Samples of complaints against a traffic police officer to his boss, to a higher authority of the Ministry of Internal Affairs, to the prosecutor's office or to the court - how to write the document correctly? How to properly file a complaint against the actions of a traffic police officer? Z

Situations in which disputes and conflicts arise between the driver and the traffic police officer arise quite often.

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The reasons may be the details and subtleties of the situation on the road, the presence or absence of an offense on the part of the driver, and much more.

Moreover, many law enforcement officers allow themselves to ignore the rights of drivers and violate current legislation.

How to complain to an employee's management

This possibility follows from the Law “On Police” and the Regulations of the Ministry of Internal Affairs. A complaint against a specific person is submitted directly to the head of his department, or to a higher organization. In case of inaction of an official who refuses, for example, to check the work of a subordinate, it is sent to his superiors or to the prosecutor's office (read about how to file a complaint about police inaction to the prosecutor's office).

You can write a complaint and submit it in person (orally or in writing), by mail (sent by registered mail with acknowledgment of delivery); The regulations also provide for other possibilities: electronic appeal through a special section of the traffic police website, or by telephone. In this case, a written request is preferable.

The applicant indicates the name of the organization to which he is applying (or the full name of the head of the unit), provides his details, the name of the official whose actions are being appealed, and sets out the essence of the case. Documents confirming the facts or copies thereof are attached to the appeal.

If the applicant’s surname is not indicated, the text is illegible, the appeal itself contains insults, no substantive answer is given, or the citizen will be warned about the inadmissibility of abuse of rights.

An appeal to the prosecutor's office is considered no later than 30 days from the date of registration.

Where to file a complaint against a traffic police officer? How to write a document? Answers in the video.

Valuable advice

Determining whether a violation has occurred is a rather difficult issue. As mentioned above, traffic police officers have a very wide range of powers.

However, there is no need to list them. At the same time, many people have a question about how to find out the legality of what is happening on the road?

Resolving this factor is further complicated by the fact that legislation is constantly changing. Along with it, the powers of traffic police officers also change.

Therefore, to help ordinary people who keep track of new laws, you should familiarize yourself with some tips:

1. Be very attentive to the issue of signing various documents that the inspector palms off on you; if in doubt, it is better not to sign anything at all.
2. When drawing up a protocol on a violation, you must indicate your vision of events regarding what the traffic police officers are charging the driver with.
3. It is better to defend your position on the road in the presence of eyewitnesses or under the gun of a video camera; you can also use a voice recorder.

All this will help when preparing a complaint about unlawful actions of traffic police officers.

If the document submitted to management did not help

This often happens: no one likes to “wash dirty linen in public.” The response must explain the procedure for appealing the decision.

(Art. 258). The citizen can then appeal to a higher authority of the Ministry of Internal Affairs, the prosecutor's office or the court.

Article 258 of the Regulations

If, as a result of the inspection, the circumstances noted in the complaint are confirmed, indicating the illegality of any actions, the inconsistency of these actions with the provisions and instructions of regulatory 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. In this case, the response provides for an appropriate apology to be made to the applicant. If the complaint is found to be unfounded, the response provides explanations regarding the unlawfulness of the claims made, as well as, if necessary, a possible procedure for appealing the decision taken on the complaint.

Compilation and application

This document, addressed to any of the authorities, is drawn up in basically the same way, therefore, it makes sense to consider this issue in general.

First, you need to indicate where the document is being sent

- in the upper right corner of the sheet. If it is addressed to a specific official (the boss of the offending employee), then you need to enter his full name and title, preferably in full.

Next - the applicant’s data, including address, you can specify passport data. Then - information about the person whose actions (inactions) are being appealed: full name, badge number, ID number, official vehicle number (state and on-board) and other known information.

The appeal is referred to as a “statement” or “complaint” in the center of the page.

The following describes the essence of what happened.

It is advisable to write briefly and to the point, and after compiling, show the text to a professional or person experienced in such matters.

The text must indicate the time and place of the incident, describe the entire situation in detail: what the employee committed illegally, refer to the relevant clauses of the legal act that were violated.

For example, the norms of the Federal Law “On Police”, such and such a clause of the Administrative Regulations, approved. pr. 185 of the Ministry of Internal Affairs, etc. If a police officer exceeded his official powers or insulted him, this is a reason to refer to articles of the administrative code.

In the “pleading” part, the applicant can insist, for example, on conducting an internal audit, bringing the employee to justice (disciplinary and administrative), and if he committed a crime, then in a statement to the prosecutor’s office - even criminal liability.

Often victims of police arbitrariness “ask” for financial compensation. In fact, it can be difficult to obtain, or it is paid in an insignificant amount.

The evidence available to the person is attached to the application. These can be documents (copy of the protocol), audio and video recordings

(according to Article 25 of the Regulations, the police do not have the right to interfere with them), witness statements, etc.

Article 25 of the Regulations

An employee must not interfere with the use of video and sound recording equipment by a road user, unless prohibited by law. The employee must inform the road user making the recording about the existence of the prohibition.

A witness can be any person who has information about what happened: a passenger who observed the arbitrariness from inside the car, a passer-by (if it is possible to obtain his consent and data), another driver who was present when the victim communicated with the policeman. If a protocol was drawn up on the spot, then the witnesses must be included.

In this case, it must be indicated that
the signatory “does not admit the fact of the offense” and “does not consider himself a violator.”
The document, including to the court, can be sent by registered mail with acknowledgment of receipt or delivered in person. In the latter case, you need to receive a written note of acceptance (coupon, signature on a copy, etc.) indicating the date, or better yet, the hour, the name and position of the person who accepted it.

