How to write a complaint to the court about an administrative violation
How to write a complaint to the court about an administrative violation
After the ruling Court In the administrative case offense The person participating in the case or the lawyer has the right to file Grievance. The document is sent to a higher judicialbody or other instance in the cases specified in Article 25 of the Civil Procedure Code of the Russian Federation. The complaint must be submitted within ten days of the delivery of the decision in the case.
You will need
- - The Civil Procedure Code of the Russian Federation;
- - The decision on the case of an administrative offense;
- - passport;
- - requisites of the body that issued the order;
- - requisites of the court to which the complaint is filed;
- - requisites of the plaintiff.
Instructions
1
In the "cap" of the complaint write the name of the courtBody, address of its location. If you appeal the decision of the district judge, address the document to the regional court. If a complaint is made on the decision of the latter, indicate the name of the judicial body of the republic. In case of appeal of the decision by the collegial body, address the document to the district court at its location. Be guided by Article 25 of the Code of Civil Procedure of the Russian Federation.
2
Enter your personal data, address of the place of residence. Appeal against the decision of the court or other authorized body is entitled to a person who is subject to administrative punishment, as well as a lawyer.
3
Indicate the name of the judicial or other authority whose decision you appeal. Enter the personal data of the claimant, his address of residence.
4
Write the title of the document in capital lettersletters. Then indicate the number, the essence of the case of an administrative offense. Enter the number of the decision that you appeal, the name of the body that issued the decision in the case.
5
Indicate to what administrative punishment you are involved in accordance with the decision. Write, for what offense is a fine.
6
Write, for what reasons do you consider the punishment unreasonable. Please note that the complaint must be accompanied by documentary evidence of your correctness. Therefore, refer only to lawful grounds.
7
Write a request for the cancellation or amendment of the decision on the case of an administrative offense. Specify the requisites of the order and the type of penalty imposed on you.
8
Write the date of preparation of the complaint, putsignature. Attach to the document the decision you referred to above, and documentary evidence, which is the basis for appeal. File a complaint within ten days of receipt of the order.
9
The judge, after receiving the complaint, is obliged to notifythe body that implements the penalty, and suspend the execution of the resolution. The document is attached to the materials of the case and is considered within ten days from the date of writing the complaint.
