How to appeal an administrative ruling

Administrative offenses include illegal, guilty actions and inaction of citizens and legal entities. They provide administrative responsibility. If the affected person or one, in whose address a decree was made, considers it unlawful, the procedure for appealing the administrative protocol is allowed.

1

Subject of violation

As an object of encroachment can be:

• health of citizens;
• public law and order;
• personal property;
• ecology;
• civilian morality, etc.

The offense from the crime is distinguished by the fact that in the latter case the guilty causes significant harm to society (for this criminal liability).

2

Options appeal

Appealing of the administrative resolution is allowed in pre-trial and judicial order. In the first case, you will need a minimum of documents and forces to solve the issue. Payment from the applicant for administrative appeal is not provided for (the statepasin is charged only when contacting the court). From the moment of receipt of photocopy of the ruling, it can be appealed for 10 days.

3

To whom to address the complaint

A complaint may be addressed to a person or to the highest authority. The resolution will indicate who made a decision on an administrative offense. In the designated body, you can find information on the information booth where citizens can serve complaints. This document is drawn up in writing, the use of electronic communication methods (fax, telegraph, email) is not allowed. You can submit a complaint personally (be sure to ask the incoming number on your document instance) or by mail. In the second case, the filing date of the complaint is considered the one that is specified on the envelope when sending.

4

How to restore the appeal

If the term of appeal of the resolution passed, the procedure is significantly complicated. First, it is necessary to submit a petition for the restoration of the dispute period. At the same time, it is necessary to provide evidence that you have not produced these actions on time for an important reason. These include:

• temporary disability (due to illness, injury);
• business trip;
• complex family circumstances (serious illness or death of a relative);
• stay in custody, arrest;
• fors major (natural cataclysms, war, etc.).

Sometimes a petition is included directly into the text of the complaint. If the appeal time will be restored (there is no guarantee in this), then you can proceed to the appeal procedure.

5

How to make a complaint

Complaint Rules:

1. In the Shapka of the document, it is necessary to indicate who and from whom a complaint is served, as well as the name of the authority, which issued a resolution to be appealing.
2. Further, write the name of the document - "a complaint about the invalidation of the decision on bringing to administrative responsibility."
3. In the main part of the document, the applicant must present the essence of his appeal.
4. At the same time, it is desirable to refer to judicial practice, legislative acts that confirm the violation of your rights and impose on you unreasonable duties.
5. Specify more specifics: dates, surnames, posts, etc.
6. If you refer to a document, write about it in the application and submit a copy of the paper along with the application.
7. After explaining the situation, clearly formulate your requirements (request for the abolition of the decision, exemption from responsibility, sending a case for a new consideration, softening the punishment, etc.).
8. At the end of the text, specify the total number of sheets of applications, a list of attached documents.
9. At the bottom of the complaint raises the date and signature of the person who serves it.
10. If the document is executed on behalf of a legal entity, it must be signed by an authorized employee.

6

Judicial appeal

If the higher authority, which was filed with a pre-trial appeal, refused to the applicant, can be prepared for a lawsuit. This can also be done on a ten-day period, but from the moment of receipt of the refusal of the first appeal, and not the resolution itself.

Download from us:

• Form appeal against administrative violation;
• Sample appeal of decisions on administrative violation;
• Petition for the extension of the appeal;
• Sample application for extending the appeal.

After filing the complaint, the applicant remains one instance of this document and the originals of all supporting papers (applications). The second copy of the complaint and copies of evidence papers is under consideration. Remember, if the applicant serves a petition, during the appeal period, the procedure for executing a penalty may be suspended.