Where to file a complaint against a traffic police decision

Citizens have something of a choice in this regard. But it is still recommended to follow the order, which in most cases helps to achieve justice. The first recipient body is always the special department of the traffic police for working with external claims. Most company cars have a telephone number for a special helpline where you can get all the necessary information. Such requests are usually considered by the head of the department.

If this does not give the desired result, then the next addressee may be the prosecutor's office. This supervisory authority will conduct a departmental investigation to determine if a violation has been detected. If the decision in the administrative case was erroneous, it will be canceled. If this does not help the motorist, then he can only go to court.

Complaint against the actions of a traffic police officer to the court - sample

In the case of a court, it would be more correct to use the term “claim.” Officially, its name sounds like “an appeal against the actions of a specific traffic police officer.” The court for filing will depend on the severity of the offense. If this is an appeal against an illegal decision (which is not an action on the part of the inspector), then it is necessary to appeal to the magistrate’s court, but if we are talking about illegal actions, to the district court.

A sample of such a claim must necessarily contain the name of the court. It consists of 3 parts. The first part describes all the factual circumstances that served as the reason for starting the process. In the second part, the applicant requests that the inspector be held accountable. The final part contains references to legal provisions, links to attached documents and evidence.

Complaint to the prosecutor's office about the inaction of traffic police officers

To do this, you need to come to the prosecutor's office and request a sample form for drawing up an appeal. The sample contains details (for example, “the head of the supervisory department of the city prosecutor’s office”) and special blocks to describe the actual circumstances. It is compiled independently in free form. At the end, a signature and consent are placed with possible liability for providing false data.

Going to court

The Code of Civil Procedure gives a citizen the right to appeal the actions of an official. The application is submitted at the place of work of the police officer or at the place of residence of the citizen.

A preliminary appeal to superiors or the prosecutor's office does not prevent judicial recourse.

Not only in the case when the citizen did not receive an answer, but even when the answer is negative and his complaint was refused.

The deadline for filing an application is within three months from the date of violation of rights, but the court will accept the application even if the deadline is missed.

The citizen’s appeal is considered by the court within ten days in the presence of himself, the official (head of the body), and witnesses.

If the court finds that the contested action was committed in violation of the law, it obliges the traffic police to eliminate the violation in full and report the results to the applicant and the court.

Challenging the illegal actions of traffic police officers is not only the right of a citizen, confirmed by the Constitution and laws, but also the civic duty of everyone. This applies to both drivers, who become direct objects of selfish or selfish interest, and ordinary citizens, who must understand the importance of combating official crime and arbitrariness, and not be afraid to act as witnesses, including in court.

The law today provides ample opportunities to defeat arbitrariness on the road, to punish the guilty employee disciplinaryly, financially, and even criminally.

Any road user in respect of whom the law has been violated can file a complaint against the actions of a traffic police officer. The illegality of actions will be checked by the court, the prosecutor's office or higher officials of the Ministry of Internal Affairs - depending on the nature of the violation. In this article we will look at the grounds on which a complaint can be made and what consequences occur if it is satisfied.

Where to write a complaint against a traffic police inspector

Depending on what actions you expect in relation to the traffic police officer, you can send a complaint:

1. The head of the traffic police department at your place of registration - bringing the inspector to administrative responsibility.

Department of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs in Moscow

Address for letters: Moscow, Sadovaya-Samotechnaya street, building 1, 127473

Phones:

• Duty department
• Helpline
• Office

Addresses and contact details of the traffic police in your region can be found on the State Traffic Inspectorate website www.gibdd.ru in the “Contacts” section

1. The prosecutor's office or court - bringing the inspector to criminal liability.

To the head of the traffic police

You can challenge the actions of a traffic police officer by sending a complaint to the head of the district traffic police. The complaint must be filed within 10 days from the date of drawing up the protocol.

Filing a complaint against a traffic police officer is not subject to state duty and, according to clause 266 of the Administrative Regulations of the Ministry of Internal Affairs, must be considered within 10 days from the date of registration.

Complaint to court

You can go to court either immediately after a conflict situation arises with a traffic police officer, or if a complaint addressed to the head of the traffic police has not brought the desired results.

The deadline for going to court is within 3 months from the date the traffic police inspector draws up a protocol on the violation.

Attention!!

If the complaint is drawn up in the name of the head of the traffic police, then “Complaint” is written in the center of the sheet, but when filing a complaint with the court, you need to write “Application”. You can ask for a sample application in court, but it almost completely repeats the complaint to the traffic police.

As legal practice shows, going to court is the most effective way to appeal against the illegal actions of a traffic police inspector. Filing an application to the court is subject to a state fee in accordance with the legislation of the Russian Federation.

The period for consideration of the complaint is 60 days.

Traffic police website

One option to complain about a traffic police officer is to write an electronic complaint on the official website of the State Traffic Inspectorate www.gibdd.ru using the online service.

• Select “Receive requests” in the “Services” section.
• Click the “Fill out the form” button.
• In the list that opens, select the region to which you are sending your message.
• Fill out the electronic form

Appeals sent through the electronic reception on the traffic police website are sent to the regional division of the State Traffic Inspectorate or directly to the Main Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation.

Based on the results of consideration of the complaint, two decisions can be made:

1. The complaint is considered unfounded.
2. The actions of the traffic police officer are recognized as unlawful and he will be held accountable.

What can you file a complaint about?

