Material checked by Expert: Ekaterina Sankina
Experienced lawyer, auto lawyer. Legal assistance in case of deprivation of a driver's license.
The largest number of people are held administratively liable for traffic violations. The bulk of the documents on such violations are drawn up by traffic police officers. At the same time, the legality of their actions, the correct classification of the violation, often causes the driver’s disagreement.
The law has established very clear mechanisms that allow you to appeal against the actions of a traffic police officer and achieve the restoration of your rights.
Complaint against a decision to impose an administrative fine
A significant part of administrative fines is imposed by decision of the head of the traffic police or the head of the police department. At the same time, an appeal against such a decision is aimed at its cancellation. Accordingly, complaining to higher management, for example, to the regional police department, is pointless. They simply do not have the power to overturn such decisions.
If you disagree with the decision made to impose an administrative penalty, there are two options for appeal:
- You can contact the prosecutor's office. The powers of the prosecutor are to lodge a protest against the decision of the traffic police. Such a protest is considered by the same person who made the decision. Therefore, its satisfaction may be refused. However, as a rule, prosecutorial protests are satisfied.
- Appeal to court. In this case, the person files a complaint with a request to cancel the traffic police decision. At the same time, he is obliged to motivate his complaint, indicating in it sufficient grounds for cancellation.
IMPORTANT:
The law sets a period of 10 days for appealing the decision. The duration of this period begins from the day the person receives this document.
Reasons for contacting the prosecutor's office
The work of the prosecutor's office is regulated by Law of January 17, 1992 No. 2202-1. Among other things, the department initiates inspections of employers who commit unlawful acts against their employees.
An employee may file a complaint against the employer with the prosecutor's office in the following cases:
- The employer regularly fails to pay wages.
- The employee was denied employment without objective reasons.
- Labor safety standards are violated at the workplace (the employer does not provide PPE, special clothing, etc.).
- They do not pay for overtime or work on weekends and holidays.
- The employer persuades the employee to resign.
Not all reasons for filing a complaint are listed. An employee can contact the prosecutor's office when his labor rights are violated.
For your information! If the complaint to the prosecutor's office contains information about a violation of labor rights only, then the labor inspectorate will consider the appeal, but only on the proposal of the prosecutor.
Any written appeal to a state body or local government body is considered within 30 days from the date of registration. If a request for any data or additional documents is required, the consideration may be extended by 15-30 days.
Complaint against the actions of a traffic police officer
Download a sample complaint against a traffic police officer
If disagreement is caused by the actions of a traffic police officer, then the person has several options. In particular, he can appeal in administrative proceedings against certain actions or inactions. For example, action can be expressed in incorrectly measuring the distance between cars during an accident, inaction - in the absence of photo recording, and so on.
Satisfaction of such a complaint will provide an opportunity to challenge the decision to impose administrative liability.
If the actions of a traffic police officer are obviously unlawful, then you should contact the prosecutor’s office, the internal security agencies of the Ministry of Internal Affairs or the investigative committee.
How to file a complaint
Such complaints are drawn up in any form. The main thing is that its contents make it clear what exactly the person disagrees with. It is necessary to consistently indicate the action of the traffic police officer, note where he is wrong, and also justify his position.
When filing a complaint, you must indicate the exact name and address of the institution where it is being filed. You should also include your personal and contact information.
Legislation
The activities of inspectors are regulated by three types of acts: federal laws, decrees of the President of the Russian Federation and orders of the Ministry of Internal Affairs.
The central role is played by the Federal Law “On Police” and the Administrative Regulations, which are enshrined in the order of the Ministry of Internal Affairs in 2021. Documents not only establish the powers of officials, but also record their responsibilities and the rights of citizens.
Paragraph 9 of the Administrative Regulations indicates that road users can challenge the actions of the traffic police. The protest is addressed to both higher authorities and the prosecutor's office. The general provisions governing the appeal procedure are enshrined in section 5 of the Administrative Regulations.
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Step-by-step instructions and sequence of stages for filing a complaint against a traffic police officer
If we are talking about challenging the decision on punishment, then the relevant applications should be submitted directly to the court or prosecutor's office.
If it is necessary to bring a traffic police officer to disciplinary liability and to understand the validity of his actions, a certain procedure must be followed. It needs to be specified in more detail:
- When filing a complaint against an ordinary employee, it should be addressed to the head of the police department;
- If satisfaction is refused, you need to contact the regional department of the Ministry of Internal Affairs. At the same time, the complaint must indicate disagreement with the response of the head of the department and reflect the illegality of the initial actions of the traffic police officer;
- If you receive a refusal from the regional Ministry of Internal Affairs, you can contact the prosecutor's office or court.
ON A NOTE!
The law does not limit applicants, and they can simultaneously file complaints with both the court and the prosecutor's office.
