Complaint against a traffic police officer: grounds, step-by-step instructions for drawing up and sequence of stages for filing an application

Traffic police officers ensure road safety and monitor compliance with traffic rules. However, the norms of current legislation are not always observed. If the driver's rights have been violated, he can file a complaint against the traffic police officer. It must be compiled correctly. The completed documents must be submitted to the authorized bodies. The applicant's demands will be approved if they are legitimate. If they refuse to respond to a violation, a complaint against the traffic police officer can be filed in court.

When can you complain about a traffic police officer?

Traffic police officers must act in accordance with the administrative regulations of the Ministry of Internal Affairs of the Russian Federation. All checks and procedures are carried out strictly in accordance with the provisions of the regulations. However, in practice the rule is not always observed. A citizen has the right to write a complaint against a traffic police officer if he has violated the law through his actions or inactions. An application can only be made if there are grounds. In any other situation it will not be considered. When assessing the actions of traffic police officers, you need to rely on a number of criteria, the list of which includes:

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Classification of the violation committed. It must be done correctly. It is worth checking the information specified in the protocol. It must correspond to reality.
Checking the requirements for compliance with current legislation. The inspector has the right to demand that the car be inspected or any examination carried out if this is provided by law.
Legality of actions. You need to make sure whether the traffic police officer has the right to use any specialized means.

Once you are sure that a violation was committed, you can file a complaint against the traffic police officer. The culprit will be held accountable if the following circumstances occur:

the inspector violated official regulations or instructions, and also neglected the performance of official duties;
instead of a fine, a representative of the road inspection demanded a bribe;
assault was used;
there was a violation of the current legislation;
documentation of the violation was drawn up without the presence of the driver;
During communication with a citizen, rudeness or insult was committed.

The list is not exhaustive. If there are other violations, a person also has the right to complain to the traffic police inspector. What is important is the presence of the very fact of neglect of the provisions of the current legislation or failure to fulfill assigned duties.

Grounds for filing a complaint

According to Russian laws, a driver can file a complaint with the prosecutor's office against an inspector if his interests and rights are violated.

The following facts may serve as grounds for this:

Incorrect address to the car owner.
Failure to comply with the regulations of the Ministry of Internal Affairs of the Russian Federation.
Disagreements in the preparation of the protocol and resolution (appealable on an individual basis).
Unreasonable refusal to register a vehicle.

When filing a complaint, you must correctly and clearly indicate all violations of the police officer.

Normative base

Traffic police officers work in accordance with the norms of the Administrative Regulations of the Ministry of Internal Affairs. The document was approved on August 23, 2017 by Order of the Ministry of Internal Affairs of the Russian Federation No. 664. The norm stated:

A list of administrative procedures that traffic police officers have the right to carry out, and requirements for performing actions.
The procedure for applying administrative measures and the process of visiting the scene of an accident.
Features of appealing against actions committed by a road inspector and other nuances of pre-trial proceedings. It also reflects the time frame for considering a complaint against a traffic police officer and a list of grounds for filing it. Additionally, cases in which a response to the application is not given are indicated.
List of government agencies and officials who have the right to consider the applicant’s complaint.

Additionally, it is worth familiarizing yourself with the provisions of Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 and Order No. 707 of the Ministry of Internal Affairs of the Russian Federation dated September 12, 2013.

Rules for filing a complaint

The Civil Procedure Code regulates the procedure for appeal. It explains in detail the procedure for registering and submitting complaints. When drawing up this document, you need to describe the situation in detail in order. All circumstances must be described correctly. The statement against the police officer must reflect the clear motives and requirements of the car owner.

The application is written in free form, but it is recommended to use generally accepted standards for writing these documents.

Rights and responsibilities of a traffic police officer

The list of rights and responsibilities of a traffic police officer is recorded in the administrative regulations of the Ministry of Internal Affairs. The inspector may:

stop moving cars;
check documents;
draw up a protocol on an administrative offense;
make a decision to hold the citizen accountable.

A traffic police representative may ask the driver to leave the car or open the trunk. However, this is possible if the inspector suspects that there are technical faults in the car or that the driver is intoxicated. It is pointless to complain about such requests from representatives of authorized bodies. All of the above circumstances are the result of a subjective assessment of traffic police officers.

If there are circumstances that serve as a reason for detention, a representative of the authorized body has the right to escort the offender to the office premises or territorial police unit to make a final decision.