The powers of a traffic police officer include ensuring traffic rules, identifying and suppressing traffic violations, drawing up procedural documents after an accident or to bring citizens to administrative responsibility. When exercising these powers, not only the Traffic Rules, but also other legislative acts must be observed.

The list of the most common violations by the traffic police inspector that citizens may encounter includes:

1. violation of procedural rights when drawing up administrative protocols and decisions - refusal to exercise the right to defense, refusal to take into account objections and explanations in the text of the protocol;
2. unlawful actions related to stopping transport and checking documents - an unreasonable demand for documents, violation of regulations when communicating with a driver or other traffic participant;
3. violation of the procedure for processing documents - refusal to call witnesses to draw up acts, refusal to provide your personal data and registration number;
4. extortion of a bribe for detected traffic violations;
5. unlawful actions when sending citizens for a medical examination - refusal to explain the identified signs of intoxication, refusal to provide information about the verification of the examination device;
6. unlawful confiscation of a driver’s license form, if the car owner was not deprived of his rights by court order;
7. illegal decision to evacuate a parked car if the driver is driving;
8. other categories of violations.

Already when drawing up a protocol or other procedural document, a citizen can exercise the right to appeal. To do this, you need to require the inclusion in the documents of explanations and objections that the driver considers important for assessing the circumstances of the case.

Other options for challenging can be used after receiving the protocol or the traffic police officer’s refusal to issue the specified document.

The procedural protocol is not subject to appeal, since the violator can present all objections during its consideration. However, violations committed during the preparation of the protocol may be the subject of a complaint. Depending on the nature of the unlawful actions or inaction, a complaint can be filed in the following areas:

• to a senior official of the Ministry of Internal Affairs - in case of violation of the regulations of the Ministry of Internal Affairs when checking documents or communicating with the driver, in case of refusal to provide personal data, registration number, etc.;
• to the prosecutor's office - on any facts related to violations of the law;
• to court - if a citizen challenges a previously issued refusal of other authorities or if he is appealing against the recognition of the culprit when registering an accident, etc.

Appealing to higher officials of the Ministry of Internal Affairs or the prosecutor's office does not deprive the right to file a complaint in court.

To file a complaint, you must have evidence of unlawful actions on the part of the traffic police representative. For this you can use:

1. written evidence - protocols with the driver’s objections, diagrams of the accident site, other forms and forms;
2. material evidence - the results of an independent examination, audio and video recordings, including from the car’s DVR;
3. witness statements;
4. materials of administrative, criminal and civil cases.

It is advisable to use the services when preparing a complaint in order to avoid refusal to consider it.

When filing a complaint, you must have information about the official whose actions violated the law and the interests of citizens. As a rule, this information is indicated in the protocol. If it is impossible to determine the name, position and registration number of the inspector from the contents of the protocol, the citizen has the right to contact the traffic police to clarify this data.

The law contains a number of mandatory requirements for filing complaints against the actions of government officials. First of all, it is necessary to indicate the identity of the applicant, since anonymous applications are not subject to consideration. The complaint must be presented in the form of a written document, and oral appeals must be registered at a personal reception of citizens. The text of the complaint also indicates the following points:

• name of the official or body to which the complaint is sent;
• information about the applicant and the official whose unlawful actions are being disputed;
• circumstances of the violation - place, time of drawing up and protocol number; the nature of the violated norms of law and the interests of citizens; list of illegal actions of the traffic police inspector;
• reference to evidence that supports the arguments of the complaint;
• reference to a rule of law or traffic rules that was violated by a traffic police representative;
• a request to recognize the actions or inactions of a traffic police officer as illegal, to cancel procedural documents, and to take response measures against the culprit;
• date and personal signature of the applicant.

For example, when filing a complaint about a violation of the law when recording the results of an accident, you need to indicate the place and time of the accident, a list of witnesses, state the circumstances of the accident and the rule of law that was not followed by the inspector. A complaint about the actions of a traffic police officer during evacuation must contain information about the lack of rights to forcibly move the car (for example, if the driver was driving and was ready to eliminate a violation of parking rules).

The regulated period for consideration of a complaint is 30 days, and citizens are notified of the results of the inspection in writing. Depending on the nature of the violation and the requirements of the complaint, the following consequences may occur:

1. cancellation of procedural documents drawn up in violation of the law (for example, if a traffic police officer refused to call witnesses to confirm the fact of refusal of a medical examination);
2. return of a driver’s license or other documents unlawfully seized by an inspector;
3. bringing the guilty person to administrative or criminal liability (for example, for abuse of power or extortion of a bribe);
4. taking disciplinary measures against the guilty traffic police officer, including his dismissal.

If grounds for criminal prosecution are identified, the applicant may be recognized as a victim. Upon initiation of a criminal case, a resolution is drawn up, with which the complainant must be familiarized.

If, during the consideration of the complaint, violations of the legal rights and interests of the traffic participant are confirmed, you can file a claim for compensation for moral damage. Such cases are considered in lawsuit proceedings, and materials on verification of the complaint will be presented to the court as written evidence.

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Keeping order and safety on the roads is one of the main tasks of a traffic police officer. When a police officer’s work priorities are different, the rights of citizens and other persons are violated. The solution would be to file a complaint against the negligent traffic police officer. The applicant has a choice: senior management, the prosecutor's office or the court.

Few motorists have not encountered on the road this guardian of order and road safety, popularly called a traffic cop. Drivers have different impressions and results from these meetings. Some of them are familiar firsthand with such a document as a complaint against a traffic police officer and how to prepare and submit it.

