Application to the prosecutor's office in order of supervision. Complaint to the prosecutor's office: sample application, all the nuances of correct preparation

Application to the prosecutor's office: sample, how to fill it out. A complaint to the prosecutor's office is filed in case of violation of human rights. From correct drafting document depends on whether the appeal will be considered and whether the perpetrators will be punished. You must file a complaint at your place of residence: in paper form, electronic, bring it personally to the prosecutor's office. Response time is about 30 calendar days. A sample complaint to the prosecutor's office is in the article.

A complaint to the prosecutor's office should be filed if human rights are violated. A correctly drafted complaint to the prosecutor’s office guarantees that the appeal will be accepted, considered, violations will be eliminated, and the perpetrators will be punished. You should approach the writing of the document responsibly, because the correct drafting of the document determines whether the complaint will be considered in principle. If you do not take into account all the rules, there is a high probability of not only wasting time, but also of being accused under an article of the Criminal Code of the Russian Federation.

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When is it appropriate to complain to the prosecutor's office?

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

Sample complaint to the prosecutor's office

How to file a complaint with the prosecutor's office

You must file a complaint at your place of residence. Submission methods: in paper form ( by registered mail with notice), in electronic format(on the website of the prosecutor's office of your city) and bring it personally to the prosecutor's office (keep the second copy with you). Total term response to an appeal - no more than 30 calendar days. Read on for more details about deadlines.

Complaint consideration period

Each application to the prosecutor's office is preliminary considered and only then accepted final decision. The document may be accepted, left unanswered, returned to the applicant, not examined, attached to the same applications, transferred subordinate organizations. The period for consideration of a complaint by the prosecutor's office can be general or shortened.

The review period depends on the following factors:

• stated requirements;
• the need to double-check facts;
• additional information from the applicant or witnesses.

If the prosecutor's office decides that the case is not urgent, the complaint will be considered within a month. For 30 days, they consider appeals from citizens of the Russian Federation, foreigners, stateless persons, military personnel and their families, officials, deputies, employees federal services, if required additional checks and clarification of situations.

In the event that prosecutors decide that the complaint does not require verification or a request to legislative and other authorities, the appeal will be considered within fifteen days. If the satisfaction of the request requires the adoption of immediate measures, the document is considered immediately.

If necessary, the applicant has the right to increase the period for consideration of his application. This requires a petition from a representative of the prosecutor's office. It is submitted at least three days before the end of the application consideration period.

The beginning of the consideration of the complaint is the date of registration of the document. Therefore, it is better to take the paper in person, since sending it by mail may be a factor that will cause a delay in registration. If fixed time expires on weekends, the last day of consideration will be considered the next working day.

After examining the request, employees of the supervisory authority send a response. The applicant must receive a letter signed by the prosecutor. Only anonymous complaints remain without resolution. The applicant is notified of the outcome of the proceedings. If a prosecutor's proposal was made, it is indicated where and when the results of the verdict can be viewed.

In the case where a collective complaint has been filed with the prosecutor's office, the response can be sent to everyone or to the one listed first in the document. And this person must already convey the information to the rest of the participants in the appeal.

When submitting an application online, you should consider the following points:

1. The appeal (application, complaint) must be addressed to the city prosecutor or the city prosecutor's office. Otherwise, the request may be redirected to another department or remain completely unanswered.
2. There is a special form on the site where you need to indicate your initials and contact information. There is a high probability that anonymous complaint to the prosecutor's office will be ignored.
3. Please provide a complete and accurate address, otherwise your application will be ignored.
4. The text of the document must be written in business style. You should not use obscene language or threaten employees of supervisory authorities and other persons.
5. The text should be readable, do not make incomprehensible abbreviations;
6. The text must be written in Russian using the Latin alphabet or typed in its entirety in capital letters, is not broken down into sentences.

An application to the prosecutor's office via an online resource is considered official. It is registered, and the applicant is sent a response, which can be either electronic or written.

