Complaint about unlawful actions of a traffic police officer

Rules for filing a complaint against the determination of a traffic police inspector

Next, we will analyze how to file a complaint against a traffic police inspector and how to prepare certification materials. All the evidence against the traffic police officer that is available, for example, a video recording from the registrar or an audio recording of a conversation on a voice recorder, eyewitness testimony - all of the above can be attached to the materials of the case against the traffic police inspector.

In the case of video or audio recordings, you can transfer them to a flash drive and attach it to the complaint. Testimony against a traffic police inspector requires separate documentation. In your appeal, you need to refer to a conditional person, indicate his name, surname and other information, incl. residential address, you need to request a survey of the person concerned. Describe what facts and events the designated citizen can confirm that he is related to the current situation.

In court, an official should be involved to question the witness. You can ask leading questions yourself, but only the testimony that will be provided by the witness with the participation of the court will be taken into account as evidence. The content of the complaint must be formulated clearly. All relevant facts have been mentioned. Emotional overtones of actions or events should be avoided.

In the header of the application, indicate the judicial authority to which the document is sent, the postal and actual address of the government institution. Next, information about the citizen who is filing the complaint - full name, place of actual residence, postal code, telephone number. Next, in the middle, write the name of the document “Complaint”, and then proceed to the content, in which the incident should be described, including all unlawful actions of the inspector.

In describing the conflict that occurred, it is worth adhering to certain rules:

the emotional coloring of events interferes with a real analysis of the situation. If the plaintiff describes the events, avoiding the exact facts, his pardon will not be analyzed, due to the fact that the court needs compelling reasons to punish the civil servant;
It's worth sticking to the facts. Move from one to another without assigning a qualitative assessment to the actions. The accusation must be substantiated and the arguments proven with the help of an application. For example, a traffic police officer conducted an unlawful search of the plaintiff’s vehicle. Security cameras in the car recorded this. In this case, you can claim that there was an illegal search of the trunk of the car. In circulation, you need to move from one fact to another in chronological order;
at the end of the document - full name, date, and signature.

Drawing up an application

A complaint about the punishment imposed for violating traffic rules is made in free form. It is important that the text clearly reflects the essence of the applicant’s claims and is supported by evidence.

Information that must be included in the text of the complaint:

The name of the authority to which the document is addressed.
Information about the applicant, residential address and telephone number for contact.
Details of the decision against which the applicant is complaining.
The essence of the claims against the decision, indicating the violated legal norms.
The applicant’s demands (for example, to reduce the amount or cancel the fine).
List of supporting documents.

You can create a document according to the following example:

The signed document must be handed over to the selected authority in person or sent by registered mail with acknowledgment of receipt. When sent by post, the date of filing the complaint will be considered the one indicated on the envelope with a stamp.

Any car owner can independently defend his position. As soon as a copy of the resolution is officially served, you should carefully study the specified data - if any objections arise, proceed with action. Remember that the appeal period is short and cannot be reinstated without good reason.

How and where to file a complaint?

If the complaint is approved, it can be added to the case at the prosecutor’s office if it is filed against the traffic service officer who violated the rights. You can also attach a written examination of the involved eyewitness, designating it as an attachment. Also attach other evidence, together with eyewitness testimony; they must be indicated in the application and numbered.

If the evidence cannot be obtained independently, for example, a video camera is located on the building of a bank or any other institution, and these materials cannot be requested without the appropriate level of access, you can still refer to them. In the letter, indicate that it is considered necessary to make an appropriate request to obtain additional information about the inspector’s offense. During the trial, the court will independently provide all materials. In your statement, it is important to accurately indicate the time of the civil servant’s unlawful actions, down to the minute.

When drawing up a statement, you need to do everything possible to ensure that it is interpreted in favor of the victim from the traffic police officer; all the evidence that is available should be provided and attached to the letter. When filing a complaint, provide the details and fill out the header correctly. Judicial practice knows such cases when the petition was not accepted due to the fact that the citizen did not sign the document. It should be understood that in this case the complaint against the actions of the traffic police inspector will not be examined.

