Appeal against a decision in an administrative case. Appeal against a decision on an administrative offense. Deadline for lodging an appeal against a ruling

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16.08.2020

Citizens have the right to appeal not only decisions on civil and criminal cases, but also on administrative offenses. Since officials can be held administratively liable government agencies, and courts (both global and regional), it can be difficult to figure out where and to whom to complain about a decision.

In this article, we will tell you how to properly draw up an appeal against a decision in an administrative case, where to send it and what is the procedure for its consideration.

All rulings are subject to judicial review.

The Code of Administrative Offenses of the Russian Federation provides that the right to issue a decision to convict of committing administrative offense belongs to the following entities:

  • officials. For example, the traffic police inspector has the right to issue a decision on an administrative violation at the scene of the offense, which will indicate: the essence of the violation of traffic rules, the article of the Code of Administrative Offenses of the Russian Federation and the punishment in the form of a warning or a fine. A citizen can appeal such a decision to a higher official (the head of the traffic police for the city or region) and then to the court, or immediately to the court (district).
  • collegiate body. For example, by the commission on juvenile affairs - usually for offenses related to improper performance of parental duties (for example, according to 5.35 of the Code of Administrative Offenses of the Russian Federation). The decision of the commission, in case of disagreement with it, must be appealed to the district court.
  • justice of the peace. For example, the jurisdiction of the world court district includes such violations for which it is possible to deprive a driver's license. The decision of the magistrate is appealed only to the district court.
  • district judge. It's about on offenses of public order for which administrative arrest is provided - for example, for drinking alcohol in a public place, petty hooliganism. The decision issued by the district court on such offenses is appealed to the regional (territorial) court, and in cities of federal significance (Moscow, St. Petersburg) - to the city. In addition, the district court considers appeals from citizens about disagreement with the actions of state bodies - the Federal Migration Service, bailiffs, Rosreestr, tax officials, etc. Decisions in such cases are made in accordance with the CAS (Code of Administrative Procedure) and can also be appealed on appeal.

Thus, all decisions, regardless of who issued them, can be appealed to the court, while the following must be taken into account:

  • if this is disagreement with the decision, which was originally issued by an official or collegial body, then a complaint is filed with the court;
  • if you appeal against a decision or decision of a court (world or district), then this will be an appeal, that is, an appeal to the second judicial instance.

An appeal can be filed by the parties - the applicant for administrative claims or an official whose actions are recognized as illegal; the offender who was sentenced by the court, etc.

Deadline for appeal in administrative cases

The law provides for different time limits depending on the essence of the decision with which the complainant does not agree:

  • 30 days from the date of receipt of a copy of the decision on the administrative case on complaints against the actions of officials of state bodies. It is important to understand that this period begins precisely from the day the copy was served, and not from the day the decision was proclaimed. In extremely rare cases, a copy of the full decision is issued to the administrative plaintiff on the day of the meeting, usually the judge needs time (according to the law - up to 5 days) to produce the document in final form. If the applicant saw some inaccuracy in the decision, but at the same time he agrees with the essence of the decision, within 30 days you can use the right to correct this inaccuracy without sending the case for appeal. For example, the decision incorrectly indicates the dates of the actions that were appealed by the applicant - it is possible to file an application addressed to the judge with a request to take additional solution, in which the errors will already be fixed. The same can be done to eliminate ambiguities - if the decision is not clear to the party for some reason, you can apply to the judge. After that, a decision will be made on the clarification of doubts and ambiguities.
  • 15 days in similar administrative cases considered in a simplified manner - in cases where there is an application for consideration of the application without calling the parties, only by examining the documents. If the other party does not submit objections to such an order, the court simply makes a decision and sends it to the parties, while the time limit for filing an appeal in such an administrative case is reduced by half (15 days).
  • 10 days on decisions on an administrative offense and sentencing in accordance with the Code of Administrative Offenses of the Russian Federation. The period during which a complaint can be filed is significantly shorter than in the previous situations indicated. This is due to the fact that court decisions within the framework of the Code of Administrative Offenses are often associated with the imposition of administrative punishment on citizens in the form of arrest, and if the offender does not agree with him, then his arguments should be considered by a higher court as soon as possible in order to prevent illegal imprisonment. For the same reasons, the law provides for the immediate sending of such materials to the appellate instance - right on the day the complaint is received.
  • 5 days on decisions related to an offense in the field of electoral rights of citizens - for example, when there is a prosecution under Art. 5.46 of the Code of Administrative Offenses of the Russian Federation for forging signatures of voters.

In all of the above cases, at the request of the applicant, the term can be restored, as is done under criminal or civil affairs. For example, a serious illness, a long absence from the city, or other objective reasons for the inability to file a complaint may become a valid reason for missing the deadline. In some cases, the reason for the omission may be the late receipt of a copy of the court order:

To the Krasnoarmeisky District Court of Saratov

Petrov Vasily Andreevich,
living in Saratov, st. Volzhskaya,
10, apt. 50, tel. 8899499484984

PETITION
on the restoration of the missed period of appeal

By the decision of the justice of the peace of judicial district No. 1 of the Krasnoarmeysky district of Saratov dated 06/28/2020, I was found guilty of an administrative offense under Part 1 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, with a sentence of 1 year 6 months deprivation of the right to drive a vehicle.

