Resolution of the Supreme Court of the Russian Federation dated 02/07/2019 N 69-AD19-3

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Violation of safety rules when driving on the roads threatens the motorist with a decision on administrative liability. A resolution is drawn up when a motorist is stopped by a traffic police representative or when a violation is recorded by an automatic video camera. You need to know what to do in a situation where the claims made are unlawful in order to protect your interests. The article discusses the procedure for appealing an illegally issued decision of the traffic police, presenting an example of an application, the deadline for filing it and other related issues.

What is a traffic police resolution?

A traffic police resolution is an executive document drawn up by a representative of the specified structure or a judge during the consideration of a case, outlining the circumstances of the offense and listing the victims, perpetrators and the type of punishment applicable to them.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

The traffic police resolution is drawn up immediately after the fact of the violation or based on the results of its subsequent consideration in court, within the time limits established by law. An example of a resolution form:

Cancellation of the traffic police decision, filing an application with the court

Good afternoon. No. The protocol indicates the location of the offense. Every building has an address. If it was not possible to determine the address, then it was necessary to write 133 meters from house 23 on Lenin Avenue towards the intersection with Mira Street (for example). But the incorrect indication of the address in itself does not mean anything, since these contradictions were eliminated in court. In accordance with Resolution of the Plenum of the Armed Forces of the Russian Federation No. 5 dated March 24, 2005:

That is, you quite rightly pointed out in court that in the protocol on an administrative offense the actual place where the administrative offense was committed is not indicated, which is a significant drawback and should lead to the recognition of such a protocol as inadmissible evidence.

Reasons for filing an appeal against the traffic police decision?

The need to appeal a traffic police decision may be due to the following reasons:

technical error of the camera during video shooting;
the desire to fundamentally defend one’s own innocence before representatives of the traffic police;
another person was driving a car at the time the offense was recorded - the car was being driven by a relative or acquaintance;
sale of a car and untimely re-registration to the new owner, so messages about penalties are sent to the old address;
the presence of mitigating circumstances that reduce the amount of the fine imposed, and others.

Attention
It is permissible to file a petition not only for incorrect actions of a representative of an authority, but also for inaction that caused unfair punishment.

To protect yourself, in the event of an inspection by a traffic police representative, when drawing up a resolution and protocol, you must adhere to the following recommendations:

check the contents of the documents in detail for errors;
if inconsistencies are identified and the government representative refuses to take them into account in the document, reflect personal opinion when signing the paper;
it should be persuaded to include in the document the presence of an eyewitness testifying in favor of the accused of an offense;
will help prove the correctness of video and photo materials taken at the scene of the incident or filmed by the registrar;
if there are empty lines in the readings, they should be crossed out to eliminate the possibility of unwanted filling;
You should receive a copy of the document, which will help you take care of your own protection in a timely manner.

IMPORTANT
It is necessary to understand the difference between the resolution and the traffic police protocol. The first document records the fact of the violation, confirms the guilt of the violator and establishes the amount of the fine. In the second (when drawing up a protocol), the circumstances of the incident are set out without drawing conclusions about its causes and those responsible.

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/ Legal articles on the topic of automobile law / Adm. liability for traffic violations / How to appeal a traffic police protocol?

How to appeal a traffic police report?

Quite often, motorists turn to lawyers with a request to help them appeal the traffic police report drawn up on the fact of an administrative offense.

After hearing such an appeal, any competent lawyer will immediately explain to the citizen that the administrative protocol itself cannot be appealed, since it is not the final document in the case and it does not contain a decision on bringing to administrative responsibility.

The protocol on an administrative offense is an “interim” document in which a traffic police officer records the fact of an offense that, in the opinion of the police officer, took place. In simpler terms, a protocol drawn up by a traffic police officer is a preliminary “charge” that is brought against the driver under one or another article of the Code of Administrative Offenses of the Russian Federation. By itself, the protocol does not establish the guilt of the driver and does not put an end to the case, since whether the driver is guilty or not will be decided by the court or an official who considers the case on its merits and issues a final document - a resolution. Of course, in certain situations, decisions are made by inspectors immediately on the spot, following the drawing up of a protocol, but this does not change the essence - it is still not the protocol, but the decision that is subject to appeal.

