Complaint against the illegal actions of traffic police officers. Where to feed and how to make a sample complaint against actions or the inaction of the traffic police officer? When should you go to the prosecutor's office? Complaint of the management of the securities of the traffic police

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Samples of complaints to the actions of the traffic police officer

ATTENTION! See the filled sample complaint about the traffic police officer for not an adjusted belt:

Download samples of complaints about the actions of the traffic police officers can be referred to below:

Complaint Rules

In the Civil Procedure Code of the Russian Federation, the regulations for the appeal of citizens with complaints are regulated. It can be found in it with a detailed description of the application process and applying.

If the subject of complaints with the prosecutor's office is the action or inaction of traffic police workers, the incident must be described sequentially and in detail, with the mention of all the details. The circumstances under which the citizen's violations were carried out competently, without errors and confusion.

A complaint against the traffic police inspector to the prosecutor's office or another state authority should include the requirements put forward by the driver. A clear sample for writing a statement of such a type is absent, so it is recommended to follow the rules applicable to claims.

Official claim B. obligatory Must contain such information:

• surname, first name and patronymic of the applicant;
• address of accommodation and address of registration (if they differ);
• phone number.

After specifying the necessary information, the driver whose rights were infringed, should indicate all possible information About the traffic police officer.

If possible, the following data indicate:

• surname, first name and patronymic of a traffic police officer who abused with his authority;
• position and place of work;
• address of accommodation (if possible);
• the root number;
• the data contained in the employee certificate;
• if the traffic police officer had a car, its numbers (state and registration on-board) are indicated;
• all contact information that allows you to contact the violator of the law.

After that, you need to sign, decrypt it, specify the date of the application.

It is important to take into account that more information will allow short time To punish the traffic police officer for illegal actions.

When making a complaint against an employee of the traffic police, after specifying the data, it is necessary to write the word "complaint", which must be placed in the middle of the sheet. Next, you will need to write your vision of the controversial situation, specify the actions of the traffic police officer in detail, without losing any details.

It is not necessary, but it is desirable to provide documents that are irrefutable evidence of the guilt of the DPS employee. Otherwise, all the charges will look like a conclusion and desire to specify the State Auto Inspector.

The following evidence may be provided:

• testimony of witnesses;
• records from the DVR;
• the conclusion of physicians and experts.

When drawing up the main part of the application, it is necessary to take into account the following recommendations:

Remember! In no case should there be any insults to the defendant. The complaint of this kind will not be considered. In addition, you can get a counterclaim for slander. As a result, the prosecutor will be guilty, and not the accused.

Do not ignore your hands if there is no possibility to provide evidence in the case. In court, you can submit a petition for the search for evidence on this case. In the petition, it will be necessary to indicate not only the importance and necessity of evidence, but also on the inability to provide them on their own.

People who can confirm the guilt of the DPS officer are recommended to be used as witnesses in the case. When considering a complaint with the court, the applicant has the right to indicate which facts can serve as evidence, and what circumstances can confirm the witnesses.

Complaint Tips

When making an automotive console on the illegal action of traffic police, such practical recommendations should be taken into account:

• writing the main part of the claim in formal-business style;
• lack of integral expressions in the text;
• send document at the address only in print form;
• the absence of any insults to the DPS employee;
• specify the names of institutions where proofs may be requested (if there is no possibility to provide them with himself);
• the accompanying documents are listed in accordance with the sequence numbers.

Important! When applying for a statement, you need to pay state duty. Receipt payment must be attached to the complaint with the package of documents.

Where the complaint is served

The complaint about the unlawful actions of the traffic police officers, if desired, is submitted to several institutions. All the guilt of the policeman depends, it may be the authorities of the employee, the prosecutor's office or the court.

The submission of a lawsuit is the most effective method that guarantees consideration of the application and the involvement of responsibility for unlawful actionsBut only required in some cases.

Before submitting a claim, it is necessary to make sure that the actions of the employee are indeed a violation of legislation, since traffic police officers have fairly broad rights.

Do not take into account this moment, since the higher authorities may not consider the case, putting on the side of the traffic police officer, and the plaintiff will spend his time and money.

