Where to complain about the actions of police and traffic police officers. Application where to call in case of unlawful actions of traffic police officers

When writing an application or complaint, a citizen may have questions.

Let's consider how to correctly draw up the documents necessary to send to the head of the state traffic inspectorate or department, as well as to law enforcement agencies and the court.

Sample complaint against a traffic police officer to his senior management

There is no general application form for a complaint to the boss of the offending employee.

When writing, you should rely on Article 131 of the Code of Civil Procedure of the Russian Federation, which describes how the application should look like.

First of all, remember that a complaint is written in the same way as a statement and should consist of three main parts:

Introductory. This includes the “header” of the document. Be sure to find out the full name of the body where you are filing the complaint, and the initials of the chief. Don't forget to include your full name, residential address and contact phone number. After the “header”, in the middle of the line, write the name of the document, without quotes and a period – in our case, “Complaint”.
Content, or main part. Here you must reveal the whole essence of your appeal. Indicate all information regarding illegal actions or inactions of the traffic police officer, enter all his data that you know.
Final. Don't forget about the documentation base here. Indicate where you have already contacted to solve the problem, who witnessed the violation, what materials are available - these could be photographs, videos or audio recordings. It is better to include all documents in a list. At the end, be sure to put your date and signature with a transcript.

Examples of complaints to senior management of a traffic police officer:

1) Complaint regarding illegal actions:

When writing in the header of a document Please indicate the name of the boss and the name of the department you are applying to.

You can also simplify the form without specifying your requirements - as, for example, in court, you just need to write “I ask you to look into this situation and bring the offender to justice.”

2) Complaint about the inaction of a traffic police officer:

3) Complaint about an administrative violation:

Rules for writing and samples of complaints against a traffic police officer to the prosecutor's office and court

A statement to law enforcement agencies or a court is almost the same.

Take into account the requirements listed in Articles 131-132 of the Civil Code of the Russian Federation, and follow these rules when writing a complaint:

At the beginning, on the upper right side of the sheet, indicate the full name of the institution or authority you are applying to. Don't forget to include your address and contact information.
Describe briefly but clearly what happened. Enter all the necessary information.
Indicate what damage was caused due to the violation.
Describe where you have already applied and to what authorities.
State your requirements.
Prepare a documentation base, list all the materials confirming what happened.

If you disagree with the conclusions of the traffic police inspector or the traffic police, you can complain about his actions by writing a complaint. It is better to do this within ten days from the moment of the violation, and preferably in the place where the protocol was drawn up. If your rights and interests are violated, where can you complain? There are three options where you have the right to complain and send a statement or complaint: to the superior head of the traffic police department, at the place of work of the traffic police inspector who drew up the report, to the prosecutor's office and the court. Moreover, you can do this in person or send the document by mail with notification by registered mail.

The complaint must provide irrefutable evidence of your innocence. For example, this may be information that proves the illegality of the actions of the traffic police inspector, the traffic police, or the incorrectness of the protocol, unreliability or, conversely, the absence of information. For example, there are no witnesses when according to the instructions there should be them, or the protocol is not drawn up in accordance with the form, the sample approved by law. By the way, passengers also have the right to be your witnesses.

If your complaint is satisfied, a decision will be made. It indicates the termination of the proceedings; if not, you pay a fine. If you do not agree with the decision of the traffic police officer, you have the right to challenge it within ten days. To do this, as stated above, you need a protocol from the scene of the incident, where it is recorded that you do not agree with the conclusion of the traffic police inspector, the traffic police. This way you can prove your rights.

Claims and complaints against the actions of traffic police officers, the prosecutor's office, senior management and the court

Drawing up complaints and claims requires a certain procedure. How to fill out a sample document correctly?

The information in the documents is presented sequentially, with a clear chronology of events. That is, you describe a situation where, as it seems to you, your rights and interests have been violated. It is also necessary to display the unlawful actions of the traffic police inspector.
Do not forget to indicate personal information, position, rank or other sign confirming the official position of a traffic police inspector or traffic police officer.
By the way, in the complaint write your request to conduct a check to determine the legality of the official’s actions. Thus, a traffic police officer, traffic police officer, if his unlawful actions are confirmed, will be brought to disciplinary, administrative or criminal liability.
A big plus in the complaint will be information about a witness to the incident.
Also, if you are able to record the incident on video or take photographs, be sure to include it with your complaint and keep copies for yourself.
The final stage is filing a complaint. If you file a complaint yourself, do not forget that the office puts an acceptance mark on the second copy. That is, the incoming number, the date of acceptance and the signature of the person who accepted the document.

Complaints in writing are accepted 24 hours a day. Taking into account modern computer technologies, your complaint can be sent by e-mail, the so-called electronic appeal.

Response to complaint

A complaint against a traffic police officer, in accordance with current legislation, is considered within thirty days from the date of its acceptance. The body that accepted the document is obliged, after the inspection, to notify you of its decision in writing.

The decision can be of two options: either the actions of the inspector, traffic police officer or police officer are recognized as illegal, or your complaint is recognized as unfounded.

