complaint, the validity of each of the cited motives is analyzed, it is checked whether the actions (inaction) of the employees complained of correspond to the provisions and prescriptions of legislative and other regulatory acts.
When checking, if necessary, explanations are taken from the employee whose actions (decisions) are being appealed, witnesses are interviewed, other persons who have information relevant to the consideration of the complaint are requested additional documents and materials from the applicant or other individuals and legal entities.

258. If, as a result of the audit, the circumstances noted in the complaint are confirmed, indicating the unlawfulness of any actions, the inconsistency of these actions with the provisions and instructions of normative and other documents, the complaint is recognized as justified and measures are proposed to punish the perpetrators and restore the violated rights of the applicant. At the same time, the response provides for an appropriate apology to the applicant.

If the complaint is found to be unfounded, the response provides explanations regarding the illegality of the claims, as well as, if necessary, a possible procedure for appealing the decision taken on the complaint.

261. The total period for considering a complaint and sending a response to the applicant should not exceed 30 days from the date of registration of the complaint.

AT exceptional cases supervisor federal body The departments of the State traffic inspectorate, the governing body, the subdivision have the right to extend the period for consideration of the application by no more than 30 days, notifying the applicant of the extension of the period for its consideration.

You can send a complaint to the head of the department in which he serves this employee or to the traffic police department or directly to the Main Directorate of the Ministry of Internal Affairs of Russia for the Nizhny Novgorod Region.

Regards, Alexey.

Often, car owners have a radically opposite vision of the situation on the actions or behavior of employees law enforcement. Indeed, statistics show that there are frequent abuses on the part of traffic police officers, and sometimes incompetence in examining the circumstances of a case can be noted. In this regard, it is important to know how to appeal against the actions of traffic police officers. Legal literacy will become a reliable protection for all motorists on the roads and in subsequent interactions with the authorized bodies of the traffic police.

Appeal against the actions of traffic police officers is provided for by the code "On administrative offenses» (Article 30) and federal law number 4866-1, dated 1993. It is advisable to appeal against the actions of traffic police officers in the following cases.

• Abuse by a traffic police officer - qualification of an offense for a more serious article of the Code of Administrative Offenses for the purpose of receiving a bribe or out of personal dislike for the car owner, and so on.
• The incompetence of a traffic police officer is a weak orientation in legal regulations, incorrect qualification of an offense, incorrect completion of the protocol, and so on.
• An unfair approach to the consideration of the circumstances of the case - the lack of impartiality in the consideration of issues (for example, the traffic police officer takes one of the parties for one reason or another), inattention to the requests of the participants and details of the case, and so on.

In all the cases described above, it is advisable to appeal against the actions of traffic police officers in higher authorized bodies (the traffic police department or the court).

Appeal against the actions of traffic police officers can be carried out both in pre-trial and in court. As a rule, these two stages, at which the actions of traffic police officers are appealed, should be used in turn, since the pre-trial procedure is preferable for all participants, helping to minimize time and material costs. However, this is not a ban on the possibility of a citizen applying immediately to the judicial authorities, bypassing pre-trial settlement options. conflict situation.

Below is an instruction considering the appeal of the actions of traffic police officers on general scheme, that is, starting with the pre-trial procedure for resolving the conflict. The procedure for appealing against the actions of traffic police officers is as follows.

1. At the scene, the traffic police officer draws up a protocol in which the participants in the incident must sign (committing an offense, an accident, and so on). If the car owner finds in the actions or inactions of an authorized employee one of the circumstances described in the section “When to appeal against the actions of traffic police officers”, it is necessary to proceed to the first step of the appeal. Appeal against the actions of a traffic police officer begins with a documented statement of disagreement with the drawn up protocol. To do this, after the text of the protocol, a corresponding note is made: “I do not agree” and the reason for this disagreement is indicated. Then the signature of the car owner is put.

   Important! You need to take a second copy of the protocol signed by the traffic police officer.

2. You need to try to find witnesses to the incident and take their contact details, as well as write down names and surnames. As practice shows, when bringing the consideration of a conflict situation to the judicial authority, The presence of witnesses is a fundamental factor in the successful outcome of a trial.
3. It is also necessary to record the data of the traffic police officer himself who draws up the protocol: rank, first name with last name and car number. This rule relevant to other participants in the incident, if we are talking not about an ordinary offense, but about a traffic accident. All this will come in handy when an appeal is made against the actions of a traffic police officer.
4. It is also recommended to conduct video recording of the dialogue with a law enforcement officer for further submission of this video material as evidence to the traffic police or the court. It is also desirable to record the scene of the incident with a camera or video camera. Video recording is preferable, as it allows you to get a more complete and more objective picture from the scene. AT most this is advisable when it is planned to appeal against the actions of a traffic police officer in registering an accident.
5. In the future, you can immediately write a complaint or wait for a notification about the need to obtain a decision regarding the offender, which will come by mail. After serving a notice to appeal against the actions of a traffic police officer, the car owner will have 10 calendar days.
6. Appeal against the actions of a traffic police officer involves the aforementioned writing of a complaint, which You can make it yourself, or seek the help of a qualified lawyer. The latter is advisable if there are no pronounced signs of abuse, incompetence or dishonesty in the actions or inactions of a law enforcement officer, or the evidence base (fixation, witnesses, and so on) cannot be considered as objective and reliable or is completely absent.

The complaint consists of the following key parts: data of the addressee and sender (indicated in the upper right corner), name of the document (complaint), body of the document (statement of the circumstances of the case and reference to the articles of the regulatory legal acts of the current Russian legislation), date and signature.

Further steps describing the appeal against the actions of a traffic police officer will be presented in the next section of the publication, supplementing the procedure for appealing the actions of traffic police officers.

The primary appeal against the actions of traffic police officers takes place in the traffic police department. A complaint can be filed with the traffic police officer himself, who drew up a protocol at the scene. In this case, this law enforcement officer is obliged to transfer this complaint to a superior officer within three days.

However, it is preferable to file a complaint directly with the head of the traffic police to ensure that it reaches the addressee and more prompt consideration. It is possible to submit it in person, signed by the addressee, or send it by mail with a letter with notification.

Important! In case of refusal to satisfy the complaint, or no response to the claim within thirty calendar days, a similar complaint is sent to the court.

Video, appeal against the actions of traffic police officers

In order to better understand the procedure for appealing against the actions of traffic police officers (in particular, appealing against the actions of a traffic police officer in registering an accident), it is recommended to watch the video