Sample appeal for an administrative claim. Appeal against a decision in a case of an administrative offense

from 31/12/2018

If the parties to the case disagree with the results or procedure for considering the case, they file an appeal against the court decision. This is the first stage of the appeal. Without which all the others simply will not happen.

Let us immediately make a reservation that the examples of courts given in the article and the procedure for filing a complaint are valid until 2019. After all, on July 30, 2018, changes to the Law on the creation of appeal and cassation courts general jurisdiction. Due to the need to resolve personnel issues, the law will be fully operational no later than October 2019.

For now everything remains the same. All court decisions made at first instance are subject to appeal. General submission deadline appeal is 1 month from the date of preparation of the reasoned decision.

The appeal is drawn up in a form regulated by law and in compliance with the requirements for its content. The procedure for filing a lawsuit has also been established. Without compliance with the requirement, the court will not begin considering the complaint. Therefore, to draw up a document, use the provided sample and read the recommendations of lawyers.

Example of an appeal

To the Moscow Regional Court

Dolgoprudny, st. Mayskaya, building 6, apt. 6,

tel. 89000000006

address: 141700, Moscow region,

Dolgoprudny, st. Juneskaya, building 6, apt. 8,

tel. 89000000008

APPEAL AGAINST A COURT DECISION

dated May 15, 2019 in civil case No. 2-1254/2019

On May 15, 2019, the Dolgoprudnensky City Court of the Moscow Region made a judgment on civil case No. 2-1254/2019 on the claim of Konstantinov I.O. to Egorov S.A. about reclaiming property from someone else’s illegal possession.

By the decision of the court, the demands of Konstantinov I.O. satisfied. The purchase and sale transaction between Konstantinov I.O. and Egorov S.A. declared invalid, the disputed property was claimed in favor of the plaintiff. Ownership of Egorova S.A. the property has been terminated.

I do not agree with the court’s decision; I consider it illegal and unfounded for the following reasons. The court incorrectly determined the circumstances relevant to the case. The court concluded that the parties entered into a property pledge agreement. And the purchase and sale transaction was essentially a sham. However, the pledge agreement has nothing to do with this dispute and is an independent transaction.

The court's findings that the property became the property of the defendant do not correspond to the circumstances of the case. In fact, the disputed property is in the possession and use of a third party O.Yu. Petrova, with whom the transaction was actually completed. The court incorrectly applied the norms of substantive law, namely Articles 182, 971 of the Civil Code of the Russian Federation. A representative by proxy does not acquire property under a transaction concluded by him on behalf of another person into his own ownership.

The case was considered in an illegal composition, since it was decided by the Dolgoprudnensky City Court in violation of the rules. In fact, the cost of the claim is 30,000 rubles. (the value of the disputed property), therefore the claim must be considered by a magistrate at the defendant’s place of residence.

The case was considered in the absence of the court, which was not notified of the time and place of the court hearing; there is no information about this in the case materials. In addition, the case file does not contain the date dated 10/15/2015.

Significant violations of substantive and procedural law, incorrect definition of essential circumstances, and inconsistency of conclusions with factual circumstances do not allow the court decision to be recognized as legal and justified. The decision is subject to cancellation on the grounds listed in Article 330 of the Code of Civil Procedure of the Russian Federation.

Guided by articles 320-322, 328, 330,

    To cancel the decision of the Dolgoprudnensky City Court of the Moscow Region dated May 15, 2019 in the civil case regarding Konstantinov I.O. to Egorov S.A. on declaring a purchase and sale transaction invalid, reclaiming property from someone else’s illegal possession.

    Make a new decision on the case, which in satisfaction of the claims of Konstantinov I.O. refuse in full.

Application:

    Copies of the appeal – 2 copies.

Date 06.06.2018 Signature Egorov

The document is drawn up in writing. Even if sent through electronic services(now this opportunity is available in almost every court).

In the header of the complaint, the applicant indicates the court that will hear the case. An appeal against decisions of magistrates is considered by a higher district court. The decision of the district court, adopted at first instance, is reviewed for legality by a higher court of the constituent entity of the Russian Federation.

