As in all other areas of legal proceedings, administrative law also provides for the possibility of filing an appeal against a dubious decision. This right is guaranteed by Russian legislation and enshrined in the CAS RF.
Subjects of administrative proceedings and deadlines for filing an appeal
Who in Russian Federation can become a participant in administrative proceedings? It is important to know this for all citizens of Russia, as well as foreigners living in the country. In addition to citizens of the Russian Federation and having dual civil status, the following may participate in the proceedings:
- public, private companies, enterprises, institutions;
- citizens who are public servants;
- organizations of public status, their employees;
- citizens with foreign citizenship, stateless, as well as refugees and migrants.
The CAS of the Russian Federation clearly and definitely spells out what refers to administrative violations: these are actions that caused a violation of the rights or interests of citizens. If, as a result of consideration of a claim in a case in the course of administrative proceedings, a dubious verdict was issued by the court, it should be appealed.
Since the CAS of the Russian Federation does not contain a list of persons who can make claims against the decision of the court of first instance in an administrative case, then, according to generally accepted rules, the following have such a right:
- participants in the process: plaintiff, prosecutor, defendant, others;
- persons who did not take part in the administrative proceedings, whose rights were violated by the issued verdict;
- the category of persons who filed claims regarding the protection of the interests of incapacitated wards (these may be guardians, organizations of veterans, etc.).
As in other areas of judicial proceedings, an appeal against a judicial act in an administrative case must be filed in accordance with the current procedure. The time period set for this is one month. There are other terms established by the CAS RF, depending on the type of administrative case, the verdict on which is being contested. More details about this are described in article 298.
If interested party missed the deadline for filing an appeal, it may try to reinstate it. But this is possible only if, in the allotted time, an unfair judicial act was not challenged due to valid circumstances. The appellant must write a request for the reinstatement of the elapsed time, writing about the valid circumstances with evidence attached. The petition, together with the appeal, is submitted to the court. Having recognized the reasons as valid, the court will restore the term and accept the complaint. If the court refuses to restore the term, the petition to appeal against the dubious verdict in the case of administrative proceedings will not be accepted for trial.
The Code of Administrative Procedure also provides for the submission of a private complaint. This type of claim can be brought against a judicial determination of an institution of the 1st instance. It must be filed within two weeks from the date of issuance of the ruling, with the exception of special occasions specified in Article 314 of the Code.
The content of the appeal paper in an administrative case
In order for a complaint against a sentence of an administrative nature to be accepted by a judicial institution, it must be filed on time and correctly drawn up. An electronic sample can be filled out directly on the official website of the appellate institution. This possibility greatly simplifies the procedure and saves the appellant's time.
To fill out an electronic sample, you must enter information in each field of the provided form. Accompanying materials (certificates, receipts, protocols, etc.) will have to be scanned and attached to the electronic application.
For those who want to submit a claim in person (by mail), we offer a sample of such a paper, on the basis of which each interested person will be able to write their own version of the petition. But first, let's look at some important rules registrations regulated by the CAS RF in chapter 34.
- The paper is drawn up on an A4 sheet - format. The header indicates the court to which the claim is sent, the procedural status and data of the complainant, as well as other participants.
- The main part of the petition describes in which case the author has objections to the verdict of the judicial authority. It is necessary to describe all the violations committed by the court in the process of reviewing the case and issuing a ruling document.
- After that, you need to make your request.
When a complaint is filed by a person who did not take part in the process, but whose rights and freedoms were violated by the challenged judicial act, this should be especially emphasized. The complaint is written in a business style, without emotional expressions and the use of epithets. It is not allowed to make strikethroughs and corrections in the text.
An obligatory component of the complaint is copies of the necessary papers to which the appellant refers (judicial act, etc.), legally certified. The appeal must be filed in several copies, the number of which corresponds to the number of participants in the proceedings. By following these recommendations, regulated by the CAS RF, and focusing on the example below when writing a paper, you will protect yourself from not accepting the complaint for consideration.