Another body where you can file a complaint - the official website of the traffic police. Site traffic police
It is an online service where claims can be made in electronic form.

To submit a document, you must perform the following steps:

• go to the "Services" section and select the subsection "Receptions";
• click on the button "Fill out a questionnaire".

When specifying the data in the window that appears, be sure to select the region, as the complaints fall into the regional department of the traffic police or in the Googdom of the Ministry of Internal Affairs of the Russian Federation.

During the consideration of the complaint, one of two solutions is made:

• the claim is considered unreasonable;
• road service worker actions are unlawful and will attract him to justice.

Watch the video. How to protect yourself from the failed traffic cops on the road?

Terms of consideration of the complaint essentially

If the complaint is directed by phone confidence or in the employee's work, the consideration time should not exceed 10 days.

A complaint to the prosecutor's office should be considered within 30 days from the date of filing. Dates are registered in Article 261.

The judicial authorities make a decision for two months.

Base for filing a document

If the State Inspectorate violates the rights of the driver or abuses the official position, then, according to the norms russian legislationThe victim has the right to write a complaint.

The grounds for this may be the following:

• violation of norms Administrative regulations Ministry of Internal Affairs of Russia;
• unlawful behavior of an employee in relation to the driver;
• disagreements in drawing up a protocol or decision.

Remember! A complaint must be binding on a violation made by the traffic police inspector, therefore the grounds should be prepared carefully.

Possible violations by employees of the traffic police

The reason for the violation can be a violation of regulations and instructions that must comply with DPS employees. The actions of the road inspection workers should not violate the Constitution, the Law on the Police and the Safety of Movement, the departmental orders of the Ministry of Internal Affairs, Code of Criminal Procedure, CEAP, Presidential Decrees and Government Decree.

For example, an order at number 185. He approves the State Regulations for Motor Safety Control on the Road.

The rights of drivers may violate not only during the movement, but also in drawing up documents committing registration actions. DPS employees may illegally force the driver to put a vehicle for accounting.

In this case, it is necessary to be guided by the order from 2008 under the number 1001. Agree to blackmail and pressure from police officers cannot be.

Attention! Our qualified lawyers will help you with free and around the clock on any issues.

In fact, the motorist can be accused of many violations that he did not perform:

• over speed;
• drunk driving;
• failure to follow other rules road.

The DPS officer may have disruptions of this type:

• extorting bribes;
• rudeness or handwriting in relation to the driver;
• refusal to design a road accident;
• making illegal records in the document that can be a protocol about an accident;
• refusal to conduct mandatory registration activities, that is, inaction.

A complaint about the action or inaction of police officers is important to distinguish from the appeal of the decision according to the Ordation. Place the complaint is determined by the severity of violations made to the driver's address.

In addition, you can submit several complaints:

• in the Security Service of the Ministry of Internal Affairs;
• deputies (practice shows the effectiveness of such claims);
• to the presidential administration;
• head of Traffic Inspectorate.

Taking into account! In higher authorities, the prosecutor's office or court can be appealed:

• action or inaction worker traffic police;
• violation of the rights I. legitimate interests citizen, state or municipal organs, religious or other organizations.

The complaint against the actions of the DPS workers is substantiated mass media or public organizations another kind, since the administrative regulations of the Ministry of the Interior confirms the implementation of state, public, public departmental control, as well as prosecutor's supervision.

In which case, the complaint will not be considered

Not subject to consideration of a statement on the actions of employees of the traffic police in the following cases:

• anonymous complaint;
• contact information about the applicant incomplete or unreliable;
• the complaint complaining the threats of property or the life of the defendant.

Results of consideration

Events after writing and submitting a complaint may develop in two scenarios:

• the complaint recognizes non-profitable;
• instances will indicate the misunderstanding of actions committed by employees of the road-patrol service.

If events develop on the second scenario, the decision can be appealed. This procedure is given no more than 10 days. Re-application is considered in judicial order. If necessary, you need to attract witnesses (if they are) and find a search for new evidence, testifying to your rightness.

