Complaint about illegal actions of traffic police officers. Why submit a complaint? Sample complaint letter to police officer

When driving on the road, each driver is obliged to comply with the requirements of the traffic police inspector. If there was a stop at the request of a traffic officer, then further actions should take place according to official regulations. There are frequent cases when a dispute arises between the driver and the inspector, it must be resolved correctly, without rudeness on both sides. If the driver stopped for inspection does not agree with the behavior of the traffic police officer, then he has the opportunity to formally declare his protest.

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

A modern and accessible way for all users to receive 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 convenient time for the client. It is enough to leave a question in a special window or call the duty phone, as a response from a specialist will follow in a few minutes. Professional recommendations can be used in any legal situation, fully relying on the relevance and accuracy of the information received.

Incorrect behavior of an employee of the guard service can be appealed in the prescribed manner. The same actions are taken if the conflict broke out between the employee and the passenger of the car. Where to go and how to formulate claims, a lawyer who has practical experience in such cases and protects the rights of drivers will tell you.

You can complain about inadequate actions to the management of the unit, to the supervisory authorities, that is, the prosecutor's office, or the courts. Complaints to management must be substantiated, preferably supported by evidence. The punishment for unauthorized actions will be an official penalty entered in a personal file. If there are several appeals from citizens, an official check is appointed.

If the facts of regular violations are confirmed, then the employee will be dismissed under the article for non-compliance.

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 a management response to the complaint. It is required to apply to the district court, for consideration and adoption of a decision is given by law 60 days, a month after the decision is made, it enters into force.

You can apply to the court for the protection of your interests within 3 months from the date of the incident. Such a statute of limitations is optimal in order to make an informed decision. In most cases, the positive decision of the court depends on how competently and reasonably the claim is written. It is best 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 norms of the law. The body text should be short but to the point and dispassionately describe the incident.

The main reason for going to court is disagreement with the protocol. Your protest should be recorded in the minutes when you receive it for signature. In the same place, list the facts that led to the litigation. 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, do not contain profanity and grammatical errors. A poorly substantiated claim will be returned, refusing to accept or giving a period to correct errors. The text of the statement is written in an arbitrary form, but in the document required information must be present:

name of the court;
personal data of the applicant, contacts;
defendant's data, including his official position, badge number and belonging to a particular unit;
description of the conflict and illegal actions of the inspector;
provisions of the law, Code of Administrative Offenses, traffic rules and other legal regulations;
road protocol;
justified claim of the plaintiff;
documents and testimonies;
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 lawsuit are known by a lawyer who is constantly involved in the processes. It is best if there are records of the registrar or eyewitness statements in the case.

If the driver wants to prove the guilt of the inspector, then he must independently or petition the court for this. Sometimes the testimony of the registrars and the examination carried out remove from the court all the questions to the participants in the dispute.

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

The prevailing party has the right to file a claim for reimbursement of the costs incurred in the case before the closing of the process. The losing party pays the costs, the amount is determined by the court. This includes the cost of legal proceedings, attorney's fees, travel and hotel expenses. Lawsuits over the illiterate actions of traffic police officers are lengthy and require the participation of an experienced lawyer. Professional knowledge will help you get the best court decision and recover the maximum compensation from the other side.

Download sample complaints about misconduct by traffic police officers

Complaint about the actions of a traffic police officer

Each driver, if he does not agree with the decision of the traffic police officer, has the right to write a complaint against him. Thus, having saved himself from a fine for unfair punishment and taught a lesson to a dishonest inspector, because any statement about illegal actions, especially if it is justified, will adversely affect the performance of a traffic cop.

Before you start filing a complaint, you need to know on the main powers of the traffic police inspector:

The traffic police officer may ask you to hand over the documents for the vehicle and the driver's license.
The inspector of the patrol service has the right to stop the car at any place. True, there are places specified by law in which stopping is prohibited or undesirable.
Another traffic cop has the right to ask the driver to get out of the car or open the trunk. But there are also reservations to this rule, according to which such actions are allowed to be performed in case of special circumstances: suspicion of technical problems in transport or alcohol intoxication of the driver. In fact, the law lists circumstances that arise only as a result of a subjective assessment of a traffic police officer, so there is no point in complaining about the adequacy of a traffic cop in such a situation.
An employee of the State traffic inspectorate can deprive a driver of a driver's license if he is in a state of intoxication.
Moreover, the traffic cop has the right to draw up a report on the violation of traffic rules against the driver, and even make a decision to bring him to administrative responsibility.

When the traffic police inspector complies with all the listed rules and does not violate the law, then all complaints against him will be ineffective. In addition, punishment will follow for slandering a traffic police officer.

Reasons for complaints

It is necessary to file a claim against a traffic cop only if he issued an appropriate decision and drew up a protocol, and the driver does not agree with such a decision. In this situation, it will be considered according to the procedural norms of the Code of the Russian Federation.

