Sample complaint against a decision on an administrative offense

Sample complaint against a decision on an administrative offense

In Chertanovsky District Court of Moscow 117556, Moscow, st. Artekovskaya, no. 3a through the office of the judicial district of the magistrate No. 230 of the Chertanovo district Central city of Moscow 117570, Moscow, Krasnogo Mayak st., no. 13b

from Vladimir Valerievich Zhelonov, living at the address: 111000, Moscow, st. Shipilovskaya, 60, building 1, apt. 10 tel.: 8-999-333-77-XX

COMPLAINT against the resolution of April 1, 2021 in the case of administrative offense No. 5-333/16

By the resolution of the magistrate of the court district No. 232 of the Chertanovo Northern district of the city of Moscow K. (acting magistrate of the judicial district No. 230 of the Chertanovo Central district of Moscow) dated April 1, 2021 in administrative case No. 5-333/16, I was found guilty of committing an administrative offense an offense under Part 1 of Article 12.26. Code of Administrative Offenses of the Russian Federation, and I was given an administrative penalty in the form of a fine in the amount of 30,000 (thirty thousand) rubles with deprivation of the right to drive vehicles for a period of 1 (one) year 6 (six) months.

I consider the decision to impose administrative liability (imposed administrative punishment) to be unlawful and subject to cancellation, since this resolution was made illegally due to the absence of an administrative offense event, which means the actual fact of my committing an act (action, inaction) prohibited by the norm of the Code of Administrative Offenses of the Russian Federation.



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On March 12, 2021, at about 00 hours 30 minutes, I was actually in the interior of my VAZ “210430” car, state registration plate “X 000 XX 01” in the parking lot near the house at the address: Moscow, st. Krasny Mayak, 17, building 2. I arrived at the indicated house on March 11, 2021 at about 11:50 pm. absolutely sober. A few minutes later the car ran out of gas and died. When my friend Ivan Andreevich Sidorov (living: Moscow, Moskovskaya St., 1, building 1, apt. 1, mobile phone: 8-999-656-00-00) came out to me, I decided to drink with him vodka that was in my car. After drinking about 150 grams, I entered into a verbal conflict with the parking security guard who was dissatisfied with my parking in the courtyard of the house. After some time, at approximately 00:30, a traffic police crew drove up to my car, from which a police officer got out and asked me to show my documents. I complied with the legal requirements of the traffic police officer and presented the necessary documents. Next, the traffic police officer, in the presence of the above-mentioned security guard and a passer-by, whom he brought in as witnesses, suggested that I undergo a medical examination for alcohol intoxication. I categorically disagreed with this demand of the police officer, since I understood that at that time I was not a participant in traffic, my car was parked, not moving, the engine was turned off, especially since there was no gasoline in the tank and this was technically impossible.

In accordance with the disposition of Part 1 of Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, liability arises for the failure of the driver of a vehicle to comply with the requirement to undergo a medical examination for intoxication. In accordance with Art. 1.2 Decree of the Government of the Russian Federation dated October 23, 1993 N 1090 (as amended on September 10, 2016) “On the Rules of the Road” (together with the “Basic provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety”) the driver is a person driving any vehicle.

Control is understood as the performance of technical actions related to setting the vehicle in motion, moving away, the process of movement itself up to stopping, in accordance with the purpose and technical capabilities of the vehicle.



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Thus, at the time of checking the documents and offering to undergo an alcohol intoxication test by traffic police officers, I was not a participant in the road traffic, since I was in an unstarted car.

I did not violate the requirements of the charged administrative offense, since the event of the administrative offense itself was absent.

According to Art. 26.1 of the Code of Administrative Offenses of the Russian Federation in a case of an administrative offense, the existence of an event of an administrative offense is subject to clarification.

In accordance with clause 13.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise in courts when applying the Code of the Russian Federation on Administrative Offences”, if during the consideration of the complaint it is established that in the actions of a person, in in respect of which a protocol on an administrative offense has been drawn up, does not contain the elements of an administrative offense, or the event of an administrative offense itself was absent, then such a resolution is subject to cancellation with a decision to terminate the proceedings in accordance with paragraph 1 or paragraph 2 of Article 24.5 of the Code of Administrative Offenses of the Russian Federation.

Taking into account the above, by virtue of Part 1 of Art. 24.5 and part 1.1 of Art. 29.9 of the Code of Administrative Offenses of the Russian Federation is the basis for termination of proceedings in a case of an administrative offense due to the absence of an administrative offense event.

According to Part 5 of Art. 30.2 of the Code of Administrative Offenses of the Russian Federation, a complaint against a decision in a case of an administrative offense is not subject to state duty.

I received the court order at the office of the court district on April 5, 2021, which is indicated in the administrative case materials.

Based on the above, guided by Chapter 30 of the Code of Administrative Offenses of the Russian Federation

ASK:

1. The decision in the case of administrative offense No. 5-333/16 dated 04/01/2021, issued by the magistrate of court district No. 232 of the Chertanovo Northern district of the city of Moscow K. is cancelled, the proceedings in the case of an administrative offense against me are terminated on the basis of paragraph 1 Part 1 Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, due to the absence of an administrative offense event.