Table 1. Which actions (inactions) and decisions of a traffic police officer can be appealed and where. Source: traffic police. RF

How to properly file a complaint

The procedure for citizens' appeals is regulated by the Civil Procedure Code, which describes in detail the procedure for drawing up and filing complaints.

When drawing up a complaint to the prosecutor's office about the actions or inactions of traffic police officers, it is necessary to describe the events in detail in chronological order.

The circumstances under which the violation of the applicant’s rights was committed must be stated correctly. And the application to the prosecutor’s office against the traffic police inspector reflects the clear requirements that the driver wants to achieve.

This statement does not have a form prescribed by law; when drawing it up, it is recommended to use the general rules for writing statements of claim.

An official complaint must contain the following details:

• name of the body to which the application is addressed;
• postal details and address;
• Full name of the applicant;
• the applicant's residence address;
• residential address;
• applicant's telephone number.

After providing personal information, the driver whose rights have been violated must provide as much information as possible about the dishonest traffic police officer.

It is advisable to include the following list of details:

• Full name of the traffic police officer against whom the complaint is being filed;
• his position and workplace;
• badge number and basic data contained in the traffic police officer’s ID;
• if a traffic police officer was driving the car, the state and registration number of the vehicle must be indicated;
• If possible, it is advisable to indicate your residential address;
• contact details that are available;
• the applicant’s signature, its transcript and date of compilation.

It is worth considering that the more information about the violator the applicant provides, the faster the State Traffic Inspectorate employee will be held accountable for his unlawful actions.

Regulatory framework for the service of traffic police officers

The main document regulating the general issues of the activity of this police force is Federal Law No. 3-FZ of 02/07/2011 “On the Police”. Some responsibilities are as follows:

• clearly know and comply with Russian laws and other regulations;
• perform your duties in accordance with the job description;
• when performing service, respect the interests and rights of citizens, organizations, public associations;
• provide first aid to victims (for example, in a traffic accident);
• comply with lawful instructions and orders of management;
• suppress administrative violations;
• conduct proceedings in cases of administrative offenses;
• not to disclose information that became known to him while on duty.

Responsibilities

The duties of a traffic police officer are described in detail in Order of the Ministry of Internal Affairs of Russia No. 664 dated August 23, 2017 “On approval of the Administrative Regulations for the execution by the Ministry of Internal Affairs of the Russian Federation of the state function of exercising federal state supervision over compliance by road users with the requirements of the legislation of the Russian Federation in the field of road safety” . According to this document, he has the right:

• check the identity cards of citizens when there is reason to suspect them of committing an unlawful act and whether they are wanted, as well as when a protocol on an administrative offense is drawn up against them or detention measures are taken;
• demand the cessation of illegal actions by citizens or officials;
• summon persons to the police in cases of administrative violations of law and obtain from them explanations, certificates or other documents, order forced detention in relation to those who evade voluntary appearance when summoned;
• send motivated requests and receive answers, certificates and other documents free of charge from citizens, officials, public associations, organizations, institutions (including medical);
• patrol settlements and public places, set up posts and barriers;
• require citizens to leave the scene of an administrative offense, crime, or incident when it is necessary to record the circumstances of the incident and preserve traces, as well as to ensure the safety of the citizens themselves;
• draw up protocols on administrative offenses and collect evidence on them;
• deliver or refer citizens for a medical examination for intoxication (alcohol, drugs), as well as conduct an examination for alcohol intoxication themselves in accordance with the established rules;
• carry out personal searches of persons, things and vehicles, if there is information about the presence of prohibited substances and objects (weapons, drugs, explosives), seize found prohibited substances and objects when a person does not have the right to transport and store them legally (for example, no permit to carry weapons);
• stop the vehicle, check its documents and the right to use it, remove the driver from driving, detain the vehicle;
• use audio and video equipment, information systems, cameras, and other technical and special means in work;
• in urgent cases, use vehicles of citizens, organizations, institutions (pursuit of a criminal, suppression of an illegal action, delivery of a victim to a hospital).

Also, the duties of a traffic police inspector are enshrined in his job description. Failure to fulfill or improper performance of assigned duties, as well as inaction in certain situations may lead to appeal in the prescribed manner.

Complaint about unlawful actions of a traffic police officer

To the State Traffic Safety Inspectorate for Moscow ______________________________

