Challenge a court decision in an administrative case. Procedural deadlines for appealing under the Code of Administrative Offenses of the Russian Federation

1. An appeal or presentation may be filed within one month from the date of adoption of the court decision in final form, unless other deadlines are established by this Code.

2. Appeal, submission against a court decision in an administrative case challenging the law of the subject Russian Federation on the dissolution of the representative body municipality, about challenging legal act the highest official of a constituent entity of the Russian Federation (head of the highest executive body state power of a constituent entity of the Russian Federation) on the removal from office of the head of a municipality, on challenging the decision of a representative body of a municipality on self-dissolution or on challenging the decision of a representative body of a municipality on the removal of the head of a municipality from resignation may be filed within ten days from the date of the court decision in final form.

(see text in the previous edition)

3. An appeal, a submission against a court decision in a case challenging a normative legal act adopted by an election commission, or a normative legal act on the implementation of electoral rights and the right of citizens of the Russian Federation to participate in a referendum, which regulate relations related to this election campaign, referendum campaign, in the case of the protection of voting rights and the right to participate in a referendum of citizens of the Russian Federation, can be filed within five days from the date of the court’s decision.

3.1. An appeal or submission against a court decision in an administrative case on the immediate removal of a member of a precinct election commission, a referendum commission from participation in the work of the commission, the immediate removal of an observer or other person from the voting premises may be filed within five days from the date the court makes the decision.

4. An appeal or submission against a court decision on the placement of a foreign citizen subject to deportation or readmission in a special institution or on the extension of the period of stay of a foreign citizen subject to deportation or readmission in a special institution may be filed within ten days from the date of adoption court decisions.

5. An appeal or presentation against a court decision in an administrative case on administrative supervision may be filed within ten days from the date the court makes the decision.

6. Appeal, submission against a court decision in the case of hospitalization of a citizen in medical organization providing psychiatric care in an inpatient setting, on an involuntary basis, an extension of the period of hospitalization of a citizen on an involuntary basis, a psychiatric examination of a citizen on an involuntary basis, or hospitalization of a citizen in a medical anti-tuberculosis organization on an involuntary basis can be filed within ten days from the date of the court’s decision solutions.

If the parties do not agree with the results of the court in considering an administrative case, the legislation of the Russian Federation provides for a procedure for appealing the court decision. How to cancel acts of regional, world, city, arbitration and regional courts.

The procedure for appealing a court decision in an administrative case

If a judge in an administrative case makes a decision, it can be overturned through a special procedure - an appeal. The right of every citizen of the Russian Federation to appeal a district court decision 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 a case of administrative liability;
• representative of one of the parties;
• lawyer for the accused;
• Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs.

Please note that if a citizen of the Russian Federation is incapacitated, his interests must be represented by a legal representative. If the decision made does not satisfy one of the parties, the guardian can appeal it.

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

Appealing a regional court decision 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 an act that has not yet begun to be implemented, and one that has already entered into force. But only on the condition that it was adopted biasedly, 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 correctly and in accordance with the requirements of the legislation of the Russian Federation;
• copy of the protocol. Experienced lawyers recommend checking carefully this document so that the information from the original exactly matches the copies;
• a copy of the court decision, if the results were announced on the spot.

Appealing a decision of the magistrate's court in an administrative case

This procedure is provided for by the legislation of the Russian Federation and is an effective tool when trying to protect the rights and interests of one of the parties during legal proceedings. In addition, this norm 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 judge’s objectivity, seek a review of the case.

The main reasons why a person has the right 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 magistrates issue fines, despite the fact that the statute of limitations for applying such a measure has already expired. Here is one specific example of situations where it is quite possible to have the decision of the magistrate’s court overturned.

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

Appealing a city court decision in an administrative case

The decision of the city judge can actually be reversed by a higher authority. This procedure is carried out in cassation or in a supervisory court. The complaint should be filed with the regional or regional court. But the document must be drawn up in the correct way in order for it to be accepted for consideration.

The drafted claim describes the following information:

• the name of the body where you plan to file the complaint;
• information about the originator of the claim, as well as other participants in the process;
• information about the decision made;
• reasons for canceling the results of legal proceedings.

