The right to initiate the process is vested in the person who has been brought to administrative responsibility by the competent authorities , as well as his defense counsel, or a legal representative, a possible victim, or his representative. In accordance with the Code of Administrative Violations, a person who begins a review of a decision is exempt from additional payment of a fee in favor of the state.
Appeal against the ruling on
an administrative offense is filed by interested parties in the appropriate body through the services of a local court, which is involved in making the decision. The consideration of a complaint made by an interested person is carried out by officials of the criminal chamber for a period of 20 days from the date of registration thereof. The time and place where the procedure for appealing the decision on an administrative offense will be implemented is notified to the submitter, as well as other participants in the process no later than 3 days before the process begins.
Consider the example of the case under consideration, when there is an appeal against the decision on the administrative offense of the traffic police on bringing the offender to justice for the illegal circumvention of traffic rules.
In this case, two main
document - a copy of the minutes drawn up, which refers to the offense, and a copy of the court order. Each employee of the traffic police without fail issues a duplicate of the act, and if a resolution is issued directly on the spot, then a copy of it. It is necessary to verify in detail that the data in the duplicate handed to the hands coincides with the original document, including the data of the inspector who wrote it. If the discussed parameters are indicated in the papers inaudible, then you should definitely clarify them, since this is necessary in order to possibly appeal the decision on an administrative offense in the future.
The Code provides two appeal methods. Under the first option, an appeal against the decision on an administrative offense is passed to a higher authority or to a more significant official. Although this method is not popular, because the system does not self-flagellate. That is, the management, as a rule, will protect its employees by omitting the violations recorded in the complaint. The second option is to consider the document directly in court.
A pronounced act of an inspector or other official is appealed against in the manner prescribed by the Code of Judicial Procedure. Appealing a decision on an administrative offense requires the following conditions to be met:
- an administrative claim for the cancellation of the decision shall be made within 10 days from the date of creation of the disputed act;
- the document is filed at the place of residence of the plaintiff;
- the claim is made in the official state language;
- There is no need to pay a fee.
It is worth mentioning that the Code allows both methods to be used simultaneously. When you file a lawsuit, you can immediately complain to a higher official, which will significantly increase the chances of success.
In addition to the above, the third option is also applied - appeal to the prosecutor's office. This body is considering the application. If there are appropriate grounds in it, he protests the decision.