The penalty as administrative punishment, is imposed on the violator of traffic regulations of the Russian Federation by removal by the staff of bodies of traffic police the resolution on the case of an administrative offense. Such resolution can be appealed in the order provided by the Code of the Russian Federation on Administrative Offences.The sponsor of placement P&G Articles on the subject "How to Appeal Against a Penalty of GAI" How to write the complaint to court about an administrative offense How to appeal against resolutions How to restore a term of the supervising complaint
The resolution of the employee of traffic police about imposing of administrative punishment in the form of a penalty is subject to the appeal to the higher official or in court (it is more exact - in district court of the city in a place of imposing of a penalty). And the pre-judicial address with the complaint to the head of body of traffic police is not obligatory.
It is possible to make the complaint to the specified resolution within 10 days from the moment of its removal. This time joins both days off, and holidays. Therefore if you did not manage to keep within till 00:00 the last day of term, it is necessary together with the requirement to cancel the appealed resolution, to ask court or the official to restore the passed term. And if the reasons of the admission were valid, for example, stay on treatment in hospital, the complaint will accept to production.
The resolution on imposing of a penalty is appealed as Hl. 30 Codes of the Russian Federation on Administrative Offences. The complaint on the case of violation of traffic regulations of the Russian Federation has to contain the following obligatory data:
- specify the name of court (a position of the head of body of traffic police) to which send the complaint, and the data (a full name and the residential address) in the right top corner;
- below, in the name of the document, write "The complaint to the resolution on the case of an administrative offense No. … from …";
- begin the main text of the complaint with, where, when who issued the decree, on what circumstances. Here you state the facts recorded in this resolution;
- then the statement and justification of yours a position on business follows. You have to write not simply that consider the appealed resolution illegal, and to support the arguments with references to the law which was broken or incorrectly applied when imposing on you of a penalty, and also available for you the proof (documents, indications of witnesses, record from the video recorder, etc.);
- in the pleading part separated from the main text by the phrase "on the basis of stated, I ask: …", state your request addressed to court (official). In the complaint you can ask to cancel the resolution and to send business for new consideration, to cancel the resolution and to stop proceeding, etc. (see Art. 30.7 of the Code of the Russian Federation on Administrative Offences);
- at last, the complaint has to contain a list of the documents attached to it.
You can directly file a lawsuit the complaint or to the higher official or through the person, it taken out. In case of a choice of the second option the complaint will be quicker appointed to consideration as (official) it will already come to court with all materials, and there will be no need to do additional inquiries. The complaint to the decree on imposing of a penalty issued by the staff of traffic police within 10 days from the moment of receipt in court (the higher official) is considered.