gr. _______________________________ residing at: __________________

COMPLAINT

___________ year at __ hours __ minutes I was moving along the outer side of the MKAD roadway after exiting the __________ highway. Due to the presence of an obstacle in lane 1, I maneuvered around it at a speed of __ km/h in __ lane. Moving along the third lane of the roadway, I was stopped by a traffic police officer, who, after checking my documents, offered to go to the checkpoint. At the checkpoint, without any reason, the traffic police officer gave me a breathalyzer to test a technical device for measuring alcohol levels. According to the traffic police officer, a technical device for measuring alcohol level showed the alcohol level. The results of measuring the level of alcohol in my body were not provided or reported to me. I began to insist on sending me for a medical examination of the state of intoxication, but the traffic police officer refused me this and drew up an act of series _______ number __________ examination for alcohol intoxication, a protocol of series ________ number _________ on removal from driving a vehicle and a report of an administrative offense of series ____ number __________. It should be noted that the procedure for registering the offense was violated, namely: I was not actually removed from driving the vehicle, the witnesses indicated in the protocols were not present during the alcohol test and when I was removed from driving the vehicle. My demands to be sent for a medical examination by the traffic police were ignored, as a result of which I refused to sign the protocols. However, the traffic police officers began to insist that I sign, otherwise they threatened with negative consequences for me - I was forced to sign the protocols. I consider the indicated actions of the employees of the 3rd battalion of the 1st SP DPS of Moscow illegal, exceeding their official powers. According to the Decree of the Government of the Russian Federation “On approval of the rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending this person for a medical examination for intoxication, medical examination of this person for intoxication and recording its results and rules for determining narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of a person who is driving a vehicle" No. ____ dated _________, when conducting an examination for the state of alcohol intoxication, an official who is granted the right of state supervision and control over traffic and operational safety vehicle of the corresponding type, or an official of the military automobile inspection takes a sample of exhaled air in accordance with the operating instructions for the technical measuring instrument used. The presence or absence of alcohol intoxication is determined based on the readings of the technical measuring instrument used, taking into account the permissible error of the technical measuring instrument. If the maximum permissible concentration of absolute ethyl alcohol in the exhaled air, identified as a result of an examination for alcohol intoxication, is exceeded, an alcohol intoxication examination report is drawn up, the form of which is approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Health and Social Development of the Russian Federation. A paper recording of the research results is attached to this act. A copy of this act is issued to the driver of the vehicle in respect of whom a test for alcohol intoxication was carried out. However, I was not provided with a paper recording of the research results. According to clause 10 of the Decree of the Government of the Russian Federation “On approval of the rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending this person for a medical examination for intoxication, medical examination of this person for intoxication and recording its results and the rules for determining narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of a person who drives a vehicle" No. _______ dated __________, the driver of the vehicle is subject to a referral for a medical examination for the state of intoxication: a) if he refuses to undergo the examination for alcohol intoxication; b) in case of disagreement with the results of the examination for alcohol intoxication; c) if there are sufficient grounds to believe that the driver of the vehicle is intoxicated, and the test result for alcohol intoxication is negative.

From the above it follows that the traffic police inspector violated the procedure for examining a person driving a vehicle, as provided for by current legislation, since I insisted on a medical examination - but I was refused.

Thus, establishing the fact of my alcohol consumption and state of intoxication solely on the basis of the results of testing with a breathalyzer, without conducting a biological examination, and making an approximate conclusion, in violation of the established procedure, is unacceptable. So, given the fact that the certificate of medical examination for the state of intoxication of a person who has been driving a vehicle since ___________ year contradicts the norms of the current legislation, it must be declared void. I am forced to regard this bringing of me to administrative responsibility as illegal actions of law enforcement officers aimed at obtaining much-needed statistics on the identification of administrative offenses.

According to Art. 1 of the Federal Law “On Police”, the police are intended to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, to combat crime, protect public order, property and to ensure public safety. The police immediately come to the aid of anyone who needs their protection from criminal and other illegal attacks. By virtue of Art. 12 of the above, the police are assigned the following responsibilities: to receive and register statements and reports of crimes, to carry out, in accordance with their jurisdiction, verification of statements and reports of crimes, and to take measures on such statements and reports as provided for by the legislation of the Russian Federation. In accordance with Art. 2 of the Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation,” citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal must not violate the rights and freedoms of others. A written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal (Article 12 of the Law). Based on the above, guided by Article 5 of the Law of the Russian Federation “On the Police”, Decree of the President of the Russian Federation dated June 15, 1998, I ASK: 1. Consider the complaint on its merits. 2. Conduct an investigation into the above facts and bring those who violated my rights to justice.

APPENDIX: Copy of the administrative violation protocol; A copy of the Inspection Certificate; A copy of the protocol of removal from driving a vehicle.

"___" _________________ G. ______________/____________/

Complaint against a traffic police officer

To guard safety and order on the roads, showing respect for others, professionally performing their duties - this is the main task of a traffic police officer. But, apparently, not for all employees of the State Traffic Inspectorate. And the driver, even if he is in the right in the situation, caught by such a would-be inspector, may receive wrongful treatment, face poor treatment, and sometimes even illegal behavior of law enforcement and security guards. In this case, there is nothing left to do but file a complaint with the traffic police or contact the prosecutor's office or court.

Reasons for filing

Reasons for filing a complaint may be:

• a protocol drawn up illegally (on an administrative offense, on administrative detention, on a personal search, and others);
• inappropriate behavior of a State Traffic Inspectorate employee (for example, he took away and broke the driver’s mobile phone, on which he was filming his communication with a law enforcement officer);
• failure to include explanations of a person or witnesses in the protocol;
• when checking documents, the inspector demands to see a paper OSAGO policy, ignoring.

Interesting!
In December 2021, the Russian Ministry of Internal Affairs conducted a study of public opinion on the activities of State Traffic Inspectorate employees. The work of the traffic police is considered effective and generally assessed positively by 57–58% of respondents. 64% of respondents have not encountered any corrupt actions by employees over the past year, and 36% answered in the affirmative. Contacts of traffic police officers with drivers who violated traffic rules were ranked first among illegal actions.

Submission forms

There are the following forms for filing a complaint against a traffic police officer:

Table 2. Complaint forms. Sources: traffic police. Russian Federation, Ministry of Internal Affairs. RF

What to write in a complaint against a traffic police officer

The appeal must contain the following information:

• name and address of the authority where it is submitted;
• name and details (last name, first name, patronymic, title, place of work) of the traffic police officer against whom the complaint is being written;
• information about the applicant (last name, first name, patronymic, address and telephone number);
• when submitted by a representative, his data is entered, as well as the data of the power of attorney with a copy attached;
• the essence of the complaint and what the applicant requires;
• supporting documents (if available, attached in copies; if they are not on hand, but are available in the materials of any case, then the applicant writes a request to request them);
• date and signature of the applicant (or his representative).

