Material checked by Expert: Anastasia Tabalina
Experienced lawyer, auto lawyer. Legal assistance in case of deprivation of a driver's license.
Traffic police officers are responsible for law and order and discipline on the roads and are also obliged to comply with the rules established by law. In the event of a controversial situation, every citizen should know where and how to complain about the traffic police, because sometimes the actions of road inspectors are not entirely legal. It is very important to respond in a timely manner to the illegal actions of a government official in order to prevent similar situations in the future.
What are the powers of traffic police officers?
To avoid awkward moments, you need to know what powers and restrictions are vested in representatives of this government body:
- Each guard may require to show him documents certifying the ownership of a vehicle and a driver's license.
- The inspector has the right to temporarily confiscate these documents if the driver’s intoxication is proven.
- A traffic cop can stop a car only in a place that does not contradict traffic rules. If there is a “no stopping” sign next to the patrolman, the patrolman’s actions are considered illegal.
- The inspector has the right to ask the driver to show the contents of the trunk when there are objective reasons for this (for example, a signal was received about the possible transportation of drugs).
If one or more of the above actions were applied to the driver, then there is no point in complaining about the employee.
Attention:
If the applicant is convicted of libel, he will face criminal liability.
Complaint about unlawful actions of traffic police officers
Complain about representatives of the internal affairs department to senior management or the prosecutor's office. But before you write a statement, you need to find out whether the traffic police inspector really committed unlawful actions.
It is necessary to point out that traffic cops have fairly broad powers. In this connection, it often happens that the complaint is not relevant and the supervisory authorities take the side of the police.
At the same time, all actions or inactions of the inspector are regulated by law. However, there are a lot of laws that serve as rules of conduct for traffic inspectors.
It is quite difficult for a vehicle driver to constantly monitor various changes in legislation.
Therefore, it is best to contact a lawyer and consult about whether in this particular case a complaint against the actions of a traffic police officer is needed to the prosecutor’s office.
Expert commentary
Vladimir Roslyakov
Lawyer. More than 12 years of experience.
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The article will reveal some of the most common cases of violations committed by traffic police officers. This should help to understand the essence of the problem and make a decision about writing complaints about the police work.
What could be a reason for complaints?
There are many potential situations in which the truth remains on the driver's side. Moreover, the reason for a complaint can be not only an attempt to break the law, but also the unjustified inaction of a traffic cop in a critical situation.
The most common employee violations:
- Any groundless violation of the rules established by law (except for the performance of official duties, for example, chasing a criminal);
- Requiring the driver to stop in an unauthorized/prohibited place, unless this is required by clause 88 of the statutory regulations.
- Unlawful interference in personal space and inspection of a citizen’s personal property;
- Violation of the rules for conducting a driver examination for alcohol or drug intoxication.
A claim made against an employee will be valid only if the guard has documented and issued a corresponding decision. All complaints are considered exclusively in court with a thorough verification of the details of the incident. If it is proven that a police officer violated the law, then all fines and arrests against the driver will be automatically canceled.
Procedure and rules for drawing up and filing a complaint
In order for a complaint filed against a traffic police officer to be accepted for consideration as having legal grounds, when drawing it up, it is necessary to take into account the following rules provided for in Articles 131 and 132 of the Civil Procedure Code of the Russian Federation:
- it is necessary to indicate exactly the legal and actual address of the location of the authority to which the appeal is made to consider the complaint;
- In describing the reasons for filing a complaint, you should briefly but fully describe the current situation . In this case, one should refer only to those circumstances that are confirmed in the form of facts, or for which there is confirmation in the form of documentary recording, for example, recordings from a video recorder that was in the car of the victim of the inspector’s actions;
- when drawing up a complaint, it is necessary to formulate what the damage is from certain actions or inaction of a specific official;
- indicate which requirements based on the results of consideration of the submitted complaint must be satisfied (requirements should be listed in the form of a list, if there are several of them);
- indicate in what form the complaint should be considered (in the presence of the person submitting this document or without it), as well as in what form the response should be given to the applicant (in writing and sent by mail, sent by email, etc. .);
- compile a list of documents serving as evidence on the fact of the violation committed, in respect of which information is submitted in the form of a complaint.
A sample complaint about the actions or inaction of a traffic police officer can be downloaded from the link.
The following methods of filing a complaint should be considered:
- personal , when the complaint itself with all accompanying documents is submitted to the reception of the head of the unit or battalion and receives a second copy with a mark on the date of acceptance;
- by means of a registered letter with notification and a list of attachments , when the fact of receipt by the addressee of the complaint is a returned and marked receipt;
- using a special form on the traffic police website , where you can enter information about the fact of a specific violation.
However, it should be understood that in each case of filing a complaint, it is necessary to confirm the commission of a particular misconduct or offense on the part of the traffic police officer using a special package of evidence, which may include:
- copies of resolutions imposing fines for traffic violations;
- copies of protocols on violations committed in terms of compliance with traffic rules, which were drawn up in relation to the person filing the complaint;
- video recordings that record facts of unlawful actions, in the opinion of the person who filed the complaint;
- information about possible testimony , as well as about persons who may be brought in as witnesses.
The filed complaint is considered on the basis of the provisions of Article 30.5 of the Code of Administrative Offenses of the Russian Federation within a period of no more than 10 days from the date of its receipt by the authorities to which it is filed.