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

Appealing an arbitration court decision in an administrative case

There are different ways to get the decision overturned. Namely in:

• Appeal procedure. It is the first step for filing a claim, which sends the proceedings for review. The period within which you need to file a complaint with the court of first instance is 30 days. The countdown begins from the moment the decision is made. For legal proceedings that are carried out in a simplified manner, that period is reduced to 1 day.
• Cassation procedure. Thus, those decisions are being challenged arbitration court, which were considered up to that point in court of appeal. This right can also be exercised if the appellate judge refuses to restore the time limit for filing a claim. Appeal decisions are also overturned by cassation. The deadline for this is 60 days from the date of adoption of the act, during which time you need to file a claim in the court of first instance.
• Supervisory order. It is the last method of reviewing an arbitration court ruling. Thus, any act, including appeal and cassation, is subject to cancellation. The main thing is to fit within the deadline for filing a complaint - 90 days from the date of the judge’s last decision. The originator of the claim must send it to the highest judicial authority.

Each of the described methods of achieving the desired has its own time period for filing a claim, the specifics of its submission to the relevant body and its study. This fact is important to consider in the process of drawing up the document.

Appealing a regional court decision in an administrative case

The decision of the regional judge can also be challenged, for which you will need to contact the cassation court 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 cassation proceedings must 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 made.

The cassation appeal is drawn up in accordance with current norms and laws. It contains comprehensive information about the case being considered. It will be necessary to provide links to legislative norms that define the existing violation committed when making a court decision. This way you can increase your chances of a positive outcome.

Judge Supreme Court Russian Federation Nikiforov SB., having considered the complaint of Chudinov K.V. on the ruling of the judge of the Industrial District Court of Perm dated September 1, 2015, the ruling of the judge of the Perm Regional Court dated October 26, 2015 and the ruling of the deputy chairman of the Perm Regional Court dated December 25, 2015, issued in Chudinova K., which entered into legal force. IN. in a case of an administrative offense provided for in Part 3.1 of Article 12.5 of the Code of the Russian Federation on Administrative Offenses,

installed:

by the resolution of the traffic police inspector of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Perm dated July 14, 2015 (hereinafter also referred to as the official’s resolution dated July 14, 2015) Chudinov K.V. found guilty of committing an administrative offense under Part 3.1 of Article 12.5 of the Code of the Russian Federation on Administrative Offenses, and subjected to administrative punishment in the form of an administrative fine in the amount of 500 rubles (case file 3).

To this resolution Chudinov K.V. filed a complaint with a higher authority.

By the decision of the commander of company No. 2 of battalion No. 1 of the traffic police regiment of the State Traffic Safety Inspectorate of the Russian Ministry of Internal Affairs for the city of Perm dated July 30, 2015, the official’s resolution of July 14, 2015 was left unchanged (case sheet 12-13).

August 04, 2015 Chudinov K.V. a complaint was filed against the official's decision to the Dzerzhinsky District Court of Perm.

By the ruling of the judge of the Dzerzhinsky District Court of Perm dated August 7, 2015, the complaint of Chudinov K.V. sent for consideration under jurisdiction to the Industrial District Court of Perm (case file 5).

By the ruling of the judge of the Industrial District Court of Perm dated September 1, 2015, left unchanged by the ruling of the judge of the Perm Regional Court dated October 26, 2015 and the decision of the deputy chairman of the Perm Regional Court dated December 25, 2015, the complaint of Chudinov K.V. the decision of the official was left without consideration on the merits (case sheet 8, 19-20, 31-32).

In a complaint filed with the Supreme Court of the Russian Federation, Chudinov K.V. raises the issue of canceling the ruling of the judge of the Industrial District Court of Perm dated September 1, 2015, the ruling of the judge of the Perm Regional Court dated October 26, 2015 and the ruling of the deputy chairman of the Perm Regional Court dated December 25, 2015, citing their illegality.

Having studied the materials of the administrative offense case and the arguments of the applicant’s complaint, I come to the following conclusions.

In accordance with paragraph 3 of part 1 of Article 30.1 of the Code of the Russian Federation on Administrative Offences, a decision in a case of an administrative offense made by an official may be appealed by the persons specified in Articles 25.1 - 25.5.1 of the said Code to a higher body, a higher official or to the district court at the place of consideration of the case.

As follows from the case materials, the official’s decision dated July 14, 2015 imposing an administrative penalty in accordance with the said norm was appealed by K.V. Chudinov. to a higher authority, whose official left the specified resolution unchanged.

A subsequent complaint against the decision taken in this case was filed by K.V. Chudinov. to court.