The form of the document "Complaint on the unlawful actions of the traffic police officer" refers to the "Complaint" rub. Save the link to the document in social networks Or download it to your computer.

In the management of the traffic police police police in Moscow
______________________________

c. _______________________________
residing at: __________________

The year in __ hours __ minutes I moved along the outside of the roadway of the Moscow Ring Road after the congress with __________ Highway. Due to the presence of the obstacle on 1 strip, I made a maneuver of its object at a speed of __ km / h on __ traffic strip. Moving on the third band of the roadway, I was stopped by a traffic police officer who checks
my documents suggested passing to the post. At the post without any reason, the traffic police officer gave me to blow the technical means of measuring the alcohol level - the breathalyzer. According to the traffic police officer, the technical means of measuring the level of alcohol showed the level of alcohol. The results of measuring the level of alcohol in the body did not provide me and did not report. I began to insist in the direction of me on medical examination intoxication status, but the traffic police officer refused to me in this and compiled an act of the _______ number __________ examination alcoholic intoxication, protocol of the series ________ number _________ on removal from the board by the vehicle and the protocol on administrative offense Series ____ number __________.
It should be noted that the procedure for the execution of an offense was disturbed, namely: I was actually not removed from the vehicle management, the understasses mentioned in the protocols were not present during alcohol surveys and when removing from the management of the vehicle.
My demands to send me to the medical examination by the traffic police officers were ignored, as a result of which I refused to sign the protocols. However, traffic police officers began to insist that I signed, otherwise they threatened with negative consequences for me - I was forced to sign the protocols.

I consider the specified actions of the staff of 3 battalion 1 joint venture DPS Moscow illegal, exceeding them official authority.
According to Government Decree Russian Federation "On approval of the rules of examination of a person, which manages the vehicle, to the state of alcohol intoxication and designing its results, the directions of this person on a medical examination on the state of intoxication, medical examination of this person to intoxicate and design its results and rules for determining narcotic drugs or psychotropic substances In the human body when conducting a medical examination on the state of intoxicating the person, which manages the vehicle "No. ____ from _________, when conducting an examination on the state of alcohol intoxication, an official granted state Supervision and controlling the safety of the movement and operation of the vehicle of the corresponding species, or the official of the military automotive inspection conducts the sampling of exhaled air in accordance with the instruction manual used technical means Measurements.
The presence or absence of a state of alcohol intoxication is determined based on the testimony of the technical means of measurement, taking into account the permissible error of the technical measurement.
In case of exceeding extremely permissible concentration The absolute ethyl alcohol in the exhaled air identified as a result of examination on the state of alcohol intoxication is drawn up with an act of examination on the state of alcohol intoxication, the form of which is approved by the Ministry of Internal Affairs of the Russian Federation as appropriate to the Ministry of Health and social Development Russian Federation. The specified act is attached to the paper medium with the recording of the results of the study. A copy of this act is issued by the driver of a vehicle in respect of which an examination on the state of alcohol intoxication was carried out.
However, it was not provided with a paper medium with a record of the research results.
According to paragraph 10, the Decree of the Government of the Russian Federation "On the approval of the rules of examination of a person, which manages the vehicle, to the state of alcohol intoxication and the design of its results, the directions of this person on a medical examination on the state of intoxication, medical examination of this person to intoxicate and design its results and the rules for determining narcotic drugs or psychotropic substances in the human body when conducting a medical examination on the state of intoxication of the person, which manages the vehicle "No. _______ from __________, the driver of the vehicle is subject to medical examination on the state of intoxication:
a) when refusing to pass the examination on the state of alcohol intoxication;
b) in disagreement with the results of examination on the state of alcohol intoxication;
c) in the presence of sufficient grounds to believe that the driver of the vehicle is in a state of intoxication, and negative result Examination on the state of alcohol intoxication.

From the above, it follows that the traffic police inspector was violated by the procedure for examining a person who manages the vehicle, since I insisted on a medical examination - but I was denied.

