Deadline for appealing a decision in an administrative case. How to appeal decisions on an administrative offense

In this case, you need to file a complaint against the decision that has entered into force; there is no deadline.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5

"On some questions that arise for courts when applying the Code Russian Federation on administrative offenses"

33. The procedure for appealing and entering into legal force of decisions and (or) decisions in cases of administrative offenses depends on which body considered the case.

If the case was considered by a body (official) authorized to consider cases of administrative offenses, then its decision can be appealed to the district court, and by military personnel - to the garrison military court (clauses 2 and 3 of part 1 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation). The decision of a judge of a district court or garrison military court, taken on a complaint against such a decision, can be appealed in accordance with parts 1 and 2 of Article 30.9 of the Code of Administrative Offenses of the Russian Federation to a higher court. The decision in the case of administrative offense committed by a legal entity or a person carrying out entrepreneurial activity without education legal entity, issued by a body (official) authorized to consider cases of administrative offenses, or by an arbitration court, in accordance with Part 3 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation, can be appealed to the arbitration court in accordance with the Arbitration Court procedural code Russian Federation and Articles 10, 26, 36 of the Federal constitutional law"On arbitration courts in the Russian Federation". A decision in a case of an administrative offense committed by a legal entity or an individual entrepreneur, made by a judge of a court of general jurisdiction, can be appealed in accordance with paragraph 1 of part 1 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation to a higher court of general jurisdiction. It is necessary to take into account that complaints of these persons against the decision to bring to administrative responsibility, based on the provisions enshrined in part 3 of article 30.1 of the Code of Administrative Offenses of the Russian Federation and paragraph 3 of part 1 of article 29 of the Arbitration Procedure Code of the Russian Federation, are subject to consideration in courts of general jurisdiction if a legal entity or individual entrepreneur brought to administrative responsibility not in connection with the implementation by these persons of entrepreneurial and other economic activity. For example, when the objective side of an administrative offense committed by them is expressed in actions (inaction) aimed at violating or failing to comply with the norms of current legislation in the field of sanitary and epidemiological welfare of the population, in the field of protection environment and environmental management, safety traffic, fire safety, labor and labor protection legislation.

The filing of complaints and their consideration are carried out in accordance with Part 3 of Article 30.9 of the Code of Administrative Offenses of the Russian Federation in the manner established by Articles 30.2-30.8 of this Code.

If the case was considered by a magistrate, a district court judge or a garrison military court, then their decision can be appealed in the manner established by Articles 30.2-30.8 of the Code of Administrative Offenses of the Russian Federation, only to a higher court: respectively, to the district court or to Supreme Court republic, regional, regional court, court of a federal city, autonomous region, Autonomous Okrug, district (naval) military court (clause 1 of part 1 of article 30.1 of the Code of Administrative Offenses of the Russian Federation).

Article 30.9 of the Code of Administrative Offenses of the Russian Federation does not provide for the possibility of appealing the decision of a judge of a higher court in the same manner, and therefore it comes into force immediately after it is made (clause 3 of Article 31.1 of the Code of Administrative Offenses of the Russian Federation).

In the future, it is only possible to review decisions and decisions that have entered into legal force in cases of administrative offenses in the manner prescribed by Articles 30.12-30.19 of the Code of Administrative Offenses of the Russian Federation.

If the parties do not agree with the results of the court in considering an administrative case, the legislation of the Russian Federation provides for an appeal procedure court decision. How to cancel acts of regional, world, city, arbitration and regional courts.

The procedure for appealing a court decision in an administrative case

If a judge in an administrative case makes a decision, it can be overturned through a special procedure - an appeal. The right of every citizen of the Russian Federation to appeal a district court decision in an administrative case is established by the Code of Administrative Offences. This rule applies to the following list of persons:

• a person accused in an administrative case;
• a person acting as a victim in an administrative case;
• representative of the interests of an individual;
• representative of the interests of a legal entity in the case of administrative responsibility;
• representative of one of the parties;
• lawyer for the accused;
• Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs.

Please note that if a citizen of the Russian Federation is incapacitated, his interests must be represented by a legal representative. If the decision made does not satisfy one of the parties, the guardian can appeal it.

A complaint is filed by a legal organization/institution when it has the right to represent the interests of another person under a contract or in accordance with the law.

Appealing a regional court decision in an administrative case

According to the legislation of the Russian Federation, any court decision, even on a regional scale, is subject to appeal if there is an objective reason for it.