Leaving this complaint without consideration of the merits, the district court judge proceeded from the fact that, in accordance with parts and 2 of Article 1 30.3 of the Code of Administrative Offenses of the Russian Federation, a complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy resolutions. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by the judge or official authorized to consider the complaint. From the content of the complaint it follows that the official’s resolution was received by K.V. Chudinov. July 17, 2015, and the complaint was submitted to the postal service organization on August 4, 2015, that is, after missing the ten-day deadline established by law, and a petition to restore the missed deadline for filing a complaint was not filed.

The higher courts agreed with the conclusions of the district court judge and the judicial act he adopted.

It is impossible to agree with the judicial acts adopted in this case.

By the provisions of paragraph 3 of Article 1 30.1 of the Code of the Russian Federation on Administrative Offences, persons specified in Articles 25.1 -25.5.1 of the said Code, including the person against whom proceedings are being conducted for an administrative offense, are entitled to file a complaint against the decision of an official persons to a higher authority, a higher official or to the district court at the place of consideration of the case.

In the event that a complaint against a decision of an official was filed and considered by a higher body, a higher official, a subsequent complaint can be filed in court, which is expressly provided for by Part 1 of Article 30.9 of the Code of Administrative Offenses of the Russian Federation, by virtue of which the decision in the case of administrative offense made by an official, and (or) the decision of a higher official on a complaint against this decision can be appealed to the court at the place where the complaint was considered, and then to a higher court.

By virtue of Part 3 of this article, the filing of subsequent complaints against a decision in a case of an administrative offense and (or) decisions on a complaint against this decision, their consideration and resolution are carried out in the manner and within the time limits established by Articles 30.2 - 30.8 of the Code of the Russian Federation on Administrative Offenses.

Thus, the exercise by the relevant person of the right to appeal a decision of an official in a case of an administrative offense to a higher body or a higher official does not exclude his right to further appeal such a decision to the court.

Persons specified in Articles 25.1 - 25.5.1 of the Code of the Russian Federation on Administrative Offenses cannot be deprived of the right to judicial protection guaranteed by Article 46 of the Constitution of the Russian Federation.

The fact that in the complaint filed with the district court, Chudinov K.V. raised the issue of canceling exclusively the official's decision dated July 14, 2015 and pointed out the fact of filing a complaint with the official at a higher authority with reference to the absence of any answers at the time of drawing up the complaint, which was not a basis for leaving the said complaint without consideration on the merits.

Submission by Chudinov K.V. complaints to the district court comply with the procedure for appealing rulings and (or) decisions in cases of administrative offenses established by Chapter 30 of the Code of the Russian Federation on Administrative Offences. The conclusions of the judge of the district court and higher courts are unfounded; the judicial acts adopted in the case cannot be recognized as legal.

As follows from the case materials, by the decision of the commander of company No. 2 of battalion No. 1 of the traffic police regiment of the State Traffic Safety Inspectorate of the Russian Ministry of Internal Affairs for the city of Perm dated July 30, 2015.

In this complaint Chudinov K.V. indicates that a copy of the said decision was served on him on August 3, 2015.

A complaint to the Dzerzhinsky District Court of Perm (by the ruling of which Chudinov K.V.’s complaint was sent for consideration under jurisdiction to the Industrial District Court of Perm) was filed by Chudinov K.V. August 4, 2015, that is, within the period established by Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation, by virtue of which a complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the decision.

Given such data, the case must be sent to the Industrial District Court of Perm to consider the complaint of K.V. Chudinov. essentially.

In accordance with paragraph 3 of part 2 of Article 30.17 of the Code of the Russian Federation on Administrative Offenses, based on the results of consideration of a complaint, protest against a decision in a case of an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests, a decision is made to cancel the decision in a case of an administrative offense , decisions based on the results of consideration of a complaint, protest and on returning the case for a new consideration in cases of a significant violation of the procedural requirements provided for by the said Code, if this did not allow a comprehensive, complete and objective consideration of the case.

Under such circumstances, the ruling of the judge of the Industrial District Court of Perm dated September 1, 2015, the ruling of the judge of the Perm Regional Court dated October 26, 2015 and the ruling of the deputy chairman of the Perm Regional Court dated December 25, 2015, issued in Chudinova K.V. in the case of an administrative offense provided for in Part 3.1 of Article 12.5 of the Code of the Russian Federation on Administrative Offences, are subject to cancellation, the case is to be returned to the Industrial District Court of Perm to consider the complaint of Chudinov K.V. essentially.