You can also complain about the actions of a traffic police inspector electronically. There is no provision for a signature, but the contents of the document will be reviewed. This can be implemented on the official website of the prosecutor’s office or another department. Filling out electronically is easier and more convenient than filling out by hand. Applications can be sent to several departments at once, which will be subject to investigation more efficiently.

Among them:

the head of the traffic police inspector;
district prosecutor's office;
go to court.

At the same time, you can challenge the decision to impose a fine, and not just exact a response for the actions of the direct traffic police inspector. There is a difference between exacting an answer for the actions of an inspector and for the resolution he put forward, since in the first case it is more difficult to protect your rights than when there is evidence of an unfair verdict signed by the inspector.

The content of a complaint against a traffic police officer is not formulated in a standard manner at the legislative level, there are no rules for drafting, and therefore, when writing this document, it is worth proceeding from sample statements of claim.

Once sent, the letter will be processed within 30 days. You can write a complaint to law enforcement agencies with the help of a lawyer, or on your own, the main thing is that its content meets the requirements of an official business style of presentation.

Where to file a complaint

If desired, a complaint about unlawful actions of traffic police officers can be submitted to several institutions. It all depends on the guilt of the policeman; it could be the employee’s superiors, the prosecutor’s office or the court.

Filing a claim in court is the most effective method to ensure that the claim is considered and held accountable for wrongdoing, but is only required in some cases.

Before filing a claim, you must make sure that the employee’s actions really constitute a violation of the law, since State Traffic Inspectorate employees have fairly broad rights.

This point cannot be ignored, since higher authorities may not consider the case, taking the side of the traffic police officer, and the plaintiff will waste his time and money.

Another body where you can file a complaint is the official website of the State Traffic Inspectorate. The site is an online service where claims can be submitted electronically.

To submit a document you must complete the following steps:

go to the “Services” section and select the “Reception of requests” subsection;
Click on the “Fill out the form” button.

When entering data in the window that appears, be sure to select a region, since complaints go to the regional department of the State Traffic Inspectorate or to the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation.

During the consideration of the complaint, one of two decisions is made:

the claim will be considered unfounded;
the actions of the road service employee are recognized as unlawful and he will be held accountable.

Watch the video. How to protect yourself from the lawlessness of traffic cops on the road?

Sample complaint against a traffic police officer to his senior management

There is no general application form for a complaint to the boss of the offending employee.

When writing, you should rely on Article 131 of the Code of Civil Procedure of the Russian Federation, which describes how the application should look like.

First of all, remember that a complaint is written in the same way as a statement and should consist of three main parts:

Introductory. This includes the “header” of the document. Be sure to find out the full name of the body where you are filing the complaint, and the initials of the chief. Don't forget to include your full name, residential address and contact phone number. After the “header”, in the middle of the line, write the name of the document, without quotes and a period – in our case, “Complaint”.
Content, or main part. Here you must reveal the whole essence of your appeal. Indicate all information regarding illegal actions or inactions of the traffic police officer, enter all his data that you know.
Final. Don't forget about the documentation base here. Indicate where you have already contacted to solve the problem, who witnessed the violation, what materials are available - these could be photographs, videos or audio recordings. It is better to include all documents in a list. At the end, be sure to put your date and signature with a transcript.

Examples of complaints to senior management of a traffic police officer:

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

1) Complaint regarding illegal actions:

When writing in the header of the document, indicate the full name of the boss and the name of the department to which you are applying.

You can also simplify the form without specifying your requirements - as, for example, in court, you just need to write: “I ask you to look into this situation and bring the offender to justice.”