When considering the filed complaint, the court will check the validity of attracting a motorist to a fine. When the justice authorities do not agree with the arguments of the traffic police officer, they cancel the decision and find the driver innocent of the violation against him.

In addition, you can complain about certain actions or inaction of the patrol service employees.

How to make a complaint?

First of all, it should create an application header. To do this, you must specify the contact details and addresses of the complaint. Then comes the name of the document: in the center of the document, you must indicate a statement or complaint about illegal actions that led to a violation of rights.

Then the essence of the complaint against the traffic police officer is described in full. In writing, you need to state the event that preceded the offense and the actions of the traffic cop. It is better to write briefly, but meaningfully, not forgetting to indicate facts and dates. If there are witnesses, be sure to mention them in the complaint.

In addition, the statement must contain references to laws, otherwise it makes no sense. If they are not indicated, then, most likely, the answer will come that violations in the actions of the traffic police inspector are not tracked from the submitted application.

At the end of the application, you must indicate your request based on the situation described above. For example, you want to perform a check on a specifically described case or even control the work of other traffic police officers. You can also indicate that you want to punish an unscrupulous traffic cop, depending on his actions.

Be sure to include a copy of the protocol of violation with the completed complaint to facilitate the consideration of this case. In addition, it will help to establish whether the fact of violation was actually present.

If there is evidence that the traffic police officer violated your rights, then write about it in the application. But they will have to be provided during the consideration of the case. If you are going to send a complaint along with evidence, it is better to use copies of documents, as there is a possibility that they will not reach their destination.

Preparation of a complaint against a traffic police officer

Inspector misconduct complaint You can write to several places at once:

Prosecutor's Office;
The head of the department of the State traffic inspectorate where the employee works;
To court.

At the same time, keep in mind that you can file a complaint within 10 calendar days without days off and holidays from the moment the protocol was drawn up. Of course, it is possible to restore this period, but only if there is a good reason: a business trip, illness, and so on.

In a complaint against the actions of traffic police inspectors provide the following information:

Moreover, this statement must be signed by the driver who was brought to administrative responsibility, or his lawyer.

Complaint to the traffic police

The model for building a complaint against an inspector of the road patrol service to his head for illegal actions is similar to a sample contesting an unlawful fine. When filling it out, the driver must also enter formal details and describe the current situation. In addition, the sample must indicate the postal address, passport details and contact numbers of the applicant, as well as the name of the body to which the complaint is filed.

You should also indicate the data of the traffic police inspector whose actions you wish to appeal. Therefore, do not forget to rewrite his initials, position, surname and even the badge number while communicating with him. In the complaint, indicate the date when exactly the conflict with violation of rights occurred and describe in detail all the circumstances.

Many motorists who are faced with such a problem recommend that drivers record the entire process of interaction with an employee on camera. A copy of this video on disk should be attached to the text of the application. If it is not possible to shoot a video, then take photos from the scene. It is desirable to attach to the complaint also the testimony of witnesses capable of refute or confirm the words of the driver, and copies of the papers handed over by the inspector.

After that, the document must be signed by the submitter or a person by proxy. It also indicates the date the complaint was written. The completed application can be independently taken to the office of the traffic police, sent via the Internet or by mail. It is best, of course, to use the latter option, since the complainant will still have a receipt for the postal item in his hands. The accusations of the submitter will be considered within a month from the date of receipt of the documents.

Complaint to the prosecutor's office against the traffic police inspector

If, after contacting the higher authorities of the traffic police about the illegal actions of an employee, they could not achieve justice, you can try to file a complaint with the prosecutor's office. File a claim need in writing, indicating in it information about illegal actions against the submitter.

A properly completed complaint should be sent as a valuable notification letter or brought in person to the authorities. By the way, information about the illegal actions of inspectors can be given by telephone helplines. If you plan to make a written application, then be sure to indicate:

Claims against a patrol officer;
The address where you are sending the application and the name of the responsible person;
Passport data;
The date of the document and signature.

If there are documents confirming the illegal actions of the employee, then attach copies of them to the complaint. Often, when considering a claim, the relevant authorities use information received from witnesses of the situation.

After the inspection, the driver who disagrees with the decision of the traffic police officer receives a response with a refusal or approval of the complaint. Such a claim in the prosecutor's office is considered, as a rule, 30 days. If you get a refusal, you can only try to go to court.

When submitting a sample claim for a decision or actions of a traffic police officer to the court, you need to understand that this paper does not have a strict format. The main thing is that the document complies with the norms of the civil law code, and also contains: requirements, contact and personal information about the applicant; the name of the court; a detailed description of the events that occurred; information about the inspector; links to articles of traffic rules, Code of Civil Procedure and Code of Administrative Offenses; eyewitness testimony; protocol number; signature and date.