Based on the above, guided by Articles 30.13 and 30.17 of the Code of the Russian Federation on Administrative Offenses, the judge of the Supreme Court of the Russian Federation

decided:

complaint of Chudinov K.V. satisfy.

The ruling of the judge of the Industrial District Court of Perm dated September 1, 2015, the ruling of the judge of the Perm Regional Court dated October 26, 2015 and the ruling of the deputy chairman of the Perm Regional Court dated December 25, 2015, issued in Chudinova K.V. in the case of an administrative offense provided for in Part 3.1 of Article 12.5 of the Code of the Russian Federation on Administrative Offences, cancel.

The case will be returned for a new trial to the Industrial District Court of Perm.

Judge of the Supreme Court S B N i k i 0 V of the Russian Federation - F ° R

Articles of laws in Case No. 44-AD16-7

Code of Administrative Offenses of the Russian Federation
Code of Administrative Offenses of the Russian Federation
Code of Administrative Offenses of the Russian Federation
Code of Administrative Offenses of the Russian Federation
Code of Administrative Offenses of the Russian Federation

Citizens have the right to appeal not only decisions in civil and criminal cases, but also in administrative offenses. Since officials can be held administratively liable government bodies, and courts (both magistrates and district), 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 correctly draw up an appeal against a decision in an administrative case, where to send it and what is the procedure for its consideration.

All decisions can be appealed to the court

The Code of Administrative Offenses of the Russian Federation stipulates that the right to make a decision on finding someone guilty of an administrative offense belongs to the following entities:

• officials. For example, a traffic police inspector has the right, at the scene of an offense, to issue a resolution on an administrative violation, which will indicate: the essence of the traffic violation, article of the Code of Administrative Offenses RF and punishment in the form of a warning or fine. A citizen can appeal such a decision to a higher official (the head of the traffic police in the city or region) and then to the court, or directly to the court (district).
• collegial body. For example, by the commission for minors - usually for offenses related to improper performance of parental responsibilities (for example, under 5.35 of the Code of Administrative Offenses of the Russian Federation). If you disagree with the commission's decision, you must appeal it to the district court.
• magistrate. For example, the jurisdiction of the magistrate's court includes such violations for which the deprivation of a driver's license is possible. The decision of the magistrate can only be appealed to the district court.
• district judge. It's about about public order offenses for which administrative arrest is provided - for example, for drinking alcohol in a public place, petty hooliganism. The decision made 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 court. In addition, the district court considers appeals from citizens about disagreement with the actions of government bodies - the Federal Migration Service, bailiffs, Rosreestr, tax authorities, etc. Decisions in such cases are made in accordance with the CAS (Code of Administrative Proceedings) and can also be appealed.

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

• if this is a disagreement with a decision that was initially made by an official or a collegial body, then a complaint is filed with the court;
• if you appeal a decision or ruling of a court (magistrate or district), then this will be an appeal, that is, an appeal to a second court.

The parties can file an appeal - the applicant in administrative claims or an official whose actions are recognized as illegal; an offender who has been sentenced by the court, etc.

Deadline for appeal in administrative cases

The law provides different terms depending on the essence of the decision with which the author of the complaint does not agree:

• 30 days from the date of receipt of a copy of the decision in the administrative case regarding complaints against actions officials government agencies. It is important to understand that this period begins precisely from the day the copy is delivered, and not from the day the decision was announced. In extremely rare cases, the administrative plaintiff is given a copy of the full decision on the day of the hearing; usually the judge needs time (by law - up to 5 days) to prepare the document in final form. If the applicant sees some inaccuracy in the decision, but at the same time he agrees with the essence of the decision, within 30 days he can exercise 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 - you can submit an application to the judge within a month with a request to make an additional decision in which the errors will be corrected. The same can be done to eliminate ambiguities - if a party does not understand the decision for some reason, they can file an application addressed to the judge. After this, a determination will be made to clarify doubts and ambiguities.
• 15 days in similar administrative cases considered in a simplified manner - in cases where there is an application to consider the application without calling the parties, only by examining the documents. If the other party does not object to such an order, the court simply makes a decision and sends it to the parties, with a deadline for filing appeal for such an administrative case is reduced by half (15 days).
• 10 days on decisions on administrative offenses and sentencing in accordance with the Code of Administrative Offenses of the Russian Federation. The period within which a complaint can be filed is significantly shorter than in the previous situations mentioned. This is due to the fact that court decisions within 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 it, then his arguments should be considered by a higher court as quickly as possible in order to prevent unlawful imprisonment. For the same reasons, the law provides for the immediate sending of such materials to the appellate authority - right on the day the complaint is received.
• 5 days to decisions related to violations in the field of citizens' electoral rights - for example, when there is prosecution under Art. 5.46 of the Code of Administrative Offenses of the Russian Federation for forging voter signatures.

