How to write a complaint against a traffic police inspector

Complaint against the traffic police decision

It doesn’t matter for what reason the resolution was drawn up, the main thing is that if the car owner believes that they are trying to convict him unfairly, he has the right to file a complaint with the traffic police.

There are several reasons to write a report against an employee:

The inspector’s refusal to record existing witnesses in the protocol.
Not wanting to understand the circumstances of the case, the traffic police officer unreasonably signed the resolution, thereby punishing the innocent.

When a complaint is written against a traffic police decision, the applicant is obliged to describe in detail the reasons for which the claims are made. After all, if it is revealed that the inspector is being slandered, the one who pretended to be the victim will be punished.

After a decision is made that does not satisfy the victim, you should write a complaint against the decision of the traffic police and submit it to the competent authorities.

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Appealing the traffic police decision

A complaint against a decision on an administrative offense is filed within 10 days after receiving it.
If the driver does not agree with the fine issued, he has the right to appeal it to the traffic police or in court. In Art. 24.5 of the Code of Administrative Offenses of the Russian Federation states that proceedings may be terminated in the absence of an event or corpus delicti.

Accordingly, a driver can file a complaint against a fine in the following situations:

the car was sold, but the new owner did not re-register it;
another person was driving;
the traffic police inspector exceeded his authority;
incorrect information about the offense was received.

Statements of claim to appeal a fine are exempt from paying state fees.

A complaint against the inspector’s decision can be filed within 10 days after the decision is issued (Article 30.1 of the Code of Administrative Offenses of the Russian Federation). The period is counted from the moment the driver receives the notice of the fine.

Complaint against a traffic police officer

When drawing up an appeal against the actions or inaction of the inspector, it is necessary to draw up a detailed description of the events, indicating their chronological sequence.

When describing clearly and competently the circumstances under which the violation of the applicant’s rights was committed, it is also necessary to indicate the last name, first name, patronymic, and rank of the employee.

We must not forget that a complaint against a traffic police officer must reflect the clear requirements that the author of the application wants to achieve.

When filing a claim, you must keep a copy for yourself, and it must be marked with the date of filing the written appeal to the authorities that control traffic inspectors.

A complaint against the actions of the traffic police is considered within thirty days. The authorities are required to notify the author of the complaint about the results of the investigation.

How and who punishes traffic police officers?

There are already several bodies authorized to monitor the work of the State Traffic Inspectorate. These include:

the immediate supervisor of the traffic police inspector within the traffic police department - most often it is he who considers complaints from drivers about violations of the employee,
Managing your own security under the Ministry of Internal Affairs (USB),
prosecutor's office,
Investigative Committee (IC) of the Russian Federation.

All these levels of regulatory bodies and officials are authorized to consider any violations of inspectors, except for the Investigative Committee, which considers cases that constitute a criminal offense by the inspector.

There is also an unconfirmed opinion that a complaint filed in the event of a disciplinary action against an employee of the Ministry of Internal Affairs will go into the latter’s personal file.

Where to complain about the traffic police

The following government agencies are required to accept complaints against traffic police officers:

Head of the traffic police.
Prosecutor's office.
Rospotrebnadzor.
Court.

After submitting an application, if a response does not arrive within 30 days, the applicant has the right to write a complaint about being ignored and demand administrative punishment for employees who do not respond to requests. A complaint to the prosecutor's office can help in this matter.

Inspectors do not always admit their actions that violated the driver’s rights, so a complaint to the prosecutor’s office against the traffic police will help to understand all the nuances of the controversial case.

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In addition, dissatisfied motorists can file a complaint with the court.

In a judicial review there is a possibility that the application will be dealt with on its merits and from a more objective point of view. A complaint to the court against the traffic police has the following principles for working with citizens’ appeals:

Mandatory registration of received applications.
Review of claims is free.
A response is provided to every complaint.
Review of the letter – 30 days.
Holding accountable those employees whose actions were found to be unlawful.

It is necessary to take into account that in case of any disputes, one should not panic, but should analyze the situation and draw up a competent and specific “complaint” paper to the competent authorities.

Where and how to complain

The easiest way is to immediately call the hotline number indicating the name and position of the employee who has exceeded his authority. The fact of the violation will be recorded and at the same time an internal audit of the inspection employee will begin. In addition, you can submit an application to the following authorities:

Prosecutor's office - if it is necessary to bring a police officer to criminal liability;
Court - if you need to prove the illegality of actions on the part of the state traffic inspector and cancel their consequences;
Control and preventive department of the traffic police - to conduct a thorough internal check on the employee.
Reception area of the regional ombudsman - if there is an obvious corruption conspiracy.

In order for the application against the violator to accurately achieve its goal, it is better to use a paper version of the form and personally take copies to each authority.

How to properly file a complaint

When drawing up a written request, you must indicate:

Clearly formulated complaints against the traffic police officer;
Reception address and personal details of the person in charge;
Copies of written statements of witnesses and photographs of evidence, if available;
Applicant’s passport details, personal signature and date of document preparation.

If there are witnesses to the incident who are ready to speak in defense of the applicant, then their testimony should also be used.

On a note:
Ready-made forms can be downloaded from the official website of the traffic police or you can draw up the document manually. It is also possible to file a complaint online against the actions of a law enforcement officer.

You can download a sample complaint in pdf format.

The text should be as informative and understandable as possible, without expressing personal emotions. The actions of the employee who violated the rights of a citizen are listed in order and then the desired result is indicated (recognize the fine as invalid, apply disciplinary punishment to the employee, etc.).

