After pronouncement of the resolution by court on the case of an administrative offense the person participating in business, or the lawyer have the right to make the complaint. The document goes to higher judicial authority or other instance in the cases specified in article 25 of the Civil and procedural code of the Russian Federation. It is necessary to submit the complaint within ten days from the moment of delivery of the resolution on business.
It is required to you
- Civil and procedural code of the Russian Federation;
- the resolution on the case of an administrative offense;
- requisites of the body which issued the decree;
- requisites of court in which the complaint is made;
- claimant's requisites.
The sponsor of placement P&G Articles on the subject "How to Write the Complaint to Court about an Administrative Offence" How to appeal against the resolution of GAI How to make the appeal in court How to restore a term of the supervising complaint
In "cap" of the complaint write the name of judicial authority, the address of its location. If you appeal against the resolution of the regional judge, address the document in regional court. If the complaint to the solution of the last is formed, specify the name of judicial authority of the republic. In case of the appeal of the issued decree joint body, address the document in district court in a place of its stay. Be guided thus by article 25 GPK Russian Federation.
Enter the personal information, registration place address. To appeal against the resolution of court or other authorized body the face on whom administrative punishment, and also the lawyer is put has the right.
Specify the name of judicial or other authority against which resolution you appeal. Enter personal information of the claimant, his address of a residence.
Write the name of the document capital letters. Then specify number, the main point about an administrative offense. Enter number of the resolution against which you appeal, the name of body which passed the decision on business.
Specify, in what administrative punishment you are involved according to the resolution. Write, for what offense the penalty is imposed.
Write, for what reasons you consider punishment unreasonable. Consider that it is necessary to attach documentary proofs of your correctness to the complaint. Therefore refer only to the lawful bases.
Enter a request for cancellation or change of the resolution on the case of an administrative offense. Specify requisites of the resolution and a type of the penalty imposed on you.
Write date of drawing up the complaint, put the signature. Attach to the document the resolution to which you referred above, and documentary proofs which are the basis for the appeal. Make the complaint within ten days from the moment of obtaining the resolution.
The judge after obtaining the complaint is obliged to notify body which carries out collecting, and to suspend performance of the resolution. The document is attached to case papers and considered within ten days from the date of writing of the complaint.