The person filing the complaint must write his full last name, first name and patronymic, as well as the place where he lives at the time of drawing up and submitting the document. The text must indicate the full details of the court decision that is being appealed, namely: the name of the court that made the decision, the case number, the name of the plaintiff and defendant, the essence of the claims. This data can be copied from the complained.

The appeal must necessarily contain demands - this is what is written after the word “please”. Such requirements may be: cancellation of the court decision in whole or in part with the adoption of a new decision, with termination of proceedings in the case or with leaving the application without consideration.

The complaint must indicate the grounds for reversing the decision. The list of grounds is established by Article 330 of the Code of Civil Procedure of the Russian Federation. Take it as a basis and apply it to specific decision court and your situation.

At the end there must be a list of attached documents, the complaint must be signed personally by the person filing it, and the date of filing with the court must be indicated.

Features of an appeal against a court decision

Both court decisions and rulings are appealed through the appellate procedure. A special procedure is provided for definitions; in this case, .

Filing an appeal

An appeal is filed with the court that made the contested decision. There is no need to send documents to a higher court yourself.

When filing an appeal, personally mark the acceptance of the documents by the office employee on your copy of the complaint, which you must take with you to the court. If the complaint is sent to the court by mail, do so by registered mail with notification of delivery. Then it will be known when the documents were received by the court.

A mandatory condition is to attach copies of the complaint according to the number of persons participating in the case. The appeal is paid by state duty, the original receipt is also attached. There is no need to attach documents that are already on file. The appellate court will examine the entire civil case.

The progress of the appeal should be monitored. If the complaint is left without progress, it is necessary to promptly obtain a copy of the court ruling and make the necessary amendments within the prescribed period. When returning the appeal, the court also issues a ruling indicating the reasons for such a procedural action.

Acceptance and consideration of a complaint

The court of first instance, after receiving the appeal, decides on the possibility of accepting the complaint. Checks that there are no grounds for leaving or returning documents. If the appeal is accepted, the judge puts a mark on the complaint itself, which is then filed in the file.

After this, copies of the documents are sent to the persons participating in the case. After the deadline for appeal has expired, the materials of the civil case are sent to the court of appeal.

The appellate court notifies the persons participating in the case of the time and place of the trial. The case is considered according to the rules of the first instance and ends with the issuance of an appeal ruling. From the moment such a determination is made, the court decision, unless it is cancelled, is considered to have entered into legal force. If the decision is overturned, the appeal ruling resolves the case on the merits and acquires the force of a decision.

An appeal determination can be appealed to a higher authority by filing.

What is the difference between an appeal against a magistrate’s decision?

An appeal against a decision of a magistrate is no different from an appeal against a decision of a district court. Such a complaint is filed through a magistrate judge, but is addressed to the district court. An appeal against a decision of a magistrate is considered according to the general rules of appeal proceedings.

It should be taken into account that magistrates have the right not to draw up complete solution without a statement from the persons involved in the case. Therefore, within 3 days from the moment the operative part of the decision is announced by the magistrate, it is necessary to submit an application for drawing up a reasoned decision.

Based on the results of consideration of the appeal against the court decision, the district court issues an appeal ruling, which can only be appealed to the cassation instance.

Clarifying questions on the topic

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As in all other areas of legal proceedings, administrative law also provides for the possibility of filing an appeal against a questionable decision. This right is guaranteed Russian legislation and enshrined in the CAS of the Russian Federation.

Subjects of administrative proceedings and deadlines for filing an appeal

Who's in Russian Federation can become a participant in administrative proceedings? This is important for all Russian citizens, as well as foreigners living in the country, to know. In addition to citizens of the Russian Federation and those with dual civil status, the following may participate in the trial:

  • public and private companies, enterprises, institutions;
  • citizens holding the position of civil servant;
  • organizations of public status, their employees;
  • citizens with foreign citizenship, stateless, as well as refugees and migrants.

The CAS of the Russian Federation clearly and definitely states what applies to administrative violations: these are actions that were the cause of a violation of the rights or interests of citizens. If, as a result of consideration of a claim in a case in administrative proceedings, a court issued a dubious verdict, it should be appealed.