The judge must sort out all the nuances of the case within two months and make his decision. The act issued by the appellate institution immediately acquires legal force. You can appeal against the decision in the order of filing a cassation appeal to the institutions of the 3rd instance.
Sample Structure and Content of a Complaint
In order to competently draw up an appeal petition, we offer a sample of such paper. If you follow exactly the advice on writing and formatting the document, referring to the example given, and do not miss the deadline regulated by law, the complaint will be accepted by the judicial institution for trial.
To the regional court of the Ivanovo region,
Ivanovo, st. Volodarsky, 10
from the plaintiff Seleznev Viktor Vladimirovich,
Kineshma, Ivanovo region, st. Rechnaya, 19, apt. 5, phone XXX YYYYYYY
(through the District Court of Kineshma, Ivanovo Region, Kineshma, Zaozernaya St., 1)
Respondent of the OGIBDD MO of the Ministry of Internal Affairs of the Russian Federation for the Ivanovo Region "Kineshma"
08/01/2016 in relation to me, Selezneva V.V. an employee of the traffic police department of the Ministry of Internal Affairs of the Russian Federation of the Ivanovo Region “Kineshma” drew up Protocol No. 158/55 dated 08/01/2019 for an alleged violation (parking in a prohibited place). On the basis of the said Protocol, Resolution No. 888999 was issued in the case of an administrative violation.
I, in view of my disagreement with the said Protocol and the Decree, filed a corresponding application with the district court of the city of Kineshma, Ivanovo region.
On August 19, 2019, my case was considered by the district court of Kineshma, as a result of which this institution issued Decision No. 5656, as a result of which Decision No. 888999 was left unchanged.
I consider Decision No. 5656 dated August 19, 2019 of the District Court of Kineshma, Ivanovo Region, and
https://www.youtube.com/watch?v=7uU65dOWSsA
Decree No. 888999 in the case of admin. the violation was not lawful, since on 08/01/2016 I parked my car not at the intersection of the carriageways, according to the Protocol dated 08/01/2019 No. 158/55, but on the “safety heel” near house 34 on the street Lermontov, where a paid parking was previously located. This fact can be confirmed by citizen Kirilov Anton Georgievich, who lives in the city of Kineshma, Ivanovo Region, st. Lermontova, 34, apt. 16. The said witness was not questioned, which is a violation of Article 51 of the RF CAS.
Guided by Article 295 of the CAS RF, on the basis of the foregoing, I ask:
- Cancel Decision No. 5656 dated August 19, 2019 of the District Court of Kineshma, Ivanovo Region.
- Terminate administrative proceedings.
Appendix:
- Copy of Decision No. 5656 dated August 19, 2019 of the District Court of Kineshma.
- Copy of Decree No. 888999.
09/15/2019 (signature) V.V. Seleznev
If any shortcomings were found in the filed appeal paper, the judge is obliged to find them and write about it to the appellant no later than within five days. In his determination, the official must set a time limit for the elimination of identified deficiencies. During this time, the complaint will remain without movement. If the appellant fails to meet the deadline, there will be no trial of his complaint.
By the decision of the magistrate of the court district, he was found guilty of committing an administrative offense with a penalty of an administrative fine and deprivation of the right to drive a vehicle. The applicant completely disagrees with the said decision and the conclusions contained therein, considers it unlawful and unreasonable. The applicant asks to cancel the decision in the case of an administrative offense as unlawful and unfounded.
To _______________ District Court of Moscow
Applicant: ___________________________
The address: ___________________________
Interested party: About the traffic police of the traffic police of the Internal Affairs Directorate for the SAO of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow
The address: ___________________________
APPEALS
On the Resolution on the case of an administrative offense No. __________ dated ___________
By the decision of the Justice of the Peace of the court district No. _____ of the district of ________________ of Moscow in the case of an administrative offense No. ____________, provided for by Part 1 of Art. 126 of the Federal Code of Administrative Offenses dated _________, I, ____________________ _________ b. was found guilty of committing an administrative offense, under Part. 1 Article. 12.26 of the Code of Administrative Offenses of the Russian Federation with punishment in the form of an administrative fine in the amount of __________ RUB. ___ kop. and deprivation of the right to drive a vehicle for a period of 1 (one) year and 7 (seven) months.