If we are talking about filing an application with the judicial authorities, which will conduct an investigation into the fact of the identified violation, then this period is increased to thirty days.
Telephone numbers where you can make a complaint
During the reorganization of the work of government bodies, the State Traffic Inspectorate created a toll-free line for citizens to contact them by telephone. This number is intended both for complaints about traffic police and for clarifying information about violations and fines. The call is completely free for residents of any region of the Russian Federation, and all conversations are recorded for security purposes.
Question:
Can I be refused consultation if I contact the hotline from outside Moscow?
Answer:
Employees of the traffic police trust service are obliged to accept each application for consideration and provide qualified advice on all issues that arise, regardless of the region of residence.
Where and how to complain
The easiest way is to immediately call the hotline number indicating the name and position of the employee who has exceeded his authority. The fact of the violation will be recorded and at the same time an internal audit of the inspection employee will begin. In addition, you can submit an application to the following authorities:
- Prosecutor's office - if it is necessary to bring a police officer to criminal liability;
- Court - if you need to prove the illegality of actions on the part of the state traffic inspector and cancel their consequences;
- Control and preventive department of the traffic police - to conduct a thorough internal check on the employee.
- Reception area of the regional ombudsman - if there is an obvious corruption conspiracy.
In order for the application against the violator to accurately achieve its goal, it is better to use a paper version of the form and personally take copies to each authority.
How to properly file a complaint
When drawing up a written request, you must indicate:
- Clearly formulated complaints against the traffic police officer;
- Reception address and personal details of the person in charge;
- Copies of written statements of witnesses and photographs of evidence, if available;
- Applicant’s passport details, personal signature and date of document preparation.
If there are witnesses to the incident who are ready to speak in defense of the applicant, then their testimony should also be used.
On a note:
Ready-made forms can be downloaded from the official website of the traffic police or you can draw up the document manually. It is also possible to file a complaint online against the actions of a law enforcement officer.
You can download a sample complaint in pdf format.
The text should be as informative and understandable as possible, without expressing personal emotions. The actions of the employee who violated the rights of a citizen are listed in order and then the desired result is indicated (recognize the fine as invalid, apply disciplinary punishment to the employee, etc.).
Complaints containing threats and obscene language will not be accepted for consideration without providing reliable information.
How to write a complaint to the inspector's superiors
To do this, just apply and print it in two copies. The completed papers must be taken to the nearest traffic police department located at the place of the offense. The employee on duty is required to stamp both forms and take one copy to hand over to the manager.
You can also use a special section for submitting citizens' complaints on the official website of the traffic police. The applicant must fill out an online form indicating the same information as in the written application. Please note that an anonymous complaint about Filing a complaint to the prosecutor's office
To draw up an application to the prosecutor's office, you must follow the same rules as in the previous paragraph. When filing a complaint online, you should go to the website of the Prosecutor General's Office of the Russian Federation and follow three simple steps:
- Select from the list the region where the violation was recorded and the regional prosecutor;
- Fill in the fields with reliable information, starting from personal data and ending with a statement of the essence of the appeal;
- Check the box to consent to the processing of personal data.
Question:
If an accident occurred due to the fault of a state traffic inspector, is it possible to contact the prosecutor's office?
Answer:
in such a situation, it is better to go to court, attaching evidence of the guilt of the traffic police officer to the application.
Complaint to the State Traffic Safety Inspectorate
To receive complaints from persons who have suffered as a result of the actions of a State Traffic Inspectorate employee, there is an Internet appeals page for the Russian Ministry of Internal Affairs service. Among the authorities listed on the service, you must select the Main Directorate of Internal Security. The applicant will first be asked to familiarize themselves with the rules for submitting documents and possible criminal liability for libel.
You can download a sample complaint in Word format.
Submitting an application online to the reception office of the President of the Russian Federation
In this case, the victim must go to the appeal website, select the “write a letter” option and fill out the online form.
Note:
Among the proposed options, you need to select the addressee - “Administration of the President of the Russian Federation.”
Resolving a controversial issue through going to court
In this case, you can fill out the form using the official form or ask a qualified lawyer for help. The main requirement for the application is the availability of personal data of both parties, testimony of witnesses and a detailed description of the incident. Often the court orders an independent examination to clarify the situation. On its basis, the final decision on a controversial issue is made.
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.
What penalties apply to traffic police officers?
There are several bodies that regulate the activities of the State Traffic Inspectorate, these are:
- Investigative Committee of the Russian Federation;
- Prosecutor's office;
- Department of Internal Security under the Ministry of Internal Affairs;
- Persons holding management positions in the internal structure of the State Traffic Inspectorate.
Any of these bodies can use punitive methods of varying severity in relation to traffic police officers. In addition, every disciplinary action against a traffic cop is entered into his personal file.
Time frame for considering a complaint against a traffic police officer
According to the Federal Law “On the Procedure for Citizens to Appeal to State Bodies,” the period for considering complaints from the population is 30 working days from the date of filing the application. In some cases, this period may be extended by another 30-40 days.
Question:
How do I know if my application has been accepted for consideration or not?
Answer:
To track the status of the application, you need to use the contact phone number or website of the organization to which the complaint was filed.
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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