Thus, the establishment of the fact of drinking alcohol and the state of intoxication solely on the basis of the test results of the alkotester, without conducting a biological examination, and the imposition of an approximate conclusion, in violation of the established procedure, is unacceptable.
So, given the fact that the act of medical examination on the state of intoxication of the person, which manages the vehicle from ___________, contradicts the norms of current legislation, it must be considered insignificant.
The specified attraction of me to administrative responsibility I have to regard as opposing actions of employees law enforcementaimed at obtaining so necessary statistics to identify administrative offenses.

According to Art. 1 FZ "About Police" The police are intended to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, to counteract crime, guard public order, Property and to ensure public security. Police immediately comes to help everyone who needs to protect against criminal and other unlawful encroachments.
By virtue of Art. 12 The following duties are imposed on the police: to receive and register applications and reports of crimes, to carry out inspection of applications and reports of crimes in accordance with the subordinateness and take measures on such applications and reports, stipulated by law Russian Federation.
In accordance with Art. 2 of the Federal Law of 02.05.2006 N 59-FZ "On the procedure for the consideration of the appeals of citizens of the Russian Federation" citizens have the right to contact personally, as well as to send individual and collective appeals to government agencies, organs local governments and officials. Citizens implement the right to appeal freely and voluntarily. The implementation of citizens of the right to appeal should not violate the rights and freedoms of other persons.
Written appeal entered in state body, local self-government or official person In accordance with their competence, it is considered within 30 days from the date of registration of written appeal (Article 12 of the Law).
Based on the above, guided by Article 5 of the Law of the Russian Federation "On Militia", by Decree of the President of the Russian Federation of June 15, 1998,
ASK:
1. Discussion the complaint essentially.
2. Will an inspection on the foregoing facts, attract violated my rights to responsibility.

ATTACHMENT:
A copy of the administrative offense protocol;
Copy of an inspection act;
Copy of the removal protocol from the TC control.

"___" _________________ ______________ / ____________ /

• 
  It is no secret that office work has a negative impact on the physical, and on the mental state of the employee. There are quite a lot of facts confirming the facts.

The appeals submitted through the site enter the selected regional unit or directly in the Gobdd of the Ministry of Internal Affairs of Russia.

When choosing a referral of a complaint through the site, you need to pay attention to the following details.

• Be sure to fill out a small form.
• The author of the complaints on his email Comes notice of receiving his appeal.
• The size of the electronic complaint is no more than 2 thousand characters.
• You can attach not exceeding 5 MB documents and materials in electronic form, one or more files without archiving.

4. Officials of divisions, government agency management bodies, including federal Body management, conduct a personal acceptance of applicants and may decide on the complainant expressed by the applicant immediately, during the reception, if the complaint does not require additional check (Art. 260 and Art. 262

IMPORTANT! All incoming appeals must be recorded in the order established by the Ministry of Internal Affairs of Russia in the office work service or, when transmitted by the applicant personally, in the duty unit. A mark on the date of receipt and the number assigned to the incoming appeal may be required to the applicant to control the course and time of consideration of its case (Article 248 of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation). The term of consideration of the appeal and the direction of the response should not exceed 30 days from the date of registration of the complaint (Art. 261 of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation).

What and how to write in a complaint

In writing (complaint) the applicant, according to Art. 247 administrative regulations of the Ministry of Internal Affairs of the Russian Federation,

1. Indicates where the complaint is addressed to: the name of the body and / or surname, the name, patronymic and the position of responsible person. Where and to whom to address the answer to the complaint: the name, name, patronymic of the applicant's complaint, the contact phone number and the mailing address to send an answer.

ON A NOTE! If in writing

• the surname of the applicant who sent the appeal, and the postal address on which the answer should be sent, the response response is not given (Art. 250
• there are curses and offensive expressions in the address of the official to which the complaint is submitted, the applicant will be informed of the inadmissibility of the abuse of the right, and its complaint will remain unanswered essentially (Art. 251 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation);
• the text is unintelligible and readless, the applicant is reported that if it is possible to disassemble his name and address (Art. 252 of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation).

2. Describes the illegal actions of the official, which caused the need for their appeal, the reporting position, the name, name and patronymic, the order number of the employee who filed a complaint.