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

To the Krasnoarmeysky District Court of Saratov

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

Petition
on reinstatement of the missed deadline for appeal

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

Until now, I have not received a copy of the above resolution; at my request, 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 Code of Administrative Offenses of the Russian Federation,

Reinstate the missed deadline for appealing the resolution of the International Self-Regulatory Authority No. 1 of the Krasnoarmeysky District of Saratov dated June 28, 2020.

Calculate the period from July 30, 2020 - that is, from the next day after the copy was actually delivered to me.

Petrov V.A., 07/29/2020

The petition can be written separately (as in our example), or 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 government bodies in accordance with the CAS procedure - by the first instance.

If the petition is refused, the court makes 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 determination can be appealed, but the Supreme Court of the Russian Federation gave clarification on this matter: an appeal is possible according to general rules(Clause 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 with subsequent amendments).

How to write an appeal

Like any appeal, the complaint must contain:

• name of the court to which it is addressed. Let us remind you that when appealing decisions of the magistrate’s court, the district court must be indicated as the recipient, and if you disagree with the decisions of the district court, the regional court must be indicated.
• You must indicate your details, residential address and telephone number; you can also indicate your email address. If the decision affects someone’s rights, you can indicate the interested party (for example, if a decision to recognize the actions of the Federal Tax Service as legal is being appealed, this agency must be indicated);
• indicate in the text concisely and clearly 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 request that my complaint be considered 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 needs to do - cancel the previous decision, terminate the proceedings, change the decision.
• if there are additional materials that somehow support your position, copies of them should be attached. If you only refer to evidence that already exists in the administrative case, there is no need to add it again.
• don't forget to put a 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 for him.

Use our samples of an appeal in an administrative case:

To the Komsomolsky District Court of Angarsk

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

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

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

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

The magistrate indicated in her ruling that the evidence presented - 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 Code of Administrative Offenses of the Russian Federation.

The court found that A.M. Pivovarova, that is, I, while driving a technically sound Lada Granta car, no. 367 RPN, collided with a Lada Vesta car, no. 545 APN, driven by E.N. Kurakin. 06/24/3028, after which I fled the scene of the accident.

The court did not take into account the fact that the damage caused to E.N. Kurakin’s car was insignificant and almost invisible, and I did not 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 for which his guilt has been established. Irremovable doubts about the guilt of a person held administratively liable are interpreted in favor of this person.

In my opinion, the court violated the provisions of the above rule on the presumption of innocence. In addition, in accordance with Art. 30.7 of the Code of Administrative Offenses of the Russian Federation, proceedings in a case of an administrative offense are terminated if at least one of the circumstances precluding 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 Code of Administrative Offenses of the Russian Federation,

The decision of the magistrate of court district No. 3 of the Komsomolsky district of Angarsk dated June 28, 2020 is cancelled. Terminate proceedings in the case of an administrative offense under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation for lack of composition.

Pivovarova A.M., number, signature.

The given example concerns cases when a magistrate makes a decision on administrative liability. In practice, there are other situations: for example, when a decision on an administrative offense is made by an official, but the citizen does not agree and appeals it to the district court. If the court recognizes the decision as legal, the citizen has a chance to have the decision overturned by appeal.

For example, you were charged 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 were given a fine of 500 rubles. You do not agree with the fine and appealed it to the district court, which did not take your arguments into account. We are preparing an appeal:

To the Kirov Regional Court

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

Appeal

By the resolution of the River District Court of Kirov dated 07/04/2020, my complaint against the decision of the traffic police traffic police inspector for Kirov region about an administrative offense provided for in Part 1 of Article 12.29 of the Code of Administrative Offenses of the Russian Federation and the imposition of a fine in the amount of 500 rubles was rejected as unfounded.

I do not agree with the court’s ruling and ask that it be canceled for the following reasons.

On June 23, 2020, I was crossing the road at the intersection of Malysheva and Mosfilmovskaya streets, and was noticed by traffic police inspector A.P. Luganov, who recorded the offense I 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 was not feeling well and was rushing to the hospital on Mosfilmovskaya St., 9, as evidenced by an extract from the medical history and appointment with a neurologist dated June 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 agents can be If other circumstances are also recognized (in my case, health status), I may be sentenced to 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 hearing.