Collective complaint to the prosecutor's office

The application can be submitted either individually or collectively. The second option is more effective because it indicates mass violation rights of citizens and looks like a more objective precedent.

Therefore, if violations concern not only you personally, but a group of people (tenants, employees, etc.), then it is worth filing a collective complaint with the prosecutor’s office. In this case, the application must be signed by all group members, and contact information must be provided for everyone.

When a complaint is not considered

An application submitted to the prosecutor's office is considered within two weeks to a month. After this, a response should be sent to the address indicated by the applicant. It may be satisfactory or explanatory. Also, the appeal may be forwarded to another authority, of which the applicant must also be notified. In some situations, the application is rejected.

Such cases are possible if:

1. The document contains obscene language.
2. The text is made meaninglessly.
3. There is not enough information about the applicant.
4. The letter is written illegibly.
5. The application was sent again before the end of the allotted period for consideration of the previous one.
6. The document is anonymous.
7. This appeal has already been considered and a decision has been made on it.

Interesting

An anonymous complaint to the prosecutor's office is not accepted. If you want to achieve justice, you should not write anonymous letters.

Therefore, before contacting the supervisory authorities with a complaint, it is recommended to consult with a lawyer. In addition, an experienced specialist will tell you how to correctly draft a complaint, which will undoubtedly speed up the time for its consideration.

An application to the prosecutor's office is written only once. There is no need to make several appeals for the same persons. Simply no one will look at these copies. Only unsubscribes will come. You will need to be patient and wait for an official response. Even if the complaint is ultimately rejected, repeated requests won't change anything. In this case, you will need to submit the document to a higher authority.

The prosecutor's office oversees compliance with the law and protects the rights and interests of citizens. In complex and conflict situations, when reasonable doubts arise about the correctness and legality of the events taking place, you should report this to the prosecutor's office. Shouldn't wait further development events, aggravate the situation and endure injustice, you need to write competent statement V supervisory authority.

There are no strict procedural guidelines on the type of treatment, but it is advisable to adhere to standard sample. The text of the application must contain necessary details and give instructions on legal norms that were violated.

The prosecutor's office is obliged to respond to all incoming statements from citizens, but the more conclusive and clear the document is drawn up, the more attention he will attract you. Depending on the goal pursued by the citizen, appeal can be of the following types:

• 1. Statement. Interested party reports possible or expected violations of the law by government or executive bodies. The current situation is described in which the actions of the opposing party cause protest and non-compliance with constitutional provisions. The document is a signal of the need for preventive measures on the part of the supervisory authority.
• 2. Complaint. A signal that a specific violation of the law has occurred that needs to be corrected. For example, common reasons writing complaints are claims made by employees against their employers.

The range of issues raised by citizens is quite wide; most often they are taken into consideration statements on the following topics:

• 1. The employer delays the payment of wages or does not pay it in full. There is a violation of the Labor Code of the Russian Federation and the employment contract.
• 2. The employee was forced or is being forced to. The absence of motives for dismissal due to guilty actions does not allow a person to be forcibly dismissed, so psychological pressure is applied to him.
• 3. Excess official powers judicial and executive authorities, inappropriate behavior employees.
• 4. Lack of grounds for refusal to provide public services. For example, a citizen received a refusal from the municipality to provide land plot, with which he does not agree.
• 5. Conflict situations related to problems in the provision of housing and communal services.

The prosecutor's office does not exercise supervision over criminal cases; since 2011, these powers have been transferred to the Investigative Committee.

Your appeal to the supervisory authority should be carefully thought out and correctly drafted so that the document is not returned for revision and correction of errors. It should be understood that the applicant bears legal liability for the facts of violations presented and may be held liable for libel. The application may not be accepted if the applicant’s demand is not justified and does not indicate a violation of legal norms.