I completely disagree with the specified decision and the conclusions contained in it, I consider it illegal, unreasonable, issued with gross violations of the norms of substantive and procedural law, for the following reasons.
As stated in the Decree, I, ____________ driving the vehicle “______________” d.r.z. ____________, __________ at ___ hours ___ minutes at the address: _________________________ did not comply with the lawful requirement of a police officer to undergo a medical examination for intoxication.
In reality, I did not drive the vehicle. __________ I, being near my house, was sitting in a car, from where I went out to ask a passerby to smoke. After that, together with a passerby, we got into my car, talked and drank alcohol. Because I long time did not drink any alcoholic beverages, I was in a state of extreme intoxication and did not remember what was happening. When I woke up, the traffic police got me out of the driver's seat, and my car was in another place. Due to the fact that I was in a practically insane state, I cannot drive a car. How the car ended up in another place I can only guess.
Given the above, I refused the illegal demands of traffic police officers to undergo a medical examination.
All the above circumstances were stated by me at the court session, but for some reason the court did not take them into account when making the decision.
In accordance with Art. 12.26 of the Federal Code of Administrative Offenses, failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication - shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
As pointed out by the Supreme Court of the Russian Federation in the Decree of February 13, 2007 N 49-Ad06-9, from the provisions (dispositions and sanctions) of Art. 12.26 of the Code of Administrative Offenses of the Russian Federation in conjunction with Part 1 of Art. 3.8 of the Code of Administrative Offenses of the Russian Federation it follows that the subject of an administrative offense under Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, there may be a person (driver) who was previously granted the right to drive vehicles.
Also, in accordance with paragraphs. 2, 3 Decree of the Government of the Russian Federation of June 26, 2008 No. 457 “On approval of the rules for examining a person who drives a vehicle for alcohol intoxication and processing its results, sending the specified person for a medical examination for intoxication, medical examination of this person for the state of intoxication and registration of its results and the rules for determining the presence of narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of a person who drives a vehicle” whom there are reasonable grounds to believe that he is in a state of intoxication.
Sufficient grounds to believe that the driver of the vehicle is in a state of intoxication is the presence of one or more of the following signs:
a) the smell of alcohol from the mouth;
b) posture instability;
c) speech disorder;
d) a sharp change in the color of the skin of the face;
e) behavior that is inappropriate for the situation.
In accordance with Decree of the Government of the Armed Forces of the Russian Federation of October 26, 2006 No. 18 “On some issues that arise with the courts when applying the Special Part of the Code of the Russian Federation on Administrative Offenses” When considering these cases, it is necessary to check the presence of legal grounds to refer the driver for a medical examination for intoxication, as well as compliance with the established procedure for referral for a medical examination. The legality of such grounds is evidenced by: the driver's refusal to undergo an examination for alcohol intoxication in the presence of one or more of the signs listed in paragraph 3 of the Rules for the examination of a person who drives a vehicle for alcohol intoxication and registration of its results, sending the specified person for a medical examination to the state of intoxication, a medical examination of this person for the state of intoxication and registration of its results, approved by Decree of the Government of the Russian Federation of June 26, 2008 N 475.
Thus, in order to send me for a medical examination, the following conditions must be met:
- the person involved must have been driving a vehicle;
- the requirements of traffic police officers must be legal;
Due to the fact that I did not drive a vehicle, the requirements of the traffic police officers are initially illegal and unreasonable, despite the fact that I am heavily intoxicated.