Since the CAS of the Russian Federation does not contain a list of persons who can make claims against the decision of the court of first instance in an administrative case, then, according to generally accepted rules, the following have the right to do so:

  1. participants in the process: plaintiff, prosecutor, defendant, others;
  2. persons who did not take part in administrative proceedings, whose rights were violated by the issued verdict;
  3. category of persons who filed claims to protect the interests of incapacitated wards (this could be guardians, veterans' organizations, etc.).

As in other areas judicial proceedings, an appeal of a judicial act in an administrative case must be filed in accordance with the current procedure. The time period set for this is one month. There are other deadlines established by the CAS of the Russian Federation depending on the type of administrative case, the verdict of which is being disputed. This is described in more detail in Article 298.

If the interested party missed the deadline for filing an appeal, he can try to restore it. But this is only possible if, within the allotted time, the unfair judicial act was not appealed due to valid circumstances. The appellant must write a request to restore the past deadline, writing about extenuating circumstances and attaching evidence. The petition, together with the appeal, is submitted to the court. Having recognized the reasons as valid, the court will restore the term and accept the complaint. If the court refuses to restore the deadline, the petition to appeal the dubious verdict in the administrative case will not be accepted for consideration.

The Code of Administrative Procedure also provides for the provision of a private complaint. This type of claim can be made on judicial determination institutions of 1st instance. It must be submitted within two weeks from the date of publication of the determination, with the exception of special occasions stipulated in Article 314 of the Code.

Contents of the appeal paper in an administrative case

In order for a complaint against an administrative sentence to be accepted by a judicial institution, it must be filed on time and correctly drafted. The electronic sample can be filled out directly on the official website of the appellate institution. This feature greatly simplifies the procedure and saves the appellant’s time.

To fill electronic sample You must enter information in each field of the form provided. Related materials (certificates, receipts, protocols, etc.) will have to be scanned and files attached to the electronic application.

For those who want to submit a claim in person (by mail), we offer a sample of such a paper, on the basis of which each interested person can write their own version of the petition. But first let's look at some important rules registrations regulated by the CAS of the Russian Federation in Chapter 34.

  1. The paper is drawn up on A4 sheet - format. The header indicates the court to which the claim is sent, the procedural status and data of the author of the complaint, as well as other participants.
  2. The main part of the petition describes in which case the author has objections to the verdict judicial authority. It is necessary to describe all violations committed by the court during the examination of the case and the issuance of the ruling document.
  3. After this, you need to express your request.

When a complaint is filed by a person who did not take part in the process, but whose rights and freedoms were violated by a contested judicial act, this must be especially emphasized. The complaint is written in business style, without emotional expressions and the use of epithets. It is not allowed to make strikethroughs or corrections in the text.

A mandatory component of the complaint is copies of the necessary documents referred to by the appellant (judicial act, etc.), certified legally. The appeal must be filed in several copies, the number of which corresponds to the number of participants in the proceedings. By following these recommendations, regulated by the CAS of the Russian Federation, and focusing on the example below when writing a paper, you will protect yourself from non-acceptance of the complaint for consideration.

The judge must understand all the nuances of the case within two months and make his decision. The act issued by the appellate institution immediately acquires legal force. You can appeal the decision by filing a cassation appeal with the 3rd instance institutions.

Sample structure and content of a complaint

In order to competently draw up an appeal petition, we offer a sample of such a paper. If you follow the advice on writing and formatting the document exactly, referring to the example given, and do not miss the deadline regulated by law, the complaint will be accepted by the judicial institution for consideration.

To the regional court of the Ivanovo region,

Ivanovo, st. Volodarskogo, 10

from the plaintiff Viktor Vladimirovich Seleznev,

Kineshma, Ivanovo region, st. Rechnaya, 19, apt. 5, phone XXX YYYYYYY

(through the district court of Kineshma, Ivanovo region, Kineshma, Zaozernaya str., 1)

Respondent of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation for the Ivanovo Region "Kineshma"

08/01/2016 in relation to me, Selezneva V.V. An employee of the traffic police department of the Ministry of Internal Affairs of the Russian Federation of the Ivanovo region “Kineshemsky” drew up Protocol No. 158/55 dated 08/01/2019 for an alleged violation (parking in a prohibited place). Based on the said Protocol, Resolution No. 888999 was issued in the case of an administrative violation.