2. For a comprehensive and complete consideration of my complaint, I ask:

• call and interview traffic police officers who prepared the administrative material;
• request and examine in court the recording from the DVR of the car of traffic police officers (which, according to the requirements of the regulations of the Ministry of Internal Affairs of the Russian Federation, must be stored for at least a year) confirming that I was not driving the vehicle;
• call and question in court witnesses present when compiling administrative material;
• summon and question witness Ivan Andreevich Polzov in court.

Appendix: copy of the resolution in the case of administrative offense No. 5-333/16 dated 04/01/2021 on 3 sheets.

"08" April 2021

________________/______/

(signature) (full name)

basic information

A complaint allows you to defend the rights and interests of a person. It indicates some kind of violation. For example, this may be a situation where the management organization does not fulfill its functions. This may also be a violation of the employee’s labor rights by the employer.

A complaint is an official document that is considered by the recipient without fail. The claims set out in it are either satisfied or declared worthless. Any person can file a complaint. As a rule, complaints are directed to the official or company.

A complaint is traditionally considered a tool for pre-trial resolution of a conflict situation. It is a step towards preparing a claim. The presence of a complaint will confirm that the plaintiff tried to resolve the conflict at the pre-trial stage. If the recipient refuses to satisfy the claim, a copy of the document is attached to the claim. The paper will be considered one of the evidence in the court case.

Sometimes claims are filed at the same time as going to court. It all depends on the subject of the dispute.

Complaint functions

The complaint is drawn up for the following purposes:

• Quick resolution of the conflict that has arisen.
• Dispute resolution without going to court.
• Preparing to file a claim in court.
• Application of measures of influence in relation to the offender.
• Collection of evidence for the court.

Complaints help quickly resolve disputes. A written request and an official form of the document ensure that the sender will definitely receive a response.

The concept of an administrative claim and an administrative claim

Although the CAS of the Russian Federation introduces the concept of “administrative claim,” it does not contain a corresponding norm-definition (definition of the concept).

An administrative claim can be defined as a demand addressed to the court of first instance for the protection of public material rights, freedoms and legitimate interests.

An administrative claim is a document that may contain several administrative claims. For example, an administrative plaintiff has filed more than one substantive claim. Thus, according to Article 124 of the CAS of the Russian Federation, an administrative claim may contain the following requirements:

1. on recognition as invalid in whole or in part of a normative legal act adopted by the administrative defendant;
2. on declaring illegal in whole or in part a decision made by an administrative defendant, or an action (inaction) committed by him;
3. on the obligation of the administrative defendant to make a decision on a specific issue or take certain actions in order to eliminate violations of the rights, freedoms and legitimate interests of the administrative plaintiff;
4. on the obligation of the administrative defendant to refrain from performing certain actions;
5. on establishing the presence or absence of authority to resolve a specific issue by a government body, local government body, other body, organization vested with certain state or other public powers, or an official.

An administrative claim may contain other requirements aimed at protecting rights, freedoms and legitimate interests in the field of public legal relations.

Features of compilation

There is no standardized complaint form. And this applies even to claims sent to government agencies. However, there are standard requirements:

• Jargon and obscene expressions are excluded. The letter must be written in a business style. If the text contains, for example, obscene language, the complaint does not receive legal force.
• The letter should be concise. The text should not be long. However, the document must contain all information that is essential in a particular situation.
• It is advisable to exclude expressions that can be interpreted in two ways. The text must be completely unambiguous. Its reader must fully understand the message intended by the sender.
• All accurate information must be entered correctly. For example, such data includes dates, numbers, addresses, full names.
• The recipient must be specified correctly. The speed at which the document is reviewed depends on who the recipient is. Who should I send my complaint to? When choosing a recipient, the principle of hierarchy must be taken into account. If, for example, a person complains about a seller, it makes sense to send the document to the administrator or manager, rather than to the director. Sending a document to a higher authority is not always a good decision. Most likely, such a complaint will take a very long time to be considered. The quality of its consideration will also suffer.

The text must be literate. Blots and amendments should be excluded. If a mistake is made, it is better to rewrite the text of the complaint. It is also worth remembering that the claim must be substantiated. It is recommended that the document refer to the regulations/laws that were violated.

In general, the requirements for a complaint are standard. First comes the “header” with the required details (full name of the sender, recipient, company name). It is followed by the title and then the text of the complaint. The document ends with an indication of the date, a signature and its decoding.

ADVICE! If consideration of the complaint is important for the sender, it makes sense to contact a lawyer. He will help you draw up the document correctly and make all the references to the required laws.

Drawing up a resolution

The authorized body shall consider the case only if it has notified the person of the date, place and time. And such a person did not submit a reasoned request to postpone the case. Or a petition for consideration of the case at the place of his residence (for more details, see the statute of limitations for bringing to administrative responsibility). Of course, the petition is subject to consideration. And the relevant body has the right to satisfy it, but also the right to refuse. However, the person reviewing the materials must justify the reasons for the refusal. Subsequently, the unconvincing motives can be used in the complaint.

Violation of the rules for notifying a person who is being held administratively liable is a significant procedural violation. And in such cases, the participant in the case can successfully appeal the decision on an administrative offense.