The document should consist of three main parts:

• “hats”. The applicant's personal information and contact details are indicated. Information about the location of the prosecutor's office, the full name of the employee in whose name the application is written and his position;
• main part. The essence of the problem is described, and the sequence of violations that occurred is briefly and without emotion listed. Factual evidence and reference to legal standards must be present. The situation should be described without making own conclusions and recommendations on opportunities to address inequities;
• a conclusion in which the applicant indicates his requirements in accordance with the law.

For example, a citizen writes a statement to the prosecutor’s office regarding a delay in wages. Frequency should be specified illegal actions manual, the violated article of the Labor Code of the Russian Federation, the amount of debt. It is not recommended to refer to other employees or give personal characteristics to management.

Emotional statements and insults towards the opposing party are inappropriate; attention should also be paid to the literacy of the text. Your demands and petitions must be supported by the legal regulations in force in in this case. The text should be informative but concise. The sequence of events should be described briefly, if possible correlated with dates.

If during the inspection additional information is required to reveal the essence of what happened, the applicant will be informed about this.

The application is accompanied by a list of submitted evidence base, including references and videos, photos of materials. The applicant's signature is affixed and the date of application is recorded. If the appeal is made on behalf of a citizen of his confidant, guardian or trustee, you will need to present a document confirming your right. The office puts a mark on acceptance of the application and begins counting the time allotted by law to verify the presented facts.

According to the rules, the application is accepted in handwritten or typewritten form. Preference is given to the latter option due to easier reading and the absence of problems with the citizen’s handwriting.

Why use a sample when contacting the prosecutor's office

Most often, refusal to review or return for correction or revision occurs due to errors various kinds in filling out the application. The essence of the problem is described inaccurately, there is no supporting information, the complaint appears unfounded.

Fields and columns of the standard form must be filled out in strict accordance with similar details. It is especially important to think through the text so that it does not raise numerous questions when reading and interpreting. A calm and persuasive style of statement will help in the speedy resolution of the problem.

Complaint to the prosecutor's office (application) example of drafting

Application to the prosecutor's officeAny citizen can apply Russian Federation who believes that his rights have been violated. By filing a statement with the prosecutor’s office, a citizen can initiate unscheduled inspection against a person who, in his opinion, has violated the law.

Requirements for an application to the prosecutor's office

In the article we will discuss how to write an application to the prosecutor’s office and what measures can be expected to be taken after filing it. The state guarantees every citizen the right to apply to any government or municipal body, as well as to any official such authorities, as well as the fact that the appeal received from the citizen will be considered, and a response will be sent to the applicant. This conclusion can be drawn not only from the Constitution of the Russian Federation, but also from the law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ.

Current legislation does not establish special form applications to the prosecutor's office, therefore such documents are drawn up in accordance with general rules requirements for writing business letters. However, in Art. 7 of Law No. 59-FZ there is an indication that in the application the citizen must indicate:

• the name of the body to which he applies;
• your full name;
• Full name and position specific person, in whose name the application is being submitted;
• mine mailing address(to which the answer must be directed).

After this, you must state the essence of your appeal, affix the date and personal signature. If a citizen has any documents confirming his point of view, copies of these must be attached to the application. If the appeal is sent via email, then it must indicate email address, to which the response should be sent.

It must be said that it is quite likely that the application will be rejected if it contains profanity or offensive language or is submitted repeatedly (i.e. if this person I had previously filed a complaint with the prosecutor’s office regarding the same problem).

The very term “application to the prosecutor to conduct an inspection” is not entirely correct. The fact is that a citizen does not have the right to declare the need for any inspection. According to Art. 21 Federal Law “On the Prosecutor’s Office of the Russian Federation” dated January 17, 1992 No. 2201-1, the basis for carrying out such an investigation in relation to any bodies and organizations is the receipt by the prosecutor’s office of a statement of violation by these bodies and organizations Russian laws, from which follows the citizen’s request to check the legality of the activities/actions of the persons indicated by him.