I have not received a copy of the above decision to this day, according to my application, it was handed to me today, as evidenced by the mark and my signature on receipt.

Based on the above, guided by art. 30.3 of the Code of Administrative Offenses of the Russian Federation,

To restore the time limit for appealing against the resolution of the MSSU No. 1 of the Krasnoarmeysky district of Saratov dated 06/28/2020.

Calculate the period from 07/30/2020 - that is, from the next day after the actual delivery of a copy to me.

Petrov V.A., 29.07.2020

The petition can be written separately (as in our example), and also reflected in the complaint itself. The issue of restoring the term in cases of administrative offenses can be considered by a higher court, in cases of challenging the actions of officials and state bodies in the CAS procedure - by the first instance.

In the event that the petition is denied, the court issues a ruling on this (for example, if the reasons for missing the deadline are not recognized as valid). The legislation does not directly regulate the question of whether such a ruling can be appealed, but the Supreme Court of the Russian Federation gave clarifications on this matter: an appeal is possible according to the general rules (paragraph 31 of the Decree of the Plenum Supreme Court RF dated March 24, 2005 No. 5 with subsequent amendments).

How to write an appeal

Like any appeal, the complaint must contain:

  • the name of the court to which it is addressed. Recall that when appealing against decisions of the world court, the district court must be indicated as the recipient, and in case of disagreement with the decisions of the district court, the regional court.
  • you must specify your data, address of residence and phone number, you can also reflect the email address. If the decision affects someone's rights, you can indicate the person concerned (for example, if the decision to recognize the actions of the Federal Tax Service as legal is being appealed, this department must be indicated);
  • in the text, briefly and clearly indicate what decision was made and why you do not agree with it;
  • desire to participate in the proceedings in the second instance or, if allowed, indicate the possibility of considering the problem without your participation, for example: “…. I ask you to consider my complaint in my absence.” If the court comes to the conclusion that it is possible to resolve the situation without your presence, in a simplified manner, then other persons will not be called either.
  • a request for what the court of second instance should do - cancel the previous decision, terminate the proceedings, change the decision.
  • if there are additional materials that support your position in one way or another, copies of them should be attached. If you refer only to the evidence that already exists in the administrative case, there is no need to attach them again.
  • do not forget to put the number and signature. An appeal in a case of an administrative offense can be drawn up and signed by a representative, then you will need to attach a copy of the power of attorney to him.

Use our sample administrative appeal forms:

To the Komsomolsky District Court of Angarsk

Pivovarova Anna Mikhailovna
living in Angarsk, st. Winter, 10
tel. 891172727720

APPEALS
On the decision of the magistrate of the court district No. 3
Komsomolsky district of Angarsk from 06/26/2020

By the decision of the justice of the peace of the court district No. 3 of the Komsomolsky district of Angarsk dated 06/28/2020, an administrative offense case was considered, as a result of which I was found guilty of an offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, an arrest of 7 days was appointed.

Within the meaning of Art. 26.2 of the Code of Administrative Offenses of the Russian Federation, evidence is actual data, on the basis of which the presence or absence of an event of an administrative offense is established, as well as the guilt of a person.

The magistrate indicated in her decision that the evidence presented was a protocol on an administrative offense, the explanations of eyewitnesses indicate my guilt in leaving the scene of an accident, in which I was a participant, that is, in committing an offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation.

The court found that Pivovarova A.M., that is, I, driving a technically sound car Lada Granta, g / n 367 RPN, collided with a car Lada Vesta, g / n 545 APN, driven by Kurakina E.N. 06/24/3028, after which I fled the scene of an accident.

The court did not take into account the fact that the damages on E.N. Kurakin’s car were insignificant and almost invisible, and I didn’t notice the collision at all, I was moving exactly in my lane.

In accordance with the requirements of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. Irremovable doubts about the guilt of a person held administratively liable shall be interpreted in favor of this person.

In my opinion, the court violated the provisions of the above norm on the presumption of innocence. In addition, in accordance with Art. 30.7 of the Code of Administrative Offenses of the Russian Federation, the proceedings in the case of an administrative offense are terminated if there is at least one of the circumstances excluding the proceedings, provided for in Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, including on the basis of the absence of an offense.

Based on the above, guided by art. 30.1 of the Code of Administrative Offenses of the Russian Federation,

The decision of the justice of the peace of the judicial district No. 3 of the Komsomolsky district of the city of Angarsk dated 06/28/2020 is canceled. Terminate proceedings in the case of an administrative offense for hours. 2 Article. 12.27 of the Code of Administrative Offenses of the Russian Federation for lack of composition.

Pivovarova A.M., number, signature.

