Sample appeal in an administrative case. Appeal against a court decision on kas sample

To the Chertanovsky Interdistrict Court of Moscow

on behalf of the citizen brought to administrative responsibility. B.,

residing: Moscow, st. Krasnogo Mayak, 19

Appeal

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

By the decision of the magistrate of judicial district No. 229 of the Chertanovo-Tsentralnoe district of Moscow K. dated November 19, 2006, I was found guilty of committing an administrative offense under Part 2 of Art. 12.8. Code of Administrative Offenses of the Russian Federation and I was sentenced to deprivation of the right to drive a vehicle for one year and six months. The Magistrate's Court found that on October 20, 2006, at 3:20 a.m., I handed over control of the VAZ-2106 vehicle belonging to me. E 033 EU 97 region, to his son, B.V.V., who was intoxicated.

However, this decision was made illegally and unfounded for the following reasons. According to Part 1 of Article 1.5. Code of Administrative Offenses of the Russian Federation “... a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established...” However, I am guilty of committing this administrative offense, provided for in Part 2 of Article 12.8. The Code of Administrative Offenses of the Russian Federation was not established. The decision taken by the court was based only on the protocols drawn up by the police officer, which confirmed not my guilt, but the guilt of my son B.V.V., who was brought to administrative responsibility.

At the court hearing, the contradictions that existed were not eliminated. Due to my ignorance, legal illiteracy in terminology, I said that I admit guilt, but I did not understand what exactly. In my explanations, I actually do not admit guilt (from the judge’s decision “... she admitted guilt in the offense committed and explained that on October 29, 2006, her son, B.V.V., without asking her, took the keys to her rightfully owned ownership of the car. She didn’t know about it because she was sleeping..."). Why didn’t the judge pay attention to this and eliminate these contradictions with additional questions and explanations of what an admission of guilt means?

My son was not called to the court hearing to give explanations, but it is on the basis of his and my explanations that the only correct conclusion can be drawn about the presence or absence of my guilt in committing an administrative offense provided for in Part 2 of Art. 12.8. Code of Administrative Offenses of the Russian Federation.

From the subjective point of view, the offense provided for in Part 2 of Article 12.8. The Code of Administrative Offenses of the Russian Federation can be committed in the form of intent, both direct and indirect, that is, the person is aware of the illegality of his actions, desires their commission or consciously allows them. But my actions (inaction) lack not only intent, but also lack of caution. I never let my son drive the car, I never wrote him a power of attorney. My car keys were in my purse. I couldn’t know that my son would take the car without my permission. I didn’t see how this happened because I was sleeping, which confirms the late time, 3 am. Would I, as a mother, give the keys to my son, who is intoxicated, and thereby push him to commit illegal actions that could lead to his death.

I believe that the magistrate’s court’s conclusion about the presence of guilt in my actions (inaction) is not justified, is not based on the materials of the case, and the decision itself is illegal, which should be canceled. In accordance with Art. Art. 30.1-30.3 Code of Administrative Offenses of the Russian Federation,

I beg

Resolution of the magistrate of judicial district No. 229 of the Chertanovo-Tsentralnoe district of Moscow K. dated November 19, 2006, by which I was found guilty of committing an administrative offense under Part 2 of Art. 12.8. Code of Administrative Offenses of the Russian Federation and I was sentenced to deprivation of the right to drive a vehicle for one year and six months - cancel.

_____________ (B.)

"_______"____________ 2006

An appeal against a court decision in a civil case, taking into account recent changes in legislation. Find out the rules for filing an appeal, download a sample complaint, including a completed one, read an example of an appeal, ask questions about its preparation to lawyers.

What is an appeal against a court decision?

An appeal is a complaint against a court decision that has not entered into legal force.

An appeal is filed if there is disagreement with the court decision. May be filed against decisions of any courts considered at first instance. Such a complaint can be filed against decisions of justices of the peace, district and city courts, regional, regional and republican courts, as well as decisions of the Supreme Court of the Russian Federation.