A citizen may be accompanied or sent to a place for medical examination to determine the presence of alcohol or drugs in the body. Inspectors can use photo, video and audio equipment, as well as information systems, to supervise traffic.

If an urgent situation arises, the inspector can use a vehicle that belongs to state, municipal authorities, public associations and organizations. In exceptional cases, it is possible to confiscate cars whose owners are individuals. This is done to immediately stop crimes. The exception is cars that belong to diplomatic representatives and consulates of foreign states.

Employees of the State Traffic Inspectorate also have a number of responsibilities. They have to:

Know the constitution and other current regulations.
Do not violate the rights of traffic participants.
Immediately arrive at the scene of a crime or accident, eliminate security threats, document the circumstances of the violation and ensure the safety of traces of the crime.
Provide first aid if people have been injured in an accident and the ambulance has not yet arrived.
Find out the circumstances of offenses committed in transport and traffic, and also take measures within the framework of their powers to prevent crime.
Ensure, within the limits of competence, the safety of citizens and public order.
Take measures in emergency situations to save citizens.
Take part in the search for persons who committed a crime.
Seize documents from citizens that show signs of falsification.
Notify authorized bodies of each case of inducement to commit a corruption offense.

Road inspectors have other rights and have responsibilities enshrined in Chapter No. 3 of February 7, 2011 of the Law “On the Police”.

Rights and responsibilities of a citizen when filing a complaint against a traffic police officer

A complete list of the rights and responsibilities of citizens when interacting with traffic police officers is also determined by the administrative regulations of the Ministry of Internal Affairs. In accordance with it, persons have the right to appeal against the actions or inactions of the inspector that led to the violation of rights and freedoms. You must contact a higher official or head of a government agency.

Step-by-step instructions and sequence of stages for filing a complaint against a traffic police officer

If a person is sure that his rights have been violated, to file a complaint against a traffic police officer he will have to follow the following procedure:

Prepare an evidence base. If a traffic police officer stoops to insults, it is worth filming this fact or recording it on a voice recorder. Witness statements may also be taken into account. The administrative record and other documentation can also help prove the applicant's case.
Make a statement. A sample complaint against a traffic police officer is fixed in the current legislation. The paper is drawn up in accordance with the general rules of office work. The document can be completed by hand or printed. No mistakes should be made when filling out. The personal data of the applicant must be indicated. Anonymous complaints will not be considered.
Submit the application to the authorized body. First of all, you need to contact the traffic police department where the employee who violated the current legislation works. The document is sent to the head of the department. If the action has no effect, or the complaint against the traffic police officer was wrongfully left without progress, the document is sent to the prosecutor's office. If success was not achieved again, but the applicant is confident that he is right, it is worth going to court.
Wait for the application to be reviewed. The response must be given within 10 days from the date of application. The decision is communicated in writing. It is sent to the address that the citizen indicated in the appeal. The application may be left without progress if the citizen neglected the established deadlines for filing and filed a complaint against the traffic police officer later. You are also given 10 days to report the incident.

Complaints against a traffic police officer can be made here.

Where and how can I complain?

According to the list, it is possible to file a complaint about violations of a traffic police officer in 2021 only in 3 instances - the Investigative Committee is excluded from the list, because if there is a suspicion of an act punishable by the Criminal Code, when filing a complaint with the prosecutor's office, it itself has the authority to initiate a criminal case and submit it to the relevant authorities for consideration.

But a 4th instance is still being added - this is the reception room of the President of Russia. When sending a complaint against a traffic police inspector here, as a rule, its effectiveness is paramount.

Here you will immediately have to report bad news: in most cases, all authorities above the traffic police unit in which the employee serves will send a complaint to his superiors: both the prosecutor’s office, the Internal Security Service and the President’s reception. To reduce the chance of this, it is best to write applications on paper and personally take them to each authority. In the statement itself, it is important to indicate all the addressees at the same time, so that other authorities see that you have already written to everyone and do not send the complaint down.

Complaint form

This is only relevant for a written paper complaint, and there is no point in even bringing it up, but we will do it anyway. In fact, you need to specify:

where do you send a complaint against a traffic police officer (remember, all authorities at once in each copy),
from whom, including your contacts,
statement title,
essence of the complaint: on what date and time in what place under what circumstances what happened,
your requirements - it is best to indicate specific violations and demand that the employee be checked and brought to disciplinary and administrative liability, as well as check for the presence of a criminal act - this will be most correct.

