Complaint against the actions of a traffic police officer: rules for its preparation and submission

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.

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.

Appeal options

The procedural protocol is not subject to appeal, since the violator can present all objections during its consideration. However, violations committed during the preparation of the protocol may be the subject of a complaint. Depending on the nature of the unlawful actions or inaction, a complaint can be filed in the following areas:

• to a senior official of the Ministry of Internal Affairs - in case of violation of the regulations of the Ministry of Internal Affairs when checking documents or communicating with the driver, in case of refusal to provide personal data, registration number, etc.;
• to the prosecutor's office - on any facts related to violations of the law;
• to court - if a citizen challenges a previously issued refusal of other authorities or if he is appealing against the recognition of the culprit when registering an accident, etc.

Appealing to higher officials of the Ministry of Internal Affairs or the prosecutor's office does not deprive the right to file a complaint in court.

To file a complaint, you must have evidence of unlawful actions on the part of the traffic police representative. For this you can use:

1. written evidence - protocols with the driver’s objections, diagrams of the accident site, other forms and forms;
2. material evidence – the results of an independent examination, audio and video recordings, including from the car’s DVR;
3. witness statements;
4. materials of administrative, criminal and civil cases.

It is advisable to use the services of an experienced lawyer when preparing a complaint to avoid refusal to consider it.

When filing a complaint, you must have information about the official whose actions violated the law and the interests of citizens. As a rule, this information is indicated in the protocol. If it is impossible to determine the name, position and registration number of the inspector from the contents of the protocol, the citizen has the right to contact the traffic police to clarify this data.

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 can I file a complaint?

Since traffic police officers are law enforcement officers authorized to directly protect law and order by monitoring road safety, complaints about the actions or inactions of such officials should only be made to higher authorities that control their activities.

Currently, you can file a complaint about any of the above actions or inactions of an employee of the State Road Safety Inspectorate in three instances:

• the immediate superior of the employee against whose actions the complaint is being filed (if the person filing the complaint knows for certain which unit or battalion a particular employee belongs to, information about the head of such a unit or battalion can be found on the official website of the traffic police of a particular region) ;
• to the Prosecutor's Office of the Russian Federation;
• to the courts.

However, when filing a complaint with the last two authorities, it should be understood that they act as supervisory authorities, therefore a complaint should be filed there only if the submission of such a document to the immediate superior of the traffic police officer did not have any effect.

In this case, the reasons listed above should be carefully documented.

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:

1. Select from the list the region where the violation was recorded and the regional prosecutor;
2. Fill in the fields with reliable information, starting from personal data and ending with a statement of the essence of the appeal;
3. 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.

Where to file a complaint against the actions of traffic police officers

The primary appeal against the actions of traffic police officers occurs in the Traffic Police Department. The complaint can be submitted to the traffic police officer himself, who drew up the report at the scene of the incident. In this case, this law enforcement officer is obliged to transfer this complaint to a superior officer within three days.

Legal assistance in case of revocation of a driver's license. Read about fines for running a red light here.

For help in returning your rights, read the link:

However, it is preferable to submit a complaint directly to the head of the State Traffic Safety Inspectorate to ensure that it reaches the addressee and is processed more quickly. It is possible to submit it personally, signed by the addressee, or send it by mail with a notification letter.

Important! If the complaint is refused, or there is no response to the complaint within thirty calendar days, a similar complaint is sent to the court.

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.

Reasons for submission and examples

The right to complain about unlawful actions or inaction of a police officer is enshrined in the legislation of the Russian Federation; according to these provisions, it is permissible to contact the appropriate authorities when such situations arise:

• Incorrect behavior of an employee, for example, if the driver is given a sign to stop driving, and the traffic police officer, without presentation or any explanation, demands to present documents, without having grounds for such a requirement;
• Failure to comply with the norms of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation, when an employee acts contrary to his powers and regulations in his job descriptions;
• If disagreements arise when drawing up a protocol or making a decision, for example, when an employee draws up a protocol on a violation of traffic rules, and the driver has his own opinion on this matter, such an action can be challenged with a separate complaint;
• In addition, the traffic police inspector may demonstrate not only discourteous or improper performance of duties, but also complete inaction, when he completely refuses to respond to an offense on the part of the driver, does not want to draw up or superficially draws up a protocol.

Sample complaint against a traffic police officer.

Where to go

You can complain to several addresses:

• To the immediate superiors of the driver’s rights violator, written appeal;
• Call the traffic police hotline according to the region where the offense occurred;
• A written appeal to the prosecutor's office or judicial authorities to bring the offender to justice, but it should be remembered that appealing to the judicial authorities, despite the ineffectiveness of this option, is fraught with costs.

You can find out where to go if you appeal the actions of the management company here.

Rules and instructions for drawing up a document

When forming a document, the injured person must understand that the legislator has not established the form of the complaint; it is necessary to adhere to the generally established rules for forming the paper and seek the help of a lawyer so that it is endowed with legal force.

This is important to know: Complaint to the prosecutor's office against the actions of police officers

Important: the appeal should describe the essence of the issue in detail.

In addition, it must have the following points:

• Addressee data – details and name of the institution, full name of the official to whom the appeal is made;
• Information about the person applying – full name, residential address, postal information and contact details;
• Next, you should indicate in detail all existing information regarding the troublemaker - his full name, position, personnel number and other information. In addition, it is important to indicate the license plates of the license, badge, car that was used by the person during the execution;
• Describe in detail everything that happened, indicate in as much detail as possible the day, time of the event, section of the road;
• Compiler's signature and date.

The document must be formed in accordance with the requirements for drawing up business papers; it must have the following structure:

• hat;
• Name;
• The main part with a description of the event and claims;
• Final – indicating references to legislative acts, signature of the compiler and date.

How to draw up and what a complaint against a bailiff contains - read the link.

When drawing up a document, the following standards should be used:

• Maintain a businesslike, restrained style, without showing emotions, using exclamatory phrases or friendly sayings;
• Try not to make punctuation and grammatical errors;
• Make references to legislative acts; a competent specialist with a legal education will help with this;
• Do not use insults or labels of any kind towards your opponent, do not describe your conclusions and conclusions.

In addition, it is important to attach documents such as:

• Photos and videos of the incident;
• Expert and medical opinions;
• Testimony of witnesses.

Complaint against the actions of a traffic police officer.

Review period

If the appeal is addressed to the boss of the rude person or the message is made by calling the hotline, the response period is 10 days.

The application is considered in accordance with generally accepted standards for processing citizens' appeals within a month; at most, the applicant can receive a court decision after 2 months.

In addition, during the consideration of the application, the applicant may be contacted with clarifying questions, and he must also receive an answer in an official form.

How long does it take to consider a complaint against banks? Read the publication at the link.