Persons who participated in the consideration of the civil case can file an appeal. Other citizens can file a complaint only if the decision will affect their rights and obligations; they will have to justify this fact in detail in the text of the complaint (article of the Code of Civil Procedure of the Russian Federation)

The appeal is considered by a higher authority - the court of appeal. The list of appellate courts is given in the article of the Code of Civil Procedure of the Russian Federation. Based on the results of consideration of the complaint, the decision may be cancelled, changed or left unchanged. The result of the consideration of the complaint is formalized by an appeal ruling. The issuance of an appeal ruling means the entry into force of a court decision.

The decision of the district court can be appealed to a higher court within 1 month from the date of its adoption. The period begins to run from the moment the reasoned decision is made. Usually, at a court hearing, the judge announces only the operative part of the decision, postponing the preparation of the full decision for up to 5 days. The judge announces the date of production of the decision in final form when announcing the decision at the end of the court hearing. If this is not done, you need to clarify the date of production of the reasoned decision in court when receiving a copy of the decision.

Note!

How to file an appeal against a district court decision

An appeal is drawn up after receiving and studying a reasoned court decision. This will allow you to understand the logic of the court when making a decision, evaluate its arguments and criticize the circumstances established by the court. Without a reasoned decision, the appeal will be superficial and meaningless.

Sometimes, if the court delays making a reasoned decision, a short appeal is drawn up, which formally should take into account all the requirements for the appeal, but may not contain a complete substantiation of the applicant’s position. Such a complaint is drawn up in order not to miss the deadline for appeal. Then it will be possible to draw up an additional appeal, already with a full justification of the position of the applicant of the complaint.

Heading of the appeal against the court decision

The appeal must indicate the name of the court where it is filed. The name of the court for appeal is usually indicated at the end of the court decision, as follows: “The court decision can be appealed within 1 month to ..... court.” If this name is not indicated, you can always find it yourself. Thus, decisions of district and city courts are appealed to regional, regional, and republican courts. For example, in the Moscow region, appeals are filed with the Moscow Regional Court, in the Krasnodar Territory - with the Krasnodar Regional Court, and in Tatarstan - with the Supreme Court of the Republic of Tatarstan. In St. Petersburg and Moscow, appeals against decisions of district courts are filed with the St. Petersburg or Moscow City Court, respectively.

The appeal shall contain the full details of the applicant filing it. This is the last name, first name and patronymic without abbreviations, sounding as indicated in the passport. This is the address of the applicant’s place of residence or location; to this address the court will send notice of the time and place of consideration of the case in the appellate instance.

The complaint must indicate its name - so that the court has no reason to mistake it for another document. The court decision that is being appealed must be indicated. The name of the court decision must contain the date the decision was made, the name of the court that issued it, the details of the plaintiff and defendant, and the essence of the plaintiff’s claims. The name of the solution is usually written in the installation part of the solution before the words: “Installed”. For example, the decision of the Tverskoy District Court of Moscow dated June 17, 2016 in a civil case on the claim of Ivan Ivanovich Ivanov against Petrov Petrovich for the collection of debt under a loan agreement.

Contents of the descriptive part of the appeal

In the descriptive part of the appeal, it is necessary to provide the reasons why the applicant does not agree with the court’s conclusions and considers the court’s conclusions to be incorrect.

When writing a narrative, you can simply describe why the court decision seems to the applicant to be illegal and subject to change or cancellation. But it is better to take as a basis the grounds for canceling the decision listed in the article of the Code of Civil Procedure of the Russian Federation. Having found suitable grounds for cancellation, you can fill them with content, taking into account the specific circumstances of the civil case.

There is no need to reiterate the court's decision in the appeal. It is already in the case, the judges on appeal will definitely familiarize themselves with it; citing excerpts and quotes from the decision will simply clutter the text of the complaint and make it difficult to understand. Try to make the descriptive part brief, in essence, so that it is clear what points the court of second instance should pay attention to, what exactly the applicant does not agree with. From the practice of lawyers, a good content of an appeal would be a text of no more than 3 pages of printed text.

Requirements in the appeal

After the grounds for cancellation, the text of the appeal must contain the requirements stated by the submitter of this complaint. Requirements cannot be arbitrary. they must comply with the powers of the appellate court (Article of the Code of Civil Procedure of the Russian Federation). It is better to bring your requirements completely identical to those. which are specified in the law.

