How does an appeal against an administrative violation proceed?

The right to initiate the process has a person who is brought to administrative responsibility by the competent authorities , as well as his defense counsel, or a legal representative, a possible victim, or his representative. According to the Code on Administrative Violations, a person who starts reviewing a decree is exempted from an additional duty payment in favor of the state.

Appeal against the decision on Administrative violation is submitted by the interested parties to the relevant body through the services of the local court, which is involved in the issuance of the resolution. Consideration of the complaint brought by the interested person is conducted by the officials of the criminal chamber for a period of 20 days from the date of registration of such a complaint. The time and place where the procedure for appealing the decision on an administrative offense will be implemented shall notify the applicant, as well as other participants in the process, no later than 3 days before the process commences.

Let's consider an example of the case under investigation, when an appeal against the decision on the administrative violation of the traffic police to bring the offender to justice for illegal circumvention of traffic rules occurs.

In this case, two main Of the document - a copy of the minutes drawn up, which refers to the offense, and a copy of the court's decision. Every officer of the State Automobile Inspection obligatorily issues a duplicate of the act, and if a decision is issued directly on the spot, then a copy thereof. It is necessary to verify in detail that the data in the duplicate issued in hand coincide with the original document, including the data of the inspector who wrote it. If the parameters discussed in the submitted papers are rather illegible, then it is necessary to clarify them, as it is necessary to later, perhaps, appeal the decision on the administrative violation.

The Code provides for two methods of appeal. In the first variant, the appeal of the decision on an administrative offense is transferred to a higher authority or to a more significant official. Although this method is not popular, because the system does not engage in self-flagellation. That is, the management, as a rule, will protect its employees by lowering the violations recorded in the complaint. The second option is to review the document directly in court.

The issued certificate of the inspector or other official is appealed in accordance with the procedure provided for by the Code of Judicial Proceedings. Appealing a decision on an administrative offense requires compliance with the following conditions:

• An administrative action to annul the decision is made within 10 days from the date of creation of the disputable act;
• The document is submitted at the place of residence of the plaintiff;
• The claim is drawn up in the official state language;
• There is no need to pay a fee.

It would be useful to mention that the Code allows simultaneous use of both methods. When filing a lawsuit in court, you can immediately complain to a higher-ranking official, which will significantly increase the chances of success.

In addition to the above, the third option is also applied - an appeal to the prosecutor's office. This body is considering the application. If there are appropriate grounds in it, he lays a protest against the ruling.