3. Arguments the grounds for which it believes that his rights are violated, specifying which the actions of the inspector considers unlawful and why.

Preferably attach:

• references to the violated norms of the law;
• evidence (video-, audio recording);
• testimony, with the application of names and witness addresses (Art. 257 of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation).

IMPORTANT! All passengers stopped in the car, including members of his family, have the right to witness in a traffic accident or conflict with the traffic police inspector of the traffic police.

4. Forms its requirements (on the inspection and punishment of the specified official, about the cancellation of imposed illegally duties and administrative responsibility, etc.)

5. puts the date and assures the document personal signature.

That in the end

If the facts of action / inaction noted in the complaint, the traffic police inspector confirmed, the complaint is recognized as reasonable.

The penalties of the perpetrators and the restoration of the violated rights of a citizen are offered. In the official response to such a complaint, it is planned to bring the applicant appropriate apologies (Art. 258 of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation).

If in the actions (inaction) traffic police officers will be found signs of the crime written appeal Together with the inspection materials, the prosecutor's office is sent to the prosecutor's office for consideration and decision-making. established by law The Russian Federation (Art. 259 of the Administrative Regulation of the Ministry of Internal Affairs of the Russian Federation; Art. 144 and the "Criminal Procedure Code of the Russian Federation" of December 18, 2001 N 174-FZ, ed. From 03/30/2016).

If the complaint is recognized as unfounded, the applicant is explained in the response

• the illegality of claims they prevent;
• possible procedure for appealing accepted on a complaint solution.

NOTE.If the complaint is not supported by significant evidence, such as video or audio recordings, witness testimony, perhaps the authorities will try to "cover up" his employee.

The service check will not be found in the actions of the traffic police officer of the unlawful component, which will be reportedly reportedly.

We have to show perseverance and perseverance, having duplicated the complaint Hot line Traffic police or court, with the application of the resulting formal response and its counterproofs.

Brief instructions According to the appeal of unlawful actions, the DPS inspector can be seen in the videos.

Video: Human Rights on the Road. Blog number 4.

Video: Tips in the "Angry Citizen" program

Modern Russian legislation makes it possible to appeal and punish any illegal actions of an official. Although sometimes it can take away from a citizen who decided to restore justice, enough time and nerves. It is important to decide whether the driver faced serious abuse of the traffic police inspector to use this opportunity and file a complaint.

Sometimes it is quite calm and confidently remind the employee of the traffic police about his duties and its readiness to protect the violated rights and freedoms. Adequate citizens of the Russian Federation, manifesting a little respect for each other, will always be able to find a common language. The rest will have to be resorted to the proceedings, in detail regulated by Russian laws.

It often happens that the driver has disagreements with a traffic police officer. This may be due to the different circumstances of the case, the fact of committing an offense, the fact of the presence of an offense.

And not all police officers adhere to the law, some of them simply ignore the driver's rights.

To protect yourself, each owner of the car should be aware of what can be done in the case when the misfires of the traffic police inspector do not provide the opportunity to avoid conflict. Then you can write a complaint to the prosecutor's office on the traffic police.

Sometimes it is not enough just to disagree with the fact of the offense in the protocol. You can demand the arrival of the superior employee of the traffic police in place where an offense was committed.

But such measures will not always help solve the driver's problem. Unfortunately, internal affairs bodies meet unscrupulous employees who ignore legal rights Driver and his requirements. They use their own superiority and official position.

It often happens that the representative of the traffic police authorities Hamit the owner of the car, inactive, belongs to it disrespectful, does not adhere to the rules of etiquette and morality, although it is obliged to do it.

Therefore, if you cannot solve the problem with illegal actions, the traffic police worker does not work in place, it is necessary to look for other legitimate ways to solve the problem.

By law, each driver has the right to complain to unlawful actions or inaction of the employee of the traffic police.

Not all citizens know how a complaint is written to the prosecutor's office on the actions of traffic police officers. The statement must be properly compiled and submitted to certain organs.

Grounds for making an application for a traffic police officer

The rules of Russian legislation for the driver enshrined the right to complain to the employee of the traffic police, in the event of a direct violation of his rights or interests.