This is important: it is not the protocol itself that is subject to appeal, but the final decision in the case of an administrative offense. At the same time, violations committed during the preparation of the protocol may become one of the key grounds for a favorable outcome of the case during its consideration, or for further appeal of an illegal decision

However, the above does not mean at all that the actions of the traffic police officers who drew up the administrative protocol can be appealed only after a decision has been made on the case. Not at all. Citizens are not limited in their right to complain about unlawful actions of employees and can do so at any time. This may be especially relevant in cases that are not considered immediately on the spot, but after some time in court. If there are obvious and gross violations related to the preparation of the protocol, the motorist has a good chance to approach the trial fully armed.

What should you pay attention to at the stage of drawing up the protocol?

The protocol is the key document in the case of an administrative offense, and therefore you need to start fighting for your rights already at the stage of its preparation. If in the process of drawing up a protocol you cannot influence a traffic police officer, for example, by convincing him that you are right, then the best tactic is to record everything to the maximum, in order to exclude in the future any possibility of making any changes to the protocol and other materials. .

Do not refuse to receive a copy of the protocol. It is quite possible that it will become your main weapon in the fight for your rights. Having received a copy of the protocol, you deprive unscrupulous employees of the opportunity to make any corrections to it. And don’t be afraid to put your signature in the line “I received a copy of the protocol.” The presence of your signature in the specified place only means that you received a copy of the protocol and nothing more. The only advice is to take your time and carefully look at where and for what exactly you are signing in the protocol.

If you do not consider yourself guilty, this should be recorded in the protocol. You can simply write “I do not agree with the protocol,” or you can briefly argue why you do not agree. If you want a more detailed explanation of the essence of the incident to be attached to the protocol, you can submit a corresponding request, and write the explanation in your own hand.

Do not hesitate to carefully read everything that is written in the protocol. In law, every word can have a big meaning!

What to do if the protocol was drawn up in violation of the law?

Seek legal assistance and, with the help of a competent lawyer, benefit from this in the process of considering the administrative case on its merits. The protocol on an administrative offense is a key document in the case and if it is drawn up with gross violations of the Code of Administrative Offenses of the Russian Federation, you can count on a favorable outcome of the case.

To obtain primary legal assistance on issues of appealing the actions of traffic police officers, you can contact the duty lawyers of our website using this convenient online form. Write your question, leave your contact details and they will definitely help you!

Where to complain?

In our opinion, in case of violations of the law by the traffic police officers who drew up the protocol, it would be most reasonable to file several complaints at once.

The first and main one is a complaint against a decision in an administrative case. If you do not appeal the decision, then all your other movements will, in fact, be meaningless, because the final document in the administrative case, which records your guilt in committing an offense, will come into force. Drawing an analogy with criminal proceedings, complaining about an administrative protocol without appealing the decision itself is the same as complaining about an investigator who sent a criminal case to court, without challenging the verdict passed in this case.

In accordance with Art. 30.1 of the Code of Administrative Offenses of the Russian Federation, a decision in a case of an administrative offense made by a traffic police official can be appealed to a higher official, to a higher internal affairs body or to a district court, and made by a judge - only to a higher court.

The second complaint against the actions of traffic police officers should be sent to the prosecutor. At the same time, the complaint should pay attention not only to the essence of the offense, but also to other points that may indicate unlawful actions of employees.

Helpful advice: having extensive experience in practical jurisprudence, we strongly do not recommend that you write huge footcloth complaints. This is often the sin of citizens inexperienced in legal battles and novice lawyers, who naively expect that prosecutors and judges will carefully read their twenty-page opuses. Complaints must be concise and contain only those information and arguments that are essential

That's all, good luck on the roads!

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Deadlines for appeal

The deadlines for filing an application are indicated in Art. 30.3 Code of Administrative Offences. It is provided that a petition may be filed within ten days after a copy of the traffic police decision was served or received.

For your information

The second part of this article states that it is possible to restore the missed deadline for appealing the traffic police decision. A statement about this is sent to a higher authority in relation to the one who made the decision to prosecute.