2) Complaint about the inaction of a traffic police officer:

3) Complaint about an administrative violation:

Statement of claim for unlawful actions of a traffic police officer

To court_________________________

Plaintiff: _____________________ Address: ________________________

Defendant: Ministry of Finance of the Russian Federation represented by the Federal Treasury Department for the Nizhny Novgorod Region Address: _________________________

Third party: Ministry of Internal Affairs of the Russian Federation represented by the State Traffic Safety Inspectorate of the Department of Internal Affairs for the city ______________ Address: __________________________

Cost of claim: __________ rubles State duty: __________ rubles

Statement of claim (for compensation for moral and material damage caused by unlawful actions of traffic police officers)

______________I, _____________________, driving a _____________ state vehicle. number ___________, stopped at the traffic police post and turned to traffic police inspector l-police __________ with a request to explain how to get to the desired street. Instead of explanations, the traffic police inspector, without presenting his official ID (I later learned his name from the protocol he drew up), the inspector, referring to the visual determination of the presence of tint film on the car windows, measured the light transmittance of the front side windows with an unknown device and did not even draw up a protocol on the APN. In response to my request to show me a verification certificate and a passport of the device that the inspector used to measure light transmittance, the inspector refused me. I asked the inspector to give me the opportunity to use the services of a lawyer. The inspector refused me this and stated that a lawyer is not required in such cases. Thus, he violated my rights under Art. 48 of the Constitution of the Russian Federation and Art. 25.5 Code of Administrative Offenses of the Russian Federation. The inspector is not an inspector of technical supervision of the Traffic Safety Inspectorate and, according to Order 1240 of the Ministry of Internal Affairs of the Russian Federation, does not have the authority to measure light transmittance. Light transmittance was measured on dirty (wet) glass. There were no witnesses present when measuring light transmission. After measuring the light transmission, the inspector began to remove the license plate from my car, I began to object, since the inspector’s actions were illegal. Firstly, the inspector did not even draw up a report on the offense, therefore, there was no offense, and the inspector illegally began to remove the license plate from my car. Secondly, my rights and obligations under Art. 25.1 of the Code of Administrative Offenses of the Russian Federation was not explained to me by the inspector. He also did not inform that if the driver wants to remove the tint film at a car service center, then within one day after removing the license plates, the driver has the right to drive this car to the place where the reason for the prohibition of operation is eliminated, that is, to a car service station. As soon as the driver removes the tint, the license plates will be returned immediately. Thus, the inspector violated Art. 114 of the order of the Ministry of Internal Affairs “185” Thirdly, throughout the entire time of communication with the inspectors, the inspector behaved aggressively towards me and put psychological pressure on me. Moreover, the inspector beat me up, which is recorded in the certificate issued by the Odintsovo central regional hospital, trauma center. Thus, he violated the requirement of Article 19 of the Order of the Ministry of Internal Affairs “185”.

By his actions, the traffic police inspector, l-police officer, __________. violated my rights and freedoms. The illegal actions of inspector __________ also caused me material and moral harm. The amount of material damage consists of the following: - in view of the fact that the inspector unlawfully drew up a protocol on an administrative offense against me, provided for in Part 1 of Article 19.3 of the Code of Administrative Offenses of the Russian Federation, I was forced to seek legal assistance and use the services of a defense attorney. The amount of the defense lawyer’s services amounted to __________________ (___________) rubles under the contract dated “__” __________ - I also believe that I suffered moral damage. Since I was worried that renting rooms for a long period of time could affect my activities associated with a lot of travel and thereby affect my income. The illegal bringing of me to administrative responsibility caused me deep moral suffering. I assess moral damage in the amount of __________ rubles. Moreover, physical harm was caused to my health.

In total, the material damage caused to me amounts to ________ (______________________) rubles and moral damage amounts to _________ rubles.

