What is a petition and what is it regulated by?
At its core, a petition (hereinafter also referred to as “hoda”) is a request. It is declared in writing to the traffic police inspector on the road or to the judge who is considering the case. The procedure itself in the legal community is called a “petition.” That is, the person submitting it petitions for something - asks for something from a traffic police officer or a court.
It is not a complaint - you should not write in it about illegal actions, or describe the current situation - whether you are subject to a fine or deprivation of your license or an accident. It is this petition – which one – that determines the type of this document, which we will talk about below.
As of 2021, only one normative act regulates it - article 24.4 of the Code of Administrative Offenses of the Russian Federation.
What types are there?
The type of petition depends on what exactly you are requesting in writing. And their list is not established by law - in fact, you can apply for anything.
But the most common types are:
- a petition to consider the case in the absence of the plaintiff (in civil proceedings - for example, after an accident),
- about consideration at the place of residence,
- about hiring a lawyer,
- on the restoration of missed deadlines for appealing the decision,
- to restore the missed deadline of 20 days to pay the traffic police fine at a discount,
- on the postponement of consideration of the case due to the personal circumstances of the person involved or another person (witness, understandable),
- on the inclusion of evidence in the case materials (video recordings from the recorder or external cameras, witness testimony and other data),
- about familiarization with the case materials,
- on imposing a minimum punishment (when the sanction of the Code of Administrative Offenses of the Russian Federation provides for a range of punishments - for example, in the form of a fine of 5,000 rubles or deprivation of rights),
- on reducing (reducing) the fine if the standard of punishment provides for a “fork” of amounts (for example, a fine for driving without a license is from 5 to 15 thousand rubles, and the traffic police inspector on the road sets the maximum amount),
- on replacing punishment with a warning or verbal reprimand,
- on the appointment of an examination on the circumstances of the case,
- on deferment/installment payment of a fine (submitted to the judge),
- about summoning witnesses to court,
- about the possibility of videotaping or audio recording in the courtroom,
- a petition from the prosecutor to seize property within the framework of the court.
How to make a petition
The recommended type of petition is written (handwritten or typewritten), but oral form is not excluded, for example, during a court hearing.
The petition is written in free form, but must have a structure typical for such documents:
- It starts with a header in the upper right corner, where they indicate where or to whom this application is addressed and from whom (full name, address, telephone number), case number.
- Then in the middle they write the name of the document, for example, a petition for non-deprivation of a driver’s license.
- Description of the details of the administrative offense: date, information about the car and driver, address of the scene of the incident, circumstances of the offense (what happened, what articles were violated).
- Indication of the reasons why it is necessary to reduce the punishment, or a message about the presence of witnesses or additional materials proving the driver’s innocence (in the case of an accident).
- Formulation of the request. You must immediately indicate the form of punishment if the petition is written to mitigate punitive measures.
- The following is a list of attachments to the document. We have indicated above what documents can be attached as evidence.
- The document is completed by the date of filing the application and the signature of the applicant.
- If the application is submitted by the driver’s employer, then a stamp can be affixed.
- It is necessary to adhere to the official business style of presentation, not to use colloquial and colloquial expressions.
Important! If the petition is written by the head of the organization where the offender works, then it is necessary to use letterhead with the company details.
You can submit a document at any stage of the case: at a court hearing, when preparing documents for the court, or at the very beginning - at a meeting with the traffic police, after the judge’s decision (when filing an appeal). The paper should be sent to the body where the case is currently being considered: the traffic police or the court.
Application form, sample and examples
The petition does not have a specific approved form or sample. The document is written in free form by hand with a pen, pencil, marker - anything of any color. The main thing is that it contains your signature, indicates who it is being sent to, and is legible. Otherwise, you will simply be denied its satisfaction.
But the main thing is that if you need to write it to a traffic police officer on the road, then this must be done very quickly. Therefore, we strongly recommend that you print out the so-called “fish” - all the necessary basic data, and fill out the essence and to whom it is sent on the spot. Below we will provide a general sample of a petition and then you will learn what to write for each type and why there is so little time to submit this document.
General sample
So, the application must indicate:
- to whom and from whom it is declared (cap),
- what is being stated and on what basis,
- the petition itself (text of the petition),
- signature and date of submission of the document.
This is what a typical example of a “fish” petition looks like without its essence stated:
Here is a correctly completed sample of this form:
in DOCX format. Or the same form in PDF format.
We gave an example of a “motion” to postpone the consideration of a case due to the need for legal assistance in the form of a defense attorney or attorney. Now let's look at the other most common statements in this document and provide samples and examples of each of them.
Attention! We will provide samples of filling out only the essence (as well as a complete sample of this petition in the form of a file), since the header, preamble and places for signatures and dates are the same everywhere.
You will also be interested in:
- How to properly submit a petition for consideration at the place of residence and not be refused?
