Statement of claim for unlawful actions of a traffic police officer

Rules for filing a complaint against the determination of a traffic police inspector

Next, we will analyze how to file a complaint against a traffic police inspector and how to prepare certification materials. All the evidence against the traffic police officer that is available, for example, a video recording from the registrar or an audio recording of a conversation on a voice recorder, eyewitness testimony - all of the above can be attached to the materials of the case against the traffic police inspector.

In the case of video or audio recordings, you can transfer them to a flash drive and attach it to the complaint. Testimony against a traffic police inspector requires separate documentation. In your appeal, you need to refer to a conditional person, indicate his name, surname and other information, incl. residential address, you need to request a survey of the person concerned. Describe what facts and events the designated citizen can confirm that he is related to the current situation.

In court, an official should be involved to question the witness. You can ask leading questions yourself, but only the testimony that will be provided by the witness with the participation of the court will be taken into account as evidence. The content of the complaint must be formulated clearly. All relevant facts have been mentioned. Emotional overtones of actions or events should be avoided.

In the header of the application, indicate the judicial authority to which the document is sent, the postal and actual address of the government institution. Next, information about the citizen who is filing the complaint - full name, place of actual residence, postal code, telephone number. Next, in the middle, write the name of the document “Complaint”, and then proceed to the content, in which the incident should be described, including all unlawful actions of the inspector.

In describing the conflict that occurred, it is worth adhering to certain rules:

the emotional coloring of events interferes with a real analysis of the situation. If the plaintiff describes the events, avoiding the exact facts, his pardon will not be analyzed, due to the fact that the court needs compelling reasons to punish the civil servant;
It's worth sticking to the facts. Move from one to another without assigning a qualitative assessment to the actions. The accusation must be substantiated and the arguments proven with the help of an application. For example, a traffic police officer conducted an unlawful search of the plaintiff’s vehicle. Security cameras in the car recorded this. In this case, you can claim that there was an illegal search of the trunk of the car. In circulation, you need to move from one fact to another in chronological order;
at the end of the document - full name, date, and signature.

Illegal actions of traffic police officers

The driver and the safety representative are the two main characters on the road. One is called upon to ensure safety on the road, the other to comply with all the rules relating to it. Their meeting takes place on territory that is controlled by one and used by the other. The law defines the rules of conduct for both persons on the road.

The correct behavior of each character.

Driver:

is obliged to stop his vehicle at the request of the inspector;
wait for the traffic police officer to approach and stop him;
must present a driver's license and vehicle documents to a road safety inspector.

A state traffic safety employee on the road after stopping a vehicle must:

approach the driver of a stopped vehicle and introduce yourself;
inform the reason for stopping this transport;
show your documents upon request of the vehicle owner.

Important! Having stopped the car, the patrol officer is obliged to indicate to the driver which traffic rules he has violated. After presentation, the employee has the right to demand the necessary documents from the driver.

Disagreements between the main actors in road traffic may be the result of a driver’s violation of existing rules of conduct on the highway or illegal actions of traffic police officers or their abuse of official authority.

How and where to file a complaint?

If the complaint is approved, it can be added to the case at the prosecutor’s office if it is filed against the traffic service officer who violated the rights. You can also attach a written examination of the involved eyewitness, designating it as an attachment. Also attach other evidence, together with eyewitness testimony; they must be indicated in the application and numbered.

If the evidence cannot be obtained independently, for example, a video camera is located on the building of a bank or any other institution, and these materials cannot be requested without the appropriate level of access, you can still refer to them. In the letter, indicate that it is considered necessary to make an appropriate request to obtain additional information about the inspector’s offense. During the trial, the court will independently provide all materials. In your statement, it is important to accurately indicate the time of the civil servant’s unlawful actions, down to the minute.

When drawing up a statement, you need to do everything possible to ensure that it is interpreted in favor of the victim from the traffic police officer; all the evidence that is available should be provided and attached to the letter. When filing a complaint, provide the details and fill out the header correctly. Judicial practice knows such cases when the petition was not accepted due to the fact that the citizen did not sign the document. It should be understood that in this case the complaint against the actions of the traffic police inspector will not be examined.

You can also complain about the actions of a traffic police inspector electronically. There is no provision for a signature, but the contents of the document will be reviewed. This can be implemented on the official website of the prosecutor’s office or another department. Filling out electronically is easier and more convenient than filling out by hand. Applications can be sent to several departments at once, which will be subject to investigation more efficiently.

Among them:

the head of the traffic police inspector;
district prosecutor's office;
go to court.

At the same time, you can challenge the decision to impose a fine, and not just exact a response for the actions of the direct traffic police inspector. There is a difference between exacting an answer for the actions of an inspector and for the resolution he put forward, since in the first case it is more difficult to protect your rights than when there is evidence of an unfair verdict signed by the inspector.

The content of a complaint against a traffic police officer is not formulated in a standard manner at the legislative level, there are no rules for drafting, and therefore, when writing this document, it is worth proceeding from sample statements of claim.

