Complaint against a decision on an administrative offense

How should an administrative complaint against a decision in an administrative case be formalized?

ATTENTION: our lawyers in administrative cases will help you draw up a complaint regarding a case of an administrative offense, and, if necessary, they will take up the procedure for appealing an administrative decision if you apply already at the stage when the decision on the case has taken place.

How to file a complaint in an administrative case?

1. 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.
2. 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.
3. 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.
4. 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.

USEFUL: more tips on filing complaints in the video tips, write your question in the comments of the video

How to file an appeal against an administrative offense, sample application form

Sample complaint against a decision on an administrative offense

There is no application form strictly established by law, so it is worth using a sample complaint to the court against a decision, which will help you correctly state the appeal.

Among the mandatory requirements is the preparation in accordance with the rules established for any business documentation:

• availability of required details;
• clear and concise text, without obscene language and similar phrases, curses;
• no grammatical errors or corrections;
• if written by hand (today statements can also be produced by machine), care should be taken to ensure that the text is legible and understandable;
• The document is drawn up on a sheet of A4 paper; writing in black or blue ink is allowed.

In fact, there is nothing complicated, but if the described requirements are not met, the court office has the right not to accept the complaint on the basis of violation of the rules for drawing up and filing.

Mandatory attention should be paid to the presence of established details for documentation of this type, and in this case it is important to indicate:

• name of the recipient body of the document;
• information about the applicant (full full name and contacts must be indicated);
• document's name;
• introduction to the main text containing details of the decision that is being submitted for appeal;
• describe the essence of the problem and provide reasonable objections;
• listing your requirements;
• a note on the attachments (in addition to a copy of the decision subject to appeal, you should attach other documents confirming your case);
• date and personal signature.

An approximate presentation of the main part with an introduction and requirements can be found in the proposed sample application for appealing a decision on an administrative offense, but only by selecting them based on the essence of your question. Or you can simply write that you are asking to cancel the decision and return the case for consideration again due to violations of procedural rules (but in this case you will need to clearly justify the identified violations with references to the law).

Deadline for filing a complaint in an administrative case

A complaint to an administrative court must be filed by an appropriate person, who, as a rule, is the person in respect of whom the relevant decision has been drawn up.

It is equally important that the complaint in a case of an administrative offense is sent to the appropriate authority: when appealing a decision in court, it is necessary to note that the complaint is sent to the court at the location of the relevant authority. If you have an administrative procedure, then you should contact a higher official (authority).

And finally, last but not least, there is a certain period for filing a complaint: 10 days from the moment the person learned that a corresponding decision had been made against him (this is either the moment of delivery or the date of receipt of this act). Don't miss the 10 days to file an appeal; find out more about the deadlines for filing an administrative complaint by following the link. It should be taken into account that this period is not irreparable, which in turn means that you can exercise your right to appeal without missing it. To implement this, it is necessary to attach a corresponding petition to the complaint, in which you must indicate a valid reason that prevented you from filing a complaint earlier with confirmation of the relevant evidence documents.

ATTENTION: the deadlines for filing a supervisory appeal in an administrative case when a judicial act has already entered into legal force are not provided for by law, which makes it possible to initiate a review of a court decision at any time.

What provisions of the Code of Administrative Offenses can be referred to?

It should be understood that the process of drafting a document will be more effective if the drafter has at least a minimum of knowledge of legal norms. The compiler must have an idea of ​​exactly how the complaint should be substantiated.

The main point is the indication of links to certain administrative norms contained in the Code of Administrative Offenses :

• The first rule is contained in Article 30.1 discussed earlier. It has general significance, determining whether a person has the right to appeal an administrative decision taken against him. You can refer to it under any circumstances;
• The second norm - Article 2.9 - is indicated if it is necessary to prove the mildness of the offense committed, its insignificant significance. You can indicate this article if there are compelling reasons to believe that there are signs of insignificance. This is possible if the offense is regarded as formal, the person has not violated any interests of citizens and no harm has been caused to anyone, either material or moral. If such circumstances are proven, an alternative to actual punishment may be release from it in the form of a reprimand made orally. However, take into account the fact that the decision to classify actions as minor is the prerogative of the court, which can make the exact opposite decision;
• The third norm, which may be useful, is disclosed in Article 24.5 of the Code of Administrative Offences. She lists various conditions under which administrative proceedings are excluded, namely:
• law enforcement officers established that the event violating the law did not occur at all;
• there is no element of administrative offense. This also includes situations in which the offender has not reached the appropriate age at which he could be punished, or the fact of his insanity has been established;
• there are signs of a violation in the person’s actions, but they are caused by extreme necessity, dictated by the adoption of urgent measures to eliminate the threatening factor;
• the effect of an amnesty if the relevant act by which it is established excludes liability for a specific administrative violation;
• the deadlines specified by law have expired during which a person could be brought to administrative responsibility;
• repeal of the provision or law that determined administrative liability for the offense;
• when establishing a retrial of a misdemeanor on the same fact, if a punishment has already been imposed on it or the proceedings have been completely terminated.

