Complaint against a decision on an administrative offense

Complaint against a decision in a case of an administrative offense

A complaint against a decision in a case of an administrative offense is a procedural document in which disagreement is expressed either with the decision in whole or with part of it.

This complaint is not an appeal, since the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Administrative Offenses Code of the Russian Federation) establishes its own procedure for appealing decisions that have not entered into legal force.

The Code does not provide for the filing of appeals, although both complaints, despite different names, have the same meaning - the cancellation or modification of a decision adopted in the first instance.

Who has the right to appeal?

The list of persons who have the right to appeal a decision of a judge or official is named in Articles 25.1 - 25.5.1 of the Code of Administrative Offenses of the Russian Federation. They are:

a person against whom proceedings are being conducted for an administrative offense (Article 25.1);
victim (Article 25.2);
legal representatives of an individual (Article 25.3);
legal representatives of a legal entity (Article 25.4);
defender and representative (Article 25.5);
Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs (Article 25.5.1).

In addition, a decision in a case of an administrative offense made by a judge can also be appealed to a higher court by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense (Part 1.1 of Article 30.1). Those. The right to appeal belongs to the official who drew up the protocol on the administrative offense and sent it to the court for consideration.

Deadline for filing a complaint

A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.

If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint

Complaints against decisions in cases of administrative offenses provided for in Articles 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58, 5.69 of this Code may be filed within five days from the date of delivery or receipt of copies of decisions

Filing a complaint against a decision on an administrative offense

As established by Art. 30.2 of the Code of Administrative Offenses of the Russian Federation, a complaint against a decision on an administrative offense is submitted to the judge, body, or official who issued the decision on the case. In this case, the complaint can be filed directly with the court, a higher body, or a higher official authorized to consider it.

When appealing a judge's decision to impose an administrative penalty in the form of administrative arrest or administrative expulsion, the complaint is sent to a higher court on the day the complaint is received.

A complaint against a judge’s decision to impose an administrative penalty in the form of administrative suspension of activities is sent to a higher court on the day the complaint is received.

Filing a complaint is not subject to state duty.

Requirements for a complaint against a decision

The Code of Administrative Offenses of the Russian Federation does not make any special requirements for the content of a complaint against a decision in a case of administrative offenses. However, the complaint must contain the following mandatory elements:

Name of the court or body where the complaint is filed;
Last name, first name and patronymic of the applicant, his actual address of residence;
Title of the complaint;
Reference in the text to the contested resolution: by whom and when adopted, the imposed administrative penalty;
Arguments justifying disagreement with the appealed decision;
An expressed request to cancel or amend the appealed decision;
Signature, surname and initials of the applicant, date.

Samples of a complaint against a decision on an administrative offense

Complaint against a decision in a case of an administrative offense under Art. 12.26 Code of Administrative Offenses of the Russian Federation
Complaint against a decision for not wearing a seat belt

What is a ruling on an administrative violation?

The legislation in force in the Russian Federation clearly regulates the process of making decisions based on the results of consideration of cases of offenses. Thus, a resolution on an administrative offense (Administrative Offenses Code of the Russian Federation) can be issued by an official or body that is authorized to do so in accordance with the law. Examples of these could be tax inspectors, traffic police officers, executive committee bodies and other persons who deal with the object of the offense.

If during the process it turns out that the action carried out is subject to criminal rather than administrative punishment, the case should be transferred to the authorities authorized for criminal matters (for example, to the prosecutor's office).

A resolution on an administrative offense is an administrative procedural document that records the fact of an administrative offense and serves as the basis for initiating proceedings.

This document must indicate:

date, place of compilation
position, body, surname, name, patronymic of the person who compiled the protocol
information about the identity of the offender (last name, first name, patronymic, year, date and month of birth, place of birth, place of residence and work)
place, time and plot of the administrative offense
indication of the legal norm that is violated and which provides for administrative liability
names and addresses of witnesses and victims, if any
explanation of the face. committed an offense
other information. necessary to resolve the case

This document has legal force, i.e. the violator is obliged to fulfill his order and, for example, pay a fine. However, it is at this stage that a citizen has the right to draw up a complaint of a certain type, disagreeing with the stated arguments regarding an administrative offense.