Once sent, the letter will be processed within 30 days. You can write a complaint to law enforcement agencies with the help of a lawyer, or on your own, the main thing is that its content meets the requirements of an official business style of presentation.

Sample complaint against a traffic police officer to his senior management

There is no general application form for a complaint to the boss of the offending employee.

When writing, you should rely on Article 131 of the Code of Civil Procedure of the Russian Federation, which describes how the application should look like.

First of all, remember that a complaint is written in the same way as a statement and should consist of three main parts:

Introductory. This includes the “header” of the document. Be sure to find out the full name of the body where you are filing the complaint, and the initials of the chief. Don't forget to include your full name, residential address and contact phone number. After the “header”, in the middle of the line, write the name of the document, without quotes and a period – in our case, “Complaint”.
Content, or main part. Here you must reveal the whole essence of your appeal. Indicate all information regarding illegal actions or inactions of the traffic police officer, enter all his data that you know.
Final. Don't forget about the documentation base here. Indicate where you have already contacted to solve the problem, who witnessed the violation, what materials are available - these could be photographs, videos or audio recordings. It is better to include all documents in a list. At the end, be sure to put your date and signature with a transcript.

Examples of complaints to senior management of a traffic police officer:

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

1) Complaint regarding illegal actions:

When writing in the header of the document, indicate the full name of the boss and the name of the department to which you are applying.

You can also simplify the form without specifying your requirements - as, for example, in court, you just need to write: “I ask you to look into this situation and bring the offender to justice.”

2) Complaint about the inaction of a traffic police officer:

3) Complaint about an administrative violation:

What you need to know before going to court

How to appeal a traffic police decision in court? Before going to court, it is advisable to consult with auto defense lawyers. A competent lawyer is able to assess the chances of making a decision in favor of the car owner at first glance at the document. The Code of Administrative Offenses of the Russian Federation establishes a 10-day period for filing an appeal.

The starting point is the date of the decision, if it was delivered personally by the inspector, or the date of receipt, if it was sent by registered mail. If the deadline for filing a complaint has been missed, you cannot challenge the penalty. In the case of a documented valid reason (illness, long business trip), the period for appeal can be restored by the judge.

If a complaint is filed with the court against the decision of a case regarding an administrative offense of the traffic police:

it is submitted at the place where the accident occurred;
the driver lives in Moscow, but committed a violation in Khabarovsk. This means that the appeal will have to be handled in Khabarovsk. Proceedings in such cases take place in district or city courts.

Hint: on the back of the resolution with the fine it is indicated in which city (district) this punishment is being protested.

Rules for writing and samples of complaints against a traffic police officer to the prosecutor's office and court

A statement to law enforcement agencies or a court is almost the same.

Take into account the requirements listed in Articles 131-132 of the Civil Code of the Russian Federation, and follow these rules when writing a complaint:

At the beginning, on the upper right side of the sheet, indicate the full name of the institution or authority you are applying to. Don't forget to include your address and contact information.
Describe briefly but clearly what happened. Enter all the necessary information.
Indicate what damage was caused due to the violation.
Describe where you have already applied and to what authorities.
State your requirements.
Prepare a documentation base, list all the materials confirming what happened.

Sample application to the prosecutor's office:

Examples to court:

Writing an application to the court and prosecutor's office is a complex process. The main thing is to write a statement without errors, corrections, with a full description of the violation that occurred.

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Reasons for submission and examples

The right to complain about unlawful actions or inaction of a police officer is enshrined in the legislation of the Russian Federation; according to these provisions, it is permissible to contact the appropriate authorities when such situations arise:

Incorrect behavior of an employee, for example, if the driver is given a sign to stop driving, and the traffic police officer, without presentation or any explanation, demands to present documents, without having grounds for such a requirement;
Failure to comply with the norms of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation, when an employee acts contrary to his powers and regulations in his job descriptions;
If disagreements arise when drawing up a protocol or making a decision, for example, when an employee draws up a protocol on a violation of traffic rules, and the driver has his own opinion on this matter, such an action can be challenged with a separate complaint;
In addition, the traffic police inspector may demonstrate not only discourteous or improper performance of duties, but also complete inaction, when he completely refuses to respond to an offense on the part of the driver, does not want to draw up or superficially draws up a protocol.

Sample complaint against a traffic police officer.

Where to go

You can complain to several addresses:

To the immediate superiors of the driver’s rights violator, written appeal;
Call the traffic police hotline according to the region where the offense occurred;
A written appeal to the prosecutor's office or judicial authorities to bring the offender to justice, but it should be remembered that appealing to the judicial authorities, despite the ineffectiveness of this option, is fraught with costs.

You can find out where to go if you appeal the actions of the management company here.

Rules and instructions for drawing up a document

When forming a document, the injured person must understand that the legislator has not established the form of the complaint; it is necessary to adhere to the generally established rules for forming the paper and seek the help of a lawyer so that it is endowed with legal force.

This is important to know: Statement of battery to the police: sample 2021

Important: the appeal should describe the essence of the issue in detail.