The above example concerns cases when the magistrate makes a decision on bringing to administrative responsibility. In practice, there are other situations: for example, when a decision on an administrative offense is issued by an official, but the citizen does not agree and appeals against it to the district court. If the court recognizes the decision as lawful, the citizen has a chance to get the decision canceled by appeal.

For example, you were attracted under part 1 of article 12.29 of the Code of Administrative Offenses of the Russian Federation for crossing the road in the wrong place, and a fine of 500 rubles was imposed. You do not agree with the fine and appealed it to the district court, which did not take your arguments into account. Making an appeal:

To the Kirov Regional Court

Plotnikov Valery Semyonovich,
Born in 1966, living in Kirov,
st. Vokzalnaya, d.50

Appeal

By the decision of the Rechny District Court of the city of Kirov dated 07/04/2020, my complaint against the decision of the inspector of the OBDPS traffic police for the Kirov region on an administrative offense under part 1 of article 12.29 of the Code of Administrative Offenses of the Russian Federation and the imposition of a fine of 500 rubles was rejected as unfounded.

I do not agree with the decision of the court and ask it to be canceled on the following grounds.

On June 23, 2020, I was crossing the road at the intersection of Malysheva and Mosfilmovskaya streets, I was noticed by the inspector of the OBDPS traffic police Luganov A.P., who recorded the offense I had committed under part 1 of article 12.29 of the Code of Administrative Offenses of the Russian Federation. At the same time, I explained that on that day I felt unwell and hurried to the hospital at 9 Mosfilmovskaya St., as evidenced by an extract from the medical history and an appointment with a neurologist dated 06/23/2020.

I do not deny my guilt, but I believe that, taking into account the provisions of paragraph 1 of part 1 of article 4.2 of the Code of Administrative Offenses of the Russian Federation (repentance and full admission of guilt), as well as taking into account part 2 of article 4.2 of the Code of Administrative Offenses of the Russian Federation, according to which mitigating can be other circumstances are recognized (in my case, the state of health), I may be punished in the form of a warning.

The district court did not take my arguments into account. In addition, the consideration of my complaint took place in my absence, while I was not notified of the date of the court session.

Based on the foregoing, guided by part 1 of article 30.9 of the Code of Administrative Offenses of the Russian Federation,

Decision of the Rechny District Court of the city of Kirov dated 07/04/2020 on leaving the complaint of Plotnikov V.S. against the decision of the inspector of the OBDPS traffic police for the Kirov region on an administrative offense under Part 1 of Article 12.29 of the Code of Administrative Offenses of the Russian Federation dated 06/23/2020, cancel as illegal and unreasonable.

Send material about an administrative offense against Plotnikova The.C. for a new trial in the same court in a different composition.

Plotnikov V.S., number, signature

Note that due to the duration of passing all instances by the time the case is considered by the appeal, the statute of limitations for bringing to administrative responsibility (as a general rule, 2 months) may expire. This circumstance does not prevent the case from being returned for a new trial if the higher court comes to the conclusion to cancel the decision.

The position of the Supreme Court of the Russian Federation is such that even after the expiration of the period of attraction, the court must decide on the guilt of the offender.

Thus, if the appeal is found to be justified, the proceedings may be terminated due to limitation, but at the same time indicate in the ruling on innocence. Or, as an option, a higher court can cancel the decision, sending it for a new trial - then the court of the previous instance will independently establish the presence or absence of guilt, but still dismiss the case.

Considering complaints against the actions of state bodies, the courts make decisions in accordance with the Code of Administrative Procedure, which can also be appealed by way of appeal. Another sample of an appeal that may be needed when appealing a court decision in an administrative case:

To the Bryansk Regional Court

Administrative Plaintiff:
Ryabinin Alexander Andreevich,
living in Bryansk, st. Adamova, 2

Administrative respondent:
Bailiff
interdistrict department of the UFSSP of Russia
in the Bryansk region Dmitriev K.A.

Interested party:
Petrov A.K., living in Bryansk,
st. Lesnaya, 34, apt. 9

APPEALS
against the decision of the Fokinsky District Court dated 07/05/2020
about leaving the administrative statement of claim Ryabinina A.A. without satisfaction

By the decision of the bailiff-executor MO UFSSP of Russia for the Bryansk region Dmitriev K.A. On March 30, 2020, enforcement proceedings were initiated against the debtor Petrov A.K., the recoverer of the amount of 300,000 rubles is me, Ryabinin A.A. From that date to the present bailiff Dmitriev K.A. no action was taken to recover the debt from Petrov A.K. Thus, in violation of Art. 80 of the Federal Law "On Enforcement Proceedings", my statement on the seizure of the debtor's property and subsequent forced sale was ignored. In addition, the place of work of Petrov A.K. has not yet been established.

In this regard, I sent an administrative claim to the Fokinsky District Court of Bryansk to recognize the inaction as illegal and oblige the bailiff to take all necessary actions in accordance with the requirements of the Federal Law “On Enforcement Proceedings”.

By the decision of the Fokinsky District Court of 07/05/2020, my arguments were ignored, and my claim was denied.