When drawing up a petition to restore the deadline for appealing a traffic police decision, you must indicate:

the name of the authority where an application to appeal the traffic police decision is submitted;
position, full name of the person to whom the paper is addressed;
document's name;
the essence of the issue is stated, listing the circumstances of the case, valid reasons for missing the deadline for appeal, by whom and when the decision on the administrative offense was made;
list of attached documentation.

At the end of the application, the author signs and indicates the current date.

Valid reasons include the following circumstances, confirmed by such documents:

serious illness - sick leave, medical report and other papers establishing a diagnosis, in which the complaint physically could not be submitted in a timely manner;
urgent business trip - an order for a business trip indicating the start and end date, the city where the employee was sent;
caring for an infirm relative - medical confirmation with a note indicating the need for constant supervision of the patient;
natural disaster, accident and other incident of a natural or man-made nature that creates an insurmountable obstacle to filing a complaint within the prescribed period - issued by a representative of the Ministry of Emergency Situations or another organization whose area of responsibility includes taking safety measures in connection with these circumstances;
a copy of the traffic police resolution was not received or was delivered with a delay.

Without providing documented evidence, the application will not be considered with a positive result. The possibility of restoring missed deadlines due to objective reasons is set out in letter of the State Customs Committee of the Russian Federation dated March 27, 2003 N 27-14/13306.

If the stated circumstances are considered justified, the official, based on the results of consideration of the submitted petition, decides to restore the missed appeal period.

An example of a petition to restore the deadline for appealing a traffic police decision is presented here.

Where and how to file a complaint against a traffic police decision

If the decision on an administrative offense was made by an official (in this case, an employee of the State Traffic Inspectorate), you can appeal it by sending it to a higher official, to a higher authority (State Traffic Safety Inspectorate of a constituent entity of the Russian Federation) or to court. In cases where the decision was made in court, it is appealed, respectively, to a higher court. The complaint can be sent by mail through the body that issued this decision, or directly to the court (Article 30.2 of the Code of Administrative Offenses of the Russian Federation) through the general office. In both cases, it is necessary to keep confirmation of the fact that the complaint was filed: a postal receipt or a mark on acceptance of the document on the second copy of the complaint. Please note that with these documents you will be able to confirm compliance with the deadline for appealing the decision.

Any complaints filed against unlawful actions of traffic police inspectors are not subject to state duty.

Institutions for filing a complaint

The choice of the authority where you need to file an application to appeal the decision of the traffic police depends on who made the decision to bring to administrative responsibility:

if this is a court, the complaint is sent to the appropriate higher authority;
collegial authorities - similar regional structures;
officials - their leaders within a given region;
other structures - to the district courts of the subject where the case was heard.

Art. 28.3 of the Code of Administrative Offenses determines the need to appeal court decisions only to higher authorities of the specified branch of government.

In some situations, it is possible to submit a petition to the traffic police; this will be discussed below.

It is necessary to file a complaint with the judicial authorities if we are talking about serious violations of the traffic police related to the following circumstances:

causing damage to the health of other people as a result of a driver’s mistake;
repeatedly crossing a double continuous marking line or exceeding speed limits by more than sixty kilometers per hour;
driving while intoxicated of various types;
driving a car without a driver's license.

Please note:
If the consideration of the issue is related to controversial issues, is associated with procedural violations or incorrect interpretation of legislative acts, it is necessary to contact the judicial authorities.

How to write a complaint against a traffic police decision

The content of a complaint against a decision made by traffic police inspectors must be clear and concise. Essentially, the complaint against the traffic police decision is divided into three parts:

Description of the situation, facts and circumstances, links to regulations.
Indication of significant reasons for disagreement with the decision made (absence of witnesses when sending for a medical examination, drawing up a protocol by an unauthorized person, incorrect classification of the offense when making the decision, expiration of the period for bringing to administrative responsibility at the time the decision was made).

Important! In accordance with Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, the general expiration date for bringing to administrative responsibility for committing an administrative offense is 2 months from the date of commission of the illegal act.

Requests to cancel the decision.

Any documents that may, to one degree or another, influence the correct decision can be attached to the complaint. The result of filing a complaint against a decision made by the traffic police may be:

leaving the resolution unchanged, and, accordingly, the complaint not being satisfied;
change of resolution;
cancellation of the decision and termination of administrative proceedings;
cancellation of the decision and return of the administrative case for a new consideration.