Moreover, you can cancel both an act that has not yet begun to be implemented, and one that has already entered into force. But only on the condition that it was adopted biasedly, in violation of the rights of one of the participants in the proceedings.

To achieve this goal, you will need to collect a package of documents. Namely:

• a claim drawn up correctly and in accordance with the requirements of the legislation of the Russian Federation;
• copy of the protocol. Experienced lawyers recommend checking carefully this document so that the information from the original exactly matches the copies;
• a copy of the court decision, if the results were announced on the spot.

Appealing a decision of the magistrate's court in an administrative case

This procedure is provided for by the legislation of the Russian Federation and is an effective tool when trying to protect the rights and interests of one of the parties during legal proceedings. In addition, this norm provides a person with the opportunity to exercise control over the correctness of the magistrate’s court, the level of competence and professionalism of the judge. And if there is the slightest doubt about the judge’s objectivity, seek a review of the case.

The main reasons why a person has the right to file a protest are as follows:

• violation of legal proceedings, which is established by law;
• violation current laws RF.

Practice shows that sometimes magistrates issue fines, despite the fact that the statute of limitations for applying such a measure has already expired. Here is one specific example of situations where it is quite possible to get the decision of the magistrate’s court overturned.

In order to file a claim to appeal the decision of the magistrate, a person is given only 30 days after the announcement of the verdict in the proceedings. The bottom line is that when a court decision is announced, only the conclusions of the court are prepared, and when the case is subsequently transferred to the office, a motivational part will need to be drawn up. The day after the end of the trial begins the countdown of the 30-day period during which you need to file a complaint with a request to reconsider the case. A different procedure is possible only if the judge indicated a different date for drawing up final decision. Under such conditions, the deadlines change. If the official who administers justice announces a different date for the final decision, then the time period will change.

Appealing a city court decision in an administrative case

The decision of the city judge can actually be reversed by a higher authority. This procedure is carried out in cassation or in a supervisory court. The complaint should be filed with the regional or regional court. But the document must be drawn up in the correct way in order for it to be accepted for consideration.

The drafted claim describes the following information:

• name of the body where you plan to file the complaint;
• information about the originator of the claim, as well as other participants in the process;
• information about the decision made;
• reasons for canceling the results of legal proceedings.

Submit such paper with detailed description the essence of the petition will be required to a higher court of cassation through the city body where the appealed decision was made. The regional or regional court has the right to cancel the decision of the city court or reject the claim of the originator of the claim.

Appealing an arbitration court decision in an administrative case

You can seek to have the decision overturned different methods. Namely in:

• Appeal procedure. It is the first step for filing a claim, which sends the proceedings for review. The period within which you need to file a complaint with the court of first instance is 30 days. The countdown begins from the moment the decision is made. For legal proceedings that are carried out in a simplified manner, that period is reduced to 1 day.
• Cassation procedure. Thus, those decisions are being challenged arbitration court, which had been considered up to that point in the Court of Appeal. This right can also be exercised if the appellate judge refuses to restore a person’s request to restore the deadline for filing a claim. Appeal decisions are also overturned by cassation. The deadline for this is 60 days from the date of adoption of the act, during which time you need to file a claim in the court of first instance.
• Supervisory order. It is the last method of reviewing an arbitration court ruling. Thus, any act, including appeal and cassation, is subject to cancellation. The main thing is to fit within the deadline for filing a complaint - 90 days from the date of the judge’s last decision. The originator of the claim must send it to the highest judicial authority.

Each of the described methods of achieving the desired has its own time period for filing a claim, the specifics of its submission to the relevant body and its study. This fact is important to consider in the process of drawing up the document.

Appealing a regional court decision in an administrative case

The decision of the regional judge can also be challenged, for which you will need to contact the cassation court with a claim drawn up in a specialized format.

The legislation clearly stipulates what information should be described in such a document. It has also been established that cassation proceedings must take place in a standard format, in which the judge considers all the arguments and evidence provided to him and makes an assessment of the legality of the decision made.

The cassation appeal is drawn up in accordance with current norms and laws. It contains comprehensive information about the case being considered. It will be necessary to provide links to legislative norms that define the existing violation committed when making a court decision. This way you can increase your chances of a positive outcome.