You may want to keep the correct complaint forms to file with all of these authorities in writing.

(DOCX format for filling out on a computer),
(PDF format with explanatory notes removed).

So, let's now look in order at the directions of appeal, how to do it, and to which recipients you can complain about the actions of the traffic police on official online websites!

To the inspector's superiors (online and in paper form)

Just fill it out correctly, print it in 2 copies, sign and take the completed complaint form to the traffic police department at the place where the offense was committed (and where the traffic police officer serves). Submit one copy of the complaint to the window and ask to put a stamp on the second copy or write down the incoming complaint number. In a similar way, you can submit paper complaints to all the authorities listed below.

Online

Go to the official website of the traffic police in the section for submitting applications. Read the warning and then check the box at the bottom of the page to read the rules and submit an appeal.

As a result, the application submission form will open. Unfortunately, you won’t be able to copy and paste the text from the sample and form above - the function is disabled on the site. How to turn it on again.

Next, fill out the form step by step:

select the region and division in which the traffic police inspector about whom you are complaining serves, you do not need to enter your position and full name,
fill in your full name and indicate both your email and postal address and telephone number,
Now proceed to the main thing - the text of the appeal, where you formulate your thoughts according to the model described above and the complaint forms provided.

Please note that an anonymous complaint against a traffic police officer will not be considered in any case.

The period for consideration of a complaint is a total of 33 days: 3 days for receiving the application and another 30 for direct consideration.

To the prosecutor's office

To submit a paper complaint to the prosecutor's office, you need to follow all the same steps as to the traffic police, only the address where you go with the complaint will be different.

To submit an online application against the violating traffic police inspector, go to the website of the Prosecutor General's Office of the Russian Federation and select your region in the drop-down list below.

As a result, you will be redirected to the regional website of the prosecutor's office. Or immediately go to the website of the Moscow prosecutor's office if the violation was committed in the capital.

Next, at the bottom, check the box indicating consent to the processing of personal data and click the button to receive a response in writing.
On the page that opens, select the district where the violation was committed from the drop-down list, and in the subject of the appeal, select the prosecutor of your region:
Then everything should be clear: contact information, the essence of the request, attached files (scans or photos of attached documents).

To the Department of Internal Security

To appeal the actions of a traffic police officer to the CSS, you will need to go to the Internet appeals page of the Russian Ministry of Internal Affairs service.

On the page, find among the authorities the Main Directorate of Internal Security.

Next, “Continue”, read the text on the page that opens, and submit your application. In the form that opens, the “to whom” and “addressed to” fields do not need to be filled out.

Something else useful for you:

Who is responsible for the car if the driver is picked up by traffic police officers and taken away?
Can traffic police patrol in a civilian or private car, stop and fine?
How long can a traffic police officer detain a driver after stopping?

To the Internet reception of the President

Everything here is similar to the previous options - go to the application website, read the text, click “Write a letter” and fill out the form. Please note that among the options for the addressee of the appeal, you must select “To the Administration of the President of the Russian Federation.”

Telephone complaint against a traffic police officer

You can also complain about a traffic police officer by telephone. To do this, you need to call the traffic police hotline. Her number is +7 (800) 222-74-47. It operates throughout the Russian Federation. There is no charge for the call.

You can contact the traffic police hotline in the following cases:

a traffic police officer asks for a bribe;
the inspector exceeds his authority;
questions arose regarding fines and debts;
the driver is accused of violating traffic rules without any reasonable grounds;
There are other issues relating to the functioning of the State Traffic Inspectorate and the work of its employees.

When you call, you need to clearly state the problem. Emotions must be removed. You need to talk politely, without aggression or rude phrases.