The style of writing a complaint is formal, businesslike, restrained, without emotional overtones or insults.

Where to file a complaint against the actions of a traffic police officer and a sample appeal

A complaint against a road safety custodian is submitted to:

• Ministry of Internal Affairs or State Traffic Inspectorate (to the immediate superior, senior manager or to the territorial ministry);
• prosecutor's office (addressed to the prosecutor of a city, district or subject of the Russian Federation);
• court at the place of service.

Below is a sample complaint against the actions of a traffic police officer.

How long will the review take?

A complaint received by the State Traffic Inspectorate (MVD) or the prosecutor's office will be considered within thirty days from the date of its registration. The period can be extended by 30 days (if it is necessary to request additional documents, check information, etc.). The applicant will be notified of this.

An appeal against a court decision is returned to the person who sent it within 7 days from the date of registration. The unreadable complaint is returned to the applicant within the same period.

When a complaint is not answered

A response to an appeal is not prepared if:

• the surname or address of the applicant is not indicated;
• the issue has already been resolved and an answer has been given;
• the court decision is appealed (the complaint is returned to the applicant with an explanation of the proper procedure for filing);
• the complaint contains obscene language and threats against a police officer and his family members;
• the same complaint is sent multiple times regarding the issue (a decision is made to terminate correspondence with the applicant, of which the latter is notified);
• the appeal is addressed to a body or official who is not competent to resolve it (sent according to jurisdiction with notification to the applicant);
• the answer cannot be given without disclosing information constituting a state or other secret protected by law;
• the complaint cannot be read (it is written illegibly and the applicant’s data is not readable).

The above list is exhaustive and for other reasons it is impossible not to prepare a response to the complaint.

Consideration of a complaint against a traffic police officer in court

An appeal against unlawful actions or inaction of a traffic police officer in court will take place based on a filed administrative claim. Its form must comply with the requirements of the Code of Administrative Proceedings of the Russian Federation dated 03/08/2015 No. 21-FZ.

The period for filing such a claim is 3 months from the date on which it became known about the violation of rights, interests and freedoms. If this period is missed, this is not a basis for refusing to accept the claim. The court may restore the deadline if it finds the reason for missing a valid reason. As a result, the court satisfies the complaint in part or in full or refuses to satisfy it.

An appeal of a decision in a case of an administrative offense made by a traffic police officer to a court is possible within 10 days from the date of its receipt. A deadline missed for good reasons may be reinstated by the court.

Higher education. Orenburg State University (specialization: economics and management of heavy engineering enterprises). May 4, 2021.

There are often situations when traffic police officers, taking advantage of their position, illegally impose fines on those drivers who do not violate traffic rules. In addition, there are other situations in which the traffic police inspector is wrong in relation to the driver.

However, many motorists find it easier to accept a fine or other administrative punishment than to complain about the inspector and prove the correctness of their actions. But in fact, a complaint about unlawful actions of traffic police officers is quite simple to draw up. We will tell you how to do this in this article.

How to file a complaint with the prosecutor’s office against the actions of traffic police officers (sample)

The prosecutor's office is not the only authority where you can complain. There are quite a few options for where exactly you need to submit an application, but it all depends on the purpose for which the driver puts his dissatisfaction in a document called a complaint. A sample complaint to the prosecutor's office against the actions of traffic police officers is available.

Photo: sample complaint to the prosecutor's office against the actions of a traffic police officer

It all depends on how severely the policeman violated his rights. You can complain:

• the leadership of the traffic police officer;
• to the prosecutor's office;
• straight to court.

It is believed that the most effective is a complaint to the court, however, this measure has many associated difficulties - payment of all fees, a rather long time for consideration of applications.

How to correctly write an application for an inspector

In order for a complaint against an inspector to be drawn up correctly, it is necessary to describe all the events that occurred during the conflict carefully and in chronological order, one after another.

The text should be presented concisely, competently and dryly. If the driver plans to file a complaint with the prosecutor’s office, then it is necessary to indicate the result that you want to achieve.

A complaint to the prosecutor's office (despite the requirements and standards of the procedural code) does not have an official form.

In order to correctly draw up this local document, you need to be guided by the principles of drawing up statements of claim.

In official applications to the prosecutor's office, details must be indicated - the name of the authority (prosecutor's office, court department, senior management of the traffic police), address and full name of the driver, telephone number and address at the place of registration (if it differs from the actual address of residence).

For illegal actions

Most often, complaints to the prosecutor's office against traffic police officers are filed after illegal actions. Anything can happen here - taking away a license without an obvious crime, using force against the driver, and so on.

After the applicant has filled out the complaint, the word “Complaint” should be written in the middle of the sheet. After this, you should describe in detail, but without emotional enthusiasm, the situation that occurred on the road.

It’s good if you can attach evidence of the inspector’s illegal actions to the letter. If they are not there, then the complaint may be perceived by the prosecutor’s office as a desire to prove something to someone, to show dissatisfaction.

The evidence can be anything - from DVR recordings (which is why car lawyers advise all drivers to drive with a special camera) and ending with the opinions of experts, doctors, and witnesses.

The legislation of the Russian Federation for 2021 provides for the use of vehicle passengers as witnesses. This must be remembered, as this can radically change the contents of the protocol.

If the car owner can support his complaint with testimony from other persons, then these persons can be used as witnesses.

Therefore, you should not list those people in your statement and refer to someone who cannot confirm your words.