In accordance with Article 1069 of the Civil Code of the Russian Federation, harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local self-government bodies or officials of these bodies, including as a result of the issuance of an act of a state body that does not comply with the law or other legal act or local government body is subject to reimbursement. The damage is compensated at the expense of the treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation, or the treasury of a municipal entity, respectively. According to Article 333.19 of the Tax Code of the Russian Federation, the state duty was calculated: - the price of a property claim subject to assessment is 4% of _(price of the claim)_____ rubles = ______ rubles; - the price of a non-property claim is ____ rubles. Total: the state duty is ________ rubles. In accordance with Article 151 of the Civil Code of the Russian Federation, if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose an obligation on the violator monetary compensation for said damage. In accordance with Article 15 of the Civil Code of the Russian Federation, a person whose rights have been violated may demand full compensation for the losses caused to him. Based on the above, in accordance with Articles 15, 151, 1069 of the Civil Code of the Russian Federation,

I ask the Court:

— to recover from the Ministry of Finance of the Russian Federation represented by the Federal Treasury Department for the ____________ region in my favor a sum of money to compensate for material and moral damage caused in the amount of: ________ (________________) rubles, as well as a state duty in the amount of ________ (________________) rubles.

Appendix: 1) Receipt for payment of state duty on 1 sheet. 2) Copies of the statement of claim for the defendants 3) Copy of the protocol. 4) A copy of agreement No.___on the provision of consulting and representation __________ 5) A copy of the certificate

"____"___________________ G _______________

Rules for writing and samples of complaints against a traffic police officer to the prosecutor's office and court

A statement to law enforcement agencies or a court is almost the same.

Take into account the requirements listed in Articles 131-132 of the Civil Code of the Russian Federation, and follow these rules when writing a complaint:

At the beginning, on the upper right side of the sheet, indicate the full name of the institution or authority you are applying to. Don't forget to include your address and contact information.
Describe briefly but clearly what happened. Enter all the necessary information.
Indicate what damage was caused due to the violation.
Describe where you have already applied and to what authorities.
State your requirements.
Prepare a documentation base, list all the materials confirming what happened.

Sample application to the prosecutor's office:

Examples to court:

Writing an application to the court and prosecutor's office is a complex process. The main thing is to write a statement without errors, corrections, with a full description of the violation that occurred.

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To which court should the complaint be filed?

You can challenge an accident in a city or district court. Other judicial institutions do not deal with such disputes. The driver can:

personally take the application to the court reception;
send a representative. In this case, you will have to draw up a power of attorney that will give a third party such powers;
send the application by registered mail to the court address. It is important to use this type of letter, since the date of sending will be taken into account;
file a claim online, through the resource https://ej.sudrf.ru/appeals/ (registration in the State Services system is required).

You can appeal a traffic police decision in court only in the area where the traffic accident occurred. Moreover, the region of residence of the applicant does not matter. If the applicant cannot do this personally, the use of a proxy is allowed (he must have a certified power of attorney).

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.

Possible violations by State Traffic Inspectorate employees

The reason for the violation may be a violation of regulations and instructions that traffic police officers must follow. The actions of traffic inspectors must not violate the Constitution, the Law on Police and Traffic Safety, departmental orders of the Ministry of Internal Affairs, the Code of Criminal Procedure, the Code of Administrative Offenses, Presidential decrees and government regulations.

For example, order number 185. It approves the state regulations for monitoring the safety of motorists on the road.

Drivers' rights can be violated not only while driving, but also when drawing up documents and performing registration actions. Traffic police officers can illegally force a driver to register a vehicle.

In this case, you must be guided by order number 1001 of 2008. You cannot agree to blackmail and pressure from police officers.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

In fact, a motorist can be accused of many violations that he did not commit:

over speed;
drunk driving;
failure to comply with other traffic rules.

A traffic police officer may be subject to the following types of violations:

extortion of a bribe;
rudeness or assault towards the driver;
refusal to register a traffic accident;
making illegal entries in a document, which could be an accident report;
refusal to carry out mandatory registration activities, that is, inaction.

It is important to distinguish a complaint against the action or inaction of police officers from an appeal against a decision according to a resolution. The location of the complaint is determined by the severity of the violation committed against the driver.

In addition, you can file several complaints:

to the security service of the Ministry of Internal Affairs;
deputies (practice shows the effectiveness of such claims);
to the Presidential Administration;
to the heads of the State Traffic Inspectorate.

