Sometimes a citizen can protect his rights only by contacting the prosecutor's office. This is especially true in situations where rights are infringed by various services and organizations: for example, the police or the bailiff service. How to properly file a complaint to the prosecutor’s office so that it is accepted for consideration and the applicant’s rights are restored? It is necessary to answer this question in detail, to show what information the sample document should contain.

In what cases can people contact the prosecutor's office?

Russians have the right to write statements or complaints to the prosecutor's office when fraudulent actions have been committed against them that violate civil rights. This right is written into the law on the prosecutor's office, which states that every citizen of the Russian Federation has the opportunity to file a complaint to stop the illegal actions of another person and restore their constitutional rights. This can be either an ordinary civil offense or a criminal offense.

You should contact the prosecutor's office if the application submitted to the department of the Ministry of Internal Affairs at your place of residence did not lead to anything or was not accepted for consideration.

There are some differences between a complaint and an application that need to be understood correctly. A complaint is a request individual protect and restore already violated rights, and the statement indicates a request to facilitate the implementation of their rights in a specific situation. This article will focus specifically on the correct preparation of a complaint.

Attention! It should be said right away that there is no strict style in drawing up a complaint to the prosecutor’s office: nowhere in the law are there clearly established requirements.

Despite the fact that it can be written in any style, the document must be drawn up correctly so that the application is not rejected for consideration at the initial stage.

The complaint is drawn up in the style of business correspondence; Lawyers mention several points about its content:

• The text must be written accurately and concisely. It is known that voluminous complaints, in which a lot of unnecessary “artistry” abounds, are considered last;
• The appeal must list actual violations of your rights with evidence. The applicant's assumptions and reflections will not satisfy representatives of the prosecutor's office. Accuracy is also necessary in identifying the alleged violator, including his full name and position;
• the person's demands must also be adequate and realistic, something that is actually necessary. Requests to “eliminate interference in career growth”, dismissing or “simply imprisoning” a person are not considered.

The more accurately and completely the situation is described and all the necessary information is provided, the greater the chance of avoiding returning the application to the applicant for revision.

How to properly file a complaint to the prosecutor's office

Attention! As stated above, there are no legal requirements for drawing up an appeal, however, special Instructions have been developed for the content of complaints and applications to the prosecutor’s office. What does it say?

It must be remembered that the text should be written legibly and clearly so that another person can easily read it, including the applicant's name and address. Yes, and the text itself must be compiled correctly, without any insults, threats or obscene language - all this is a reason to leave the complaint without consideration.

With the development of modern technologies, an appeal can now be submitted via the Internet by filing a complaint with in electronic format. To do this, you need to go to the website of the prosecutor's office of the corresponding territorial unit (portal genproc.gov.ru) and write an application in which you will also need to indicate all the data and follow the above recommendations and rules.

The document is drawn up in two copies, both are stamped: this way the citizen retains a copy. Within 7 days, the prosecutor's office must first consider the complaint and notify the applicant of its decision: accept it for consideration, refuse it, or return it for revision. The complaint is fully considered within 30 days.

Complaint against actions (inaction) of police officers

This is one of the most common types of complaints. Often, a citizen, having contacted the Ministry of Internal Affairs, cannot be sure that his appeal will bring any result. Therefore, contacting the prosecutor’s office is the only pre-trial way to influence police officers if they have violated human rights.

When employees of internal affairs bodies infringed on the freedoms or legal rights of a citizen, or he was even brought to justice illegally, he can safely go to a higher authority and initiate an investigation into his situation. Sometimes a call to 112 and an explanation of your problem over the phone is enough for the inspection authorities to begin an inspection: all calls are recorded.

You can file a complaint against a specific police officer if his name is known to the complainant. There is an option to initially submit it to the head of the police station, whose employees allowed themselves misconduct, or you can go straight to the prosecutor’s office. To do this, you must submit an application according to the above requirements.

If the prosecutor's office refuses to consider a complaint or satisfy a citizen's demands, he has the right to go to court and defend his rights in court.

Complaint against actions (inaction) of bailiffs

Unfortunately, very often the activity of some executors of court decisions not only violates the law, but is criminal and violates civil rights in the most obvious way. IN in this case a complaint to the prosecutor's office is a very effective way to challenge the actions of bailiffs and restore your legal rights.