Content:

Administrative punishment is the most commonly used method of influencing citizens who have committed unlawful acts. The main difference between acts that fit this category is that they do not cause significant harm to society. Most often, such types of punishment as a warning, fine or administrative arrest are used against violators. Motorists and public order violators are well familiar with these concepts. Ignorance of the law does not exempt from responsibility, therefore every citizen should know what illegal actions may entail this kind of punishment and how to appeal a court decision in an administrative case.

Prosecution

After a protocol has been drawn up against the offender, it, along with all the materials collected on the case, is transferred to the court or official who is authorized to consider cases of administrative offenses. The issue of bringing the violator to justice can be decided by:

• - head of a unit of the Ministry of Internal Affairs or his deputy;
• - the judicial body that will consider the case on its merits.

In the first case, the date and time of consideration of the issue by the head of the police department must be indicated in the protocol. When considering a case in court, the violator is required to serve a summons.

Where to file a complaint against a decision in a case of an administrative offense?

In accordance with the current legislation of the Russian Federation, a citizen against whom a decision on an administrative offense has been issued has the right to appeal it. The complaint is filed in accordance with the established procedure.

Appeals in administrative cases are carried out:

• - to a higher authority;
• - to court.

The procedure and deadlines for filing a complaint are provided Article 30 of the Code of Administrative Offenses of the Russian Federation. It is important to remember that appealing a decision to impose administrative liability possible within 10 days from the date of delivery or providing a copy. If for some reason this period was missed, the party has the right to apply to the court or an official to extend it. The document must indicate what exactly caused the violation of this requirement. If the judge or official considers the arguments to be compelling, a decision will be made to reinstate the deadline for filing a complaint.

Of course, it is much easier if the complaint is made earlier decision made will compose and submit. But, if contacting a specialist is not possible, you can cope with this task yourself. The content of the document is clearly regulated by law, and if the applicant accidentally makes a mistake in choosing the addressee, within three days, the complaint will be redirected in accordance with the jurisdiction.

Appeal to a higher official or authority

How to appeal a decision in an administrative case if the decision to prosecute was made by an official law enforcement agencies? The answer to this question interests almost everyone who has been brought to administrative responsibility in this way.

In this case, you can appeal the decision:

• - to a higher official;
• - to a higher authority.

The legislation allows you to also submit an application to the person initially considering the case.

The applicant must take care to collect all available evidence necessary to challenge the decision. 10 days are given for consideration of materials. A higher authority or person may cancel a previously adopted decision, reduce the punishment, send the case for a new investigation, or leave the decision unchanged.

The received refusal can be challenged in court at the place where the complaint was considered, and then in a higher court.

Going to court

The Code of the Russian Federation on Administrative Offenses provides that an offender against whom a decision has been made to bring administrative liability may file a complaint directly with the court. The choice of authority depends on who made the original decision.

So, for example, if the document was issued by the head of the police department, you need to file a complaint with the district court. Applications to challenge the decisions of the magistrate’s court should also be sent there. In order to appeal the decision of the district court, you should contact a higher authority, this may be a regional or other court of the subject. The judicial authority has 2 months from the date of receipt of the complaint to study the materials and make a decision.

Complaint procedure

The person who filed an application for review of the decision to impose administrative liability is present during its consideration. The authorized body checks the validity and legality of the decision made, reviews the materials, hears the offender’s explanations and testimony. As a result, a decision is made that can:

1. leave the resolution unchanged;
2. change the punishment (in this case, the use of a more severe sanction is not allowed, the punishment can only be softened, which will allow you to receive, for example, a smaller fine or limit yourself to a warning instead of a fine);
3. completely cancel the decision;
4. cancel the previously made decision and return the case for reconsideration;
5. send the case for re-trial according to jurisdiction if it turns out that the decision was made by a person, body or judge who did not have the right to do so.

During the consideration of the complaint, the parties may file challenges and motions, bring in additional witnesses, or ask the court to request documents that may be relevant to the case if the parties are unable to obtain them on their own.

The procedure for a driver to appeal a decision on an administrative offense and a fine

The Code of the Russian Federation on Administrative Offenses regulates the conditions of liability for committing administrative offenses, including violations of traffic rules. It is extremely difficult to meet a driver who has never had to violate traffic rules, since it is not necessary to be a persistent violator; various situations may arise on the road, due to which the driver may involuntarily violate traffic rules. Therefore, every road user should know how to challenge a decision made on the basis of an inspector’s protocol. The procedure is carried out in several stages:

• - the person or body authorized to consider such complaints is determined;
• - the application is drawn up in strict accordance with the requirements of the law;
• - the complaint is submitted to the appropriate authority.

