Sample complaint against the actions of a traffic police officer

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  • Possible violations by the traffic police
  • Where to file a complaint
  • Types of complaints against a traffic police officer
  • The procedure for appealing the actions of a traffic police officer
  • Sample complaint to the traffic police
  • Recommendations for compilation
  • The response received from the traffic police to the complaint

If your rights are violated by officials, a complaint is filed against the actions of the traffic police officer. These measures are being taken to ensure that there is no arbitrariness on the roads on their part, and that everything is based on the requirements of the law. But here it is important to understand not only where to apply, but also what the procedure is. And the complaint itself is given great importance, since it serves as the basis for making a legal decision.

Possible violations by the traffic police

To file a complaint, it is important to know the existing powers of traffic police officers, which they may exceed. Some of their actions will be instantly classified as illegal, and you can immediately issue a written statement of the established form. An employee has a large number of powers, but should he stop at the most basic ones?

  • Stopping transport if necessary. The ban is only at intersections, in dangerous places where visibility is noticeably limited. But even all this is very difficult and almost impossible to appeal and achieve justice. Of course, you can make a complaint, but it will not bring any results.
  • The right to demand that all documents relating to the car, including a driver’s license, be presented in person.
  • Confiscation of a driver's license occurs only in one case - when the driver himself is intoxicated.
  • Drawing up protocols, as well as drawing up decisions on the basis of which the driver is brought to administrative responsibility.
  • Checking the trunk and other compartments of the vehicle, requiring the driver to exit the vehicle. But even this requires compelling reasons, which include the presence of signs that the driver is intoxicated, the emergence of suspicions that the technical condition of the car is in good working order. This all points to a subjective assessment on the part of the traffic police officer. Thus, it is unlikely that it will be possible to appeal such actions by proving his inappropriate behavior on the road.

If the inspector carries out his activities within strictly established limits, then there is almost no point in filing complaints with the relevant authorities. You can do this, no one has the right to prohibit it, but the effectiveness will most likely be minimal or negligible.

About accepting applications on gibdd.ru

A post about an unsuccessful application to the traffic police and how the state traffic inspectorate treats the processing of personal data.

On August 7, 2021, on my way home from work, I witnessed, unfortunately, a classic situation:

It has long been interesting to check how the system for receiving requests on gibdd.ru works, and then this seemingly obvious violation of traffic rules turned up.

I filled out the form on the website, sent it and waited for a response.

Attached a message to the photo:

On August 7, 2021 at 10:37 in the city of Zvenigorod, near house No. 17 on Komarova Street, I witnessed how this white RANGE ROVER car with registration numbers A 002 ET (77 region) was parked at a pedestrian crossing, which created obstacles for pedestrians and violated the traffic rules, namely: clause 12.5 “Parking is prohibited in places where stopping is prohibited”, that is, according to clause 12.4, at pedestrian crossings and closer than 5 m in front of them. Code of Administrative Offenses Art. 12.19 part 3: “Stopping or parking vehicles at a pedestrian crossing and closer than 5 meters in front of it. “I ask you to bring this violator of the rules to administrative responsibility, in accordance with the norms of the legislation of the Russian Federation. Please provide an answer with the results within the time limits established by law.

I immediately received a response by email stating that the request had been registered.

:

Hello, Alexander. Your appeal to the Traffic Police Department of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region, sent on 08/07/2017 at 11:38, has been assigned an identifier 50-1003444645

. The appeal was automatically sent to the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region (129110, Moscow, Slesarny Lane, 1) for registration in the manner prescribed by Federal Law of May 2, 2006 N 59-FZ, and further consideration.

Almost a month later the answer came

(in short, you provided too little personal information, come in person, otherwise we don’t want to hang such an administrative matter on our conscience):

Please note the case number. It does not coincide with what was indicated at the beginning of the post. But the thing is that the answer did not come to my request.

. It does not contain my full name and e-mail.

Within 10 minutes another response

with the same content, now to my appeal:

Two conclusions can be drawn from this short story:

1. In accordance with current laws, the traffic police need as much of your personal data as possible

to punish even minor offenders.

2. But this personal data will not be particularly protected there.

— they will accidentally send them to someone (and why not to the offender himself?). And knowing the number of inappropriate people in the world (including on Russian roads), who knows what problems a conscientious citizen who contacts the traffic police will encounter.

Odintsovo is quite far from my city and does not coincide with any of my work routes. I have no desire to show up there at 9 am, which means the violation will go unpunished.