Contents and sample application to the prosecutor

1. In the upper right corner of the application to the prosecutor's office, indicate the name of the body to which you are applying and the address of its location. Below is the full name of the applicant, the address of his place of residence (or Email). For example: To the prosecutor's office of the Zheleznodorozhny district of the city of Khabarovsk from Valery Pavlovich Kuzmin, living at the address: 680000, Khabarovsk, st. Lenina, 1, apt. 1.
2. Below, in the center, you should indicate the name of the document (in our case, this is a statement).
3. The following outlines the essence of the appeal, indicating specific rights that were violated and data of the person who violated them. For example:

Since September 20, 2012 I have been working at employment contract at Romashka LLC as an energy engineer. From March 2017 to the present, the management of the enterprise has not paid me wages, citing serious economic situation. The employer refuses to provide written answers to my requests, oral statements does not react. This fact I consider it a violation of Art. 22 Labor Code of the Russian Federation.

1. Below you should indicate what kind of reaction you expect from the authority in connection with your submission of an application to the prosecutor's office. For example:

Based on the above, I request that a prosecutor’s investigation be carried out against Romashka LLC.

The application to the prosecutor’s office ends with the date of its writing and personal signature who applied.

A sample application to the prosecutor's office for an inspection can be found on our website.

Procedure for submitting an application to the prosecutor's office

So, the application to the prosecutor's office has been written, all that remains is to submit it. This can be done in different ways:

1. The simplest and most common way for Russians to submit an application is to apply in person. Written statement It is better to make 2 copies or make a copy of the application for yourself, since the original is given to the prosecutor's office, and on the 2nd copy you need to put a note indicating the acceptance of the document indicating the date when it was received by the prosecutor's office. This is necessary so that, if necessary, you can prove that the application was submitted. In addition, from the day following the day of filing the application, the period within which a response must be sent to the applicant begins to count.
2. Sending an application by mail. In principle, the law does not prohibit sending an application by telegraph, but it is better to send it by letter, most correctly - registered, with acknowledgment of delivery. This again will be proof that the addressee has received the application and will allow us to determine the moment from which the countdown of the period allotted for a response will begin.
3. Another way to submit an application is electronic, when the application is sent through the official website of the prosecutor’s office or via email to the said body. In the first case, a receipt and reading notification will be sent to you automatically, and in the second case, you can use the option to receive a read notification.

The procedure for the response of the prosecutor's office upon receipt of an application

After sending the application to the prosecutor's office, the applicant can only wait for the results of its consideration.

After receiving the appeal, the prosecutor must conduct a preliminary review of it in order to subsequently make a decision on its acceptance, return to the applicant, on sending this document to the jurisdiction, attaching it to other similar, previously filed applications, or transferring it to lower levels. prosecutorial authorities. If the application is transferred for consideration to another prosecutor or to another state or municipal body, such transfer must be made no later than 7 days from the date of receipt of the application, and the applicant must be notified of the decision taken and where his application was forwarded.

The prosecutor entrusted with the consideration of the received application conducts necessary measures to verify the information contained in the application, obtain additional information and generalization of this data.

At the end of such activities, the prosecutor must give a reasoned answer on all issues reflected in the application. The application review process can be considered completed only after complete responses have been sent to all applicants.

Term prosecutor's check cannot exceed 30 calendar days. It is important to understand that this period does not include the delivery time of correspondence.

Who believe that their rights have been violated in some way.

The document is issued to the institution or authority that caused the violation of rights.

Official websites of institutions will also help you figure out how to write a complaint to the prosecutor’s office. The sample is also available in the organizations themselves.

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What is the purpose of filing complaints?

If a citizen’s rights have been violated, then he has the right to write a complaint to the prosecutor’s office so that this institution initiates whole line events. They are aimed at restoring justice.

The prosecutor's office is divided into only four bodies, operating separately. Each of them has its own rules for filing complaints, depending on their affiliation with a specific unit:

• The Transport Prosecutor's Office is responsible for all cases related to cars and other vehicles on the road.
• If the rights of convicted persons are violated, they must contact the prosecutor’s office, which is responsible for enforcing criminal penalties. The same body is responsible for violations that are not dealt with in other units of administrative and public education.
• The military prosecutor's office considers complaints from those serving.
• The environmental department is finally accepting appeals related to the danger to environment, violation of environmental rights.