The applicant must remember that for such applications there is no need to pay a state fee. Documents can be submitted to the relevant authority in person, through a representative, or sent by mail.

"Code of Administrative Proceedings of the Russian Federation" dated 03/08/2015 N 21-FZ (as amended on 12/27/2019)

CAS RF Article 227. Court decision in an administrative case challenging a decision, action (inaction) of a body, organization, person vested with state or other public powers

1. A court decision in an administrative case challenging a decision, action (inaction) of a body, organization, person vested with state or other public powers (hereinafter in this article - a decision in an administrative case challenging a decision, action (inaction)) is made according to the rules established by Chapter 15 of this Code.

2. Based on the results of consideration of an administrative case challenging a decision, action (inaction) of a body, organization, person vested with state or other public powers, the court makes one of the following decisions:

1) on satisfaction in full or in part of the stated requirements for recognition of the contested decisions, actions (inactions) as illegal, if the court finds them to be inconsistent with regulatory legal acts and violating the rights, freedoms and legitimate interests of the administrative plaintiff, and on the obligation of the administrative defendant to eliminate violations of rights, freedoms and legitimate interests of the administrative plaintiff or obstacles to their implementation or obstacles to the exercise of rights, freedoms and legitimate interests of persons in whose interests the relevant administrative action was filed statement of claim;

2) on the refusal to satisfy the stated demands to recognize the contested decisions, actions (inactions) as illegal.

3. The operative part of a decision in an administrative case challenging a decision, action (inaction) must contain:

1) an indication that the challenged decision, action (inaction) does not comply with regulatory legal acts and violates the rights, freedoms and legitimate interests of the administrative plaintiff, to satisfy the stated requirement in whole or in part with references to the body, organization, person vested with state or other public authorities who made the contested decision or performed the contested action (inaction), and on the substance of the contested decision, action (inaction). If an administrative claim is satisfied to challenge a decision, action (inaction) and the need for the administrative defendant to make any decisions, take any actions in order to eliminate violations of the rights, freedoms and legitimate interests of the administrative plaintiff or obstacles to their implementation, the court indicates the need to take a decision on a specific issue, the commission of a certain action, or the need to eliminate otherwise committed violations of the rights, freedoms and legitimate interests of the administrative plaintiff and the period for eliminating such violations, as well as the need to report the execution of a decision in an administrative case challenging a decision, action (inaction) to the court and to the person who was the administrative plaintiff in this administrative case, within one month from the date the court decision entered into legal force, unless another period is established by the court;

3) information on issues resolved by the court on the basis of specific circumstances of the administrative case, including the cancellation or preservation of preliminary protective measures in an administrative claim;

4. Drawing up a reasoned court decision is carried out according to the rules established by Article 177 of this Code. If, at the end of the trial in an administrative case challenging a decision, action (inaction) of a body, organization, person vested with state or other public powers related to the holding of a public event (meeting, rally, demonstration, procession, picketing), an announcement is made at the court hearing only the operative part of the court decision, a reasoned court decision to refuse to satisfy the relevant administrative claim must be drawn up by the court on the day this decision is made as soon as possible short terms after the end of the court hearing.

5. A decision in an administrative case challenging a decision, action (inaction) shall enter into legal force according to the rules provided for in Article 186 of this Code.

6. Copies of the decision in an administrative case challenging a decision, action (inaction) are handed over against receipt to the persons participating in the case, their representatives or sent to them within three days from the date of the court decision in final form, and in an administrative case related to the conduct public event (meeting, rally, demonstration, procession, picketing) and considered before the day of the public event or on the day of its holding, immediately after the production of this decision are handed over or sent to the specified persons using methods to ensure the prompt delivery of such copies.

7. On the day a court decision that satisfies the stated requirements enters into legal force, or on the day this decision is requested for immediate execution, copies of it are sent using methods to ensure the prompt delivery of such copies to the heads of the body state power, a local government body, another body, organization vested with state or other public powers, the chairmen of the qualification board of judges, the examination commission for the examination for the position of a judge, an official, a state or municipal employee, whose decisions, actions (inactions) were challenged. The court may also send copies of this decision to a higher authority, organization in the order of subordination, or to a higher person in the order of subordination to a person, a prosecutor, or other persons.