When the inspector does not admit his guilt, evidence should be given in the complaint: witness statements, photographs or a video recording taken at the scene of the conflict. If the plaintiff complains about the employee of the State traffic inspectorate due to the fact that his decision was biased, unprofessional or biased, you should resort to independent expertise. Qualified specialists will assess the situation and draw up a report in writing. The court on its basis will be able to conclude who exactly is right in this situation.

But before filing a lawsuit against the inspector of the road service, you should pay a state duty, the amount of which is equal to 15% of the minimum wage.

Conclusion

If the traffic police officers acted outside the law and violated the driver's rights, then it is imperative to challenge their decision. To prove your case, it is better to turn to experienced lawyers who can find the necessary arguments.

Specialists will independently draw up a complaint about the illegal actions of police inspectors and collect evidence. In addition, legal advice will help you feel more confident when dealing with them, as well as achieve justice in case of violation of rights.

If you disagree with the conclusions of the traffic police inspector, the traffic police, you can complain about his actions by writing a complaint. It is better to do this within ten days from the date of the violation, and preferably where the protocol was drawn up. In case of violation of your rights and interests, where can you complain? There are three options where you have the right to complain and send an application or complaint: to the superior head of the traffic police department, who drew up the report at the place of work of the traffic police inspector, 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 include irrefutable evidence of your innocence. For example, this may be information proving the illegality of the actions of the traffic police inspector, the traffic police or the incorrect preparation of the protocol, unreliability or, conversely, the lack of information. For example, there are no witnesses when, according to the instructions, they should be, or the protocol is not drawn up according to the form, the sample of which is approved by law. By the way, passengers also have the right to be your witnesses.

When your complaint is upheld, a ruling will be issued. 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. For this, as mentioned above, you need a protocol from the scene, where it is recorded that you do not agree with the conclusion of the traffic police inspector, traffic police. So you can prove your rights.

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

Drafting complaints and lawsuits requires a certain procedure. How to fill out a sample document?

The information in the documents is presented sequentially, with a clear chronology of events. That is, you describe a situation where, as you think, your rights and interests have been violated. It is also necessary to display the illegal actions of the traffic police inspector.
Do not forget to indicate personal data, position, rank or other sign confirming the official position of the traffic police inspector, traffic police officer.
By the way, in the complaint, write your request for a check on the legality of the official's actions. Thus, an employee of the traffic police, traffic police, in case of confirmation of his illegal actions, will be brought to disciplinary, administrative or criminal liability.
A big plus in the complaint will be information about the witness of the incident.
Also, if you have the opportunity to record what is happening on video or take a picture, do not forget to attach it to the complaint, and keep copies for yourself.
The final step is filing a complaint. If you file a complaint yourself, do not forget that in the office on the second copy you will be marked as accepted. That is, the incoming number, the date of acceptance and the signature of the person who accepted the document.

Complaints in writing are accepted around the clock. Given modern computer technology, your complaint can be sent by e-mail, the so-called electronic appeal.

Response to a complaint

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

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

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

Appeal against the actions of a police officer

Complaints that relate to the actions or inaction of a traffic police officer, traffic police differ from complaints about a protocol on an administrative violation. In the second case, proceedings are being conducted in accordance with administrative law, it is necessary to prove the fact that the driver has 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.

In the event of a conflict, the driver has the right to demand from a traffic police officer or traffic police inspector to introduce himself, show an identity card. In order not to miss anything, fix all this data. At best, it would be nice if you recorded everything that happens on video or took a photo. If there is a witness, take his details too. It is better to write an explanation yourself, with your own hand, and also note the presence of a witness.

Since the model of the complaint is not defined in principle, the document can be drawn up on the basis of general requirements, according to the model of any complaint. That is, in the appeal, be sure to indicate the exact name of the body where the document is addressed, the address. As well as the personal data of the person who files the complaint, his address of residence, contact phone number. This is required for you to receive a response. Describe the data of interested parties whose rights and interests have been violated and are being appealed. These data are necessary for quick and high-quality verification, as well as calling persons to a court session.

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

If necessary, the conclusions of the examination carried out can be written in the document, which will help to clearly outline the scheme of the accident and find out the causes of the incident. Then the court will be obliged to appoint a re-analysis of the actions or inaction 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 his legitimacy.

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

As practice shows, it is possible to challenge and appeal against any actions and decisions of traffic police officers.

Often, car owners have a radically opposite vision of the situation on the actions or behavior of law enforcement officers. Indeed, statistics show that there are frequent abuses on the part of traffic police officers, and sometimes incompetence in examining the circumstances of a case can be noted. In this regard, it is important to know how to appeal against the actions of traffic police officers. Legal literacy will become a reliable protection for all motorists on the roads and in subsequent interactions with the authorized bodies of the traffic police.