On employee inaction

Everyone knows well that the police, traffic police and other law enforcement officials are necessary to protect the rights of people. Their main duty is to ensure that the laws of the state are carried out with the utmost rigor.

However, we all know well that employees do not always treat their responsibilities with due responsibility. A sample complaint about the inaction of traffic police officers is available.

The main reasons for filing a complaint to the prosecutor's office about the inaction of traffic police officers are:

1. Open inaction of traffic police officers and evasion of direct duties.
2. Incorrect documentation (including protocols).
3. The inattention or negligence of traffic police officers leads to serious consequences.
4. Refusal to initiate a case for no apparent reason.
5. Abuse of authority, rudeness, moral pressure, use of force, arrest without grounds.

On the inspector's decision

If the car owner does not agree with the employee’s decision, he has the right to file a complaint with the prosecutor’s office or court within 10 days. Ten days must pass after a copy of the resolution is received.

Despite the fact that this period is quite short, the driver must be on time.
The complaint must contain:

• name of the court, traffic police department or prosecutor's office;
• information about the applicant;
• the reasons why the driver considers this decision illegal;
• proof.

The complaint must be signed by the applicant or defense attorney. If the applicant considers not only the employee’s decision illegal, but also denies the very fact of his offense, he should indicate:

• weak motives;
• an indication that there is no evidence of guilt;
• legislative acts misinterpreted by an employee;
• reluctance by the traffic police to consider evidence in their defense.

Can I apply online?

You can file a complaint against employees online. There are several options where exactly you can do this:

1. State Services Portal.
2. do gosuslugi ru.

In this case, you do not need to write any paperwork; you just need to fill out the form online.

Terms of consideration

It will take up to 30 days for the complaint to be considered. This is the generally accepted time frame for considering citizens' appeals.

If necessary, applicants are contacted to clarify additional facts or invited to the prosecutor's office.

As a conclusion, we note that before filing a complaint you need to make sure that the traffic police officer is wrong; it is better to consult with a lawyer.

Every driver in one way or another encounters traffic police officers. This can happen both on the road and in the department. Traffic police officers perform almost all operations related to the registration of drivers and their vehicles, issuance of documents, and traffic regulation. At the same time, they are officials with a number of powers and obligations.

However, what to do if a traffic police officer behaves inappropriately? Or does he issue a fine without any reason? Of course, file complaints. The most effective is a complaint to the prosecutor's office. This is exactly what we will talk about in our article.

Submission methods

There are several ways to notify higher authorities about a traffic police officer who has violated the rights and interests of a motorist:

• The driver can submit the application in person. To do this, he needs to have 2 copies of the document on hand. One remains with the authorities, and on the second the person who accepted it puts a signature and the date of acceptance, after which he gives it back to the applicant;
• The appeal can be sent by registered mail, using the service of notification of delivery;
• Via the Internet using the official websites of departments.

Necessary components of a complaint

A complaint against the actions of a traffic police officer, a sample of which is posted on our website, must contain several points that will make it legally competent.

Specific indications of the content of each element will be listed below:

• the addressee is the person who is authorized to consider such appeals, in our case he is the prosecutor;
• data of the interested person, that is, information about the applicant, they include full name, passport data, permanent residence address, telephone number;
• information about traffic police inspectors whose actions need to be appealed, this is their full name, position, rank, place of service;
• date, time and place of the incident, special attention must be paid to this point, they must be indicated very accurately;
• further, specific actions or inactions of police officers should be indicated, and it is advisable to indicate the articles of the law that, in the applicant’s opinion, were violated;
• then you need to state a request to sort it out and take action;
• attachments to the complaint;
• At the end of the document there is a signature and the date the complaint was written.

How to apply online

If the driver does not have a lot of time and patience, he can file a complaint from the official website of the traffic police. You can do this as follows:

• On the main page of the traffic police website in the top menu you need to select “Services” - “Reception of requests”;
• Then a page appears with information regarding requests, after studying which you need to click on the button “Proceed to fill out the application form”;
• Immediately after this, you are asked to select the region to which the appeal is sent;
• After specifying the region, you can begin filling out the form, where you must indicate the following: driver’s full name;
• In what form does the driver want to receive a response: by email or regular mail?
• Text of the appeal;

Appeals containing incorrect personal information or containing offensive language are left unanswered by the traffic police.

Info

The period for consideration of electronic applications is 30 days from the date of their registration. Applications are registered within 3 days from the date of receipt. In special cases, consideration of the application may take another 30 days, of which the applicant is notified in advance.

Time limits for considering a complaint against an employee

They are regulated by the Federal Law “On the procedure for citizens to apply to government agencies.” According to this Federal Law, the period for consideration of citizens' electronic appeals is 30 days from the date of acceptance of the application for consideration. But there is also a deadline between the date of sending the complaint and acceptance for consideration - 3 days. The total period is 33 days.

But it should be borne in mind that in exceptional cases (the 2021 legislation does not specify which cases are considered exceptional), the consideration period can be extended by the relevant addressee official for another 30 days.

How to compose

When drawing up a written complaint against a traffic police inspector, you should remember the rules for writing these types of statements:

• The header of the application indicates:
  Full name of the body to which the complaint is addressed;
• Address of this authority;
• Full name of the applicant;
• Applicant's address;

Grounds for filing an application for a traffic police officer

The norms of Russian legislation reserve the right of the driver to complain against an employee of the State Traffic Inspectorate in the event of a direct violation of his rights or interests.