Based on the above, guided by Part 1 of Article 30.9 of the Code of Administrative Offenses of the Russian Federation,

Resolution of the River District Court of Kirov dated 07/04/2020 to dismiss the complaint of V.S. Plotnikov. to the decision of the traffic police inspector of the State Traffic Safety Inspectorate for the Kirov region on the administrative offense provided for in Part 1 of Article 12.29 of the Code of Administrative Offenses of the Russian Federation dated June 23, 2020, to be canceled as illegal and unfounded.

Send material about an administrative offense against V.S. Plotnikov. for a new trial in the same court with a different composition.

Plotnikov V.S., number, signature

Note that due to the length of time it takes to go through all the authorities, by the time the case is considered by 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 that the decision is cancelled.

The position of the Supreme Court of the Russian Federation is that even if the term for prosecution has expired, the question of the guilt of the offender must be resolved by the court.

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

When considering complaints against the actions of government bodies, courts make decisions in accordance with the Code of Administrative Procedure, which can also be appealed. Another sample 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 Federal Bailiff Service of Russia
in the Bryansk region Dmitriev K.A.

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

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

By the resolution of the bailiff of the Ministry of Defense of the Federal Bailiff Service of Russia for the Bryansk Region, Dmitriev K.A. On March 30, 2020, enforcement proceedings were initiated against the debtor A.K. Petrov, the recoverer of the amount of 300,000 rubles is me, A.A. Ryabinin. From the specified date to the present time, bailiff Dmitriev K.A. no actions were taken to collect the debt from A.K. Petrov. So, in violation of the requirements of Art. 80 Federal Law “On enforcement proceedings“, my application for the seizure of the debtor’s property and subsequent forced sale was ignored. In addition, the place of work of A.K. Petrov has not yet been established.

In this regard, I sent an administrative claim to the Fokinsky District Court of Bryansk to declare the inaction illegal and to 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 dated July 5, 2020, my arguments were ignored and my claim was denied.

I believe that the court’s opinion does not meet the requirements of legality and validity, since the factual circumstances established in court hearing. Thus, I have provided a copy of the application addressed to the bailiff about the need to take steps 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 make a decision on whether to satisfy the claimant’s application or to refuse to satisfy it. In violation of this rule of law, bailiff Dmitriev K.A. did not make any decision and did not communicate it to me as the applicant.

Since the court did not take these facts into account when making the decision dated July 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 circumstances relevant to the case;
• discrepancy between the court's conclusions and the circumstances of the case established at the court hearing.

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

decision of the Fokinsky District Court dated 07/05/2020 to leave the administrative claim of Ryabinin A.A. without satisfaction, cancel it as illegal, send the case materials to the Fokinsky District Court for a new trial 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 addressed correctly, whether you have contacts, whether the state fee has been paid. Unlike cases of administrative offenses (there is no state fee), complaints against court decisions regarding legality or illegality public services and bodies in accordance with the CAS procedure are accepted for consideration when paying a state fee of 150 rubles(half of the amount that must be paid when filing the initial administrative claim).

Appeal review

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

For example, in appealing 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, can file an objection. In cases of challenging the actions of officials - the bailiff and the debtor, as in our previous example. Objections can also be submitted by victims, if there is one in the case.

During the preparation process, the judge also resolves other organizational issues:

• are there grounds for sending the case to another court of jurisdiction - for example, when appealing a decision of a magistrate in one district, the complaint materials were sent to the district court of another district;
• on requesting additional materials related to the examination case, calling other persons whose interview is necessary for an objective consideration;
• Are there any grounds for refusing to accept the complaint due to missing the deadline for appeal and in the absence of a petition for its restoration.

If everyone is present 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 challenging the actions of government bodies, materials are sent to the regional (territorial) court after the appeal period has expired (that is, 1 month from the date of the decision).

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

• in cases of challenging the actions of officials of state bodies (in accordance with the CAS procedure) – 2 months from the date of receipt of the complaint by the regional court. From this general rule there are exceptions - for example, in cases of violation of electoral rights, complaints are considered no later than the day following the date of receipt of materials by the office of the regional court; in cases of deportation of a foreign citizen - within five days; based on materials about forced hospitalization in a psychiatric hospital - within one month.
• in cases of appealing decisions of a lower court related to bringing persons to justice under the Code of Administrative Offenses of the Russian Federation - 1 month from the date of receipt of the case for appeal (exceptions - administrative offenses related to election 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.