In addition, it must have the following points:

Addressee data – details and name of the institution, full name of the official to whom the appeal is made;
Information about the person applying – full name, residential address, postal information and contact details;
Next, you should indicate in detail all existing information regarding the troublemaker - his full name, position, personnel number and other information. In addition, it is important to indicate the license plates of the license, badge, car that was used by the person during the execution;
Describe in detail everything that happened, indicate in as much detail as possible the day, time of the event, section of the road;
Compiler's signature and date.

The document must be formed in accordance with the requirements for drawing up business papers; it must have the following structure:

hat;
Name;
The main part with a description of the event and claims;
Final – indicating references to legislative acts, signature of the compiler and date.

How to draw up and what a complaint against a bailiff contains - read the link.

When drawing up a document, the following standards should be used:

Maintain a businesslike, restrained style, without showing emotions, using exclamatory phrases or friendly sayings;
Try not to make punctuation and grammatical errors;
Make references to legislative acts; a competent specialist with a legal education will help with this;
Do not use insults or labels of any kind towards your opponent, do not describe your conclusions and conclusions.

In addition, it is important to attach documents such as:

Photos and videos of the incident;
Expert and medical opinions;
Testimony of witnesses.

Complaint against the actions of a traffic police officer.

Review period

If the appeal is addressed to the boss of the rude person or the message is made by calling the hotline, the response period is 10 days.

The application is considered in accordance with generally accepted standards for processing citizens' appeals within a month; at most, the applicant can receive a court decision after 2 months.

In addition, during the consideration of the application, the applicant may be contacted with clarifying questions, and he must also receive an answer in an official form.

How long does it take to consider a complaint against banks? Read the publication at the link.

If appealing to higher management is not effective

If there is no response from the employee’s superiors to the victim’s complaint or the response he receives does not have a satisfactory result, you can file a complaint with the prosecutor’s office.

Advice: it is better to send the document in a valuable letter with an inventory of the contents.

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

The document will be considered within a month, during which the prosecutor’s office will conduct an investigation into the citizen’s appeal.

After that, he will receive a positive or negative answer.

Compilation and application

If there is an appeal to higher structures, the complaint form is standard. It is necessary to indicate all the required details so that it is clear to which authority, to whom and from whom the complaint is being made. And most importantly, who is the victim complaining about, and for what reason?

An important point in such a case is witness testimony; it should be remembered that car passengers can be passengers under any circumstances.

In addition to the details and description of the case, the document must clearly state your specific requirements.

It would not be superfluous to attach all kinds of evidentiary documents, including the conclusions of independent experts. The document must contain references to legislative acts.

Here you will find out what documents need to be attached to the complaint against the clinic doctor.

How to properly file a complaint

Each road situation has individual characteristics. But certain examples of appealing a traffic police decision in court still exist. Complaint to the court against a decision of the traffic police - a sample can be downloaded from the traffic police website or from the court website. The document must be signed by the applicant.

A correctly completed application contains an introductory (“header”), descriptive, motivational and concluding parts:

In the upper right corner of the document the name and address of the judicial authority, the applicant’s data (full name and address) are indicated.
The document has the title “Complaint against a decision in a case of an administrative offense.”
The description should begin with the details of the contested resolution (date and number), an indication of the article of the Code of Administrative Offenses of the Russian Federation, and information about the imposed punishment.
Next, you should indicate the reasons why the decision should be cancelled.
There is a request to cancel the decision.
The attached documents are listed.

Appealing the traffic police decision in court (sample) contains a reference to the need to present compelling arguments to cancel the penalty. The arguments depend on the circumstances of a particular traffic situation.

Article 24.5 of the Code of Administrative Offenses of the Russian Federation sets out the main reasons for removing a fine:

The fact of violation has not been proven. The traffic police representative does not have any documentary evidence other than the words of the inspector.
The act is not an offense (no offense). For example, after selling a car, fines are imposed on the former owner.
The violation was committed when absolutely necessary. The damage from one incident is significantly lower than it could have been from another (having sharply braked in front of a child who had jumped out, the driver drove into the oncoming lane).
At the time of appealing the punishment, the law canceled sanctions for this action.
On the date of imposing the penalty, the statute of limitations for the offense had expired. For traffic police cases this is two months, for court proceedings - three.
You cannot punish twice for the same offense. Example: within a short time, the driver was fined by a traffic police inspector and recorded by a surveillance camera. One fine is subject to unconditional cancellation.
The violation has very little significance (the action did not and could not cause harm to anyone).
A traffic police officer violated the rules for filling out a protocol or resolution (for example, he made a mistake in indicating the location of the offense).

It is imperative to note a violation of the procedure for drawing up and issuing a resolution (if any occurred). For example, the car owner did not receive notice of the date, time, and place of consideration of his offense.

If the driver admits to having committed an offense and wants to achieve a reduction in the fine, then it is worth drawing the court’s attention to mitigating circumstances. Their list in the Code of Administrative Offenses is not exhaustive.