I believe that the opinion of the court does not meet the requirements of legality and validity, since the factual circumstances established in the court session were not taken into account. So, I have submitted a copy of the application addressed to the bailiff on the need to perform actions to seize the debtor's property dated 06/06/2020. In accordance with part 2 of Art. 80 of the Federal Law "On Enforcement Proceedings", the bailiff is obliged no later than the next day to decide on the satisfaction of the claimant's application or on the refusal to satisfy it. In violation of this rule of law, bailiff Dmitriev K.A. did not take any decision and did not communicate it to me as the applicant.

Since the indicated facts were not taken into account by the court when making the decision of 07/05/2020, there are grounds provided for in clauses 1 and 3 of part 2 of Art. 310 CAS RF - cancellation on the grounds:

  • incorrect determination of the circumstances relevant to the case;
  • inconsistency of the conclusions of the court with the circumstances of the case, established in the court session.

Based on the above, guided by Article.Article. 295-310 CAS RF,

the decision of the Fokinsky District Court dated 07/05/2020 to leave the administrative statement of claim Ryabinina A.A. cancel without satisfaction as illegal, send the case materials to the Fokinsky District Court for a new consideration in a different composition.

Number, signature, Ryabinin A.A.

Before filing an appeal in an administrative case, you need to carefully check everything that is indicated in the text: whether your complaint is correctly addressed, whether your contacts are available, whether the state fee has been paid. Unlike cases of administrative offenses (there is no state duty), complaints against court decisions regarding the legality or illegality of public services and bodies are accepted for consideration in the CAS procedure. when paying a state duty of 150 rubles(half of the amount due at the time of filing the initial administrative claim).

Appeal consideration

After you have submitted your appeal to the court (the one that issued the appealed decision), the procedure for appointing the case for hearing begins: copies of the complaint are sent to the other party and interested parties, they have the right to file objections.

For example, to appeal against a court decision related to an administrative offense in the field of traffic, a representative of the traffic police, on whose initiative the offender was found guilty, may file an objection. In cases of challenging the actions of officials - a bailiff and a debtor, as in our previous example. Objections may also be filed by the victim, if there is one in the case.

In the process of preparation, the judge also decides other issues of an organizational nature:

  • whether there are grounds for sending the case to another court according to jurisdiction - for example, when appealing against the decision of the justice of the peace of one district, the complaint materials are sent to the district court of another district;
  • on requesting additional materials related to the case for examinations, summoning other persons whose interview is necessary for an objective consideration;
  • whether there are grounds for refusing to accept the complaint due to the missed appeal period and in the absence of a petition for its restoration.

With all necessary materials the court sends the case to a higher authority within three days (in cases where administrative arrest is applied - within 1 day). In cases of contesting the actions of state bodies, the materials are sent to the regional (territorial) court after the expiration of the appeal period (that is, after 1 month from the date of the decision).

There are different deadlines for consideration of appeals for administrative matters:

  • on cases of contesting the actions of officials of state bodies (in the order of CAS) - 2 months from the date of receipt of the complaint in the regional court. There are exceptions to this general rule - for example, in cases of violation of electoral rights, complaints are considered no later than the day following the date the materials are received by the office of the regional court; in cases of deportation of a foreign citizen - within five days; based on materials on forced hospitalization in a psychiatric hospital - within one month.
  • on cases of appealing decisions of a lower court related to holding persons liable under the Code of Administrative Offenses of the Russian Federation - 1 month from the date of receipt of the case for appeal (exceptions are administrative offenses related to electoral legislation);
  • on complaints of administrative arrest or expulsion - within 1 day;
  • in cases where a decision was made to suspend activities - within 5 days.

The procedure for considering an appeal is basically not much different from civil or criminal proceedings.

On the day of the hearing, all persons who are related to the case are notified by subpoenas, and on the day of the court session their presence is checked. The absence of any of those called does not prevent the consideration of the complaint, if there is evidence of their proper notification. Most often, the parties send a written statement to the court with a request to consider the complaint in their absence, send the decision by mail.

Directly at the hearing by the court:

  • the powers of the persons who appeared are checked (for example, if a representative is participating by proxy, it is examined for compliance with the legal requirements for drawing up, whether there is participation in the appeal instances in the list of rights, whether its term has expired);
  • participants are explained their rights and obligations - they are standard for legal proceedings in general - to comply with the rules, to answer the questions of the presiding officer while standing, to ask questions with the permission of the court, to file motions and challenges, etc.;
  • it is announced what complaint and what decision (decree) was received, its essence;
  • the content of the objections filed by the other party is brought to the attention of the participants;
  • petitions from participants are allowed (on the attachment of additional evidence, documents, on the interrogation of additional witnesses, on the reclamation of data from state bodies or the appointment of examinations);
  • the explanations of the parties are heard, the materials of the case are examined.