Dear Pikabushniki, what is your experience of contacting the traffic police? If it was successful, which turned out to be sufficient for this, share it in the comments.

Where to file a complaint

If you decide that the actions of the traffic police inspector against you were illegal, contrary to current legislation, then you can choose several options for contacting the appropriate authorities. After all, not everyone knows where to complain to the traffic police. The most popular and effective is the court. But it is not always worth resorting to such measures immediately. Initially, it will be enough to contact the management of this employee and write the appropriate document.

There is practically no point in verbally complaining about the unlawful actions of a traffic police officer, since you may not even receive an answer. Not to mention something more real. The bosses know everything about such inspectors and will try to shield them in any possible way and justify them in your eyes.

When contacting verbally, it will be very effective to use the traffic police helpline, where they will listen to you, clarify the necessary data and subsequently begin their official check. But the answer will definitely be given to you.

But if no possible methods bring the desired result, then all that remains is to write a complaint to the judicial authorities. Here everything will definitely be considered on its merits.

Another serious authority that performs supervisory functions over the work of the Ministry of Internal Affairs system is the prosecutor's office. She is also empowered to consider complaints of unlawful actions by traffic police officers.

When choosing a recipient, you should pay attention to the degree of illegality of the inspector. He will be subject to disciplinary punishment by his supervisor, and within the framework of criminal proceedings - to the prosecutor's office. And if you want to consider his actions illegal, go to court. The best option is to write complaints to several authorities.

Photo or video

Photo or video recording is the most acceptable evidence of an offense committed by both the driver and the pedestrian. However, the most frequent complaints concern vehicle owners. Violations common among them are related not only to direct movement on the road within the framework of traffic rules, but also to parking and other nuances.

Recruitment by photo

The format of evidence in the form of photographs can be taken into account if the image is of acceptable clarity, displaying not only the fact of the violation, but sometimes also the date. In this case, the photograph should help identify a specific vehicle, which means that recording should be carried out using distinctive features. In this case, the fine will fall on the identified documented owner.

Requirements for photographs indicating a traffic violation:

  1. The car is in full view.
  2. The photo shows the car model, color and number.
  3. In the evening, you should use a flash to make the image clearer.

Moreover, if the offense is related to other objects or the environment, then the photograph should generally reflect the entire situation about which the average person decided to complain. For example, if the rule prohibiting parking on the lawn is violated (Administrative Code Article 8.25), the photo must clearly show damaged green spaces. The same applies to parking at a prohibitory sign, etc.

Recruitment by video

Video recording may be a more effective way to display traffic violations. Everything again depends on its quality. You can send an online complaint with such a file on the traffic police website, since this function is provided here along with uploading photos. As for specialized applications that help record traffic violations, only photographs are often relevant here.

Types of complaints against a traffic police officer

The relevance of the issue of appealing the inspector’s actions is also due to the fact that very large fines are most often issued. This is more relevant for the Russian capital. At the moment, applications can already be sent even via the Internet. This includes electronic appeal, which also has significant requirements. Online public reception is developing and becoming increasingly popular among the population. This is much easier to do, and it doesn’t take much time, there are no queues.

There is no complete and legally approved template for writing complaints about the actions of a traffic police officer. In this case, the application is drawn up in free form, which resembles a regular statement of claim. The most important thing is that all information regarding the events that occurred, as well as those violations that were committed by the inspector in your opinion, are displayed on paper.

Complaints about the actions of the traffic police can be found here.

The procedure for appealing the actions of a traffic police officer

All such appeals are considered within the framework of civil proceedings. To carry it out, the statement itself will be sufficient, indicating the need to recognize the actions of a law enforcement officer as unlawful and not in compliance with the requirements of the law. The same applies to the inspector’s inactions. If any harm was caused, then it is necessary to demand compensation in full, including moral damage.

Once a positive response is received, it will be possible to send it to the appropriate traffic police department where the inspector works, as well as to the prosecutor’s office. This is done so that disciplinary measures are applied to him.

It is worth remembering that in order for the court to begin considering your complaint against the actions of the traffic police inspector, you will need to pay a state fee, the amount of which is 300 rubles. When additional requirements are stated in the application, the amount of the fee may be increased.

Free legal advice over the phone will resolve any of your controversial issues if you have any complaints about the actions of a traffic police officer.

Algorithm for sending a request

In order to address your problem online, just go to the official website of the traffic police and follow a series of simple steps. To begin with, you should select a region if the request needs to be sent to the territorial division of the service (although usually the subject of the Russian Federation in which the applicant is located is determined automatically). Next you need:

  • Open the menu by clicking on any section at the top of the site, as shown in the image below.