All persons related to the case are notified of the day of the hearing by summons, and their appearance is checked on the day of the hearing. The absence of any of those summoned does not prevent the consideration of the complaint if there is confirmation 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, and send the decision by mail.

Directly at the court hearing by the court:

• the powers of the persons who have 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 participation in the appellate instances is included in the list of rights, whether its term has expired);
• participants are explained the rights and responsibilities - they are standard for legal proceedings in general - to comply with the rules, answer the presiding officer’s questions while standing, ask questions with the permission of the court, file motions and challenges, etc.;
• it is announced what kind of complaint and what decision (resolution) was received, its essence;
• the content of objections filed by the other party is brought to the attention of the participants;
• petitions from participants are allowed (for the inclusion of additional evidence, documents, for the interrogation of additional witnesses, for the collection of data from government bodies or the appointment of examinations);
• explanations of the parties are heard, the case materials are examined.

To learn about the intricacies of considering appeals, watch the video:

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. To leave the decision of the lower court unchanged (when conclusions have been made about its legality and validity and the appellant’s arguments have not been confirmed).
2. To change the decision on an administrative offense, but only if the person’s situation 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 first instance ordered arrest for 5 days, the appeal does not have the right to change the punishment and assign 10 days.
3. On the cancellation of the decision and on the termination of proceedings - for example, if there is evidence of insignificance in accordance with Art. 2.9 Code of Administrative Offenses of the Russian Federation.
4. If the appeal is rejected, the appeal proceedings are terminated. In administrative cases challenging the actions of state bodies, termination is possible upon receipt of a refusal of the administrative claim, recognition of the claim by the defendant, as well as upon a settlement agreement.
5. On leaving a complaint without consideration - for example, when a complaint is filed by a person who does not have the right to do so.
6. To cancel the appealed decision and send it for a new trial - in cases where the court of second instance cannot make 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 proclamation, and can subsequently be appealed in cassation.

Appealing a district court decision, as a procedure, depends on what kind of decision needs to be challenged and in what procedural order it was made.

District courts are the first instance of courts of general jurisdiction and the court of appeal in relation to justices of the peace. They consider civil, administrative and criminal cases on their merits. Accordingly, to appeal a certain decision it will be necessary to apply the relevant procedural norms - the Civil Procedure Code, the Code of Administrative Offenses, the CAS and the Code of Criminal Procedure. Of no small importance, especially in civil process, has a decision-making procedure: simplified, special and absentee proceedings have their own specifics of challenging decisions made within the framework of such productions.

Civil process

In order to properly appeal a district court decision in a civil case, you must first determine in what proceedings the decision was made, and whether there is any in this case Features of appealing decisions.

District courts, depending on the category and specifics of civil cases, have the right to consider them in the following order:

1. Claim proceedings.
2. Absentee production.
3. Simplified production.
4. Special production.

For claim proceedings, the general procedure for appealing decisions made by district courts applies. It also applies to other types of production, but taking into account their specifics and, if established, according to special rules.

General scheme:

• The first stage is an appeal (Chapter 39 of the Code of Civil Procedure).
• The second and third stages are the first and second cassation (Chapter 41 of the Code of Civil Procedure).
• The fourth stage is supervision (Chapter 41.1 of the Code of Civil Procedure).
• If there are grounds (new, newly discovered circumstances), revision is allowed court decisions, which is not formally an appeal procedure, but is often used as such.

Absentee proceedings

Default decisions are decisions made in the absence of a defendant who did not want to appear in court or was unable to do so, but did not report good reasons ah failure to appear in court. Such decisions are made very often and have some appeal features at the initial stages:

1. Within 7 days from the date of delivery of a copy of the decision, the defendant has the right to cancel it by filing a corresponding application with the district court that adopted the contested decision. The basis for canceling the decision and thus resuming proceedings in a civil case is a set of conditions:

• the defendant did not appear in court for valid reasons;
• the defendant did not have the opportunity to promptly inform the court about the existence of valid reasons for failure to appear;
• the defendant has circumstances and their confirmation that can affect the course of the process and the decision-making, which is why, first of all, it is necessary to resume the proceedings.