See the video below for more details on how to file an appeal:

You should know that in administrative cases the court is not bound only by the scope of the complaint and examines the case for legality as a whole. After the meeting, the judge retires to the deliberation room, where he makes one of the following decisions:

  1. About leaving the decision of the lower instance unchanged (when conclusions are made about its legality, validity and the arguments of the appellant are not confirmed).
  2. On changing the decision on an administrative offense, but only if the situation of the person does not worsen. In other words, the court has the right to change the type of punishment to a less severe one, but does not have the right to increase it: if the arrest for 5 days is appointed by the first instance, the appeal does not have the right to change the punishment and appoint 10 days.
  3. On the annulment of the decision and the termination of proceedings - for example, if there is evidence of insignificance in accordance with Art. 2.9 of the Code of Administrative Offenses of the Russian Federation.
  4. If the refusal of the appeal is received - on the termination of the appeal proceedings. In administrative cases on challenging the actions of state bodies, termination is possible upon receipt of a waiver of an administrative claim, recognition of the claim by the defendant, as well as upon amicable agreement.
  5. On leaving the complaint without consideration - for example, when the complaint is filed by a person who does not have the right to do so.
  6. On the cancellation of the contested decision and referral for a new trial - in cases where the court of second instance cannot adopt one of the above decisions (for example, when it is necessary to increase the punishment or establish circumstances).

As a general rule, a copy of the decision is handed over to persons within 3 days from the date of announcement, and can later be appealed in cassation.

from 31/12/2018

Cancellation of decisions already made following the results of consideration of an administrative case is possible by applying the procedure - appeal in administrative cases.

The execution of the court decision begins after its entry into force. Since administrative cases are related to the violation of rights due to the exercise of power (evidence of such a fact is one of the conditions for the judge to accept it for proceedings), in most cases it is necessary to petition for the immediate execution of the court decision. For example, it is important to make them illegal as soon as possible. Therefore, the Code of Administrative Procedure in some cases has established a reduced time limit for appeal.

Appeals in administrative cases

Effective after 1 month (as a rule), or after 15 days at. Therefore, the appeal is filed before the expiration of the specified time from the date of receipt of the court decision in the final part (not after the announcement in the court session, but in writing). Exceptions: an administrative claim challenging the law of the region on the dissolution of a representative body, a legal act on self-dissolution, legal acts on the exercise of electoral rights by citizens of the Russian Federation, on the placement of a foreigner in a special institution, hospitalization in a psychiatric hospital, etc. (Article 298 of the CAS RF). If the period for appeal has expired, a petition for the restoration of the period is submitted along with the complaint (or a request is made in the text of the complaint), otherwise the appeal will be returned.

Persons who participated in the case and their representatives, as well as all those who, although they did not participate in the case, but whose rights are affected by the court decision, have the right to file an appeal.

An appeal is submitted in writing to the court that issued the decision on the case in the first instance (you can also file it immediately with the appeal instance, but the consideration of the case will then take longer). Jurisdiction is determined quite simply: it is a higher court. If the administrative claim was considered by the district court, then the complaint is addressed to the court of the constituent entity of the Russian Federation. If by the court of a constituent entity of the Russian Federation, then to the Judicial Collegium for Administrative Cases of the Armed Forces of the Russian Federation, and if immediately to the Supreme Court of the Russian Federation - to the Appellate Collegium of the Armed Forces of the Russian Federation.

The appeal, in addition to the addressee, the full names of the parties, must contain an indication of the decision that is being appealed, the grounds for its cancellation and the requirement to change or cancel the decision, annexes. Filing an appeal entails minor in the form of mandatory payment of state duty in the amount of 150 rubles. for citizens and 3000 rubles. - for organizations.

What arguments and requirements to bring in the appeal? The grounds for the annulment of the court decision are established by Art. 310 of the CAS RF, when preparing a complaint, the article should be studied and one of the grounds selected. The requirement in the complaint must be formulated in one of the following ways: cancel the court decision, change it in whole or in part, or make a new decision, send it for a new consideration.

The appeal, if accepted by the court for proceedings, will be considered in accordance with all the rules, with notification of the persons participating in the case. The trial will be collegiate and conducted by the presiding judge. New evidence is accepted by the court only upon confirmation of the fact of the objective impossibility of providing it to the court of first instance.

Cassation appeal in an administrative case

Court decisions that have already entered into force and have passed the stage of appeal are subject to cassation appeal. To initiate this process, a cassation appeal is sent to the court of cassation before the expiration of 6 months after the entry into force of the decision of the court of first instance. If the deadline is missed either in the complaint or in a separate petition, the applicant must make a request to restore the deadline missed for good reasons.

A cassation appeal may be filed by one of the parties to the administrative case, other persons (if the decision affects and violates their rights), the prosecutor (if a representative of this body participated in the case).

The applicant goes directly to the court of cassation. Since, according to the rules, most administrative cases are considered by district courts, a cassation appeal is usually filed with the presidium of the court of a constituent entity of the Russian Federation. If, during the course of an appeal, the court leaves the appeal unsatisfied, but at the same time gives new motives to substantiate the appealed decision, and the applicant does not agree with them, the cassation appeal is filed with the Judicial Collegium for Administrative Cases of the Armed Forces of the Russian Federation.