8. A decision in an administrative case challenging a decision, action (inaction) is enforced according to the rules specified in Article 187 of this Code. Decisions that recognize as illegal decisions, actions (inaction) of an executive body of a constituent entity of the Russian Federation, a local government body on issues related to the coordination of the place and time of a public event (meeting, rally, demonstration, procession, picketing), as well as with the decisions made by these authorities warning regarding the purposes of such a public event and the form of its conduct are subject to immediate execution.

9. If a decision, action (inaction) is declared illegal, a body, organization, person vested with state or other public powers and who made a contested decision or committed a contested action (inaction) is obliged to eliminate the violations or obstacles to the exercise of rights, freedoms and the implementation of legal interests of the administrative plaintiff or the rights, freedoms and legitimate interests of persons in whose interests the corresponding administrative claim was filed, and restore these rights, freedoms and legitimate interests in the manner specified by the court within the period established by it, and also report this within one month from the date the entry into force of a decision in an administrative case challenging a decision, action (inaction) in court, a citizen, an organization, or another person in respect of whom violations have been committed, obstacles have been created.

10. If a decision in an administrative case to challenge a decision indicates an action (inaction) on the need for its publication, it must be published within the period established by the court in the printed publication specified by the court, and in the absence of an indication of such publication in the official printed publication of the body or organization , official. If it is impossible to publish a court decision within the prescribed period due to a certain frequency of publication of the official printed publication, this decision must be published after deadline in the next issue of this publication. If the official printed publication has ceased to operate, the court decision is published in another printed publication, which publishes legal acts of the relevant government body, local government body, other body, authorized organization or official.

A number of persons can file a complaint against an unlawful action or decision of an official in administrative proceedings, including: the offender, persons whose rights were violated as a result of the offense, their defenders and representatives from the organization, or minors.

If a citizen has the slightest doubt that he was brought to justice illegally, or procedural measures were applied that went beyond what was permitted, then it is necessary to take advantage of the means of protection and resort to an appeal.

There are also frequent cases of imposition of penalties by mistake or without taking into account the circumstances of the case, which can mitigate or completely exempt from liability.

In this article:

Deadlines for appealing decisions of officials

The law clearly stipulates the time limits for appealing a decision (resolution) in a case of an administrative offense. You have 10 days to file an appeal against the decision.

At the same time, it is important to know that this period begins for a citizen not from the moment the decision was made by an official, but from the moment when the citizen had this decision or a copy in his hands.

If the resolution was sent by mail, then from the day of receipt at the citizen’s place of residence, about which a receipt stamp is placed at the post office. An exception to this period is the appeal of offenses encroaching on the rights of citizens arising from Chapter 5 of the Code of Administrative Offenses. In this case, the period for appeal is 15 days.

A citizen has the opportunity to restore the period for appealing a decision in an administrative case if there are good reasons for this. Also, the rejection of a request to restore the deadline can be appealed to a higher authority.

The procedure for a citizen to appeal a decision in a case

If you decide to exercise your right to appeal, you need to know where to file your complaint. Firstly, there is always a rule of appeal to a higher authority, for example, you can appeal to the traffic police department against the actions of a traffic police officer, or to a district or city court against a decision of a magistrate.

If the complaint is sent by you through the body that made the decision, then the obligation is established for this body to transfer the complaint and all materials to a higher authority within three days. This is a very convenient way for a citizen, since not everyone is oriented and knows the structure and system of executive authorities and administrative jurisdiction bodies.

When appealing a decision in the course of which a decree of arrest or deportation was issued, the complaint must be considered on the day of its application by the citizen.

The state exempts the citizen from paying the state fee for filing a complaint.

Final decision on a citizen’s complaint against the decision in the case

As a result of an appeal, several decisions may be made:

• A positive decision for a citizen, in which the decision to impose a punishment is canceled as a result of clarification of the circumstances of its illegality
• Negative decision, when the decision remains without change or revision
• Making a decision to review and amend a previously made decision, while the guilt of the offender in this case is not increased, but revised in his favor, for example, changing the amount of the fine to a lesser one within the scope of the offense
• Making a decision of a higher authority, during which the decision is subject to cancellation, and the proceedings are resumed again, if gross errors in its conduct are discovered, for example, the decision was made by an unauthorized person

In any case, if there are violations during the conduct of the proceedings, a higher authority will be able to identify and give a different course to the case.