Due to my disagreement with the said Protocol and Resolution, I filed a corresponding application with the district court of Kineshma, Ivanovo region.

On August 19, 2019, my case was considered by the district court of Kineshma, as a result of which this institution issued Decision No. 5656, as a result of which Resolution No. 888999 was left unchanged.

I consider Decision No. 5656 of August 19, 2019 of the district court of Kineshma, Ivanovo region and
https://www.youtube.com/watch?v=7uU65dOWSsA
Resolution No. 888999 in the case of admin. violation is not lawful, since on 08/01/2016 I parked my car not at the intersection of roadways, according to Protocol No. 158/55 dated 08/01/2019, but at the “safety spot” near 34 on the street. Lermontov, where it was previously located paid parking. This fact can be confirmed by citizen Anton Georgievich Kirilov, who lives in the city of Kineshma, Ivanovo region, st. Lermontova, 34, apt. 16. The said witness was not questioned, which is a violation of Article 51 of the Code of Arbitration Procedures of the Russian Federation.

Guided by Article 295 of the CAS of the Russian Federation, based on the above, I ask:

  1. Cancel Decision No. 5656 of 08/19/2019 of the district court of Kineshma, Ivanovo region.
  2. Terminate administrative proceedings.

Application:

  1. Copy of Decision No. 5656 of August 19, 2019 of the District Court of Kineshma.
  2. Copy of Resolution No. 888999.

09/15/2019 (signature) V.V. Seleznev

If any shortcomings were found in the submitted appeal paper, the judge is obliged to discover them and write about this to the appellant no later than five days. In his determination, the official must set a deadline for eliminating the identified deficiencies. During this time the complaint will remain without progress. If the appellant fails to meet the deadline, there will be no trial of his complaint.

By decision of the magistrate, the citizen was found guilty of committing an administrative offense and deprived of the right to drive vehicle for a certain period. The applicant considers this decision of the magistrate to be illegal and subject to cancellation. The applicant asks the magistrate's order to be quashed. Proceedings in the case are terminated.

In ___________ city court of the Republic of Dagestan,
_____________________

Representative _________________________
_________________________
SC "_______________",
_________________________

APPEAL
(on the decision of the magistrate)

By the resolution of the magistrate No. __, ___________ dated ______, _______________ was found guilty of committing an administrative offense under Part 4 and was deprived of the right to drive a vehicle for a period of __ months.
We consider this decision of the magistrate to be illegal and subject to cancellation on the following grounds:
In accordance with the protocol on an administrative offense, the date and place of its preparation, position, surname and initials of the person who compiled the protocol, information about the person against whom an administrative case was initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims, the place, time of commission and event of the administrative offense, an article of the Russian Federation or the law of a constituent entity of the Russian Federation providing for administrative liability for this administrative offense, explanation individual or legal representative legal entity, in respect of which the case was initiated, other information necessary to resolve the case.
Information about the identity of the violator is established from the documents he has.
After we learned in the ___________ district court of the city ________ that the material about the administrative offense against him was sent for consideration to the _____________ city court of the Republic of Dagestan instead of forwarding it for jurisdiction to the city ________, __________ read the protocol about an administrative offense for which an administrative offense case was opened against him and noticed that there were inaccuracies in it, namely, the traffic police inspector had incorrectly indicated his place of birth and place of residence.
When drawing up a protocol on an administrative offense in relation to ___________, he presented the inspector with a passport of a citizen of the Russian Federation, and he also had his driver’s license, which indicated his real place of birth, his registration, as well as his actual residence, namely: ________________________
Where did the inspector get the information that __________ lives in the city __________ on the street. ____________, we do not know, since he has neither acquaintances nor relatives in the city __________.
According to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5 of March 24, 2005, when preparing for the consideration of a case of an administrative offense, the judge is obliged to carry out the procedural actions listed in with the law, as well as identifying the causes and conditions that contributed to the commission of an administrative offense.
In order to prepare the case for consideration, the judge must also establish whether the protocol on the administrative offense has been drawn up correctly in terms of the completeness of the investigation of the event of the offense and information about the person who committed it, as well as compliance with the procedure for drawing up the protocol.
In the establishing part of the court ruling dated __________, my place of birth is indicated in the city _________, and my place of residence is ________________________, which is not true, since I am a native and resident of the city ___________.
If the court had fully and comprehensively examined all the evidence in the case, then when examining the driver’s license, the place of residence would have been established ______________
Due to the fact that the administrative offense protocol dated _____________ incorrectly indicated his place of residence, in fact, ____________ was not notified of the place and time of the trial, and therefore he did not have the opportunity to take part in the consideration of the case.
We also do not agree with the imposed ____________ punishment in the form of deprivation of the right to drive a vehicle for a period of five months. Sanction part 4 art. 12.9 also provides for punishment in the form of a fine in the amount of two thousand to two thousand five hundred rubles. Court against ______________. unreasonably applied more severe punishment, although he could have imposed a fine rather than deprived him of his driver’s license.
_____________ has one dependent child, and a car is his only source of income as he is a private driver. By depriving him of the opportunity to drive a car, the court left ______________ without a livelihood.
statutes of limitations have been established for bringing to administrative responsibility, the expiration of which is an unconditional basis excluding proceedings in a case of an administrative offense (clause 6 of part 1).