  • Click the “Send a request” button.

  • Familiarize yourself with the procedure for submitting appeals, check the appropriate box and click the “Submit Appeal” button.

  • Fill out the proposed forms in the service that opens, enter the text of the request and click the “Submit” button.

  • Confirm that the data is correct (enter the code sent by email and check the box in the form).

After confirmation, the application will be sent to the address. The applicant will receive an email with an ID and a code to check the status of the application. This status is checked in a special service using the link. You will need to enter the code sent by email into the appropriate form and click the “Check status” button. After processing, the applicant will see the result. If the request has not yet been processed, the page will display the message “The request is being processed” or “Your request has been received by the Traffic Police Department. " Accordingly, if the request has already been considered, the applicant will see the long-awaited answer on the page.

Sample complaint to the traffic police

When writing a statement of claim, you should use the correct sample complaint, and also be guided by the requirements of civil procedural legislation. But there is no clear indication of how and in what form the complaint is submitted. Thus, it is best to take into account the general rules that are provided for this type of document. Among the main and very important details are:

  • The court authority you are applying to, postal address, and mail details.
  • On whose behalf the appeal is made. The full surname, first name and patronymic, place of registration, full address of residence, which may differ from each other, and any possible contact information (e-mail, home and mobile phone, fax, etc.) are indicated.
  • Information about the persons whose actions will be appealed. If possible, reflect the maximum known information about the inspector in order to identify him (last name, first name and patronymic, position, rank, place of work, badge number, certificate, information about the vehicle the inspector was driving, possible contact details, residence address and much more that will help the court consider the application on its merits).

As for the content of the complaint itself, the circumstances of the events that occurred, the place, time, date, and documents drawn up that may be attached to the application are indicated. The more reliable data and evidence is provided, the greater the likelihood of consideration in your favor. We have already presented a sample complaint about the actions of the traffic police above.

How to check a request to the traffic police by ID

Your appeal in the form of an electronic document will be considered in accordance with the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” (hereinafter referred to as the Law) and the order of the Ministry of Internal Affairs of Russia of September 12, 2013 No. 707 “On approval of the Instructions on the organization of consideration of citizens’ appeals in the system of the Ministry of Internal Affairs of the Russian Federation.”

The procedure for considering citizens' appeals established by the Law applies to all citizens' appeals, with the exception of appeals that are subject to consideration in the manner established by federal constitutional laws and other federal laws. It must be taken into account that applications received in the form of an electronic document are subject to consideration in the manner prescribed by the Law.

An appeal subject to consideration in a different manner includes, for example, a report of a crime, a report of an administrative offense, a complaint against a decision in a case of an administrative offense, etc.

When sending appeals regarding court decisions, you must keep the following in mind.

According to the Constitution of the Russian Federation, justice in Russia is carried out only by the court. The judicial authorities are independent and act independently of the legislative and executive authorities. Decisions of judicial bodies are appealed in accordance with the procedural procedure established by law. Current legislation prohibits any interference in the administration of justice.

Recommendations for compilation

The main part of the complaint is the most effective arguments for the court. When compiling it, you should be guided by certain recommendations that will help you write the document accurately and correctly. There is no need to show your emotions here, but you should write only to the point, without exaggeration. It is best to avoid the use of interjections such as trouble, yes, horror and others.

It would be a good idea to provide the written complaint to a lawyer you know. He will read it and give his assessment, based on the results of which some adjustments may have to be made. Instead of a lawyer, it will be enough to find a truly competent person who can find errors in the text.

In order not to waste a lot of time, you should not write by hand, but type on a computer, especially since high technologies are increasingly spreading in our lives. This will allow you to make some changes to the document before the final version. Even spelling errors can be checked correctly using smart technology.

It is not permissible to insult inspectors who, in your opinion, were wrong in your application. Yes, and postscripts in the form of a bribe taker or an idiot may no longer be regarded in your favor. After all, in this case all the signs of insult appear. And accusing a person of committing a crime will not be correct if it did not actually happen.

If you yourself do not have the right to present evidence of the illegality of the actions of a traffic police officer, you can petition the court to do so as part of the consideration of the case. The most important thing is that you cannot do this on your own. The petition itself displays information about where documents or other types of information may be located. This may also include recordings from CCTV cameras, DVR recordings in the inspectors’ car or nearby cars.