The content of the appeal is identical to that of the appeal. However, in preparing Special attention should be given to proving a significant violation by the courts considering the administrative case of the norms of substantive or procedural law. The complaint must be accompanied by court-certified copies of judicial acts adopted in the case (they can be obtained from the office of the court that issued the relevant act). The fee is calculated in the same way as when filing an appeal.

Based on the results of consideration of the complaint, the question is first accepted - whether to transfer it to the court or to refuse such a transfer. The complaint is considered at the court session with notification of the persons participating in the case by the collegiate composition of the court. The decision is made by a majority vote of the judges. The result will be announced on the day of the meeting.

Appeal in the order of supervision in an administrative case

In case of unsatisfactory result of the appeal and cassation appeal judgment, the final way to reverse an earlier decision would be a supervisory review.

A supervisory appeal is filed directly with the Presidium of the Supreme Court of the Russian Federation by persons participating in the case or by those whose rights have been violated as a result of the adoption of the contested court act. You can file a complaint within 3 months from the date of the last judicial act on the case (cassation ruling).

In addition to the general requirements for the content of the supervisory appeal, such as the name of the court, the parties, the details of all judicial acts issued in the case, one of the grounds for canceling such acts (or all at once) is indicated. This is a violation of human and civil rights, which are enshrined in the Constitution of the Russian Federation, international norms and treaties, a violation of public interests or the rights of an indefinite circle of persons, as well as a violation of the uniformity of interpretation and application of legal norms. Moreover, in the latter case, it is necessary to give examples of specific court decisions and decisions of higher judicial bodies. The state duty is determined in accordance with the requirements of the Tax Code of the Russian Federation.

If the parties do not agree with the results of the court on the consideration of an administrative case, the legislation of the Russian Federation provides for a procedure for appealing a court decision. How is the cancellation of acts of the regional, world, city, arbitration and regional court.

Procedure for appealing a court decision in an administrative case

If the judge in an administrative case has made a decision, it can be canceled through a special procedure - an appeal. The right of every citizen of the Russian Federation to appeal against a decision of a district court in an administrative case is established by the Code of Administrative Offenses. 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 interests legal entity in the case of administrative responsibility;
  • a representative of one of the parties;
  • defendant's lawyer;
  • authorized under the President of the Russian Federation for the protection of the rights of entrepreneurs.

Note that if a citizen of the Russian Federation is incapacitated, his interests must be represented by a legal representative. If the ruling does not satisfy one of the parties, it may be appealed by the guardian.

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

Appeal against the decision of the regional court 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, it is possible to cancel both the act that has not yet begun to be implemented, and the one that has already entered into force. But only on the condition that it was accepted biased, 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 in the right way and in accordance with the requirements of the legislation of the Russian Federation;
  • a copy of the protocol. Experienced lawyers recommend carefully checking this document so that the information from the original exactly matches the copies;
  • a copy of the decision issued by the court, if the results were announced on the spot.

Appeal against the decision of the world court in an administrative case

This procedure is provided for by the legislation of the Russian Federation and acts as an effective tool when trying to protect the rights and interests of one of the parties in litigation. In addition, this rule 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 objectivity of the judge, seek a review of the case.

The main reasons why a person is entitled to file a protest are as follows:

  • violation of legal proceedings, which is established by law;
  • violation of the current laws of the Russian Federation.

Practice shows that sometimes justices of the peace issue fines, despite the fact that the statute of limitations for applying such a measure has already expired. Here is one of the specific examples of situations where it is quite realistic to achieve the annulment of the decision of the world court.

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

Appeal against the decision of the city court in an administrative case

The decision of the city judge can actually be canceled in a higher authority. This procedure is carried out in the cassation procedure or in the court of the supervisory instance. Complaints must be filed with the county or county court. But you need to draw up a document in the right way so that it is accepted for consideration.

The filed claim contains the following information:

  • the name of the authority to which the complaint is to be filed;
  • information about the originator of the claim, as well as other participants in the process;
  • information about the decision made;
  • reasons for canceling the outcome of the proceedings.

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

Appeal against the decision of the arbitration court in an administrative case


There are different ways to get a decision cancelled. Namely in:

  • Appeal procedure. It is the first step in filing a claim, which sends the proceedings for review. The deadline for submitting a complaint to the court of first instance is 30 days. The countdown starts from the moment the decision is made. For legal proceedings, which are implemented in a simplified way, that period is reduced to 1 day.
  • Cassation order. Thus, those rulings of the arbitration court that were considered up to that moment in the court of appeal are contested. You can also use this right if the appellate judge denied the person the restoration of the past time limit for filing a claim. Appellate decisions are also canceled on cassation. The deadline for this is 60 days from the date of adoption of the act, for which you need to have time to file a claim with the court of first instance.
  • supervisory order. It is the last method of reviewing the decision of the arbitration court. Thus, any act, including both appeal and cassation, is subject to cancellation. The main thing is to fit into the deadline for filing a complaint - 90 days from the date of the last decision of the judge. The originator of the claim must send it to the highest judicial body.