The procedure for appealing a decision in a case of an administrative offense

The decision in a case of an administrative offense always explains the right to appeal the relevant act to a higher authority or to court.

Chapter 23 of the Code of Administrative Offenses of the Russian Federation specifies judges, bodies, officials who have the right to consider certain cases of administrative offenses, for example, internal affairs bodies (police), tax authorities, territorial bodies of the Federal Antimonopoly Service, etc., the list is quite large.

So, you have been handed a decision in a case of an administrative offense, which states that you have been found guilty of committing a particular offense, and you have been sentenced, while you do not agree with the decision made against you.

The decision must indicate the time limit and procedure for appealing it.

Structure and sample application

If you decide to complain to the court, keep in mind that a legally competent complaint will greatly simplify the procedure for its consideration. In most cases, filing such an appeal is not at all difficult. You can entrust this matter to a professional lawyer or draw up a claim yourself - you only need to comply with a few requirements. So, a complaint against a decision on an administrative offense must contain the following points:

• Information about the applicant and interested person. The full name, residential address and telephone number of the participants in the case must be indicated here;
• Court data. In the header of the document is the name of the court, its location, as well as the full name of the judge;
• Title. This document should be called “Complaint against a decision on an administrative violation”;
• Descriptive part. In the body of the complaint, state the essence of your claim. Describe the offense itself and indicate the punishment that followed the issuance of the order. Immediately after this, indicate the number of the act and note the reasons why you consider it illegal;
• Legal requirements. Here you can indicate the cancellation of the decision, as well as the termination of proceedings in your case or its revision. In addition, you have the right to refer the case within the jurisdiction to another authorized body;
• List of applications. List all the documents that are attached to your complaint and, if possible, indicate their details;
• Date of application and signature of the applicant.

Download

Sample complaint.doc

When drawing up a complaint against a decision in a case of an administrative offense, be guided by Articles 30.1, 30.2, 30.3 and 30.7 of the Code of Administrative Offenses of the Russian Federation . You can submit the application in person or entrust the matter to your representative, but please note that you will need a special power of attorney for this. In addition, the application can be sent by registered mail with acknowledgment of receipt. In this case, the period for consideration of the complaint will be calculated from the date indicated on the postal stamp.

Where to appeal the decision?

● If the decision is made by a judge, then it is appealed to a higher court, for example, the decision of a magistrate is appealed to the appropriate district court.

● If the decision is made by a collegial body, then the complaint is filed with the district court at the location of the collegial body.

● When a decision is made by an official, a complaint can be filed with a higher authority, a higher official, or the district court at the place where the case was considered.

● A decision made by an official of an executive body of a constituent entity of the Russian Federation authorized to consider administrative cases in certain cases is appealed to a higher authority, a higher official or a district court.

● If the decision was made by another body created on the basis of the law of the subject, it is appealed to the district court at the place of consideration of the case.

● If a decision is made based on the results of consideration of a case against a legal entity or individual entrepreneur, it is appealed to the arbitration court.

Complaint to the court in an administrative case

In all cases, a person has the right to appeal the decision directly to the court. If, in cases determined by law, a person files a complaint with a higher body or a higher official, this does not prevent him from subsequently appealing against the acts of the relevant bodies (officials) in court.

Taking into account the person against whom the decision was made in the administrative case, the complaint can be filed in a court of general jurisdiction or in an arbitration court.

Supervisory complaint in an administrative case

After complaints and protests against decisions have been considered, they enter into legal force. Such decisions can be appealed further to the supreme courts of the constituent entities, for example, the Sverdlovsk Regional Court, as well as to the Supreme Court of the Russian Federation.

The Supreme Court of the Russian Federation considers complaints if they are considered by the relevant supreme courts of the constituent entities of the Russian Federation, and relatively, arbitration courts, if all methods of appeal in arbitration courts have been used.