Witness testimony can also be critical. And these witnesses can legally be those persons who were in the vehicle with you.

In addition to the written complaint, all possible documents proving your case are attached. But they must be attached with an inventory and numbering. If the document is sent through the post office, then it is best to use registered mail along with a notification. Subsequently, you will be able to obtain information about which body received your complaint for consideration.

Where can I find out about traffic violations in the Russian Federation for free?

Several years ago, it was possible to find out about fines for traffic violations only by contacting the road safety inspectorate directly.

Now there are several ways to search for information about administrative offenses , which only require a computer or smartphone with an Internet connection. Next, we’ll tell you which website is best to view information about your fines for traffic violations, where and how you can find out for free, without commission or email registration.

Website of the State Traffic Inspectorate

To obtain information about fines on the official website of the traffic police, you will need a vehicle registration certificate. How to find out if there is a fine and how much the debt is:

    Go to the website using the link https://www.gibdd.ru/check/fines/ and select the required service.

Fill in the blank fields of the form using the registration certificate data and click the “Request Verification” button.

Public services

To check the presence of an administrative penalty through the gosuslugi.ru portal, you need to register on it. If you already have an account, you will need to perform several steps to find the information you need:

  1. Log in to your personal account (link in the upper right corner) using your phone number or SNILS and password.
  2. In the ".

Follow the link “Traffic Police Fines” and click the blue “Get service” button on the right side of the screen.

Enter the driver's license details (series and number of the license, date of issue and expiration date) or information about the car (license number, series and number of the vehicle registration certificate).

Wait for the test result.

Information about the debt on the official website of the bailiff service will be relevant if enforcement proceedings have already been initiated against the violator. This occurs if the fine is not paid within 60 days. To make sure there is no debt, you must:

    Go to the official website of the FSSP and select the required service “Data Bank of Enforcement Proceedings”.

Select “Advanced Search” and fill in the empty fields (full name, region), click the “Find” button.

After some time you will get the result.

You will learn more information about searching for fines through enforcement proceedings in this article.

Service Autocode

The site was created with the support of the Moscow government to facilitate interaction between vehicle owners and the traffic police. To check the presence of debts for collection on a car in Russia, the driver will need to perform the following steps:

  1. Go to the website link https://avtokod.mos.ru/.
  2. Open the “Fines and Violations” tab and select “Check and pay fines.”
  • Fill in the empty fields of the form using the car registration certificate, driver's license or administrative violation number.
  • Click the “Check” button.

    Sberbank Online

    The service of checking a car for the presence of penalties is available to holders of Sberbank Bansk cards registered in the Internet banking system. How to find out if there are fines and when was the last one if you have Sberbank Online:

    1. Go to online.sberbank.ru and log into your personal account.
    2. Switch to the “Payments and Transfers” tab.

  • Select the section “Staff Police, taxes, duties, budget payments”, and in it - the subsection “Staff Police”, then the item “Fines”.
  • Select , enter the details of your driver’s license or vehicle registration certificate, click “Continue”.
  • Read more about checking traffic police fines through Sberbank Online here.

    Yandex money

    Algorithm of actions when checking fines through Yandex.Money:

  1. Log in to your account on the website https://money.yandex.ru/.
  2. In the left menu, select “Payment for services”, and then select the “Fines” section.
  3. Enter the details of the vehicle registration certificate or driver's license and click the "Check" button.

The response received from the traffic police to the complaint

Once a complaint to the traffic police is accepted, there is a set period of 30 days for its consideration. You will need to receive a written response about the decision made: recognition of the inspector’s actions as illegal, recognition of the complaint itself as unfounded.

But even if you are not satisfied with the answer received, you have a ten-day period to appeal the decision. True, in addition to this, it is best to find some other important evidence, as well as provide testimony in your favor. It would also be a good idea to take advantage of free legal advice over the phone from professional lawyers.

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What are the deadlines for processing applications to the traffic police?

Reception (consideration) of applications from citizens to the traffic police is regulated by the following legislative acts:

  • No. 59-FZ dated 02.05.2006;
  • Order No. 707 of the Ministry of Internal Affairs of September 12, 2013

All requests received by the traffic police are registered within 3 days. The legislation gives the right to consider each within 30 days. In some cases, this time is not enough, then the department can extend the period for another 30 days, but is obliged to send the citizen a corresponding notification.

Attention! If you want to contact the traffic police regarding events that threaten personal and public safety, call 102! Otherwise, a standard answer will be given within the period established by law.

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