The decision made on the complaint can be appealed to a higher court (Article 30.9 of the Code of Administrative Offenses of the Russian Federation). However, we note that decisions that were made by the courts of regional, regional or republican constituent entities of the Russian Federation come into force from the moment they are announced.

Drawing up an application

The legislation does not establish a strictly regulated form of an application to appeal a decision of the traffic police, however, when drawing it up, it is necessary to be guided by the general rules of office work.

The application includes the following components:

introductory – to whom the paper is addressed, indicating the address and name of the authority, position, full name of the official recipient, a link to the details of the case to be considered;
installation – description of brief circumstances of the violation;
motivation - a continuation of the previous part, indicating objective facts obtained as a result of consideration of the issue, points and names of regulatory documents that must be followed;
final – sets out the conclusion on the need to cancel the previously adopted resolution with reference to the current legislative norms;
attachments - a list of documentation is provided confirming the correctness of the arguments presented (witness testimony, photos, video materials, audio recordings, etc.).

The preparer must sign at the end of the document indicating the transcript of the signature and the date of preparation of the petition. An example of an application to appeal a traffic police decision is presented here.

Appealing the traffic police decision in the traffic police department itself

To appeal an unfair decision of the traffic police, it is not necessary to go to court. In some cases, it is possible to solve the problem at the traffic police department. A complaint may be sent to this authority if:

The document was compiled with errors; a discrepancy was found between the actual state numbers and those indicated in the resolution and presented in photo or video evidence.
The violation was caused by a team of a street traffic police officer and was recorded by video recording in automatic mode.
The old owner of the car is wrongly punished because the buyer did not have time to register the car in his name after purchase. As a result, the information in the traffic police databases is not updated, and when a resolution on a violation recorded by a video camera during automatic recording is sent by mail, the punishment papers are sent to the previous owner.

Attention
The responsible traffic police officer who is considering the submitted application has ten days within which a decision must be made with notification to the person who sent the paper.

Which court should I go to if my appeal to the traffic police is refused?

If the decision cannot be appealed to the traffic police, the issue can be resolved positively in the following instances:

in the senior management of the traffic police;
in the district, regional, regional, supreme judicial body;
from an official or service responsible for the execution of administrative legislation, if necessary, to reduce the amount of the imposed fine.

Attention:
The complaint is submitted to a higher authority than the one that made the decision on punishment.

Procedure for appealing in court

In order to file a complaint against a traffic police officer in court, you must, within 10 days after serving the decision on the violation, go to the court at the place where the decision was issued.

When receiving a notice by mail, the period is counted from the date of receipt of the letter.

If the period has expired and the person accused of an administrative offense has valid reasons, the period for filing a complaint may be extended.

When filing an application with the court, you must provide a full description of the circumstances and attach documents referred to in the text of the complaint.

The applicant may also petition to restore the deadline for the complaint, to attract witnesses, to request evidence, etc. Each petition is submitted simultaneously with the complaint.

Claim to appeal the traffic police protocol to the district court.

Appealing the traffic police decision in court

The completed application in the manner specified above is delivered to the appropriate authority. The choice of delivery method is up to the applicant. The petition can be brought directly to the required address, delivered by mail or sent electronically.

If the paper is brought directly to the court or other body, you should prepare a copy of the set of documents to be served or prepare it in duplicate. When submitting the application and attached papers, the representative of the structure must indicate the incoming number and date of receipt.

If you send documents by mail, you must select the form of a letter with return notification of receipt.

For your information

These measures will make it possible to fix the date from which the time allocated by law for consideration of the application will begin.

The official must make a decision on the said application within ten days, taking into account weekends and holidays. If a complaint is filed with a court, the period for its consideration is no more than two months.

The application may not necessarily require the revocation of the penalty. Sometimes the offender has the right to hope for a mitigation of guilt and a reduction in the size of the traffic police fine due to the following circumstances:

sincere repentance for what he has done;
voluntary cessation of illegal actions;
by personally contacting the traffic police department to report a violation;
assisting traffic police representatives in investigating the circumstances of the incident;
voluntary compensation for losses caused by violation;
execution of instructions to eliminate the violation before the adoption of the relevant resolution;
the commission of unlawful actions is caused by a state of passion or severe mental shock;
the offender is a minor, or if he is a pregnant woman.