Reasons can serve:

1. Incorrect behavior towards the motorist.
2. Violation of the norms of the administrative regulations of the Ministry of Internal Affairs of Russia.
3. Disagreements in drawing up a protocol or decision. This can be appealed separately.
4. Illegal refusal in the production of the car.

By composing a complaint, grounds should be clearly formulated and correctly indicate violations of the traffic police officer.

There are several options where you can submit a complaint due to illegal actions of traffic police officers.

Depending on the severity of the violation, you can complain about the policeman:

• direct supervision;
• to the prosecution authorities;
• to court.

The most effective method, which guarantees the consideration of the driver's complaints and attracting a violator to the responsibility is a submission to the court. But it is not required in all cases.

You can complain about police officers as a higher management and the prosecutor's office. Before submitting a complaint, it is necessary to make sure that the accused really made unlawful actions.

Traffic police officers have quite broad powers. It must be considered, because it often happens that the complaint is not relevant and the higher authorities support the side of the police.

All actions and inaction of inspection workers are regulated by law. But laws that are the rules of behavior for the auto inspector quite a lot.

If the driver is confident in unlawful actions of the Auto Inspector, he immediately arises the question of which the prosecutor's office is to apply for a traffic police complaint. In this case, you can complain to the body at the place of work of the traffic police officer, which abuses its position.

Sometimes enough complaints are orally, but this is quite rare. After all, unscrupulous auto inspections are almost in each department, and most of the bosses know about them.

The output from such a situation will be the appeal by the traffic police phone number. At the same time, you should specify all the information regarding the situation.

When all of the above appeals are unsuccessful, then the only way to influence the traffic police officer remains.

This is a complaint about the prosecutor's office or judicial authorities. In this case, it is important to know how to write a complaint against the traffic police officer to the prosecutor's office.

The procedure for the appeal of citizens is regulated by civil procedural codeIt describes in detail the procedure for drawing up and filing complaints.

When drawing up a complaint into the prosecutor's office on the actions or inaction of the traffic police, it is necessary to describe the events in the chronological sequence in detail.

The circumstances under which the applicant's violation was performed should be set forth. And the application to the prosecutor's office at the traffic police inspector - to reflect the clear requirements that the driver wishes.

This application does not have a form enshrined by law, it is recommended to use it common rules By writing claims.

The official complaint should contain such details:

• the name of the authority, where the application is addressed;
• postal details and address;
• Applicant's phoe;
• address of the applicant's registration;
• address of residence;
• applicant phone number.

After specifying personal data, the driver whose rights were violated, should indicate as much information on the unfair Employee of DPS.

It is advisable to reflect such a list of details:

• FULL NAME, Employee of the traffic police, on which a complaint is served;
• his position and workplace;
• the root number and the basic data contained in the DPS officer certificate;
• if the traffic police worker was on the car, the state and registration on-board number of the automotive equipment are indicated;
• if possible, it is advisable to specify the address of the residence;
• contact details that are available;
• signature of the applicant, its decoding and date of compilation.

It should be borne in mind that the more information about the violator indicates the applicant, the faster the traffic police officer will be rapidly responsible for its unlawful actions.

After the statements on the illegal action of the employee of the traffic police were filled, in the middle of the sheet, below the details need to write the word "complaint".

Preferably submit additional documents, irrefutable evidence of guilt of traffic police officers. Otherwise, everything will look unfounded.

Among them can be:

• records of drivers passing cars;
• conclusions of experts, doctors;
• witness's testimonies.

For some reason, many people think that the passengers in the car cannot act as witnesses in the case, as they are interested parties.

But in accordance with the legislation of 2020, it is possible to use witnesses in automobile tool In any situations and circumstances of the case.

Therefore, if in the process of communication, the traffic police officer behaved wrongfully, showed disrespect, insulted the driver in the presence of passengers, then they are entitled to act as witnesses.

The complaint describes all the information that concerns the offense. The statement is attached to the list of documents to which the driver refers to the text. They are pre-described and numbered.

The application with documents can be transferred to the relevant authorities personally or by mail by registered letter.

