Material checked by Expert: Anastasia Tabalina
Experienced lawyer, auto lawyer. Legal assistance in case of deprivation of a driver's license.
Traffic police officers are responsible for law and order and discipline on the roads and are also obliged to comply with the rules established by law. In the event of a controversial situation, every citizen should know where and how to complain about the traffic police, because sometimes the actions of road inspectors are not entirely legal. It is very important to respond in a timely manner to the illegal actions of a government official in order to prevent similar situations in the future.
What are the powers of traffic police officers?
To avoid awkward moments, you need to know what powers and restrictions are vested in representatives of this government body:
- Each guard may require to show him documents certifying the ownership of a vehicle and a driver's license.
- The inspector has the right to temporarily confiscate these documents if the driver’s intoxication is proven.
- A traffic cop can stop a car only in a place that does not contradict traffic rules. If there is a “no stopping” sign next to the patrolman, the patrolman’s actions are considered illegal.
- The inspector has the right to ask the driver to show the contents of the trunk when there are objective reasons for this (for example, a signal was received about the possible transportation of drugs).
If one or more of the above actions were applied to the driver, then there is no point in complaining about the employee.
Attention:
If the applicant is convicted of libel, he will face criminal liability.
Where to complain about the traffic police
It is necessary to make complaints against the work of the police, taking into account the circumstances under which the violations occurred.
Where to write a complaint to the traffic police? For example, if a driver becomes a victim of lawlessness committed by a police officer, resulting in a beating for no apparent reason, then a complaint is filed with the prosecutor’s office.
And if a citizen driving a vehicle believes that his rights have been violated as a result of incorrect classification of events related to the imposition of an administrative penalty in the form of a fine, then he should go to court.
In such circumstances, it is necessary to write a complaint against the decision to impose administrative liability in the form of a fine.
In other words, it is necessary to take a balanced approach to deciding where to address problems of the legality of actions or inactions of police officers.
It is imperative to take into account the nature and extent of the violation. Otherwise, you can go for a long time to different authorities in search of the truth.
To avoid such situations, it is best to use the services of a lawyer. Call us and we will answer all your questions.
How to file a complaint against a traffic police officer? This can be done in person, through the reception, or sent by mail, registered mail with notification and a list of attachments.
What could be a reason for complaints?
There are many potential situations in which the truth remains on the driver's side. Moreover, the reason for a complaint can be not only an attempt to break the law, but also the unjustified inaction of a traffic cop in a critical situation.
The most common employee violations:
- Any groundless violation of the rules established by law (except for the performance of official duties, for example, chasing a criminal);
- Requiring the driver to stop in an unauthorized/prohibited place, unless this is required by clause 88 of the statutory regulations.
- Unlawful interference in personal space and inspection of a citizen’s personal property;
- Violation of the rules for conducting a driver examination for alcohol or drug intoxication.
A claim made against an employee will be valid only if the guard has documented and issued a corresponding decision. All complaints are considered exclusively in court with a thorough verification of the details of the incident. If it is proven that a police officer violated the law, then all fines and arrests against the driver will be automatically canceled.
Telephone numbers where you can make a complaint
During the reorganization of the work of government bodies, the State Traffic Inspectorate created a toll-free line for citizens to contact them by telephone. This number is intended both for complaints about traffic police and for clarifying information about violations and fines. The call is completely free for residents of any region of the Russian Federation, and all conversations are recorded for security purposes.
Question:
Can I be refused consultation if I contact the hotline from outside Moscow?
Answer:
Employees of the traffic police trust service are obliged to accept each application for consideration and provide qualified advice on all issues that arise, regardless of the region of residence.
Where and how to complain
The easiest way is to immediately call the hotline number indicating the name and position of the employee who has exceeded his authority. The fact of the violation will be recorded and at the same time an internal audit of the inspection employee will begin. In addition, you can submit an application to the following authorities:
- Prosecutor's office - if it is necessary to bring a police officer to criminal liability;
- Court - if you need to prove the illegality of actions on the part of the state traffic inspector and cancel their consequences;
- Control and preventive department of the traffic police - to conduct a thorough internal check on the employee.
- Reception area of the regional ombudsman - if there is an obvious corruption conspiracy.
In order for the application against the violator to accurately achieve its goal, it is better to use a paper version of the form and personally take copies to each authority.
How to properly file a complaint
When drawing up a written request, you must indicate:
- Clearly formulated complaints against the traffic police officer;
- Reception address and personal details of the person in charge;
- Copies of written statements of witnesses and photographs of evidence, if available;
- Applicant’s passport details, personal signature and date of document preparation.