1. If the opportunity to cancel the default judgment was not used by the defendant or his request was refused, then the default judgment is subject to appeal. Both the defendant and the plaintiff have the right to appeal. 1 month is allotted for this from the date of expiration of the defendant’s right to cancel the decision or from the date of the decision to refuse to resume proceedings.

Other procedures for appealing a decision in absentia - cassation, supervision, review based on newly discovered circumstances - are carried out according to general rules and have no specifics.

Simplified proceedings combine some features of the writ proceedings of magistrates, but are carried out, in general, according to the rules of claim proceedings, with a number of exceptions.

Decisions made in simplified proceedings relate to claims up to 100 thousand rubles for the recovery of money, for the recovery of property and for the recognition of property rights. Another category of cases are claims in which claims are based on documents about the monetary obligations of the defendants, recognized by the latter, but not executed, or on documents about debts under contracts.

Administrative cases, disputes affecting the rights of children, cases of special or writ proceedings, as well as those related to state secrets are not considered in a simplified manner.

The simplified procedure involves the court making a decision only in the form of its operative part. And only at the request of the participants in the process or when filing an appeal is the decision drawn up in full - a reasoned decision.

There are no special procedures for challenging decisions made in a simplified manner. But there are specifics to appealing. 15 days are allotted for this from the date of adoption of the appealed decision, and when drawing up a reasoned decision - the same amount, but from the date of adoption of the decision in its final form. You have 5 days to apply for a reasoned decision, and the court has the same amount of time to draw it up. These deadlines also need to be taken into account.

Cassation, supervision and review of cases based on newly discovered circumstances are carried out in a general manner and have no specifics in relation to decisions made in summary proceedings.

Special production

In special proceedings, only specific categories of cases are considered:

• establishment of legal facts;
• adoption;
• recognition as missing or dead;
• recognition as incompetent, partially capable, establishment of property restrictions in relation to minors;
• emancipation;
• restoration of rights to securities;
• cases of ownerless property;
• compulsory psychiatric examination and placement in a hospital;
• appeal of notarial actions;
• restoration of judicial proceedings;
• making changes and corrections to the records of civil registry offices.

As such, there is no specificity in appealing decisions made within the framework of special proceedings. But, taking into account the peculiarities of certain categories of cases, the decision on them can be de facto revised if the circumstances that served as the basis for its adoption disappear. For example, a person deprived of legal capacity or limited in it can be fully restored to his rights. Decisions regarding recognition as dead or missing if a person was found or he himself showed up are subject to revision by submitting new demands to the court. However, most cases are appealed and reviewed in the general manner - appeal, cassation, supervision. And there are no specific actions here.

Before appealing a district court decision in an administrative case, you need to determine in what order it was made. Administrative cases are, in fact, two large categories of cases. Some (administrative offenses and everything connected with them) are considered according to the rules of the Code of Administrative Offenses of the Russian Federation. Others are considered according to the rules of the CAS of the Russian Federation. These include cases related to public administrative legal relations - in other words, everything related to challenging actions, inactions, decisions of authorities and officials.

Judicial decisions (rulings) on administrative offenses are challenged in a higher court - the court of a constituent entity of the federation. The complaint must be filed within 10 days from the date of delivery/receipt of a copy of the appealed decision. In cases related to violations of electoral legislation and rights, the same period has been reduced to 5 days. The period for consideration of the complaint and case materials is 2 months from the date of receipt of the materials by the higher court. Some cases are considered on an expedited basis (for more details, see Article 30.5 of the Administrative Code).

The CAS RF provides for a slightly different procedure for appealing decisions of district courts. First, you need to determine whether there are any specific features of challenging decisions in certain categories of cases:

• For many cases, taking into account their specifics, their own procedure is provided. And although in most cases there are no specifics for challenging decisions of district courts, one must still take into account the likelihood of exceptions to the general rules.
• There are nuances of appealing decisions made within the framework of simplified (written) proceedings. The deadline for filing an appeal is 15 days.

General appeal scheme:

1. Appeal to a higher court. The general period is 1 month from the date of adoption of the appealed decision in final form. But there are many exceptions: firstly, you need to take into account the rules for determining deadlines established by Art. 298 CAS, secondly, in some cases, other articles of the CAS may also provide for periods that differ from the standard one month.
2. Cassation (Chapter 35 CAS).
3. Supervision (Chapter 36 CAS).
4. Revision based on newly discovered or new circumstances (Chapter 37 CAS).

In general, the procedure for appealing decisions of district courts is quite similar to the civil procedural procedure (CCP).