Based on the above and guided by Article 30.1, Part 3,

I ASK:
1. The resolution of the magistrate No. __ of the year __________ dated ________ is cancelled.
2. The proceedings in the case are terminated on the basis of clause 6, part 1.

Attachment: copy of the resolution, copy of the complaint, copy of the passport, copy of the child’s birth certificate, copy of the power of attorney and warrant.

Year _______________

The document form “Sample of an appeal against a decision of a magistrate in an administrative case” belongs to the heading “Appeal”. Save the link to the document in social networks or download it to your computer.

In _____________________________ court
G. ________________________________

from ________________________________
___________________________________
Address: ____________________________

APPEAL
on the decision of the magistrate
(in a case of an administrative offense)

By decision of the magistrate of the __________ judicial district of the city _________
___________________________________ from "___"___________ ____ in relation to
(Full name of the magistrate)

A decision was made on _____________________________________.
The applicant does not agree with the decision of the magistrate _________________
partially/fully on the following grounds: ________________________________
__________________________________________________________________________.
(the grounds on which the person filing the complaint does not agree
with a decision made, with references to laws and other legal acts)

In connection with the above and in accordance with ___________________________
(indicate articles of regulations,

And also with articles 30.1, 30.7 of the Code of Administrative Offenses of the Russian Federation
on which the applicant bases
your requirements)

1. Cancel (change) the decision of the magistrate of the ___________ site
d. _______________ __________________ in relation to ____________________.
2. ______________________________ (for example, stop production on
this case).

Applications:
1. Copy of the appeal.
2. Receipt for payment of state duty.
3. A copy of the decision of the magistrate of the __________ district of the city ___________
from "___"____________ _____ g.
4. Power of attorney of the representative (if statement of claim signed
representative).

Applicant
(representative of the applicant) _______________________
(signature)
"___"___________ ____ G.



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The Code of Administrative Proceedings established the procedure and terms for appealing decisions in cases of administrative offenses. This right will help restore violated rights if the district court in the first instance made an illegal decision. Let's consider the structure and sample of an appeal in an administrative case.

The law does not establish the circle of persons who can file an appeal in an administrative case. Therefore they apply general rules legal proceedings that grant such rights:

  • Participants in the administrative process;
  • Persons whose rights were violated by the decision;
  • Representatives under the law who defend the rights of wards in court.

These can be both citizens of the Russian Federation and foreigners, refugees, persons with dual citizenship. They may also participate in the process commercial organizations, officials government agencies, representatives of public associations.

Deadlines for appeal

Can be submitted within 30 calendar days after its adoption at the court hearing. The law also provided exceptional cases, when the total period of protest is reduced to 10 or 5 days. They are regulated by Art. 298 CAS RF.