If there are witnesses to the incident who are ready to speak in defense of the applicant, then their testimony should also be used.
On a note:
Ready-made forms can be downloaded from the official website of the traffic police or you can draw up the document manually. It is also possible to file a complaint online against the actions of a law enforcement officer.
You can download a sample complaint in pdf format.
The text should be as informative and understandable as possible, without expressing personal emotions. The actions of the employee who violated the rights of a citizen are listed in order and then the desired result is indicated (recognize the fine as invalid, apply disciplinary punishment to the employee, etc.).
Complaints containing threats and obscene language will not be accepted for consideration without providing reliable information.
How to write a complaint to the inspector's superiors
To do this, just apply and print it in two copies. The completed papers must be taken to the nearest traffic police department located at the place of the offense. The employee on duty is required to stamp both forms and take one copy to hand over to the manager.
You can also use a special section for submitting citizens' complaints on the official website of the traffic police. The applicant must fill out an online form indicating the same information as in the written application. Please note that an anonymous complaint about Filing a complaint to the prosecutor's office
To draw up an application to the prosecutor's office, you must follow the same rules as in the previous paragraph. When filing a complaint online, you should go to the website of the Prosecutor General's Office of the Russian Federation and follow three simple steps:
- Select from the list the region where the violation was recorded and the regional prosecutor;
- Fill in the fields with reliable information, starting from personal data and ending with a statement of the essence of the appeal;
- Check the box to consent to the processing of personal data.
Question:
If an accident occurred due to the fault of a state traffic inspector, is it possible to contact the prosecutor's office?
Answer:
in such a situation, it is better to go to court, attaching evidence of the guilt of the traffic police officer to the application.
Complaint to the State Traffic Safety Inspectorate
To receive complaints from persons who have suffered as a result of the actions of a State Traffic Inspectorate employee, there is an Internet appeals page for the Russian Ministry of Internal Affairs service. Among the authorities listed on the service, you must select the Main Directorate of Internal Security. The applicant will first be asked to familiarize themselves with the rules for submitting documents and possible criminal liability for libel.
You can download a sample complaint in Word format.
Submitting an application online to the reception office of the President of the Russian Federation
In this case, the victim must go to the appeal website, select the “write a letter” option and fill out the online form.
Note:
Among the proposed options, you need to select the addressee - “Administration of the President of the Russian Federation.”
Resolving a controversial issue through going to court
In this case, you can fill out the form using the official form or ask a qualified lawyer for help. The main requirement for the application is the availability of personal data of both parties, testimony of witnesses and a detailed description of the incident. Often the court orders an independent examination to clarify the situation. On its basis, the final decision on a controversial issue is made.
What documents are needed?
The law does not specify the exact list of necessary forms that will be required to substantiate the filing of a complaint against a traffic police officer. However, it is better to have evidence of violations committed by inspectors.
The following can be attached to the complaint:
- written evidence - this can be diagrams of the accident scene, drawn up protocols that reflect the citizen’s objections;
- material evidence, this includes the opinion of independent experts;
- other evidence (information from materials on administrative or civil cases).
In addition, you can invite witnesses who were present at the time of the unlawful actions of traffic police officers who are ready to confirm the applicant’s words.
Also, when drawing up a complaint, you need to know information about the official whose actions violated the rights and interests of the citizen. Typically, such information is entered into the protocol (full name, position and ID number of the inspector). If it is impossible to identify the necessary information from the available documents, you can contact the traffic police to obtain the necessary data.
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What penalties apply to traffic police officers?
There are several bodies that regulate the activities of the State Traffic Inspectorate, these are:
- Investigative Committee of the Russian Federation;
- Prosecutor's office;
- Department of Internal Security under the Ministry of Internal Affairs;
- Persons holding management positions in the internal structure of the State Traffic Inspectorate.
Any of these bodies can use punitive methods of varying severity in relation to traffic police officers. In addition, every disciplinary action against a traffic cop is entered into his personal file.
Time frame for considering a complaint against a traffic police officer
According to the Federal Law “On the Procedure for Citizens to Appeal to State Bodies,” the period for considering complaints from the population is 30 working days from the date of filing the application. In some cases, this period may be extended by another 30-40 days.
Question:
How do I know if my application has been accepted for consideration or not?
Answer:
To track the status of the application, you need to use the contact phone number or website of the organization to which the complaint was filed.
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