Please note! The following may be appealed to higher authorities, the Prosecutor's Office or the court:

action or inaction of a traffic police officer;
violation of the rights and legitimate interests of a citizen, state or municipal bodies, religious or other organizations.

The complaint against the actions of traffic police employees in the media or other public organizations is justified, since the administrative regulations of the Ministry of Internal Affairs confirm the exercise of state, public, departmental control over them, as well as prosecutorial supervision.

If appealing to higher management is not effective

If there is no response from the employee’s superiors to the victim’s complaint or the response he receives does not have a satisfactory result, you can file a complaint with the prosecutor’s office.

Advice: it is better to send the document in a valuable letter with an inventory of the contents.

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

The document will be considered within a month, during which the prosecutor’s office will conduct an investigation into the citizen’s appeal.

After that, he will receive a positive or negative answer.

Compilation and application

If there is an appeal to higher structures, the complaint form is standard. It is necessary to indicate all the required details so that it is clear to which authority, to whom and from whom the complaint is being made. And most importantly, who is the victim complaining about, and for what reason?

An important point in such a case is witness testimony; it should be remembered that car passengers can be passengers under any circumstances.

In addition to the details and description of the case, the document must clearly state your specific requirements.

It would not be superfluous to attach all kinds of evidentiary documents, including the conclusions of independent experts. The document must contain references to legislative acts.

Here you will find out what documents need to be attached to the complaint against the clinic doctor.

Need to appeal

A complaint in administrative cases is filed free of charge, regardless of the body chosen to review the decision. If the amount of the fine is not high, many citizens prefer to pay so as not to waste time on appeal. Sometimes such savings have negative consequences. The fact is that by paying a fine, a citizen automatically recognizes himself as responsible for the violation. If a cause-and-effect relationship with an emergency situation is identified, claims from other persons for compensation for damage (moral, health, etc.) may arise in the future.

In case of an accident, you should always file a complaint if you do not agree with the decision, even if the fine is minor.

How to appeal a traffic police fine in court

You can challenge the punishment in the traffic police itself or in the district court. In both cases, convincing reasons are needed for this; it is important to meet the deadline and submit the documents correctly.

Term. According to the law, you have 10 days from the day the driver received the decree to challenge the fine. For example, if a document arrived by mail, the period is counted from the date of delivery.

The period can be extended if there is a compelling reason for this. For example, a driver could not receive a fine due to sick leave or a business trip. This will need to be confirmed by documents, and a request to extend the period must be submitted along with the complaint. Here is an example of a petition.

If you do not challenge the decision within 10 days, it will come into force and you will need to pay a fine.

Grounds for canceling the fine. Monetary punishment must be canceled if:

there was no violation;
it was insignificant. For example, parking in a space for disabled people may be recognized as such;
the driver acted under extreme necessity, such as taking an injured friend to the hospital;
the resolution was drawn up with errors;
the inspector misinterpreted the law, for example, issued a report for unlit headlights on a stationary car;
the camera made a mistake, for example it captured the speed of another car or recorded an unreal speed;
another person was driving;
The car was sold, someone else's fine arrived.

How to send. It is best to file a complaint in person - to appear at the traffic police department or in court. Another option is to send it by mail, ask the employee to issue a registered letter with an inventory.

A fine for illegal parking in Moscow can be challenged on one of the sites:

in the service catalog on mos.ru;
through the Autocode service;
using the form on the Department of Transport website.

Where to send a complaint

At the traffic police department. It is best to contact the employee’s supervisor who issued the fine. The department's telephone number can be found on a paper copy of the resolution; if it is not there, send a complaint to the head of the regional traffic police department.

In MADI and AMPP. These organizations issue fines related to illegal parking in Moscow. MADI fines for parking under “No Stopping”, “No Parking” signs or on the lawn, and AMPP fines for incorrect payment for parking.

Complaint to the court against a traffic police fine. You can complain to the court immediately or if the traffic police refuses.