In judicial practice, there are often cases of appeals against police reports on administrative offenses. Sometimes it happens that they are made on innocent people, and sometimes - in violation of procedural rules. In such circumstances, the assistance of a lawyer will be required to restore the violated justice.
How does the protocol differ from the resolution?
As a result of violation of traffic rules, a patrol police officer may draw up a report on traffic violations or issue a decision on bringing to administrative responsibility.
Thus, the protocol is a procedural document, which is evidence in an administrative case, on the basis of which the presence or absence of human guilt, as well as other important circumstances are established.
The protocol is made in the following cases:
- drunk driving;
- violation of traffic rules, which caused damage to vehicles;
- refusal of the driver to pass inspection for detection of a state of intoxication, etc.
In turn, the decision is a procedural document which police representatives issue in case of detection of a traffic offense. It directly sets out the decision in the case. The decision is made in the following cases:
- driving a vehicle with a malfunction;
- exceeding the allowed speed;
- violation of the rules of overtaking, crossing intersections;
- non-compliance with the requirements of the stop, etc.
Thus, the protocol simply records the fact of the offense, while the decision immediately brings the violator to administrative responsibility, establishing a specific sanction.
Procedure for appealing a decision in an administrative offense case There are
two ways to appeal a decision: to go to a higher court (the highest official) that issued it, or to a court.
In the first case, the complaint is submitted to the body that issued the decision (unless otherwise provided by law). In the second - a statement of claim is drawn up in court and submitted to the choice: at the place of registration or residence of the plaintiff, or at the location of the defendant.
Thus in the document it is necessary to specify such information:
- data of the applicant;
- Name of the official who issued the resolution;
- the content of the complaint;
- evidence confirming the requirements.
A citizen has 10 days from the moment of making a decision to file a complaint, and if it is a question of ensuring the rules of the road - 10 days from the moment of its delivery.
How canbe a police reportchallenged in court?
The report is drawn up in case of committing serious offenses, for which there may be relevant consequences, including deprivation of rights. However, it is inexpedient to appeal the protocol in itself, because it does not contain any decision of the subject of power.
Judicial practice shows that it is the decision that needs to be appealed. The protocol cannot be appealed separately, as it is sent to the court so that the judge can draw conclusions about the presence or absence of the offense.
How to appeal a decision to prosecute for an administrative offense
As mentioned earlier, you can write a complaint to the patrol police. However, this rarely gives the desired result, only forces you to spend precious time. Therefore, most often in such cases, persons who are sure of their innocence, initiate a trial.
Based on the results of the complaint, one of the following decisions may be made:
- leave the document unchanged;
- cancel the document and close the proceedings;
- cancel the decision and make a new one;
- change the resolution.
The decision of the court can also be appealed within 10 days in the appellate court. An appeal should be made through the local court that issued the initial ruling.
It is considered for 20 days. However, if the court decides to change the sentence, it can not be increased. And in case of cancellation of the resolution and closing of proceedings in the case, the collected sums of money and confiscated items are returned to the person, all restrictions connected with this resolution are canceled.
But the decision of the appellate court is final and can no longer be appealed.
How to appeal the police report if you do not agree with it?
As we found out, it is impossible to appeal the protocol separately. Therefore, if you do not agree with what is written in it, you need to carefully prepare for the hearing. During the trial, you will be required to provide all the evidence that proves your innocence.
It is important to keep in mind that the maximum number of instances that can consider this case is only two: the court of first instance and the appellate instance. The law does not provide for cassation proceedings in cases of this nature.
How theis decision to close the case of an administrative offenseappealed The decision to close
the case can be appealed in court. The initiator of such an appeal may be the parties to the case, as well as all interested parties.
In order to properly compile all the documents and submit them to the appropriate authority, we recommend that you seek the help of specialists from UA "Absolut". We have extensive experience in appealing against decisions of regulatory authorities, as well as loyal prices, which are calculated individually, depending on the circumstances of the case.
Our lawyers work in Kyiv, Dnipro and other cities of the country. Our company occupies a leading position in providing legal services in Ukraine, and specialists are ready to take on cases of any complexity and always help in a difficult moment!