In such cases, the complaint must be submitted directly to the court, which will review it.

Cassation

A cassation appeal can be filed against decisions that have entered into legal force, which were appealed on appeal, that is, in the case when the applicant does not agree with the determination of the appellate authority.

The period for filing a cassation is up to 6 months from the date the resolution enters into legal force.

The cassation authority for decisions of district (city) courts that have passed the appellate level is the Supreme Court of the Russian Federation. At the same time, not only the decision on bringing to administrative liability, but also the determination of the appellate instance is appealed to the cassation instance.

The cassation instance for non-judicial decisions that have passed the appellate level in the district (city) court is the regional court of the subject of the Federation.

Procedure for considering a complaint in an administrative case

A complaint against a ruling is considered by a single judge or official, depending on where it is filed.

1. At the appointed date and time, the authorized person begins to consider the complaint , announcing who is considering it, what kind of complaint it is and by whom it was filed.
2. It is established who appeared to consider the complaint, and the powers of the relevant persons and representatives are checked. If one of the participants in the proceedings does not appear for consideration of the complaint, the reasons for such failure to appear are clarified, after which a decision is made on the possibility of considering the complaint at this appearance.
3. If a decision is made to consider the case in the absence of persons who did not appear, their rights and obligations are explained .
4. After clarification of rights and obligations, the parties involved may file challenges and motions, which are subject to immediate consideration.
5. Next, the essence of the complaint against the decision in the administrative case is announced .
6. After that, explanations from the persons involved in the case are heard, the case materials are examined, and if necessary, other persons can be heard and other evidence examined. In general, the legality and validity of the appealed decision is checked.
7. If a prosecutor participates in the consideration, then his conclusion .
8. After this, the judge or official makes a decision on the complaint and announces it .

Objections to a complaint in an administrative case

A person or body who is a participant in an administrative case and who has received a complaint against a decision filed by another participant in the case has the right to send their objections to the complaint or express them directly during the consideration of the complaint. It is better to prepare objections in writing, attach them to the case materials and announce them when giving explanations during the consideration

The objections should indicate that the appealed decision is legal and justified, and the complaint is unfounded, indicating why it is unfounded. In general, objections must contain arguments refuting the arguments of the person filing the complaint.

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.

How to file a complaint in an administrative case?

The following delivery methods are possible:

1. Personal appeal to court . You bring your complaint to the court that made the decision on the case, and after that the judge independently forwards the case with your complaint to a higher court;
2. Submit using Russian Post . Often, if you do not have time to personally file a complaint with the court, you can use postal services. A complaint to the court can be filed only during the work schedule of the judicial institution, while the post office often has the ability to receive correspondence at a later time.
3. Courier service . You also have the right to use the services of any courier organization. Who will not only promptly file a complaint for you, but will also provide a report on its acceptance by the court.

A complaint against a decision should be filed with the judge, body, or official who directly adopted the decision being appealed.

Next, the complaint with all the materials of the case must be sent by the above-mentioned persons within 3 days to the body or official who will consider it.

ATTENTION : a complaint can be immediately filed with the court, a higher authority or a higher official who will consider it.

When filing a complaint against a decision in an administrative case, there is no need to pay a state fee.

Complaint to a higher authority in an administrative case

As stated above, a complaint against a decision can be filed with non-judicial bodies (officials). If you decide to file a complaint against a decision to a higher authority, then specify which authority it is; also note that sometimes a complaint can only be filed in court. If you submit a complaint to a higher authority and to the court at the same time, the complaint will be considered by the court.

Complaint against a decision imposing an administrative penalty

To the Novgorod Regional Court Address: _____________________

From: _______________________ Address: _____________________

Interested person: Address:

COMPLAINT against the Resolution on the imposition of an administrative penalty dated __________ in case No. ___________

By the resolution on the imposition of an administrative penalty dated ________, I, ______________, was found guilty of committing an administrative offense under Part 1.1. Art. 18.8 of the Code of Administrative Offenses of the Russian Federation with the imposition of an administrative penalty in the form of an administrative fine in the amount of ___________ rubles. __ kop. with administrative expulsion from the Russian Federation in the form of controlled independent departure from the Russian Federation. I __________ completely disagree with this Resolution, I consider it illegal, unfounded, made with gross violations of the norms of substantive and procedural law and subject to cancellation on the following grounds.