Thus, in an appeal, the following demands can be made:

  • cancel the decision of the court of first instance completely and make a new decision in the case;
  • cancel the decision of the court of first instance in part and make a new decision in the case;
  • change the decision of the court of first instance in whole or in part and make a new decision on the case;
  • cancel the decision of the court of first instance completely and terminate the proceedings;
  • cancel the decision of the court of first instance in part and terminate the proceedings in part;
  • cancel the decision of the court of first instance in whole or in part and leave the application without consideration in whole or in part.

When a partial cancellation or change of a court decision is required, the appeal indicates in which part the applicant requests to cancel or change the court decision.

The above requirements correspond to the powers of the court of second instance, other demands cannot be stated, this will contradict the requirements of the procedural law and they cannot be considered by the court of appeal.

The requirements in the appeal are indicated after the words: “I ask.” It is better if several requirements are numbered and divided among themselves. If a new decision is required in the case, then the applicant must indicate in the requirements how it should sound. For example: “Make a new decision on the case, in which the plaintiff’s claims are completely rejected.”

Documents attached to the appeal under the Code of Civil Procedure of the Russian Federation

After the demands of the complainant, it is necessary to list all the documents attached to the appeal, and copies of the complaint must be attached. Copies are attached according to the number of persons participating in the case.

Also attached to the appeal is a receipt for payment of the state fee. unless the applicant is exempt from payment.

Other documents, as a rule, are not attached to the appeal, since they are already in the materials of the civil case. If there is a need to attach additional evidence that was not presented in the case or was presented but rejected by the court of first instance, a petition for additional evidence must be drawn up. Such a petition can be cited in the text of the complaint or issued as a separate document (then indicate this petition as an appendix to the complaint).

At the end of the appeal, the applicant must put his signature and the date of the appeal. The date of compilation does not have to coincide with the date of filing.

Filing an appeal against a court decision in a civil case

An appeal against a court decision is filed through the same court that heard the civil case. It is the judge of this court who decides on the possibility of accepting the complaint, performs the actions provided for in the article of the Code of Civil Procedure of the Russian Federation, and then sends the complaint along with the civil case to the court of appeal. If the complaint was sent to the court of appeal, it will still be returned to the court that heard the civil case to decide whether to accept it.

The deadline for filing an appeal, as already noted, is 1 month from the date of issuing a reasoned court decision. The missed deadline for appeal can be restored at the request of the applicant, which is submitted simultaneously with the complaint.

Note!

After filing an appeal, you must wait until it is accepted. If the appeal is accepted, the complainant will receive notice of the appointment of the case to the appellate authority. If a complaint is left without action, its shortcomings must be corrected. And if the complaint is returned, you need to look at the reasons for the return and either restore the deadline or submit it to another authority. it is possible to appeal the court's ruling to return the complaint.

Complaint to the Court of Appeal - additional materials

In addition to the complaint itself and knowledge of its preparation and submission, the applicant will need additional information on the consideration of the complaint in the court of appeal, the procedure for appealing the actions of the court related to the acceptance and consideration of an appeal against a court decision in a civil case. Attention should be paid to the specifics of filing an appeal with justices of the peace.

Sample appeal under the Code of Civil Procedure of the Russian Federation

Download a sample appeal. Fill it out based on your situation. It is necessary to strictly comply with the requirements for the content of the complaint, attached documents and filing deadlines.

IN __________________________________

(name of court of 2nd instance)

From: _________________________________

(full name, address)

“___”_________ ____ the court made a decision in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (indicate the essence of the claims).

The court decision _________ (indicate how the case was resolved on the merits).

I believe that the court made an illegal decision for the following reasons _________ (indicate what the applicant does not agree with in the decision, why the court decision is illegal, what laws were applied by the court incorrectly when resolving the case, what circumstances were not clarified, what evidence was not examined by the court).

Based on the above, guided by articles - , Civil Procedure Code of the Russian Federation,

  1. To cancel the decision of _________ (name of the court) dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (essence of the claims).
  2. Make a new decision on the case, which _________ (indicate how the case should be resolved in the appellate instance).

Petition:

When considering the appeal, I ask you to accept additional evidence in the case _________ (give a list of additional evidence), which will confirm the following circumstances _________ (indicate legally significant circumstances in the case that can be confirmed by the presented evidence). I was not previously able to present the listed evidence for the following reasons _________ (indicate the reasons that prevented me from presenting additional evidence to the court of first instance).

