PROTECTION IN ADMINISTRATIVE CASES

It is difficult to independently protect your rights when considering cases of administrative offenses. Legislation and law enforcement practice have many nuances that are unknown to most citizens. That is why, in order to protect your interests, you should seek the help of an administrative lawyer.

Traffic violations

Responsibility for violations in the field of traffic is established by the norms of Chapter 12 of the Administrative Code of the Russian Federation. The driver's rights, in respect of which an administrative protocol has been drawn up, may be violated at any stage of the proceedings. Most often this is expressed in the following:

● Violations in the preparation of the protocol. Often, traffic police officers incorrectly issue a document. The time and place of the violation may not be specified. A citizen may not be familiar with the protocol. Often he is not handed a copy of the paper. Incorrect presentation of the actual circumstances of the event of the offense is also not uncommon.

● Violations at the trial stage. Often the rights of the violator are infringed already in court. Thus, justices of the peace often violate the deadlines established by law and the procedure for reviewing the protocol, unreasonably refuse to satisfy petitions (for example, to call a witness).

In such situations, it is necessary to file a complaint to the leadership of the Ministry of Internal Affairs or to a higher court. Most drivers can't do it competently. As a result, the complaint is not satisfied.

The consequences in this case can be very serious. After all, for many violations established by Chapter 12 of the Administrative Code of the Russian Federation, punishment is provided in the form of deprivation of a driver's license for a certain period (leaving the scene of an accident, driving under the influence of alcohol, refusal of examination, and others).

In order not to bring the case to such unpleasant consequences, it is worth seeking help from an administrative lawyer. He will help:

● avoid punishment by having the administrative case terminated on one of the grounds provided for by law;

● if it is impossible to avoid responsibility, mitigate the punishment as much as possible;

● ensure that the legality is observed at all stages of administrative proceedings and the rights of the attorney are not violated.

As a result, the adverse consequences for the violator are minimized.

Appeal against actions of government officials

Today, appeals against the actions of civil servants and some other cases are regulated by the Code of Administrative Procedure (CAS of the Russian Federation). This includes challenging:

● decisions or inaction of state authorities, municipalities;

● decisions of executive bodies of non-profit organizations;

● conditions of detention of convicted persons;

● actions violating the electoral rights of a citizen;

● actions of judges delaying the consideration of the case.

To initiate the process on any of the listed grounds, it is necessary to make a statement of claim. The requirements for its form and content are established by Article 125 of the CAS of the Russian Federation. But it can be difficult for a person without knowledge of law to understand it. As a result, the application is drawn up incorrectly and it is returned. To prevent this from happening, you should seek the help of an administrative lawyer.

Professional assistance is also needed at the trial stage. As a rule, state bodies whose actions are appealed by a citizen, send to court officials who have not committed a violation, but employees of the legal department. It can be difficult to prove your case without proper preparation. As a result, the complaint is not satisfied, the violated rights are not restored.

Tax collection proceedings

The Federal Tax Service has the right to apply to the court for the recovery of tax payments, fines and penalties. Based on the results of such an appeal, a court order is issued. The case on its issuance is considered administrative and is regulated by the CAS of the Russian Federation.

The rights of a citizen may be violated:

● When calculating the amount of funds to be recovered. Mistakes of employees of the Federal Tax Service are not uncommon. An application for an amount that does not correspond to reality may go to court. A citizen can find out about this only after receiving a court order.

● When defining deadlines. The Federal Tax Service may apply for a court order even if the deadline for collecting mandatory payments has expired. And not to notify a citizen about it.

● When considering the application of the Federal Tax Service. The court may grant an unsubstantiated application or issue a court order containing errors.

All these cases require filing a complaint against the actions of representatives of the Federal Tax Service or a judge, objections to a court order. It can be difficult to make them correctly without the help of a professional lawyer. Therefore, here, too, we need the help of an administrative lawyer.