Telephone complaint against a traffic police officer
Complaints are also accepted by telephone. in this case, you need to call the telephone number of the duty station of the regional department of the Ministry of Internal Affairs or the helpline. All incoming complaints must be recorded, so it will be possible to hide complaints or ignore them.
In this case, during its consideration, an authorized employee will definitely contact the applicant to receive an explanation on the merits of the appeal.
Complain against a traffic police officer online
Each police department and department of the Ministry of Internal Affairs has an email address for submitting complaints online. Such addresses are freely available. At the same time, the procedure for considering complaints received online is no different from the procedure for considering regular complaints.
Claim for illegal drawing up of protocol
Drawing up a protocol is the action of a traffic police officer. Accordingly, it should be appealed directly to the supervisor of such an employee and further according to the above instructions. In addition, you can immediately contact the prosecutor's office or court through administrative proceedings.
Complaint about boorish behavior
When communicating with citizens, a traffic police officer must be correct and polite. Any rudeness, outright rudeness, insults are completely unacceptable. Such behavior clearly becomes the basis for severe punishment of a police officer.
A complaint for boorish behavior should be filed with the immediate supervisor of the traffic police officer or with the regional department of the Ministry of Internal Affairs. In any case, they will organize an official inspection and establish the fact of boorish behavior. At the same time, the arguments of the complaint should be confirmed by video or audio recording. Otherwise, the traffic police officer will deny everything, his partner will support him and the complaint will be considered unsubstantiated.
Complaint against a traffic police officer to the prosecutor's office
A complaint against a traffic police officer in 2021 can be filed with the prosecutor's office. Applications are accepted in person, by mail or online. In each case, the prosecutor's office is obliged to verify the applicant's arguments and make a reasoned decision on the complaint.
When submitting, you must indicate your address and the nature of the appeal, otherwise the complaint will be considered anonymous and left without consideration.
Complaint against a traffic police officer to court
As indicated above, one of the options where to complain about the traffic police is the court. However, the court only accepts complaints about specific actions or inactions of traffic police officers. Accordingly, the applicant must request that a particular action or inaction be declared illegal and an obligation to eliminate the violation be imposed. Also, complaints against sentencing decisions are filed with the court.
It is impossible to appeal boorish behavior in court.
Complaint against a traffic police officer to the internal security service
It is important to know how to file a complaint against a traffic police officer and where exactly it should be filed. Thus, contacting the personal security service is allowed only if a traffic police officer has extorted a bribe or committed other illegal actions.
If we are talking about challenging a protocol or resolution, then you should contact the court or the prosecutor’s office, and not your own security service.
Where exactly and how to file a complaint
You can submit a complaint to the prosecutor's office in the following ways:
- Deliver in person. In this case, the citizen submits the complaint to the office employee. He records the data in a special journal and puts a mark of receipt on the employee’s copy. The complaint is then submitted for consideration.
- Get help from a representative. Using a notarized power of attorney, the representative transfers documents to the prosecutor's office in a similar way.
- By mail. In this case, the documents must be sent by registered mail with a description of the contents and a receipt. The notification will confirm receipt of the complaint. This method slows down the time it takes to resolve the issue, since the letter may get lost when sent.
- Electronically. This is done through the Internet reception or government services website. You will need to fill out special fields. In response, you will receive a notification that your request has been received.
A complaint must be filed with the prosecutor’s office in which the citizen’s area of residence belongs. When submitting in person, you must have identification documents with you.
Attention! After the prosecutor's office has carried out its work (collecting information, checking), the citizen must receive an answer (according to Article 10 and Article 27 of Law No. 2202-1). If the complaint is submitted anonymously, then a notification will not be sent for obvious reasons.
Based on the results of the inspection, the employer may be required to correct violations within a specified time frame. If this does not happen, then administrative liability may be imposed on him.
Rights and responsibilities of a traffic police officer
Such an official has the right to stop cars and check whether drivers have documents. In addition, if there is information about the driver committing illegal actions, he has the right to inspect the car in the presence of witnesses.
When an offense is detected, a traffic police officer is obliged to draw up a protocol about it and submit it to his superiors for consideration.
Traffic police officers must be polite, must explain their rights to drivers and other citizens in detail, and present all documents drawn up for review.
However, they do not have the right to prohibit audio or video recording of what is happening.
Nuances
When appealing, the 10-day deadline must be strictly adhered to. Also, the appeal must accurately indicate the time and date of the event, as well as the known personal information of its participants. It is important to clearly express your thoughts, and at the end of the complaint indicate what exactly is required to restore your rights. For example, indicate a request to cancel a protocol or resolution, or bring a traffic police officer to disciplinary action.
Thus, if you disagree with the actions of traffic police officers, you should definitely file a complaint. Moreover, applicants can submit them both in person and online.