- What are the penalties for repeated violations and how long does the repetition last?
- How to appeal a fine for not allowing a pedestrian to pass? Form, sample and instructions
Sample on attaching video recordings or interviewing witnesses
Everything is very simple here. We write that we demand that our video (or audio) evidence be included in the case materials or indicate the presence of witnesses. And we write on the basis of why this needs to be done:
Based on parts 1 and 2 of Article 26.2 of the Code of Administrative Offenses of the Russian Federation, I ask you to attach to the materials of the case against me and study the video recording from my DVR in order to determine the degree of my guilt.
- .
- .
On imposing a minimum sentence or replacing a sentence
It's even easier here. We need to indicate that there are mitigating circumstances (if they really exist) and not aggravating ones, and based on this, apply the minimum sanction of the Russian Code:
- a fine instead of deprivation of rights or administrative arrest,
- replacing a fine with a warning,
- assign a minimum fine when the amounts are “forked”.
Based on Articles 4.2 and 4.4 of the Code of Administrative Offenses of the Russian Federation, I ask you to apply the minimum sanction of the norm (assign a warning) provided for in Article __, Part __ of the Code of Administrative Offenses, due to the absence of aggravating and the presence of mitigating circumstances in the form of such and such.
- .
- Sample in PDF.
About oral comments
But in certain cases - if the violation did not lead to harmful consequences, if the violator has no fines - an oral reprimand may be assigned. This is possible if the violation is insignificant on the basis of Article 2.9 of the Code.
Based on Article 2.9 of the Code of Administrative Offenses of the Russian Federation, I ask you to recognize my administrative offense as minor and limit myself to an oral remark.
- .
- Sample in PDF.
Petition to restore the fine discount period
Such a document is submitted after a decision is made in connection with missing 20 days, if the letter with a copy of the fine took longer, and therefore the car owner is not to blame for missing the deadline.
“__” __________ 20__, resolution No. _________________________________ was issued against me. I received a copy of this resolution “__” ____________ 20__.
Meanwhile, Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation provides that if a copy of the resolution imposing an administrative fine sent to a person held administratively liable by registered mail is received at his address after the expiration of twenty days from the date of such resolution , the specified period is subject to restoration by the judge, body, official who made such a decision, at the request of the person held administratively liable.
Based on the above, I ask you to restore the missed deadline for paying the fine at a discount through no fault of mine.
- .
- Sample in PDF.
On familiarization with the case materials
This right in 2021 is given by Article 25.1 for the person against whom the case is being conducted and 25.2 for the victim.
Your proceedings contain the case materials regarding me.
In accordance with the above, I ask you to provide me with these case materials for review, or provide copies of these materials.
Please notify me about the opportunity to review it at my permanent registration address.
- .
- Sample in PDF.
Samples of other types of petitions are written in a similar way. Here it is only important to understand that if a case has already been initiated and you know its details (case number, resolutions, etc.), then they must also be indicated in the appeal. It is also advisable to indicate on what basis you are applying for this or that.
Is there a petition to cancel a sentence?
Yes, but only if we are talking about assigning an oral reprimand due to the insignificance of the administrative offense.
But there is no point in writing in the “movement” that you are innocent, about your rights being violated by a traffic police officer, about an incorrect investigation and the abolition of liability on these grounds. All this is done directly during the consideration of the case when interviewing you as a violator. If the decision has already been made, then you need to appeal it.
The driver makes a request (petition) to the traffic police officer drawing up the protocol
Below is an example of what resulted from a driver’s refusal to transfer a case to his place of residence. From judicial practice (they refused to transfer the case to the place of residence):
4A-115/2014
RESOLUTION
City of Yaroslavl May 12, 2014
Chairman of the Yaroslavl Regional Court...
having considered the supervisory complaint... on the decision of the magistrate of the judicial district ... of the Pereslavl district of the Yaroslavl region dated December 25, 2013, by which
… , … the year of birth,
registered at: ...
…,
found guilty of committing an administrative offense under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, and he was given an administrative penalty in the form of deprivation of the right to drive vehicles for a period of 4 months, and in response to the decision of the judge of the Pereslavsky District Court of the Yaroslavl Region dated February 13, 2014 to change the said resolution, to exclude from the operative part the indication of FULL NAME1, to leave the rest of the resolution remains unchanged,
INSTALLED:
... was found guilty of the fact that on November 8, 2013 at 15:15 on ... km + ... m of the highway ..., driving a car “...” with a state registration plate ..., in the coverage area of the road sign 3.20 “Overtaking is prohibited,” overtook the person moving ahead vehicle, having entered the lane of oncoming traffic crossing the solid line of road markings 1.1.