List of documents attached to the appeal (copies according to the number of persons participating in the case):

  1. Copy of the appeal
  2. Document confirming payment of state duty
  3. Additional evidence

Date of filing the complaint “___”_________ ____ Signature of the applicant _______

Frequently asked questions about drawing up an appeal

How many pages should the appeal be?

The size of the appeal is not limited in any way. You can write it on one page or on several. However, I advise you to write it concisely and to the point. Reading a lot of text makes it difficult to understand.

Is a statement about the statute of limitations admissible only in the court of first instance? Can this be stated in an appeal?

The limitation period is applied by the court only upon the application of a party to the dispute made before the court makes a decision. This application can be considered in the appellate instance only if the court decision is overturned. therefore, if there are other grounds for cancellation, for example, failure to notify of the time and place of consideration of the case, you can declare a missed deadline in an appeal

The Court of Appeal completely overturned the decision of the trial court in the civil case, since Art. 113 of the Code of Civil Procedure, while the new decision made completely repeats the canceled decision of the first instance. What norms of the law did the court violate, on which to rely when appealing to the cassation court?

The appellate court may make a decision similar to that made by the trial court if the only violation is improper notification of the persons participating in the case, and in essence the court decision is correct and the substantive law is applied correctly.

I don’t understand why I should file a complaint through the district court? That is, I should write the same court in the header again? Or also the address of the higher court?

The appeal is addressed to a higher court, which is indicated in the header of the complaint, including the address. The complaint is physically filed with the court that made the decision.

Is it necessary to re-attach copies of documents already available in the case to an appeal in a civil case? Or is just a copy of the new documents enough?

The civil case is sent to the appellate court along with the complaint. The court of second instance will examine all the materials of the case, so there is no need to attach documents that are already in the case. New evidence can be attached to the appeal only if the appeal justifies the impossibility of presenting it to the court of first instance.

Is it possible to request the examination of witnesses on appeal?

The issue of questioning witnesses is resolved similarly to issues of presenting additional evidence. If their absence in the court of first instance was caused by valid reasons, then they can be submitted to the court of appeal, but this will need to be justified in detail. The same applies to the moment of re-interrogation of witnesses. They can be questioned again on appeal only on questions that were not asked at first instance. This needs to be justified in great detail.

Can this sample appeal be used for a criminal case? Or appeals in a case of an administrative offense?

The presented sample appeal can only be used to appeal decisions in civil cases. In other cases, a different law, different content of the complaint and different requirements apply.

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 on social networks or download it to your computer.

To court
G. ________________________________

from ________________________________
___________________________________
Address: ____________________________

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

By the 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 the statement of claim is signed
representative).

Applicant
(applicant's representative) _______________________
(signature)
"___"___________ ____ G.



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By a decision of the magistrate of the judicial district, he was found guilty of committing an administrative offense with punishment in the form of an administrative fine and deprivation of the right to drive a vehicle. The applicant completely disagrees with this resolution and the conclusions contained therein and considers it illegal and unfounded. The applicant requests that the decision in the administrative violation case be canceled as illegal and unfounded.

In _______________ district court of Moscow

Applicant: ___________________________
Address: ___________________________

Interested person: About the traffic police of the State Traffic Safety Inspectorate of the Internal Affairs Directorate for the Northern Administrative District of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow
Address: ___________________________

APPEAL
To the Resolution in the case of an administrative offense No. __________ dated ___________.

By the decision of the Magistrate of the judicial district No. _____ of the ________________ district of Moscow in the case of administrative offense No. ____________, provided for in Part 1 of Art. 126 of the Code of the Russian Federation on Administrative Offenses dated _________, I, ____________________ _________ born. was found guilty of committing an administrative offense under Part 1 of Art. 12.26 of the Code of the Russian Federation on Administrative Offenses with punishment in the form of an administrative fine in the amount of __________ rubles. ___ kop. and deprivation of the right to drive a vehicle for a period of 1 (one) year and 7 (seven) months.
I completely disagree with this resolution and the conclusions contained in it, I consider it illegal, unfounded, made with gross violations of the norms of substantive and procedural law, for the following reasons.