Again, if you disagree with this, complain to the court within ten days of receiving the answer. Of course, when considering a case in court, it is necessary to repeat all the information contained in the appeal, and perhaps ensure the attendance of witnesses, as well as find new evidence that your rights and interests have been violated by officials.

Appealing the actions of a police officer

Complaints that relate to the actions or inaction of a traffic police officer or traffic police officer differ from complaints about a protocol on an administrative violation. In the second case, proceedings are being conducted in accordance with administrative legislation; it is necessary to prove that the driver committed an accident or that the protocol does not comply with the approved form and sample. Violated rights and interests of the driver are not considered.

If a conflict arises, the driver has the right to ask a traffic police officer or traffic police inspector to introduce himself and show his identification card. To avoid missing anything, record all this data. At best, it would be good if you recorded everything that happens on video or took a photo. If there is a witness, take his information too. It is better to write the explanation yourself, in your own hand, and also note the presence of a witness.

Since the sample complaint is, in principle, not defined, the document can be drawn up based on general requirements, according to the sample of any complaint. That is, in the appeal you must indicate the exact name of the body to which the document is addressed, the address. As well as the personal data of the person who is filing the complaint, his/her residential address, contact phone number. This is necessary for them to send you a response. Describe the data of interested parties whose rights and interests were violated and are being appealed. This data is necessary for a quick and high-quality inspection, as well as calling people to a court hearing.

The more significant part of the complaint is the statement of the situation itself, which led to the violation of your rights and interests. Where you need to clearly and reasonably state your requirements and evidence that confirms your requirements. Please note, when presenting information in a complaint, do not use emotional phrases or insults. In the event that you do not have supporting documents that you need or lack for evidence, file a petition in court to have the court request these documents.

If necessary, the conclusions of the examination can be written down in the document, which will help to clearly outline the diagram of the accident and find out the reasons for what happened. Then the court will be obliged to order a re-analysis of the actions or inactions of all participants in the incident, including the traffic police officer and the police inspector.

These actions are aimed at substantiating the information you provided in the complaint. But the traffic police inspector, the traffic police, has every right to prove its legitimacy.

A sample complaint against a traffic police officer or traffic police officer can be provided by a lawyer in this area of law or your lawyer.

As practice shows, you can challenge and appeal any actions and decisions of traffic police officers.

In accordance with the Civil Procedure Code of the Russian Federation, every citizen has the right to appeal the actions of an official. Have you been illegally brought to administrative responsibility or unreasonably accused of an accident? Write a complaint against the traffic police inspector. The basis for a complaint may be an abuse of power by a traffic police officer, a biased attitude towards you, the use of measures contrary to the law, or the exertion of moral pressure.

How to complain about an inspector

How to complain about a traffic police inspector:

Deliver the application in person

Make sure your letter is registered and put a registration mark on your copy.

Send a complaint by Russian Post

It is best to send a complaint by letter with notification. This way you will be sure that the complaint has reached the addressee and will be able to use this information if the case goes to court.

Send a complaint electronically

The complaint is written in any form in compliance with the rules of business correspondence. In addition, the complaint must contain:

Full name of the organ where it is submitted.
Address and postal details of the recipient organization.
Information about the applicant (full name, address, telephone number).
Information about the traffic police officer about whom you are complaining.

Full name, rank, position, place of work (if possible), official ID details (if you know them). If the traffic police inspector was in a company car, you can also indicate the numbers.

Text of the complaint.

The text of the appeal should be as concise and understandable as possible. Avoid unnecessary emotions. Do not use obscene or offensive language under any circumstances. Indicate what actions of the traffic police officer you consider unlawful, what rights were violated and what you are seeking (to invalidate the protocol, cancel the decision to impose a fine, apply disciplinary action to the traffic police officer, etc.). When describing the incident, follow the chronology of events.

List of supporting documents.

Attach to the complaint documents and materials confirming your case. This could be a copy of the protocol, a decision to deprive you of your driver’s license, audio or video materials confirming abuse of power or unprofessional behavior of a traffic police officer.

Signature, transcript of signature, date.

Complaints that:

Contain incomplete or unreliable contact information of the applicant.
Anonymous complaints.
Containing threats to life or property.

Sample complaint against a traffic police inspector

Head of Department

State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia

around the city of St. Petersburg

and Leningrad region

Sviridenko Sergei Petrovich

from Stoilovsky Ivan Alekseevich,

residing at:

St. Petersburg, st. Ak. Pavlova, 43

Complaint

On May 05, 2016 at 17:45, while driving a personal car Fiat L500 Trekking, license plate A 123 AA 456 and moving towards the center, traffic police inspector A. S. Romanchuk was stopped.

The traffic police inspector accused me of speeding and claimed that I was driving at a speed of 106 km/h instead of the permitted 60 km/h on this section of the road. In response to my request to provide evidence of my guilt and provide printouts of the speed control device, the employee refused without explanation.

My car was moving within the permitted speed limit in this area. There were a lot of cars, the section of the road was quite narrow, so changing lanes and, accordingly, exceeding the speed limit were impossible.