It is important to take into account that the receipt for the payment of the state fee for filing a complaint is made to the package of documents. In 2020, its size is 15% of the minimum wage.

Each driver should know the rules to protect its rights if necessary. Because despite the fact that the traffic police officers are obliged to protect the norms of legislation and prevent violations of traffic rulesIn practice, opposite situations often arise.

In this case, the driver has the right to file a complaint against the unlawful actions of an employee of the traffic police.

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Stand on the roads and safety on the roads is one of the main tasks of the traffic police officer. When the priorities of the work at the police officer, there is a violation of the rights of citizens and other persons. The output will be filing a complaint to a negligent traffic police officer. The applicant has a choice: superior guide, prosecutor's office or court.

Few of motorists did not come across the road with this guard of the order and safety of the road, referred to as the people of the traffic cop. Impressions and results from these meetings from drivers are different. Some of them are not a sign of such a document as a complaint against the traffic police officer and the ways of its design and filing.

Table 1. What actions (inaction) and the decision of the traffic police officer can be appealed and where. Source: traffic police. RF

Regulatory base of traffic police officers

The main document regulating general issues The activities of this, is the Federal Law No. 3-FZ dated 07.02.2011 "On the Police". Some duties are as follows:

• clearly know and comply with Russian laws and other regulations;
• fulfill their duties in accordance with the job description;
• when carrying a service, abide by the interests and rights of citizens, organizations, public associations;
• provide first assistance to victims (for example, at a traffic accident);
• fulfill legal orders and orders of management;
• prevent administrative offenses;
• keep proceedings on administrative offenses;
• do not disclose information that has become known to him when serving.

Responsibilities

Details The duties of the traffic police officer are described in the order of the Ministry of Internal Affairs of Russia No. 664 of August 23, 2017 "On approval of the administrative regulations of the execution by the Ministry of Internal Affairs of the Russian Federation state function In implementing the federal state supervision in compliance with the participants in the roads of the legislation of the Russian Federation in the field of road safety. " According to this document, it has the right:

• checking certificates of the individuals of citizens when there is reason to suspect them to commit an unlawful act and for finding them wanted, as well as when a protocol on an administrative offense is drawn up or measures to delay;
• demand to stop unlawful actions by citizens or officials;
• call to the police of persons on cases about administrative violations rights and receive explanations from them, references or other documents, assign a compulsory drive to those who are evade from voluntary calling.
• send motivated requests and receive answers, certificates and other documents for free from citizens, officials, public associations, organizations, institutions (including medical);
• carry out patrols of settlements and public places, set posts and barriers;
• demand from citizens to leave the place of administrative offense, crime, incident, when it is necessary to fix the circumstances of the occurrence and preserve traces, as well as to ensure the safety of the citizens themselves;
• make protocols on administrative offenses and collect evidence on them;
• deliver either to send citizens to medical examination on the state of intoxication (alcohol, narcotic), as well as to conduct an examination on the state of alcohol intoxication according to established rules;
• to produce personal inspection of persons, things and transport if there is information about the presence of prohibited substances and items (weapons, drugs, explosives), to withdraw the prohibited substances and items found when the person does not have the right to transport them and store on legal grounds (for example, there is no permission to carry weapons);
• stop vehicle, check documents on it and the right to use them, remove the driver from driving a car, delay transport;
• use audio and video equipment information Systems, cameras, other technical and special means;
• in cases not tolerant, use vehicles citizens, organizations, institutions (prosecution of the criminal, suppression of illegal action, delivered to the hospital victim).

The duties of the traffic police inspector are fixed in his job description. Non-compliance or improper execution assigned duties, as well as inaction in certain situations, may result in appeal in installed manner.

Complaint of the traffic police officer

Stand on guard and order on the roads, showing respect for others, professionally fulfilling his duties - this is the main task of the traffic police officer. But, apparently, not for all employees of the traffic police. And the driver, even if he is right in a situation that has fallen into such a mountain inspector, can get wrong, encounter a bad appeal, and sometimes the illegal behavior of the guard of order and security. In this case, nothing remains, how to file a complaint about the traffic police or contact the prosecutor's office or court.