Thus, the resolution states that I, ___________, being a foreign citizen, violated the regime of stay in the Russian Federation in the following way. Having entered the territory of the Russian Federation on __________ and having received a patent on __________, I paid tax on the income of an individual on __________, for the next two months the fee for the patent was paid on the 12th of each month, and on _________ I was detained at the FAD “________” in __________ area __________ region. Thus, I paid the personal income tax for September and October in full, and my detention occurred on ________, that is, before the deadline for paying the patent fee expired.

In accordance with clause 1.1. Art. 18.8. Code of Administrative Offenses of the Russian Federation Violation by a foreign citizen or a stateless person of the regime of stay (residence) in the Russian Federation, expressed in the absence of documents confirming the right to stay (residence) in the Russian Federation, or in the event of loss of such documents in failure to submit an application for their loss to the relevant authority or evading departure from the Russian Federation after a certain period of stay, if these actions do not contain signs of a criminal offense - entails the imposition of an administrative fine in the amount of two thousand to five thousand rubles with administrative expulsion from the Russian Federation. Also, in accordance with Art. 5 of the Federal Law “On the Legal Status of Foreign Citizens”, the period of temporary stay of a foreign citizen is extended when a foreign citizen is issued a work permit or patent or when the validity period of a work permit or patent is extended in accordance with Article 13.1, 13.2 or 13.3 of this Federal Law. In accordance with Art. 5.1. Federal Law “On the Legal Status of Foreign Citizens”, the period of temporary stay of a foreign citizen on the territory of one or more constituent entities of the Russian Federation or on the entire territory of the Russian Federation may be changed. In accordance with Art. 13.3 of the Federal Law “On the Legal Status of Foreign Citizens”, a patent is issued for a period of one to three months. The validity period of a patent may be repeatedly extended for a period of no more than three months. In this case, the total validity period of the patent, taking into account extensions, cannot be more than twelve months from the date of issue of the patent. The validity period of a patent is considered extended for the period for which the personal income tax is paid in the form of a fixed advance payment in the manner established by the legislation of the Russian Federation on taxes and fees (hereinafter referred to as the tax). In this case, contacting the territorial bodies of the federal executive body in the field of migration is not required. Otherwise, the patent expires on the day following the last day of the period for which the tax was paid.

Thus, I extended the validity of the patent by making a payment. By paying the patent fee on the 12th of each month, I believed in good faith that I was not violating the laws of the Russian Federation. Moreover, the payment for the patent was accepted from me, and therefore I had no doubt about the legality of my actions.

Currently, I have fulfilled the main type of punishment, namely, I paid a fine in the amount of _________ rubles. __ kop. The additional punishment of deportation from the Russian Federation is excessively cruel and was imposed on me without taking into account the actual circumstances of the case.

So, as stated in the court decision, I have a wife on the territory of the Russian Federation who has health problems and cannot take care of herself independently. When making the decision, it was unreasonably not taken into account that I had been on the territory of the Russian Federation for a long time, had not committed any crimes, had not encroached on national security or the rights of others, and was allowed to work in the Russian Federation. In addition, the contested decision was made without taking into account the requirements of fairness and proportionality, regardless of the severity of the crime, the size and nature of the damage caused, the degree of guilt of the offender and other significant circumstances that determine individualization when imposing punishment. In accordance with Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except where such interference is in accordance with the law and is necessary in a democratic society in the interests of national security or public order, the economic welfare of the country, the prevention of disorder or crime, or the protection of health or morals or protecting the rights and freedoms of others. I believe that my rights under Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms have been violated and must be restored.

In accordance with Art. 30.5 of the Code of Administrative Offenses of the Russian Federation, a complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all the materials of the case, by the body or official authorized to consider the complaint. A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent 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 of this Code are subject to consideration within five days from the date of their receipt with all materials to the court competent to consider complaints. A complaint against a decision on administrative arrest or administrative deportation is subject to consideration within 24 hours from the date of filing the complaint, if the person brought to administrative responsibility is serving an administrative arrest or is subject to administrative deportation.

In accordance with Art. 30.6 of the Code of Administrative Offenses of the Russian Federation A judge or a higher official is not bound by the arguments of the complaint and checks the case in full.

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

ASK:

1. The decision on the imposition of an administrative penalty dated ____________, issued by the Okulovsky District Court of the Novgorod Region, is canceled and the proceedings in the case are terminated;

Appendix: 1. A copy of the appealed Resolution; 2. A set of documents on the number of persons participating in the case;

" "________________2014 _______________________________________

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.