As stated in the Resolution, I, ____________ driving the vehicle “______________” g.r.z. ____________, __________ at ___ hours ___ minutes at the address: _________________________ did not comply with the legal requirement of a police officer to undergo a medical examination for intoxication.
In reality, I was not driving the vehicle. __________, I was near my house, sitting in a car, from where I got out to ask a passerby for a cigarette. Afterwards, together with a passer-by, we got into my car, talked and drank alcohol. Since I had not consumed any alcoholic beverages for a long time, I was in a state of severe alcoholic intoxication and did not remember what was happening. When I woke up, the traffic police officers were taking me out of the driver’s seat, and my car was in another place. Due to the fact that I was practically insane, I cannot drive a car. How the car ended up in a different place I can only guess.
Considering the above, I refused the illegal demands of the traffic police officers to undergo a medical examination.
All of the above circumstances were outlined by me at the court hearing, but for some reason the court did not take them into account when making its decision.
In accordance with Art. 12.26 of the Code of the Russian Federation on Administrative Offences, failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication - entails the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
As the Supreme Court of the Russian Federation indicated in Resolution No. 49-Ad06-9 of February 13, 2007, from the provisions (dispositions and sanctions) of Art. 12.26 of the Code of Administrative Offenses of the Russian Federation in conjunction with Part 1 of Art. 3.8 of the Code of Administrative Offenses of the Russian Federation it follows that the subject of an administrative offense under Art. 12.26 of the Code of Administrative Offenses of the Russian Federation, there may be a person (driver) who was previously granted the right to drive vehicles.

Also, in accordance with paragraphs. 2, 3 Decree of the Government of the Russian Federation dated June 26, 2008 No. 457 “On approval of the rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending the said person for a medical examination for intoxication, medical examination of this person for state of intoxication and registration of its results and rules for determining the presence of narcotic drugs or psychotropic substances in the human body when conducting a medical examination for the state of intoxication of a person who drives a vehicle.” whom there are reasonable grounds to believe that he is intoxicated.
Sufficient grounds to believe that the driver of a vehicle is intoxicated is the presence of one or more of the following signs:
a) the smell of alcohol on the breath;
b) instability of posture;
c) speech impairment;
d) a sharp change in the color of the skin of the face;
e) behavior that is inappropriate to the situation.

In accordance with the Decree of the Government of the Armed Forces of the Russian Federation dated October 26, 2006 No. 18 “On some questions that arise for the courts when applying the Special Part of the Code of the Russian Federation on Administrative Offenses” When considering these cases, it is necessary to check the existence of legal grounds for sending the driver for a medical examination for state of intoxication, as well as compliance with the established procedure for referral for a medical examination. The legality of such grounds is evidenced by: the driver’s refusal to undergo an examination for alcohol intoxication in the presence of one or more signs listed in paragraph 3 of the Rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending the said person for a medical examination for intoxication, medical examination of this person for intoxication and registration of its results, approved by Decree of the Government of the Russian Federation of June 26, 2008 N 475.

Thus, in order to send me for a medical examination, the following conditions must be met:
- the person involved must have driven the vehicle;
- the demands of traffic police officers must be legal;

Due to the fact that I did not drive the vehicle, the demands of the traffic police officers are initially illegal and unfounded, despite my strong alcohol intoxication.

In accordance with Art. 30.2 of the Code of the Russian Federation on Administrative Offences, a complaint against a decision in a case of an administrative offense is submitted to the judge, body, official who made the decision on the case and who are obliged to send it with all the materials of the case to the appropriate court, a higher one, within three days from the date of receipt of the complaint authority, higher official.
Based on the aforesaid and guided by Article. 30.2 of the Code of the Russian Federation on Administrative Offenses
ASK:
1. The resolution in the case of administrative offense No. ____________ dated ___________ was canceled as illegal and unfounded;

Application:
1. Copy of the resolution;
2. Copies of case materials;
3. A set of documents on the number of persons participating in the case;

" "___________________ G. _______________________________

By a decision of the magistrate, the citizen was found guilty of committing an administrative offense and was deprived of the right to drive a 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, an explanation of the individual or legal representative of the legal entity against whom the case was initiated, other information necessary for resolution of 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 the real place of his 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 ______________. imposed an unreasonably 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,

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.

Enclosure: 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 _______________