Appealing against the actions of traffic police officers is provided for by the Code of Administrative Offenses (Article 30) and Federal Law No. 4866-1, dated 1993. It is advisable to appeal against the actions of traffic police officers in the following cases.

Abuse by a traffic police officer is a qualification of an offense under a more serious article of the Code of Administrative Offenses for the purpose of receiving a bribe or out of personal dislike for the car owner, and so on.
The incompetence of a traffic police officer is a weak orientation in legal regulations, incorrect qualification of an offense, incorrect completion of the protocol, and so on.
An unfair approach to the consideration of the circumstances of the case - the lack of impartiality in the consideration of issues (for example, the traffic police officer takes one of the parties for one reason or another), inattention to the requests of the participants and details of the case, and so on.

In all the cases described above, it is advisable to appeal against the actions of traffic police officers in higher authorized bodies (the traffic police department or the court).

Appeal against the actions of traffic police officers can be carried out both in pre-trial and in court. As a rule, these two stages, at which the actions of traffic police officers are appealed, should be used in turn, since the pre-trial procedure is preferable for all participants, helping to minimize time and material costs. However, this is not a ban on the possibility of a citizen immediately applying to the judicial authorities, bypassing pre-trial options for resolving a conflict situation.

Below is an instruction considering the appeal against the actions of traffic police officers according to the general scheme, that is, starting with the pre-trial procedure for resolving the conflict. The procedure for appealing against the actions of traffic police officers is as follows.

At the scene, the traffic police officer draws up a protocol, which must be signed by the participants in the incident (committing an offense, an accident, and so on). If the car owner finds in the actions or inactions of an authorized employee one of the circumstances described in the section “When to appeal against the actions of traffic police officers”, it is necessary to proceed to the first step of the appeal. Appeal against the actions of a traffic police officer begins with a documented statement of disagreement with the protocol drawn up. To do this, after the text of the protocol, a corresponding note is made: “I do not agree” and the reason for this disagreement is indicated. Then the signature of the car owner is put.

Important! You need to take a second copy of the protocol signed by the traffic police officer.
You need to try to find witnesses to the incident and take their contact details, as well as write down names and surnames. As practice shows, when bringing the consideration of a conflict situation to the judicial authority, The presence of witnesses is a fundamental factor in the successful outcome of a trial.
It is also necessary to record the data of the traffic police officer himself who draws up the protocol: rank, first name with last name and car number. This rule is also relevant in relation to other participants in the accident, if it is not a common offense, but a traffic accident. All this will come in handy when an appeal is made against the actions of a traffic police officer.
It is also recommended to conduct video recording of the dialogue with a law enforcement officer for further submission of this video material as evidence to the traffic police or the court. It is also desirable to record the scene of the incident with a camera or video camera. Video recording is preferable, as it allows you to get a more complete and more objective picture from the scene. To the greatest extent, this is advisable when it is planned to appeal against the actions of a traffic police officer in registering an accident.
In the future, you can immediately write a complaint or wait for a notification about the need to obtain a decision regarding the offender, which will come by mail. After serving a notice to appeal against the actions of a traffic police officer, the car owner will have 10 calendar days.
Appeal against the actions of a traffic police officer involves the aforementioned writing of a complaint, which You can make it yourself, or seek the help of a qualified lawyer. The latter is advisable if there are no pronounced signs of abuse, incompetence or dishonesty in the actions or inactions of a law enforcement officer, or the evidence base (fixation, witnesses, and so on) cannot be considered as objective and reliable or is completely absent.

The complaint consists of the following key parts: the details of the addressee and the sender (indicated in the upper right corner), the name of the document (complaint), the body of the document (a statement of the circumstances of the case and a reference to the articles of regulatory legal acts of the current Russian legislation), date and signature.

Further steps describing the appeal against the actions of a traffic police officer will be presented in the next section of the publication, supplementing the procedure for appealing the actions of traffic police officers.

The primary appeal against the actions of traffic police officers takes place in the traffic police department. A complaint can be filed with the traffic police officer himself, who drew up a protocol at the scene. In this case, this law enforcement officer is obliged to transfer this complaint to a superior officer within three days.

However, it is preferable to file a complaint directly with the head of the traffic police to ensure that it reaches the addressee and more prompt consideration. It is possible to submit it in person, signed by the addressee, or send it by mail with a letter with notification.

Important! In case of refusal to satisfy the complaint, or no response to the claim within thirty calendar days, a similar complaint is sent to the court.

Video, appeal against the actions of traffic police officers

In order to better understand the procedure for appealing against the actions of traffic police officers (in particular, appealing against the actions of a traffic police officer in registering an accident), it is recommended to watch the video