In accordance with Art. 30.2 of the Federal Code of Administrative Offenses, a complaint against a decision in a case on an administrative offense is filed with the judge, body, official who issued the decision on the case and who are obliged to send it with all the materials of the case to the appropriate higher court within three days from the date of receipt of the complaint. authority, superior officer.
Based on the aforesaid and guided by Article. 30.2 of the Federal Code of Administrative Offenses
I BEG:
1. Repeal the decision in the case of an administrative offense No. ____________ dated ___________ as illegal and unfounded;
Appendix:
1. Copy of the resolution;
2. Copies of case materials;
3. A set of documents on the number of persons participating in the case;
" "___________________ G. _______________________________
The form of the document “Sample appeal against the decision of the justice of the peace in an administrative case” refers to the heading “Appeal”. Save a link to the document in in social networks or download it to your computer.
To court
G. ________________________________
from ________________________________
___________________________________
The address: ____________________________
APPEALS
to the decision of the magistrate
(in the case of an administrative offense)
By the decision of the justice of the peace __________ court district of _________
___________________________________ from "___" ___________ ____ in relation to
(full name of justice of the peace)
A decision was made on ____________________________________.
The applicant does not agree with the decision of the justice of the peace _________________
partially/fully on the following grounds: _______________________________
__________________________________________________________________________.
(grounds on which the complainant does not comply with
with the issued resolution, with references to laws and other legal acts)
In connection with the foregoing and in accordance with ___________________________
(indicate articles of normative acts,
And also with articles 30.1, 30.7 of the Code of Administrative Offenses of the Russian Federation
on which the applicant bases
your requirements)
1. Cancel (change) the decision of the justice of the peace of ___________ district
d. _______________ __________________ with respect to ____________________.
2. ______________________________ (for example, terminate the proceedings on
this case).
Applications:
1. Copy of the appeal.
2. Receipt of payment of the state fee.
3. A copy of the decision of the justice of the peace __________ district of the city of ___________
from "___" ____________ _____
4. Power of attorney of the representative (if the statement of claim is signed
representative).
Applicant
(representative of the applicant) _______________________
(signature)
"___"___________ ____ G.
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EXAMPLE SAMPLE OF APPEALS
ON THE DECISION OF THE MOSCOW GARRISON
MILITARY COURT ON ADMINISTRATIVE CASE
To the Judicial Collegium for Administrative Cases
Moscow District Military Court
Moscow, Arbat, 37, 119002
(The appeal is filed through the Moscow Garrison Military Court) _____________________________________________
Name or full name of the person filing the complaint (in full), Procedural regulation in an administrative case. Full postal address of the place of residence or location. Phones (including mobile), faxes and address. email emails are indicated, if any.
APPEALS
to the decision of the Moscow Garrison Military Court dated "___" _______ 201__,
under an administrative claim, _______________________________________
(Full name of the administrative plaintiff)
______________________________________________________________________________
(name of the disputed decision of action (inaction) and the body (official) that made this decision (performed these actions (inaction)).
(Summary of the grounds for administrative statement of claim filed with the court of first instance).
By decision of the Moscow Garrison Military Court, the military court denied the application (satisfied, partially satisfied). I consider this decision unreasonable and illegal on the following grounds: ______________________________________________________________________________ ______________________________________________________________________________
(indicate the grounds on which the person who filed the complaint considers the court decision to be incorrect, as well as the grounds for canceling or changing the court decision, provided for in Article 310 of the CAS RF)
In accordance with Art. 309 and 310 CAS RF
The decision of the Moscow Garrison Military Court on the application of ____________________________________ dated "___" _____ 201_. cancel or change in part _____ and make a new decision on the case to satisfy the application.
Options:
The decision of the Moscow Garrison Military Court on the application of ______________ dated "___" _____ 201__ cancel and send the administrative case for a new trial to the court of first instance (if the administrative case was considered by the court in an illegal composition, or if the administrative case was considered in the absence of any of the persons participating in the case who were not duly notified of the time and place of the court session, or if the court resolved the issue of the rights and obligations of persons not involved in the administrative case).