In the supervisory appeal, the defense lawyer asks to cancel the ruling and decision and to return the administrative offense case to the magistrate for a new trial. Indicates that ... they filed a petition to consider the case at the place of residence and registration ... in ..., however, the magistrate illegally and unreasonably refused to satisfy this petition, and instead of making a ruling, he issued a ruling. Indicates that ... was registered in ... and lived in ... only periodically in connection with work, could not come to ... to participate in the consideration of the case, that is, he was deprived of the opportunity to exercise his procedural rights.
Having checked the case of an administrative offense, I find the resolution and decision subject to cancellation due to a significant violation of the procedural requirements of the Code of Administrative Offenses of the Russian Federation, and the proceedings in the case are subject to termination.
According to Part 1 of Art. 29.5 of the Code of Administrative Offenses of the Russian Federation, at the request of a person against whom proceedings for an administrative offense are being conducted, the case may be considered at the place of residence of this person.
After the traffic police inspector drew up a protocol on an administrative offense ..., registered at the place of residence at the address: ..., filed a petition to consider the case at the named place of his residence. This petition was refused by the magistrate on December 4, 2013, and on December 25, 2013 the case was considered at the place where the administrative offense was committed.
Allowing the petition ..., the magistrate pointed out that ... does not live at the place of registration, documentary evidence of residence in ... ... was not presented, and transferring the protocol on an administrative offense to ... could lead to a delay in the consideration of the case.
Meanwhile, the provisions of Part 1 of Art. 29.5 of the Code of Administrative Offenses of the Russian Federation, establishing alternative territorial jurisdiction and jurisdiction of cases of administrative offenses, provides the person in respect of whom the proceedings are being conducted, the right to consider the case at his place of residence and does not allow the possibility of arbitrary refusal to satisfy the relevant petition.
The norms of the Code of Administrative Offenses of the Russian Federation do not oblige a person against whom proceedings are being conducted for an administrative offense to indicate the reasons why he asks to consider the case at his place of residence and to provide evidence confirming the validity of these reasons. The judge, taking into account the specific circumstances of the case, has the right to refuse to satisfy such a request only when this is necessary to ensure a balance of the rights of all participants in the proceedings or to protect public interests.
As follows from the case materials, the petition was filed by ... on November 11, 2013 and received by the magistrate on November 18, 2013, ... asked to consider the case of an administrative offense at his place of residence in ... where ... is permanently registered. There is no victim in this case. Sanction part 4 art. 12.15 of the Code of Administrative Offenses of the Russian Federation does not provide for punishment in the form of administrative arrest or administrative expulsion, and cases of administrative offenses of this category are not considered to be considered with the mandatory participation of the person brought to administrative responsibility on the day the judge receives the protocol and other materials of the case in accordance with Part 3 of Art. 25.1 Code of Administrative Offenses of the Russian Federation and Part 4 of Art. 29.6 Code of Administrative Offenses of the Russian Federation. The need to consider a case within a reasonable time is not in itself a basis for limiting the procedural rights of the person in respect of whom the proceedings are being conducted; by virtue of Part 5 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, if the request of a person brought to administrative responsibility to consider the case at his place of residence is satisfied, the statute of limitations for bringing him to administrative responsibility is suspended from the moment such a request is satisfied until the materials of the case are received by the judge at the place of residence of this person.
Thus, there was no justified goal of ensuring a balance of rights of participants in the proceedings or protecting public interests of the need to refuse to satisfy the request ... to consider the case at his place of residence in ..., and therefore this refusal and the consideration by the magistrate of the case at the place where the administrative offense was committed cannot be considered legal.
The case cannot be returned for a new consideration, since the established part 1 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations for bringing to administrative responsibility has expired, which, in accordance with clause 6 of Part 1 of Art. 24.5 of the Code of Administrative Offenses of the Russian Federation excludes proceedings in the case.
Guided by clause 4, part 2, art. 30.17 Code of Administrative Offenses of the Russian Federation,
DECIDED:
Resolution of the magistrate of the judicial district ... of the Pereslavl district of the Yaroslavl region dated December 25, 2013 and the decision of the judge of the Pereslavsky district court of the Yaroslavl region dated February 13, 2014 in relation to ... in the case of an administrative offense under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, cancel and on the basis of clause 6, part 1, art. 24.5 of the Code of Administrative Offenses of the Russian Federation, the proceedings in the case shall be terminated due to the expiration of the statute of limitations for bringing to administrative responsibility.
Chairman
Yaroslavl Regional Court...
Who can apply to whom?
The petition can be submitted by any participant in the process or case to the person considering the case: a judge, an official.
Please note that Article 24.4 expressly states that this document can only be filed during the proceedings. If, for example, a road inspector has already issued a ruling, he may legally refuse to accept additional requests. The only exception is a petition to restore the missed deadline for paying a fine at a discount (Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation) - it is submitted after the fine has been issued and arrived by mail to the owner of the car.