Complain against a traffic police officer online

A complaint against a traffic police officer can be filed online through the official website of the State Traffic Inspectorate. The application will be considered in accordance with the provisions of Federal Law No. 59 of May 2, 2006 and Order of the Ministry of Internal Affairs of the Russian Federation No. 707 of September 12, 2013. To file a complaint against a traffic police officer online, you must complete the following steps:

Go to the official website of the State Traffic Safety Inspectorate of the Russian Federation.
Click on the “Services” section. In the window that appears, click on the “Receive requests” item.
Study the information that appears and check the box next to “I have read the information.”
Click on the “Submit Appeal” item.
Fill out the online form. It must contain addressing information, information about the applicant and the address for response. The result of the application review can be sent by e-mail or classic mail. Record the phone number for quick communication, and also reflect the region in which the event occurred that served as the reason for filing a complaint against the traffic police officer. But if a person has previously contacted the authorized bodies on this issue, it is necessary to indicate the department to which the application was sent, as well as the date of filing the application. There is also a window for the text of the appeal. The essence of the issue is to be stated here. Additionally, you can attach evidence. They must be submitted electronically. To attach them to the application, you need to click on the “Attach file” button.
Enter the text from the image and click on “Submit Appeal”. The complaint against the traffic police officer will be submitted to the authorized body for consideration.

Once the application has been submitted, all that remains is to wait for a response.

How to challenge the passing of the exam in the traffic police?

You can also challenge the results of testing and driving when taking exams to obtain a driver's license.

If you disagree with the results of the exam, you have the opportunity to submit a written statement to the head of the inspector who took the exam. The statement should detail the events that took place, indicate what violations were committed during the examination, and what rules and laws they contradict.

The complaint must be accompanied by a written refusal of admission to the exam, issuance or replacement of a driver’s license.

You can appeal the actions of the inspector both to the immediate management, that is, to his boss, and to a higher authority of the State Traffic Inspectorate.

You can submit an application at the postal address of the inspection department, to the office of the organization in person or electronically through the official website of government services or the web portal of the local traffic police office.

The period for administrative consideration of such applications is 30 days.

Claim for illegal drawing up of protocol

The general form for filing a complaint against a traffic police officer is identical, regardless of the situation. However, the specifics when filling out documents may change. So, if a traffic police officer illegally drew up a protocol, the text of the appeal will have to indicate the document number, as well as describe in detail all the nuances of what happened, referring to the norms of the current legislation. At the end of the application, you will need to state the requirements and provide links to papers that serve as evidence.

Complaints against a traffic police officer for illegally drawing up a protocol can be found here.

What's there to complain about?

Inspectors can commit quite a lot of violations, and they occur frequently. Among them there are 2 main categories:

traffic violations - traffic police officers are obliged to comply with the Rules, just like citizens, except for the exceptions provided specifically for them,
violations of official duties, powers and rights provided for by internal Orders, Administrative Regulations introduced by Order No. 664, and the Federal Law “On the Police”.

Regardless of what exactly the traffic police inspector violated, the procedure for filing a complaint against him is the same.

Among the most common employee violations are the following:

parking in a prohibited stopping and parking zone without a flashing light,
most other traffic violations,
the requirement to stop the driver in the stop prohibition zone, unless this is caused by extreme necessity (clause 88 of the Regulations),
violation of the rules of inspection, inspection of a vehicle,
violation of the requirements of the Regulations regarding the examination for intoxication.

Complaint about boorish behavior

Rudeness on the part of a traffic police officer is also punishable. Finding himself in such a situation, a citizen has the right to complain against the inspector and demand that he be held accountable. The appeal is drawn up in accordance with the classical rules of office work. The citizen will have to provide personal data and information for operational communication, as well as state the essence of what happened.

Complaints against a traffic police officer for boorish behavior can be found here.

Complaint against a traffic police officer to the prosecutor's office

If a citizen has already appealed to the higher management of the State Traffic Inspectorate unit, and failed to achieve a positive result, you can submit an application to the prosecutor’s office. A complaint against a traffic police officer to the prosecutor's office must be made in writing. The paper must contain information about illegal actions committed against the driver. The form, completed in accordance with the rules, can be sent by mail in the form of a registered letter with a notification delivered in person. If required, copies of documentation confirming the citizen’s innocence must be attached to the application. Witnesses may be involved in the proceedings.

The period for consideration of a complaint against a traffic police officer by the prosecutor’s office differs from the standard one. Representatives of the institution are given 30 days to analyze what happened and make a decision. The period begins to count from the moment the complaint is registered. The citizen is then informed of the decision. If a claim is denied, the reason for such a decision must be communicated.

Complaints against a traffic police officer to the prosecutor's office can be found here.

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/ Legal articles on the topic of automobile law / Communication with the traffic police / How to write a complaint to the prosecutor’s office against the traffic police?

How to write a complaint to the prosecutor's office against the traffic police?

In the life of motorists, controversial situations with traffic police inspectors often arise. And as practice shows, the police are not always right in these disputes.