When drawing up a document, it is advisable to immediately indicate the addressee whose authority includes considering the complaint regarding the violation. The document will still be sent to the final authority, just in the absence of an indication of necessary authority it takes longer.

Application and complaint are various documents With legal point vision. In the application, the citizen simply asks the authorities to assist in the implementation or protection of their rights. Or reports violations and shortcomings in the work being carried out.

Complaints are written based on the fact of the offense that was committed.

What information should be present in the document

It is advisable to study sample appeals before personally starting to write them. A single standardized form of this document simply no.

Both manual compilation and using computer equipment. There is only basic information that is recommended to be included in any case. This applies to:

• Dates of compilation with the signature of the citizen from whom the complaint was received.
• Compiler's requirements.
• Lists of rights with laws that were violated.
• The main text containing a description of the circumstances.
• The originator's passport details along with contact details, home telephone number and address.
• The name of the prosecutor's office along with the address of the unit.

When writing an appeal, the author is recommended to resort to a free style of an official business type. The main requirement is the absence of unnecessary emotions. They do not work in institutions detailed consideration punctuation and grammar, and other similar areas.

Complaints made by two or more persons are called collective complaints.

Filing in electronic form carried out through the official website of the institution itself. But even in this case, applicants must comply with certain formalities.

Dates and names must be indicated. Evidence must be presented clearly and convincingly. Separately, it is necessary to ensure that all required details are present.

Each of the applicants must provide their personal data to compile collective complaints. Partial mentions are not allowed. Appealing applications to orally simplified by next stages.

Complaints are simply ignored by employees when anonymity is indicated.

Including those that provide information that is truly significant.

Such requests are not even considered.

They are only forwarded to the police if information regarding a serious crime is discovered.

If the document is drawn up according to all the rules, then it takes half a month to review.

The result is sent to the compiler by mail. Complaints whose handwriting cannot be read without additional tools. A message will be sent to the author within a week.

There are several decisions that can be made based on the results of consideration of appeals:

• The "Referred" status becomes an indication that another agency is responsible for the review.
• It is permissible to file complaints that do not make demands for specific actions. Then make a note “Explained”. In the response, the institution’s employees actually explain and answer any concerns that the applicant may have.
• The status “Satisfied” is assigned to messages whose arguments do not raise any contradictions with the prosecutor. And, if possible, to restore the rights that were the subject of violation.
• The complaint is rejected if at least one of the content requirements is not met.

In some situations, consideration of a complaint is impossible, although it becomes material during a hearing in a criminal case. Then the document will be marked “Another decision was made.”

If the complaint is against the prosecutors and civil servants themselves

In court or with a higher prosecutor, you can appeal against any prosecutor’s office if you are not satisfied with its initial content.

In this case, the same complaint is drawn up. Then the reason will lie in the fact that the prosecutor was inactive. The document is drawn up according to free form.

You just need to write about what kind of inaction led to the violations. Words always require addition in the form of evidence.

Any obtained through legal means. The courts consider absolutely all materials submitted by the applicant.

If prosecutors representing the district level are inactive, the complaint is sent to the institution of the same region. If the prosecutor in the subject is recognized as the culprit, then the addressee of the complaint becomes General Prosecutor's Office all around Russia.

Either the recipient is indicated as Attorney General, or one of the deputies vested with the appropriate powers. You can also choose a district court to appeal.

IN general case Such requests are considered within ten days maximum. After this period, the judge must make a decision to satisfy the requirements and eliminate the violations as quickly as possible.

Or about refusal. But in this case it is necessary to explain to the applicant. The main thing is to determine in advance which specific article of the Law the violation relates to.

An example of drawing up a complaint (application) to the prosecutor's office is presented in the video:

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