The decision of the Moscow Garrison Military Court _____ dated "___" _____ 201__ cancel in whole or in part and terminate the proceedings in an administrative case or leave the application without consideration in whole or in part on the grounds specified in Art. 194, 196 CAS RF.
Appendix:
1. Copies of the appeal and the documents attached to it according to the number of persons participating in the case (if there is no notice or other document confirming their delivery to these persons).
2. A document confirming the payment of the state fee, if the complaint is payable.
3. A power of attorney or other document certifying the authority and status of the representative, as well as documents on his education, if the complaint is filed by the representative.
Date Signature
Notes:
1. From September 15, 2016, an appeal, a presentation and the documents attached to them can also be filed by filling out a form posted on the official website of the court on the Internet information and telecommunication network.
2. The person filing the appeal, presentation, having state or other public powers, is obliged to send to other persons participating in the case, copies of the appeal, presentation and documents attached to them, which they do not have, by registered mail with acknowledgment of receipt or provide transferring copies of these documents to the indicated persons in a different way, allowing the court to verify that they have been received by the addressee.
3. Grounds for canceling or changing a court decision on appeal. Decisions of the court of first instance are subject to unconditional cancellation in the event of:
1) consideration of an administrative case by a court in an illegal composition;
2) consideration of an administrative case in the absence of any of the persons participating in the case and not duly notified of the time and place of the court session;
3) failure to ensure the right of persons participating in the case and not knowing the language in which the proceedings are conducted, to give explanations, speak, make petitions, file complaints against mother tongue or in any freely chosen language of communication, as well as to use the services of an interpreter;
4) adoption by the court of a decision on the rights and obligations of persons not involved in the administrative case;
5) if the court decision is not signed by the judge or any of the judges or if the court decision is signed by a different judge or different judges who were members of the court that considered the administrative case;
6) the absence of the minutes of the court session in the case;
7) violation of the rule on the secrecy of the meeting of judges when making a decision.
The grounds for canceling or changing a court decision on appeal are:
1) incorrect determination of the circumstances relevant to the administrative case;
2) failure to prove circumstances established by the court of first instance that are relevant to the administrative case;
3) discrepancy between the conclusions of the court of first instance, set out in the court decision, and the circumstances of the administrative case;
4) violation or incorrect application of the norms of substantive law or norms of procedural law.
Incorrect application of substantive law are:
1) non-application of the law subject to application;
2) application of a law that is not subject to application;
3) incorrect interpretation of the law, including without taking into account the legal position contained in the decisions of the Constitutional Court of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation and the Presidium of the Supreme Court of the Russian Federation.
Violation or incorrect application of the norms of procedural law is the basis for changing or canceling the decision of the court of first instance, if this violation or incorrect application led to the adoption of an incorrect decision.
An essentially correct decision of the court of first instance cannot be canceled for formal reasons.
4. An appeal may be filed within a month from the date of the decision by the court of first instance in the final form. A court decision adopted as a result of consideration of an administrative case in a simplified (written) procedure may be appealed in an appeal procedure within a period not exceeding fifteen days from the date of receipt by the persons participating in the case of a copy of the decision.
5. The court of appeal considers the administrative case in full and is not bound by the grounds and arguments set forth in the appeal, presentation and objections to the complaint, presentation.
The Court of Appeal evaluates the evidence available in the administrative case, as well as additionally submitted evidence. The court of appeal shall issue a ruling on the acceptance of new evidence. New evidence may be accepted only if it could not be presented to the court of first instance for a good reason.
New claims that were not the subject of consideration in the court of first instance are not accepted and are not considered by the court of appeal.
By the decision of the justice of the peace, the citizen was found guilty of committing an administrative offense and deprived of the right to drive a vehicle for a certain period. The petitioner considers this decision of the magistrate to be illegal and subject to cancellation. The applicant asks the decision of the magistrate to cancel. Stop the proceedings.