Bases for feeding

ORDERS To handle a complaint can be:

• compiled illegally protocol (on an administrative offense, administrative detention, personal inspection and others);
• inadequate behavior of a traffic police officer (for example, he selected and smashed mobile phone The driver, who he removed the chat with the guard of the order);
• non-explanation of the person or witnesses in the Protocol;
• when checking the documents, the inspector requires to present a paper policy of OSAGO, ignoring.

Interesting! In December 2017, the Ministry of Internal Affairs of Russia conducted a study of public opinion on the activities of traffic police officers. The traffic police is considered effective and as a whole assesses positively 57-58% of respondents. 64% of respondents did not come across the last year with illegal actions of corruption staff, and 36% answered in the affirmative. In the first place among illegal actions The contacts of the traffic police officers called drivers who violate the rules of the road.

Forms feed

There are the following forms of filing a complaint about the traffic police officer:

Table 2. Forms of filing a complaint. Sources: traffic police. RF, Ministry of Internal Affairs. RF

What to write in a complaint about the traffic police officer

The appeal must contain the following information:

• the name and address of the body, which is supplied;
• name and data (surname, name, patronymic, title, place of work) Employee of the traffic police on whom the complaint is written;
• information about the applicant (surname, name, patronymic, address and telephone);
• when applying, its data is made, as well as power of attorney with the application of its copy;
• the essence of the complaint and that requires the applicant;
• confirming documents (if available, are applied in copies; if they are not there, but there are in the materials of any case, the applicant writes a request to request them);
• the date and signature of the applicant (or his representative).

The style of writing complaints is officially business, discreet, without emotional coloring and insults.

Where to submit a complaint against the actions of the traffic police officer and a sample of circulation

A complaint against road safety keeper is served in:

• Ministry of Internal Affairs or Traffic Inspectorate (direct chief, to a higher supervisor either in the territorial ministry);
• the prosecutor's office (in the name of the prosecutor of the city, district or subject of the Russian Federation);
• court at the place of carrying service.

Below is a sample complaint against the actions of the traffic police officer.

How much time will take consideration

The complaint against the State Traffic Inspectorate (Ministry of Internal Affairs) either in the prosecutor's office will consider in a thirty-day period from the date of its registration. The term can be extended for 30 days (if you need to request additional documents, check the information and other). This will notify the applicant.

The appeal to which the court decision appeals is returned to his person to send him within 7 days from the date of registration. At the same time, an unreadable complaint is returned to the applicant.

When the answer to the complaint is not given

The answer is not prepared if:

• the surname either the applicant's address is not specified;
• previously, the issue was already resolved and the answer on it was given;
• appealed judicial decision (the complaint is returned to the applicant with an explanation of the proper order of filing);
• the complaint contains obsceneous expressions, threats to the police officer and his family members;
• on the issue, the same complaint is repeatedly sent (a decision on termination of correspondence with the applicant is made, which the latter is notified);
• the appeal is addressed to the authority or official, which is not competently resolving it (headed by subordination with the notice of the applicant);
• the answer cannot be given without the discovery of information constituting the state or other law protected by law;
• the complaint cannot be read (written alone and not read by the applicant).

The above list is exhaustive and on other reasons not to prepare the answer on the complaint.

Consideration of the complaint about the traffic police officer in court

Appealing of illegal actions or inaction of the traffic police officer in court will occur on the administrative administrative lawsuit. Its form must comply with the requirements of the Administrative Judging Code of the Russian Federation of 08.03.2015 No. 21-FZ.

The term for filing such a claim is 3 months from the day when it became aware of the violation of the rights, interests and freedoms. If this period is missing, then this is not the basis of refusal to accept the claim. The court can restore the time if recognizes the reason for the skipping of respectful. As a result, the court satisfies the complaint in the part or either completely refuses to satisfy it.

Appealing the decree in the case of an administrative offense, made by a traffic police officer, is possible within 10 days from the date of receipt. Missed by good reasons The term may be restored by the court.

Higher education. Orenburg state University (Specialization: Economics and management at heavy engineering enterprises).
May 4, 2018.