Each of the described methods of achieving the desired has its own time period for submitting a claim, the specifics of submitting it to the relevant authority and studying it. This fact is important to take into account in the process of drafting the document.

Appealing the decision of the regional court in an administrative case

The decision of the regional judge can also be challenged, for which you will need to apply to the cassation instance 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 the cassation proceedings should 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.

The cassation appeal is drawn up in accordance with the current norms and laws. It contains comprehensive information about the case being considered. You will need to provide links to legislative norms that determine the existing violation committed during the adoption of the court decision. Thus, you can increase your chances of a positive outcome of the case.

The procedure for appealing judicial acts in administrative cases

(Extract from the Code Russian Federation about administrative offenses)

Article 30.2. The procedure for filing a complaint against a decision in a case on an administrative offense

1. A complaint against a decision in a case on an administrative offense shall be filed with the judge, body, official who issued the decision on the case and who are obliged, within three days from the date of receipt of the complaint, to send it with all the materials of the case to the appropriate court, a higher body, a higher official face.

2. A complaint against a judge's decision to impose an administrative penalty in the form of administrative arrest or administrative expulsion shall be sent to a higher court on the day the complaint is received.

(as amended by Federal Law No. 126-FZ of October 25, 2004)

3. A complaint may be filed directly with a court, a higher body, or a higher official authorized to consider it.

4. If the consideration of the complaint does not fall within the competence of the judge, official who appealed against the decision in the case of an administrative offense, the complaint shall be sent for consideration according to jurisdiction within three days.

5. An appeal against a decision in a case concerning an administrative offense shall not be subject to state duty.

6. A complaint against a decision of a judge on the imposition of an administrative penalty in the form of an administrative suspension of activities shall be sent to a higher court on the day the complaint is received.

(Part six was introduced by Federal Law No. 45-FZ of May 9, 2005)

Article 30.3. Time limit for appealing against a decision in a case concerning an administrative offense

1. An appeal against a decision in a case concerning an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.

2. In the event of missing the deadline provided for by paragraph 1 of this article, the said deadline, at the request of the person filing the complaint, may be restored by the judge or official authorized to consider the complaint.

3. Complaints against decisions on cases of administrative offenses provided for in Articles 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58 of this Code may be filed within five days from the date of delivery or receipt of copies of the decisions.

(Part three was introduced by Federal Law No. 94-FZ of 04.07.2003, as amended by Federal Laws No. 93-FZ of 21.07.2005, No. 263-FZ of 04.10.2010)

4. A ruling shall be issued on the rejection of a petition for the restoration of the term for appealing against a decision in a case concerning an administrative offense.

Article 30.1. The right to appeal against a decision in a case on an administrative offense

1. The decision on the case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5 of this Code:

1) issued by a judge - to a higher court;

2) issued by a collegial body or bailiff - to the district court at the location of the collegiate body or bailiff;

(Clause 2 as amended by Federal Law No. 225-FZ of October 2, 2007)

3) issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;

4) issued by another body established in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.

1.1. A decision on a case on an administrative offense issued by a judge may also be appealed to a higher court by the official who drew up the protocol on the administrative offense.

(Part 1.1 was introduced by Federal Law No. 171-FZ of July 23, 2010)

2. If a complaint against a decision in a case concerning an administrative offense has been filed with a court and a higher authority, a higher official, the complaint shall be considered by the court.

Based on the results of consideration of the complaint, a decision is made.

3. The decision on the case of an administrative offense committed by a legal entity or a person exercising entrepreneurial activity without formation of a legal entity, is appealed to the arbitration court in accordance with the arbitration procedural legislation.

4. The ruling on the refusal to initiate a case on an administrative offense is appealed in accordance with the rules established by this Chapter.

Article 30.9. Reconsideration of a decision made on a complaint against a decision in a case on an administrative offense

1. A decision on a case on an administrative offense issued by an official and (or) a decision of a higher official on a complaint against this decision may be appealed to the court at the place of consideration of the complaint, and then to a higher court.

2. A decision in a case concerning an administrative offense issued by a collegiate body, a body created in accordance with the law of a constituent entity of the Russian Federation, and (or) a judge's decision on a complaint against this decision may be appealed to a higher court.

3. Submission of subsequent complaints against a decision in a case on an administrative offense and (or) decisions on a complaint against this decision, their consideration and resolution shall be carried out in the manner and within the time limits established by Articles 30.2 - 30.8 of this Code.

4. Copies of decisions are sent to the persons specified in Article 30.8 of this Code within three days from the date of the decision.

5. A court decision on a complaint against a decision made by an official in a case on an administrative offense may be appealed against, in addition to the persons specified in Part 1 of Article 30.1 of this Code, by the official who issued such a decision.

(Part five was introduced by Federal Law No. 160-FZ of July 17, 2009)

Article 30.12. The right to appeal, protest in the order of supervision of the decision on the case of an administrative offense, decisions based on the results of consideration of complaints, protests

1. A ruling on a case on an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests may be appealed in the supervisory procedure by the persons specified in Articles 25.1 - 25.5 of this Code.