Thus, not only the person held accountable, but also other participants in the administrative case can apply:
- victim (if there was an accident),
- witness,
- attesting witness
- representative or defense attorney in the case.
How and when to write?
As we mentioned above, the petition must be submitted exclusively during the consideration of the case, unless we are talking about restoring the missed period for the discount on the fine.
The procedure for considering a case by a traffic police inspector on the road according to the law is as follows:
- In essence, an administrative case is initiated by a protocol,
- and the consideration ends with the issuance of a decision.
And the subtlety is that the Code of Administrative Offenses gives officials the right to make a decision without drawing up a protocol, and if the driver disputes the violation, draw up a protocol after issuing a fine. Thus, a conflict arises when the petition must be submitted before the decision is made and the difficulty is to have time to do this. And this is a big flaw in the Administrative Code.
For example, a driver is stopped by a traffic police officer with some violation, demands documents and checks them. Then he begins to write the resolution. And before he puts his signature on it, you need to have time to write a petition (about transferring the case materials to the place of residence, about attaching the registrar’s record, imposing a minimum sentence, and so on).
Something else useful for you:
- How to appeal a speed camera ticket? Complaint form, procedure, deadlines
- Is it possible to refuse to sign the protocol and resolution and what will be the penalty for this?
- Traffic police protocol in questions and answers
What if I don't have a piece of paper and a pen?
Neither the inspector nor anyone else has an obligation to provide them to you.
That is why we recommend that you prepare your petition in advance so that the general data is already written on a piece of paper, and all you have to do is enter the name of the employee or judge and the very essence of the petition - what you are asking for.
Why you can lose your rights and what to do in this situation
Naturally, if you make a living driving vehicles, you should be well aware of the rules of the road. But sometimes road conditions or other circumstances can contribute to violations for which you have to answer. A number of articles of the Code of Administrative Offenses of the Russian Federation provide for arbitrary punishments, the result of which can be either a fine or deprivation of a driver’s license. Other articles establish deprivation of a driver’s license as an unalternative punishment, accompanied by a financial fine.
This measure of punishment for the driver is provided for a very wide list of violations. There are driving while intoxicated, crossing a solid line, and much more.
In total, the Code of Administrative Offenses of Russia includes twenty-eight traffic violations, for which one can lose the right to drive a motor vehicle.
We recommend that you find out in more detail what violations can lead to your driver’s license being revoked.
The decision to deprive a driver’s license is made by the court, but it uses materials compiled by employees of the State Road Safety Inspectorate (STSI), or, as it was previously called, the traffic police. For this reason, sometimes it makes sense to ask not to apply this measure of influence to you and to submit an application to the head of the traffic police for non-deprivation of rights.
The police also employ people, and they tend to help others, but, of course, not in the case when your actions led to a truly dangerous situation, and certainly not in the case when, in the process of registering a violation, you entered into an interaction with an inspector got into an argument and got rude to him.
In general, a petition to the traffic police for non-deprivation of rights for speeding, for example, has a good chance of being granted.
What are the review deadlines?
There are none, from the word “at all”. The deadline for consideration of an application in 2021 is not regulated by any law or other legal act.
But there are deadlines for consideration of the case:
- if it is considered by a traffic police officer, then the period is 2 months, after which the official is obliged to issue a decision or determination of refusal,
- if the case is considered by a judge, then this is already 3 months.
During this entire period, petitions from the parties to the case are subject to consideration. But the case itself cannot be considered without studying such “moves”.
Will I be satisfied or denied?
It depends on what exactly you are asking for, how and on what basis. But there are general rules. Refusal is only possible if motivated - that is, if a judge or inspector refuses to satisfy a request, they must legally explain why. If you ask for what the law provides you with, then they cannot refuse you.
In addition, depending on the types of “moves” there is a different probability of satisfaction:
- requests for legal assistance are rarely denied, since this possibility is prescribed by the Constitution, and employees are severely punished for violating it,
- if you ask to consider the case at your place of residence, then they may refuse, citing the fact that transferring the case to another city, district, region, and so on will interfere with a comprehensive study of the materials,
- when “moving” to impose a minimum sentence, replacing one sanction with another within the norms of the Code of Administrative Offenses of the Russian Federation, or issuing an oral remark, everything depends on the factors prescribed in the legislation and established judicial practice May 27, 2021,
- the situation is similar when applying for the restoration of the discount period on the fine - if you actually received a letter with a traffic police fine after 20 days from the date of the decision, then satisfaction will not be denied,
- nor has the right to refuse to admit your evidence or attract witnesses.
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Irina (guest) | |
Good people, tell me what the petition looks like or what is indicated in it, if it needs to be provided to an employee at the traffic police who wants to lose his license for an accident at the workplace? URGENTLY. Thank you. | |
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