To resolve these disputes and conflicts, the driver has the right to write a complaint to the prosecutor's office, which is the body that oversees the implementation of laws.

You will learn about the grounds on which a complaint is filed against the actions of a traffic inspector, how to draw up this document, and what is the period for considering a complaint in our article today.

Grounds for complaint

A complaint against the actions of a traffic police officer can be filed if a motorist believes that the actions of a traffic police officer violated his rights.

This is important: the prosecutor's office does not consider complaints against decisions of the traffic police authorities issued on the merits of consideration of cases of administrative offenses. For example, if the head of the traffic police department ruled against the driver under Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, the resolution and imposed a fine, then only a higher official of the internal affairs bodies or a court can cancel this resolution, but not the prosecutor

We are talking about a wide range of situations, for example, an unreasonable stop of a vehicle without grounds or an unreasonable ban on video recording using a DVR.

Also, the subject of a prosecutor's inspection may be certain procedural violations committed by traffic police officers when drawing up a protocol on an administrative offense.

A motorist can also contact the prosecutor’s office if the traffic inspector behaved incorrectly towards the driver, violated the norms of the relevant Administrative Regulations of the Ministry of Internal Affairs of Russia, unreasonably refused to register the car, did not act during a car accident, etc., etc.

Rules for filing a complaint

A complaint against the actions of the traffic police is drawn up in free form, however, when filing it, you should adhere to certain recommendations.

Thus, when drawing up a complaint, it is recommended to write its text clearly, concisely and in understandable language, without using filler words, and avoiding offensive expressions. The complaint should describe the situation in free form and provide a reasoned explanation of exactly what your rights were violated and what it was.

You can attach evidence to the complaint that substantiates the motorist’s demands (photos, videos, etc.

After the complaint is written, it, along with the attached documents, should be sent to the prosecutor's office. This can be done in person on the spot, or via mail, by sending a letter.

You can also submit a complaint via the Internet by sending it by email or other accessible method (for example, through the application form on the official website of the prosecutor’s office).

The filed complaint must be considered within 30 days from the date of its registration with the prosecutor's office. After the specified period, the prosecutor is obliged to notify the author of the complaint in writing about the results of its consideration.

If the complaint is recognized as justified, the prosecutor's office is obliged to take response measures by initiating bringing the traffic inspector to liability established by law.

If, after reading our article, you still have questions regarding appealing the actions of traffic police officers to the prosecutor's office, we advise you to get legal advice online using this form:

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Complaint against a traffic police officer to court

If other methods of resolving conflicts are unsuccessful, you can file a complaint against the traffic police officer in court. The specifics of filing a complaint are changing. It should indicate:

full name of the judicial authority and its postal address;
personal data of the plaintiff and his registered address;
the address to which the result of the decision will be sent, and a telephone number for prompt communication;
information about the defendant;
the essence of what happened;
applicant's requirements;
links to current legislation;
date and signature.

Complaints against a traffic police officer can be filed in court here.

What should the complaint contain?

The contents of this document should be given special attention. Because it depends on how seriously the prosecutor’s office will take him and whether he will be accepted at all.

As mentioned above, a sample complaint against a traffic police officer to the prosecutor’s office can be downloaded for free from our website.

However, to provide greater clarity, it is necessary to clarify exactly which points need to be reflected in the complaint.

Contents of the statement:

Where is the statement containing the complaint addressed?
Badge number, full name and position, the traffic inspector must provide this information to the driver upon first request.
Vehicle driver details.
Place, time and date of the incident.
A detailed statement of the essence of the problem, that is, specific complaints about the work of the police.
The date of the complaint and the signature of the applicant.

Nuances

There are a number of nuances that should be taken into account when writing a statement of complaint against a traffic police officer. It is better to create a printed document. This will allow you to correct errors and make it possible to avoid problems with reading the document that may arise due to illegible handwriting.

You cannot hang offensive labels on a person who has committed a violation. Thus, the use of the term “bribe-taker” is unacceptable. In another situation, a counterclaim may be filed against the applicant demanding liability for insult.

If there are witnesses, you need to formally involve them in the case. Passengers can also play this role, but only if they are not relatives of the driver.

If there is no opportunity to present documentary evidence, during the trial it is allowed to file a motion to obtain evidence. The applicant must indicate the fact that it is impossible to present them in person and indicate the government authorities that can do this.