2. A ruling on a case on an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests may be protested in the procedure of supervision by the prosecutor.

3. The right to bring a protest in the exercise of supervision belongs to the prosecutors of the constituent entities of the Russian Federation and their deputies, Attorney General of the Russian Federation and his deputies, and in relation to military personnel and citizens called up for military training, to the prosecutors of military districts, fleets and prosecutors equivalent to them, the Chief Military Prosecutor and their deputies.

Article 30.13. Courts considering in the order of supervision complaints, protests against a decision in a case on an administrative offense, decisions based on the results of consideration of complaints, protests

1. Complaints are filed, protests are brought in the order of supervision to the supreme courts of the republics, regional and regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous regions, Supreme Court of the Russian Federation.

2. A ruling on a case of an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests, shall be entitled to be reviewed by the chairmen of the supreme courts of the republics, territorial, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts or their deputies, the Chairman of the Supreme Court of the Russian Federation or his deputies, or on behalf of the Chairman of the Supreme Court of the Russian Federation or his deputies, a judge of the Supreme Court of the Russian Federation.

(As amended by Federal Law No. 381-FZ of December 23, 2010)

3. The Supreme Court of the Russian Federation considers, by way of supervisory procedure, complaints, protests against a decision of a judge that has entered into legal force in a case concerning an administrative offence, decisions based on the results of consideration of complaints, protests against the said decision. The said resolution and decisions are considered by the Supreme Court of the Russian Federation if they were considered in the exercise of supervision by the chairmen of the respective supreme courts of the republics, territorial, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts or their deputies.

4. Decisions on a case of an administrative offense that have entered into legal force, decisions based on the results of consideration of complaints, protests (representations) are reviewed in the exercise of supervision by the Supreme Arbitration Court of the Russian Federation in accordance with arbitration procedural legislation.

5. Decisions of a judge of a garrison military court in a case of an administrative offense that have entered into force, decisions based on the results of consideration of complaints, protests, are reviewed in the exercise of supervision by the district (naval) military courts and the Military Collegium of the Supreme Court of the Russian Federation in accordance with the legislation on military courts.

Article 30.14. Filing a complaint, bringing a protest in the order of supervision

1. A complaint is filed under the supervisory procedure, a protest is brought directly to the court of the supervisory instance.

2. A complaint, a protest against a ruling on a case on an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests must contain:

1) the name of the court to which the complaint is filed, the protest is brought;

2) information about the person who filed the complaint, the prosecutor who brought the protest;

3) information about other participants in the proceedings on the case of an administrative offence;

4) an indication of the decision on the case of an administrative offense, the decision based on the results of consideration of complaints, protests;

5) the arguments of the person who filed the complaint, the prosecutor who brought the protest, indicating the grounds for reviewing, in the manner of supervision, the decision on the case of an administrative offense, decisions based on the results of consideration of complaints, protests;

6) a list of materials attached to the complaint, protest;

7) the signature of the person who filed the complaint, the prosecutor who brought the protest.

3. The complaint, protest must be accompanied by:

1) a copy of the decision on the case of an administrative offense;

2) copies of decisions based on the results of consideration of complaints, protests, if such decisions have been made;

3) a copy of the document, which certifies the powers of the legal representative of a natural or legal person, a copy of the power of attorney or an order issued by the relevant legal education, which certifies the powers of the defense counsel, representative, if the complaint is signed by these persons;

4) a copy of the complaint, protest, the number of which corresponds to the number of other participants in the proceedings on the administrative offense case, specified in Articles 25.1 - 25.4, 25.11 of this Code.

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

If a citizen has the slightest doubt that he has been illegally held accountable, or procedural measures that go beyond what is permitted have been applied, then it is necessary to use the means of protection and appeal.

It is also not uncommon to impose 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 against a decision (decree) 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 decision was sent by mail, then from the date of receipt at the place of residence of the citizen, which is stamped with a receipt stamp in the mail. An exception to this period is the appeal of offenses that infringe on the rights of citizens arising from Chapter 5 of the Code of Administrative Offenses. In this case, the deadline for appeal is 15 days.

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

The procedure for appealing a decision on a case by a citizen

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

If the complaint is sent by you through the body that made the decision, then an 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 jurisdictions.

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

A citizen is exempted from paying the state duty for filing a complaint by the state.

Final decision on a citizen's complaint against a decision in a case

Following an appeal, several decisions can be made:

  • A positive decision for a citizen, in which the decision to impose a punishment is annulled, as a result of clarifying the circumstances of its illegality
  • Negative decision, when the decision remains unchanged and revised
  • Issuance of a decision to review and amend an earlier decision, while the offender's fault in this case is not tightened, but revised in his favor, for example, changing the amount of the fine to a smaller one within the framework of the offense
  • Issuance of a decision by a higher authority, during which the decision is subject to cancellation, and the proceedings are resumed again, if gross errors in its conduct are detected, for example, a decision is made by an unauthorized person

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