In order for the prosecutor's office to accept a complaint against the activities of bailiffs, it must be substantiated with the following reasons:

• forced execution of a decision by bailiffs without the possibility of the citizen implementing the decision himself, on a voluntary basis;
• failure by the bailiff to provide documents (materials) of a specific proceeding at the request of a person, refusal without reasoning;
• re-opening of production previously closed due to the expiration of the deadline;
• unjustifiably slow performance by the bailiff of his duties, prolonged execution of work according to the decision;
• failure to comply with production decisions.

In the complaint, the applicant, in addition to the above requirements, must indicate the specific name and position of the bailiff. You need to apply promptly - the filing deadline is 10 days from the date of the offense on the part of the performer. The complaint is considered much faster - no more than 3 days from the date of filing.

Complaint about the work of the management company

In relation to the management company (MC), there are other authorities for complaining about its work:

• you can try to resolve the matter peacefully by contacting the management of the management company;
• complain to the Housing Inspectorate;
• complain to Rospotrebnadzor.

If all these measures are not effective, you can contact the prosecutor's office.
The text is compiled according to the same requirements as indicated above. The applicant also clearly describes the violations in the work of the management company (for example, its employees do not remove garbage), photograph the violations in such a way that it is clear where the photo was taken and attach them as evidence. The details of this management company, address, telephone, etc. are indicated. The text should clarify that the above fact is a violation of the company’s agreement with the residents of the house.

A properly drafted and submitted complaint to the prosecutor's office is an excellent pre-trial way to protect one's civil rights. Globally speaking, it performs a regulatory function in the state: this is how public services can monitor themselves, their actions and the law-abiding activity of all elements of society. Every citizen of the Russian Federation has the right to contact the prosecutor’s office; Moreover, it is recommended to do this to protect your rights in a timely manner.

How to make a statement to the prosecutor's office: video

What questions can you contact the prosecutor's office about?

The modern prosecutor's office should not be viewed only as punitive government agency. Its functions also include legal protection of citizens and a considerable part prosecutorial activities consists of working with applications from citizens who have applied to the prosecutor's office.

It should be noted that although the competence of the prosecutor's office is not clearly defined anywhere, this does not mean that it extends to everything that is regulated by law. Not all complaints can be accepted by the prosecutor's office; in some cases, it cannot even take any action, since this would be an interference in the competence of other bodies. For example, it is believed that a crime can be reported to the prosecutor's office, since it is, first of all, a criminal prosecution body. Of course, you can make a complaint, but you should know that today the prosecutor’s office does not investigate criminal cases itself, and therefore the application will be forwarded to another body competent in these cases.

In what cases can you contact the prosecutor's office? First of all, you can file a complaint against the actions of various authorities and their employees in cases of violation of any rights of citizens. These may be investigative bodies, bailiffs, local administration bodies and other authorities and organizations with authority functions. Complaints against court decisions are not considered by the prosecutor's office; they should be submitted to a higher court.

You can also complain to the prosecutor’s office about the actions of social organizations regarding violations labor law, housing rights of citizens living in municipal housing, violations of the rights to receive payments from the budget (pensions, various benefits, benefits, subsidies), and many other rights of a social nature. Some appeals may be forwarded by the prosecutor's office to other regulatory authorities, for example, issues related to labor law - to the state labor inspectorate.

Certain issues can only be resolved in judicial procedure, or in some cases expressly provided for by law, other competent authorities. Such issues, first of all, include property relations in which the participants have equal rights, for example, buyer and seller, controversial issues between heirs, tenant and landlord, credit institution and borrower, etc.

In exceptional cases, the prosecutor's office may take certain measures to protect the property rights of citizens. This mainly happens for such valid reasons as the citizen’s state of health (serious illness or disability), advanced age, minority, etc.

The actions of the prosecutor in dealing with citizens' appeals may consist of going to court, sending protests and presentations indicating violations and proposals for eliminating them. However, protests and representations are not always effective, since the prosecutor’s office does not have a mechanism for enforcing the demands contained in them. In addition, the entire process, from consideration of the complaint to the response to the submission, usually takes several months. In addition, the citizen’s application to the prosecutor’s office can be returned to him to provide the missing information. And during this period, the statute of limitations or the period for going to court may expire. Moreover, the courts do not consider citizens’ appeals to the prosecutor’s office to be valid reasons for missing these deadlines.