The procedure for filing a complaint against a decision in an administrative case

It should be immediately noted that the decision in the case of an administrative offense cannot be ignored. Payment of fines, according to the current Russian legislation, is a must for both legal entities and individuals. The amount recorded in such a decision must be paid within the established 30-day period. Otherwise, a second fine will be issued, but already in a double amount in relation to the first. In other words, you will have to pay in triple size. And this is provided that additional, forceful measures are not taken to force the payment of the required amount. Extra problems, it seems, no one needs.

administrative offense

Is it possible to change?

A reasonable question arises: "Is it possible to cancel the decision in the case of an administrative offense?" In principle, no, the legislation does not provide for a direct legal procedure. Another thing is that changes to the resolution itself are possible - regardless of who wrote it and for what reason. There are two scenarios for this. The first is judicial review, when a counterclaim or complaint is issued against the actions of the authority that wrote the fine. In the event that the judge agrees with your arguments, the decision in the case of an administrative offense will be canceled. Scenario two - appeal against the actions of an official in a higher court. Here, as they say, know how to negotiate. In any case, the actions of the inspector will be reviewed, although ... experience shows that the regulatory authorities remain, and the size of penalties only increases.

how to appeal a traffic police order

How to appeal the decision of the traffic police?

Most often, “penalty” problems arise after communicating with all kinds of checking authorities and with the traffic police. Unfortunately, this is so, and the situation cannot be changed. However, in this case, a new loophole arises. If, in your opinion, the inspector’s actions are unlawful, then you can appeal the decision of the traffic police with a higher authority. At the same time, do not forget to register copies of all available documents with the prosecutor's office, as well as with the CSS. This is so for inner peace. The main thing is that in the complaint (brevity is the sister of talent) there should be clear legal formulations by which they will judge whether the inspector violated the current legislation or not. Then followed by a trial, which will take some time. The procedure is lengthy and bureaucratically complicated. Therefore, before reviewing the case, you need to clearly determine for yourself whether it makes sense to complain, and what are the chances of winning.

appeal the decision of the traffic police

Lawyers and Courts

The decision in the case of an administrative offense may be revoked or revised only in the district court where the traffic police is located, whose employees wrote a fine. If you filed a complaint with the court at the place of registration, it will be redirected to where the district department of the Ministry of Internal Affairs is located. Given that court proceedings are planned with law enforcement agencies, one should clearly act in accordance with the legal procedure prescribed by law. Then there is a good chance to win.

Source: https://habr.com/ru/post/F37634/


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