Complaints containing threats and obscene language will not be accepted for consideration without providing reliable information.

How to write a complaint to the inspector's superiors

To do this, just apply and print it in two copies. The completed papers must be taken to the nearest traffic police department located at the place of the offense. The employee on duty is required to stamp both forms and take one copy to hand over to the manager.

You can also use a special section for submitting citizens' complaints on the official website of the traffic police. The applicant must fill out an online form indicating the same information as in the written application. Please note that an anonymous complaint about Filing a complaint to the prosecutor's office

To draw up an application to the prosecutor's office, you must follow the same rules as in the previous paragraph. When filing a complaint online, you should go to the website of the Prosecutor General's Office of the Russian Federation and follow three simple steps:

Select from the list the region where the violation was recorded and the regional prosecutor;
Fill in the fields with reliable information, starting from personal data and ending with a statement of the essence of the appeal;
Check the box to consent to the processing of personal data.

Question:
If an accident occurred due to the fault of a state traffic inspector, is it possible to contact the prosecutor's office?
Answer:
in such a situation, it is better to go to court, attaching evidence of the guilt of the traffic police officer to the application.

Complaint to the State Traffic Safety Inspectorate

To receive complaints from persons who have suffered as a result of the actions of a State Traffic Inspectorate employee, there is an Internet appeals page for the Russian Ministry of Internal Affairs service. Among the authorities listed on the service, you must select the Main Directorate of Internal Security. The applicant will first be asked to familiarize themselves with the rules for submitting documents and possible criminal liability for libel.

You can download a sample complaint in Word format.

Submitting an application online to the reception office of the President of the Russian Federation

In this case, the victim must go to the appeal website, select the “write a letter” option and fill out the online form.

Note:
Among the proposed options, you need to select the addressee - “Administration of the President of the Russian Federation.”

Resolving a controversial issue through going to court

In this case, you can fill out the form using the official form or ask a qualified lawyer for help. The main requirement for the application is the availability of personal data of both parties, testimony of witnesses and a detailed description of the incident. Often the court orders an independent examination to clarify the situation. On its basis, the final decision on a controversial issue is made.

Reasons for submission and examples

The right to complain about unlawful actions or inaction of a police officer is enshrined in the legislation of the Russian Federation; according to these provisions, it is permissible to contact the appropriate authorities when such situations arise:

Incorrect behavior of an employee, for example, if the driver is given a sign to stop driving, and the traffic police officer, without presentation or any explanation, demands to present documents, without having grounds for such a requirement;
Failure to comply with the norms of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation, when an employee acts contrary to his powers and regulations in his job descriptions;
If disagreements arise when drawing up a protocol or making a decision, for example, when an employee draws up a protocol on a violation of traffic rules, and the driver has his own opinion on this matter, such an action can be challenged with a separate complaint;
In addition, the traffic police inspector may demonstrate not only discourteous or improper performance of duties, but also complete inaction, when he completely refuses to respond to an offense on the part of the driver, does not want to draw up or superficially draws up a protocol.

Sample complaint against a traffic police officer.

Where to go

You can complain to several addresses:

To the immediate superiors of the driver’s rights violator, written appeal;
Call the traffic police hotline according to the region where the offense occurred;
A written appeal to the prosecutor's office or judicial authorities to bring the offender to justice, but it should be remembered that appealing to the judicial authorities, despite the ineffectiveness of this option, is fraught with costs.

You can find out where to go if you appeal the actions of the management company here.

Rules and instructions for drawing up a document

When forming a document, the injured person must understand that the legislator has not established the form of the complaint; it is necessary to adhere to the generally established rules for forming the paper and seek the help of a lawyer so that it is endowed with legal force.

This is important to know: Where to complain about the actions of traffic police officers

Important: the appeal should describe the essence of the issue in detail.

In addition, it must have the following points:

Addressee data – details and name of the institution, full name of the official to whom the appeal is made;
Information about the person applying – full name, residential address, postal information and contact details;
Next, you should indicate in detail all existing information regarding the troublemaker - his full name, position, personnel number and other information. In addition, it is important to indicate the license plates of the license, badge, car that was used by the person during the execution;
Describe in detail everything that happened, indicate in as much detail as possible the day, time of the event, section of the road;
Compiler's signature and date.

The document must be formed in accordance with the requirements for drawing up business papers; it must have the following structure:

hat;
Name;
The main part with a description of the event and claims;
Final – indicating references to legislative acts, signature of the compiler and date.

How to draw up and what a complaint against a bailiff contains - read the link.

When drawing up a document, the following standards should be used:

Maintain a businesslike, restrained style, without showing emotions, using exclamatory phrases or friendly sayings;
Try not to make punctuation and grammatical errors;
Make references to legislative acts; a competent specialist with a legal education will help with this;
Do not use insults or labels of any kind towards your opponent, do not describe your conclusions and conclusions.

In addition, it is important to attach documents such as:

Photos and videos of the incident;
Expert and medical opinions;
Testimony of witnesses.

Complaint against the actions of a traffic police officer.

Review period

If the appeal is addressed to the boss of the rude person or the message is made by calling the hotline, the response period is 10 days.

The application is considered in accordance with generally accepted standards for processing citizens' appeals within a month; at most, the applicant can receive a court decision after 2 months.

In addition, during the consideration of the application, the applicant may be contacted with clarifying questions, and he must also receive an answer in an official form.

How long does it take to consider a complaint against banks? Read the publication at the link.