With me in the car was my wife, Stoilovskaya Valeria Viktorovna, born 05/28/1984, and my colleague Demyanenko Denis Alekseevich, born 02/16/1983, but inspector Romanchuk A.S. categorically refused to enter into the protocol on the administrative violation as witnesses. He justified his refusal by the fact that “they are interested parties.” However, according to the legislation of the Russian Federation, “a person who may be aware of the circumstances of the case to be established may be called as a witness in a case of an administrative offense” (Article 25.6 of the Code of Administrative Offenses). I would also like to add that during the preparation of the protocol, traffic police inspector A.S. Romanchuk behaved incorrectly and was rude to my wife.

Thus, there is an irremovable doubt about the proof of my guilt.

Considering the above violations, I ask:

Terminate the proceedings under the protocol on administrative offense No. AA 25-45 AS dated May 5, 2016.
Impose a disciplinary sanction on traffic police inspector A. S. Romanchuk.
Answer me in writing in compliance with the deadlines established by law. Please send the letter to your place of residence.

When driving on the road, every driver is obliged to comply with the requirements of the traffic police inspector. If a stop occurs at the request of a traffic police officer, then further actions must take place according to official regulations. There are often cases when a controversial situation arises between a driver and an inspector; it must be resolved correctly, without rudeness on both sides. If a driver stopped for inspection does not agree with the behavior of a traffic police officer, then he has the opportunity to register his protest through official means.

A complaint against the actions of the traffic police must be substantiated and substantially argued. Do not forget that the statement has legal significance, so in case of false accusations you will need to answer for libel. A practicing lawyer can competently draw up an application, justify it from the point of view of the law, and send it to the necessary authority. Knowledge of civil and administrative legislation, federal and regional regulations, and official instructions of the traffic police will allow the lawyer to protect the interests of the client as much as possible.

A modern and accessible way for all users to obtain legal services is to receive online consultations via the Internet. Assistance in filing a complaint against a traffic police officer is provided free of charge, at a time convenient for the client. It is enough to leave a question in a special window or call the duty phone, and a specialist will respond within a few minutes. Professional advice can be used in any legal situation, fully relying on the relevance and accuracy of the information received.

Incorrect behavior of a guard service employee can be appealed in accordance with the established procedure. The same actions are taken if a conflict breaks out between an employee and a car passenger. A lawyer who has practical experience in such cases and protects the rights of drivers will tell you where to go and how to formulate claims.

You can complain about inappropriate actions to the management of the unit, to supervisory authorities, that is, the prosecutor's office, or to the courts. Making a complaint to management must be justified, preferably supported by testimony. The punishment for unauthorized actions will be an official penalty entered into the personal file. If there are several requests from citizens, an official inspection is scheduled.

If the facts of regular violations are confirmed, the employee will be dismissed under the article for official inconsistency.

The manager is required to formally respond to the complaint. If the answer does not satisfy the applicant, then it will be necessary to send a statement of claim to the court. The claim must be supported by supporting documents, including management’s response to the complaint. You need to contact the district court; the law allows 60 days for consideration and making a decision; a month after the decision is made, it comes into force.

You can go to court to protect your interests within 3 months from the date of the incident. This statute of limitations is optimal in order to make an informed decision. In most cases, a positive court decision depends on how competently and reasonably the claim is written. It is optimal to entrust the preparation of a claim to a lawyer who has practical experience and knowledge of the law. The claim should not contain emotions; every written word is supported by the law. The body copy should be short but to the point and describe the incident dispassionately.

The main reason for going to court is disagreement with the protocol. You should write down your protest in the protocol when you receive it for signature. List the facts that led to the legal dispute. The protocol must indicate the mistakes made by the employee.

The type of application must comply with the provisions of the Code of Civil Procedure and not contain profanity or grammatical errors. A weakly substantiated claim will be returned, refused to be accepted or given a period to correct errors. The text of the application is written in any form, but in the document Mandatory information must be present:

name of the court;
applicant’s personal data, contacts;
details of the defendant, including his official position, badge number and affiliation with a specific unit;
description of the conflict and illegal actions of the inspector;
provisions of the law, Code of Administrative Offenses, Traffic Regulations and other legal regulations;
road protocol;
the plaintiff's justified claim;
documents and witness statements;
signature and date of the application.

Depending on the circumstances of the litigation, additional information may be required at the request of the court. The information provided must contain truthful information that can be proven. The rules for collecting information and writing a claim are known to a lawyer who constantly participates in processes. It is best if the case contains recordings from the registrar or testimony of eyewitnesses.

If the driver wants to prove the inspector’s guilt, he must independently or petition the court to do so. Sometimes the testimony of the registrars and the examination carried out remove all the questions the court has for the parties to the dispute.

The application to the court must be supported by a receipt for payment of the state fee. The fee is 15% of the regional minimum wage.

The winning party has the right to file a claim for reimbursement of the costs incurred in the case before the process is closed. The losing party pays the costs, the amount is determined by the court. These may include costs of legal proceedings, attorney fees, travel and hotel expenses. Litigation over the illiterate actions of traffic police officers is lengthy and requires the participation of an experienced lawyer. Professional knowledge will help you obtain the optimal court decision and recover maximum compensation from the opposing side.