Missed by good reasons the deadline can be restored. For example, if there was long illness or cared for a sick dependent. To do this, it is necessary to draw up an application for extension of the appeal period, which describes the reason for the omission with written evidence attached.

The application can be submitted in person to the court where the disputed decision was made, or sent by registered mail with a list of the attachments. If the judge accepts the person’s arguments as justified, he will restore the period of appeal and accept the complaint against the court decision.

An appeal in an administrative case must be drawn up in compliance with formal requirements. It should not contain corrections, offensive expressions, or emotional epithets. This official document, which has a clear structure: introduction, content, conclusion.

Introduction – information section, which indicates:

  • the name of the court where the complaint is filed;
  • procedural status and details of the applicant, including place of residence and contact telephone number;
  • information about other participants in the process.
  • description of the case in which the contested decision was made;
  • reasons for the appeal and violations committed by the judge;
  • the applicant's requirements that he wants to achieve.

The emphasis must be placed on the illegality and lack of motivation of the arguments of the trial court, on the fact that the case was not considered comprehensively. Be sure to indicate the legal provisions confirming the violation of your rights and the judge’s error. List the circumstances that were not taken into account during the last meeting.

The final part is a list of attached documents on which the complaint is based.

The appeal is drawn up in two copies and submitted to the same court that made the decision or to higher authority. This can also be done through the official website of the court by filling out special form. Then additional documents must be scanned and attached as electronic files.

Sample appeal in an administrative case:

An example of drawing up an appeal.

To the regional court __________

(court address with zip code)

from the plaintiff (full name, residential address, telephone number)

Defendant ______

Appeal

______(date) in relation to me, an employee of the traffic police department ______(name) (full name of the inspector) drew up a protocol on an administrative offense dated ___ No.___ about exceeding the permissible speed limit. Based on the protocol, a decision was made and a fine of _ rubles was imposed.

The reason for initiating administrative proceedings was the recording of violations using special automatic photo and video recording devices. However, information about the violation was obtained in violation of the law and the procedure for collecting evidence.

Rules traffic contain warning signs 8.23 ​​“Photo and video recording” and 3.24 “Restriction maximum speed", which must be installed at the place of operation of the automatic device. These signs were not on the road at the time the offense was recorded.

In accordance with Art. 26.8 of the Code of Administrative Offenses of the Russian Federation, readings from automatic devices for recording traffic violations can be used as evidence if they are obtained in compliance with the law. Thus, the protocol administrative violation was drawn up illegally, since the readings of technical instruments cannot be evidence in the case. The court of first instance did not conduct a comprehensive investigation and made an illegal decision to refuse to cancel the decision of the traffic police inspector (full name) dated ____ No.____.

Based on the above and in pursuance of Article 295 of the CAS, I ask:

1. Cancel the decision of the district court of first instance No. ___ dated ___.

2. Recognize the decision imposing a fine dated __ No.__ as illegal.

Results of the complaint consideration

As a general rule, it is considered within two calendar months, with the exception of the consideration of the case Supreme Court RF – then the period will be 3 months. Article 305 of the CAS of the Russian Federation also establishes special deadlines for specific categories of cases.

The appellate judge, after considering the circumstances of the case, makes one of the following decisions:

  • Leave the complaint without action;
  • Return the application;
  • Satisfy the applicant's requirements;
  • Refuse to overturn the district court's decision.

If the judge finds errors in the complaint or considers the submitted set of documents to be incomplete, he will, within 5 calendar days after its filing, make a decision to leave the application without progress. It sets a deadline for eliminating the violations.

If the applicant does not correct the errors, the complaint is returned to him. Refunds also occur in other cases:

  • The appeal was not filed by the proper person;
  • The deadline for appeal has passed.

Before the court makes a decision, the applicant may withdraw the submitted appeal without giving reasons by drawing up a written refusal.

Based on the results of consideration of the complaint, a panel of 3 judges makes a decision to cancel or change the decision of the court of first instance, or refuse to satisfy the applicant’s demands. The appeal ruling can be challenged in the cassation court.



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