The reasons may be:

1. Inappropriate behavior towards a motorist.
2. Violation of the norms of the Administrative Regulations of the Ministry of Internal Affairs of Russia.
3. Disagreements when drawing up a protocol or making a decision. This can be appealed separately.
4. Illegal refusal to register a car.

When making a complaint, the grounds should be clearly formulated and correctly indicate the violations of the traffic police officer.

What do you need to remember when writing an appeal?

• The statement is an official document, so emotionality will be unnecessary here;
• When writing a complaint, it is best to use a business style of communication rather than a conversational one;
• Insults, obscene language and slander are unacceptable, as this can lead to unpleasant consequences: A complaint against a traffic police officer will remain unanswered;
• Due to insults, a counterclaim may be filed against the driver;

How to write a complaint against traffic police officers to the prosecutor's office

The preparation of a document such as a complaint must take into account many factors that may influence the further development of events.

One of the most important tasks when writing a complaint is to state the subject of the complaint. When drawing up the text of a complaint against traffic police officers, you must indicate:

• what specific actions or inactions of inspectors caused the complaint to be filed;
• what, in the applicant’s opinion, should be the qualification of the events in which traffic police officers became participants;
• under what circumstances the event occurred;
• the time period that has passed since the incident;
• the degree of guilt of each of those who violated the law.

All these points require a very competent approach from a legal point of view.

At the same time, a complaint against the actions of traffic police officers must have some mandatory components. Otherwise, it will not play the desired role and will be completely useless.

Statement results

Having considered the applicant’s appeal, the higher authority makes one of the following decisions:

• No changes are made to the traffic police inspector’s resolution, and the applicant’s complaint is not satisfied;
• Changes are being made to the resolution of the traffic police officer;
• The traffic police decision is subject to cancellation, and therefore the proceedings in the case are terminated;
• The decision is canceled and the case is subject to a new consideration.

To the Head of the MREO traffic police of Chelyabinsk

from Ivanov Ivan Ivanovich

living Moscow, st. Novorucheynaya, 2

Statement

Please let me know which vehicles are registered in my name and whether there are restrictions on deregistration of these vehicles. Please indicate all unit numbers for later filling out an application for writing off these vehicles.

Please send your answer to the address: Moscow, st. Novorucheynaya, 2.

Sincerely,

Ivanov I.I. ____________

Sample application for on-site inspection of a vehicle

Dear Sergey Anatolyevich!

I plan to deregister my GAZ21 car, license plate K567OR76, in the near future. I am not able to provide the car for verification of units at the State Traffic Safety Inspectorate, since the car has not been in use recently, the compulsory motor liability insurance has not been issued for it, the SOP and the title have been lost. I ask you to organize an on-site inspection of this vehicle, I can deliver the traffic police inspector to the parking lot (Moskovskaya St., 5) on my own.

Sincerely,

Ivanov I.I. ____________

Sample complaint against the actions of traffic police officers

Dear Sergey Anatolyevich!

I draw your attention to the unlawful actions of your employees. On June 10, 2010, I applied to the MREO of the State Traffic Safety Inspectorate of the Chelyabinsk Department of Internal Affairs to temporarily register my VAZ2101 car, license plate X777ХХ199. Inspector Sidorov, after reviewing my material, left to check the car against some database, after which he returned and said that it was not in the database where the car should have been placed after registration. And that I must personally go back to Moscow and demand from the traffic police, where the car was registered, so that the information appears in the database. At the same time, inspector Sidorov returned the documents to me without making a decision on registration, and without issuing a written refusal to register, which contradicts the Registration Rules approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 1001. In addition, the Registration Rules regulate that checks during registration actions should be carried out by the traffic police, I do not have the opportunity to personally go to Moscow and prove something to the Moscow traffic police. I ask you to investigate this fact and punish those responsible. Please send your answer to the address: Chelyabinsk, st. Novorucheynaya, 2.

Lawsuit and complaint to the prosecutor's office against the traffic police

The type of application must comply with the provisions of the Code of Civil Procedure and not contain profanity or grammatical errors. A weakly substantiated claim will be returned, refused to be accepted or given a period to correct errors. The text of the application is written in any form, but the document must contain the following mandatory information:

• name of the court;
• applicant’s personal data, contacts;
• details of the defendant, including his official position, badge number and affiliation with a specific unit;
• description of the conflict and illegal actions of the inspector;
• provisions of the law, Code of Administrative Offenses, Traffic Regulations and other legal regulations;
• road protocol;
• the plaintiff's justified claim;
• documents and witness statements;
• signature and date of the application.

Depending on the circumstances of the litigation, additional information may be required at the request of the court. The information provided must contain truthful information that can be proven. The rules for collecting information and writing a claim are known to a lawyer who is constantly involved in processes. It is best if the case contains recordings from the registrar or testimony of eyewitnesses.

If the driver wants to prove the inspector’s guilt, he must independently conduct an independent examination or petition the court to do so. Sometimes the testimony of the registrars and the examination carried out remove all the questions the court has for the parties to the dispute.

The application to the court must be supported by a receipt for payment of the state fee. The fee is 15% of the regional minimum wage.

The winning party has the right to file a claim for reimbursement of the costs incurred in the case before the process is closed. The losing party pays the costs, the amount is determined by the court. These may include costs of legal proceedings, attorney fees, travel and hotel expenses. Litigation over the illiterate actions of traffic police officers is lengthy and requires the participation of an experienced lawyer. Professional knowledge will help you obtain the optimal court decision and recover maximum compensation from the opposing side.

Download samples of complaints about unlawful actions of traffic police officers