Additional information
The presence of the above and other circumstances does not automatically mean a mitigation of the offender’s guilt according to the decision of the traffic police.

As a result of consideration of an appeal of the traffic police decision by the court, the following decision may be made:

refuse to satisfy the complaint;
make appropriate changes to the previously adopted resolution;
cancel a previously made decision;
send the case back for reconsideration.

The results of the consideration depend on the specific circumstances of the case and the materials presented.

How to challenge a traffic police report in court

In order for the court officials to believe you, you must have certain evidence. If the inspector is wrong, then you will have to prove that you are right. And this must be done either independently or with the help of a lawyer.

You are given 10 days to submit documents to the court. Some decisions are made by the magistrate on the spot, but drivers are often dissatisfied with his decisions.

Some serious administrative penalties can be imposed on drivers only by court decision. For example, only a court can take away rights. But if the driver does not agree with this decision, you can file a lawsuit in the district court. When thinking about how to challenge a traffic police report if another driver is driving, you must take into account that such serious and complex cases are not decided by a magistrate. The case must be immediately transferred to the district court.

3 accident when turning left. Read about the procedure for appealing a decision on video recording here. Find out about fines for driving with an expired license at the link: https://1avtourist.ru/shtrafy/shtraf-za-ezduennymi-pravami.html

Read about the procedure for appealing a decision on video recording here.

The procedure for transferring cases between courts is as follows:

when filing a claim in the district court, it is necessary to address it there, but transfer it through the local court;
When submitting an appeal to the region, we send a package of documents to the district.

And so on, according to this principle. The decision of the regional court is considered final. It is not subject to appeal. Only the prosecutor has the right to cancel such a decision or change it.

It is necessary to understand that if the protest period has passed, it will be almost impossible to do this. But if such protocols accumulate, more unpleasant punishment may follow. It is best to immediately prove that you are right, if, of course, you are sure of it.

Appealing the traffic police decision online

If a motorist does not have time to visit the authorities, an alternative option for appealing the traffic police decision is to submit the papers in electronic form, online. To do this, please contact the following addresses:

official portal of the State Traffic Safety Inspectorate - GIBDD.RF;
government service website – gosuslugi.ru;
if a violation was recorded in the Moscow region – avtokod.mos.ru; including due to improper parking – mos.ru.

To submit an application, the applicant must log in to the resource, log in under his own account and follow the instructions by selecting the appropriate section. The period for consideration of complaints submitted online is thirty days.

Appealing the traffic police decision through public services

To appeal a traffic police decision through the public service portal, you must:

go to the main page of the resource and register;
refer to the section on traffic police fines;
to check the amount of the fine and receive a form for filling out an application, select the button to receive the service - indicate the driver’s license number, registration information about the car and other information upon request;
click the “Appeal” button, fill in the necessary appeal items;
documents proving the validity of the claims are uploaded and a petition is sent.

The procedure for appealing a traffic police decision is not particularly difficult and can significantly save personal time.

Appealing a decision on video recording

Video recording cameras are used to detect violations related to the following circumstances:

speeding is the most difficult to refute;
driving in the lane reserved for municipal transport;
parking in undesignated places;
improper stopping at a red traffic light;
failure to use seat belts;
illegal movement in the oncoming lane.

Often such surveys are identified incorrectly, which is especially likely due to human control.

When issuing a decision on an administrative offense based on the results of recording this fact by automatic video recording, the preliminary drawing up of a protocol is not required. The complaint can be submitted to the head of the Video Recording Center or to the Federal Court. In most cases, such complaints are due to the fact that the car owner was not personally driving when the violation was committed.

For your information

In order for the petition to be considered with a positive result, it is necessary to convincingly prove the unlawfulness of the charges brought, with the attachment of relevant documentary evidence. An example of an application to appeal a decision recorded on video is presented here.

The paper is prepared according to the recommendations given above.

Appealing a traffic police decision for parking

You should try to appeal a traffic police fine for a parking violation through online resources at the addresses given above. If the problem is not solved in this way, the petition can be delivered to the court at the place of incident in person or sent by mail. Those interested can familiarize themselves with a sample application form.