In ___________ city court RD,
_____________________
Representative _________________________
_________________________
KA "_______________",
_________________________
APPEALS
(to the decision of the justice of the peace)
By the decision of the magistrate s / y No. __ g. ___________ from ______ year _______________ was found guilty of an administrative offense under Part 4 and deprived of the right to drive a vehicle for a period of __ months.
We consider this decision of the justice of the peace unlawful and subject to cancellation on the following grounds:
In accordance with the protocol on an administrative offense, the date and place of its compilation, position, surname and initials of the person who drew up the protocol, information about the person against whom the administrative case was initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims, the place, time and event of the administrative offense, an article of the Russian Federation or a law of a constituent entity of the Russian Federation providing for administrative responsibility for this administrative offense, an explanation individual or a legal representative of the legal entity against whom the case has been initiated, other information necessary to resolve the case.
Information about the identity of the violator is established according to the documents available to him.
After we learned in the ___________ district court of ________ that the material about the administrative offense against him was sent for consideration to the _____________ city court of the Republic of Dagestan instead of sending it under jurisdiction to the city of ________, __________ got acquainted with the protocol about an administrative offense, on which an administrative offense case was initiated against him and noticed that there were inaccuracies in it, namely, the traffic police inspector incorrectly indicated his place of birth and place of residence.
When drawing up a protocol on an administrative offense in relation to ___________, he presented the inspector with a passport of a citizen of the Russian Federation, and he also had his driver's license, which indicated the real place of his birth, his registration, as well as his actual residence, namely: ________________________
Where did the inspector get the information that __________ lives in __________ on the street. ____________, we do not know, since he does not have any acquaintances or relatives in the city of __________.
According to the Decree of the Plenum of the Supreme Court of the Russian Federation No. 5 dated March 24, 2005, when preparing for the consideration of a case on an administrative offense, the judge is obliged to carry out the procedural actions listed in order to fulfill the prescribed tasks of a comprehensive, complete, objective and timely clarification of the circumstances of each case, resolving it in accordance with the law, as well as identifying the causes and conditions that contributed to the commission of an administrative offense.
In order to prepare the case for consideration, the judge must also establish whether the protocol on an administrative offense has been drawn up correctly in terms of the completeness of the investigation of the event of the offense and information about the person who committed it, as well as compliance with the procedure for drawing up the protocol.
In the establishment part of the court decision of __________, the city of _________ is indicated as my place of birth, and the place of residence is ________________________, which is not true, since I am a native and resident of the city of ___________.
If the court had fully and comprehensively examined all the evidence in the case, then when examining the driver’s license, the place of residence of ______________ would have been established
Due to the fact that the protocol on an administrative offense dated _____________ did not correctly indicate his place of residence, in fact, ____________ was not notified of the place and time of the trial, respectively, he did not have the opportunity to take part in the consideration of the case.
Also, we do not agree with the punishment imposed on ____________ in the form of deprivation of the right to drive a vehicle for a period of five months. Sanction Part 4 Art. 12.9 also provides for punishment in the form of a fine in the amount of two thousand to two thousand five hundred rubles. Court against ______________. imposed an unreasonably harsher punishment, although he could have imposed a fine rather than deprive him of his driver's license.
_____________ has one dependent child and the car is his only source of income as he is a private driver. By depriving him of the ability to drive a car, the court left ______________ without a livelihood.
the statute of limitations for bringing to administrative responsibility has been established, the expiration of which is an unconditional basis excluding proceedings in a case on an administrative offense (paragraph 6 of part 1).
Based on the foregoing and guided by Article 30.1, Part 3,
I BEG:
1. The decision of the justice of the peace with / at No. __ g. __________ dated _______ to cancel.
2.Proceedings of the case to be terminated on the basis of paragraph 6 of Part 1.
Attachment: a copy of the decision, a copy of the complaint, a copy of the passport, a copy of the birth certificate of the child, a copy of the power of attorney and an order.
Year _______________