Lawyer in drawing up an administrative complaint in Yekaterinburg

Our lawyers explain to you the need to submit a package of documents (an administrative complaint against a decision in an administrative case + an appendix to it) through the court in which the decision was made. If the decision in the case has already entered into legal force, a supervisory complaint in an administrative case can be filed for you (more details at the link).

Payments for lawyers' services depend on several factors. One of them is the amount of work. Sometimes clients require a professional to accompany them at all stages of the appeal, and in some cases, just drawing up a complaint is enough. Familiarize yourself with our successful processes under the heading of legal practice on the issues of consideration of a complaint in an administrative case, so we will prove to you our professionalism and competence in solving the problems of those who have applied for legal assistance.

Attention : watch the video on protecting rights in administrative cases, and also subscribe to our YouTube to learn the advice of a lawyer and receive free advice from a lawyer in Yekaterinburg through comments on the video.

How to file a complaint in an administrative case?

First of all, it indicates the name of the court and the exact address of the structure that issued the appealed act. Next, it is important to list information about the person who is filing the complaint. This list includes place of registration, residence, occupation, etc.
If other persons are involved in the case, their names should be indicated. For example, if we are talking about a witness to an accident. The document indicates the first instance in which the case was heard. An experienced lawyer knows that it is necessary to describe the points with which the client does not agree. A complaint to an administrative court must be structured. This will make it easier for the judge to read the paper. You must write in simple language, without unnecessary digressions, but at the same time do not forget about the validity of judgments and the legal basis for conclusions.
This will help to place the correct emphasis in the text of the complaint in the case of an administrative offense. Thus, it is easy to notice what the principal considers most important and what is secondary. It is also possible to list here the procedural requirements that do not allow an objective consideration of the situation. In addition, the complaint includes facts that were not previously considered. If there is information about contradictions in the testimony of eyewitnesses, they should be indicated in the paper. Also important are nuances that may cast doubt on the outcome of the case.
If the document initiates a mitigation of punishment, then you need to focus on collecting facts that reduce guilt. Lawyers here write what rights of the client were violated, referring to clauses in the laws. In complaints in administrative cases against court decisions that have already taken place, experts refute the conclusions of the judges. It is up to you to decide whether you need to appeal the court decision, but in practice we always recommend making full use of the right to defense; filing a complaint in an administrative case will help to realize this. It is not customary to discuss inaction, so it is better to refrain from expressing in detail your own opinion on how to conduct business.

Withdrawal of a complaint in an administrative case

If for some reason the person who filed the complaint changes his mind, so to speak, to complain, he has the right to submit a written refusal of it, withdrawing his complaint. This can be formalized in the form of a petition not to consider the complaint on its merits, due to the fact that it is being withdrawn by the person who filed it. You can file it as an application to withdraw the complaint, and also indicate that you are asking not to consider the complaint on its merits.

In this situation, the authorized person must consider the petition and make a determination. In this case, the corresponding petition can be considered by the judge both when preparing the complaint for consideration and during its consideration.

Based on the results of consideration of the petition, the proceedings should be terminated.

Making a decision on a complaint

Based on the results of consideration of a complaint against a decision in a case of an administrative offense, one of the following decisions may be made (Article 30.7 of the Code of Administrative Offenses of the Russian Federation):

On leaving the decision unchanged and the complaint unsatisfied: this means that the court/official considered that you committed an offense and everything was filed correctly
To change the resolution, unless this increases the administrative punishment or otherwise worsens the position of the person in respect of whom the resolution was made: for example, the amount of your fine was reduced. They cannot increase it.
On the cancellation of the decision and on the termination of the proceedings: you are not guilty of anything or the statute of limitations has expired, in general, there will be no punishment.
On the cancellation of the decision and on the return of the case for a new consideration: the question of whether you committed an offense will be considered anew.
On the cancellation of the decision and on sending the case for consideration according to jurisdiction, if during the consideration of the complaint it is established that the decision was made by an unauthorized judge, government body, or official. The question of whether you committed an offense will be re-examined in another court/by another authority.

Thus, an appeal against a decision on an administrative offense, as a general rule, can be made within 10 days from the date of acceptance (transfer) of a copy of such a decision. The content and structure of the complaint are not directly determined by law.