A local police officer is a police officer of the Russian Federation who carries out his activities in a specific territory. The purpose of a district police officer’s work is to help people living in a particular house to prevent violations of their rights and freedoms.
This official has many powers: combating hooliganism, vandalism, fights; resolving issues related to violation of peace and quiet; assistance to families experiencing domestic conflicts; solving crimes of minor and medium gravity, and much more. However, this official does not always respond to people's problems.
What to do if your local police officer does not want to accept the application or does not react to it at all? Where can I complain about a local police officer in 2021 so that he can begin to fulfill his direct duties?
What responsibilities does a district police officer have?
Before complaining about an authorized police officer, you need to find out what duties he has. So, the list of direct responsibilities of the district police officer includes:
- maintaining public order in the territory under his control;
- identification of offenses and crimes in the area entrusted to him;
- keeping records of persons (previously convicted of various crimes) who live in the territory under the control of the district police officer;
- receiving applications from residents of houses, conducting verification of crimes committed;
- conducting preventive conversations with teenage hooligans and people leading an immoral lifestyle;
- resolving issues related to the noise of neighbors, the sale of alcohol and drugs on the territory entrusted to him, drinking alcohol near entrances or on playgrounds;
- resolving issues related to illegal cutting of green spaces in the controlled territory, etc.
In what cases can you complain about a local police officer?
There can be many reasons for contacting a higher authority with a district police officer, for example:
- the district police officer does not react in any way to the statement of a person living in the territory under his control;
- The district police officer performs his duties improperly, for example, he covers for neighbors who produce alcohol at home;
- rudeness, threats, humiliation or use of physical force by the district police officer;
- The district police officer broke the law, for example, he entered his apartment without the consent of the owner, breaking the lock.
Is the application anonymous?
The Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” emphasizes that a citizen filing a complaint must indicate his contact information to receive a response. But despite this, the public has the opportunity to file a complaint anonymously.
An anonymous complaint will be accepted and considered if:
- it contains information with evidence about an impending illegal action or crime;
- about citizens who have already committed illegal actions;
- about facts of corruption and bribery of officials;
- information about an impending terrorist attack;
- about illegal actions of the employer;
- about gross violations of public order (illegal logging, petty hooliganism and theft).
An anonymous complaint can be submitted either orally through the helpline or in writing via mail. An anonymous complaint cannot be the basis for initiating a criminal or administrative case. However, the facts set out in it must be verified by law enforcement agencies for the elements of a crime. The period for consideration of such a complaint does not exceed 30 days.
Complaint against a local police officer for inaction: nuances of writing
When writing a complaint it is important:
- indicate reliable information about who is writing the application;
- In the text of the complaint, obscene statements and swearing are unacceptable;
- the text of the statement must be correctly composed, it should not contain lyrics or a long introduction. It is important to remember and describe all the facts that happened;
- It is advisable to support the document with evidence - photographs of the event that occurred, video evidence, etc.
The period for consideration of a written complaint submitted to the district police officer is 30 days . If the responsibilities of the district police officer do not include this or that issue, then he must redirect the application to the subordinate department within 7 days.
It is important
When contacting the district police officer in writing, be sure to make a copy of the application. You give the first one to him, and on the second one, ask him to put the date of acceptance of the application, the registration number and the signature of the policeman, proving that he accepted the application.
If he refuses, hint that you will go with this statement to the immediate superior of your local police officer. Or even to the head of the Internal Affairs Directorate. As a rule, this sobers up the law enforcement officer. He will immediately accept the application and sign your sample.
By the way, when you file a complaint with the appropriate authorities, make a copy of it. You give one, and on the second they give you the registration date and the number assigned to the complaint.
How to file a complaint against a local police officer?
You can do this in several ways:
- File an oral complaint addressed to the head of the district police department. Important! When filing a complaint, you must provide evidence of the illegality of the district police officer’s actions. For example, you can record a conversation with a district police officer on a voice recorder, bring documents where it will be established that the district police officer is neglecting his duties and exceeding his authority.
- In writing - write a complaint and send it to the appropriate department, to the prosecutor's office by registered mail with notification. You can also bring a written complaint in person to the reception/office/duty department, and make a copy of the registered statement so that it is proof that the person filed a complaint.
- Send a complaint through the Internet reception of the authority where the person is writing the application (the Internet reception of the prosecutor's office of a specific district and city).
What to do if the local police officer does not respond to complaints?
If your local police officer does not take any action to calm down the raging neighbors, stop the illegal sale of alcohol in the local area, etc., then every citizen of the Russian Federation has the right to call the hotline - 8-800-222-74-47 . This is the helpline of the Russian Ministry of Internal Affairs.
It is advisable to call here if a crime or any offense is being committed before your eyes, and the local police officer does not respond to your calls or is not there at all.
If bosses don't act
Imagine the situation. They complained about the unscrupulous district police officer to his immediate superior. He did not take any measures. The situation worsened even more.
The citizen realized that he would have to go to the head of the police department. I filed a complaint, but there was no response. The top police officials are inactive. The problem has not gone away, it must be solved. The answer is silence.
How to find police authority? Only a complaint to the Federal Security Service. This is not easy, let us warn you right away. Make an appointment in advance, wait your turn, then go somewhere. But it’s worth it, it’s worth punishing the insolent police officers and their higher ranks.
Answers on questions
Question: Is it possible to file a complaint against a local police officer for entering an apartment without permission?
Answer: Yes, you can. He has no right to enter the apartment without the permission of the residents. If a person does not want to open the door for him, then that is his right. However, in the following situations, the district police officer cannot be held accountable for breaking into an apartment: if he knows that a crime is being prepared there or has already been committed; if there are injured people in the apartment who urgently need help.
Question: Where can I complain about a local police officer if he is called, but he does not show up?
Answer: You can complain about the inaction of a local police officer to the head of the local police department. The complaint can be either oral or written, but it must be supported by evidence that the local police officer was called.
Question: Where should I go if a local police officer threatens me with physical harm?
Answer: It is necessary to write a statement to the prosecutor's office to hold the police officer accountable for exceeding official powers.
Question: Can I write a statement of claim to the court against the local police officer if the police and prosecutor’s office refused to consider the application?
Answer: Yes, you can, if as a result of the actions or inactions of the local police officer, you suffered material or moral damage. In Art. 10 of the Federal Law “On the Prosecutor's Office of the Russian Federation” states that the decision made by the prosecutor does not prevent a person from going to court to protect his rights. Therefore, if you are confident that you are right and can provide the court with evidence of the district police officer’s guilt, then you can safely file a claim in court.
The law enforcement system in Russia is imperfect . Proof of this is the numerous complaints from citizens of the Russian Federation about the actions or inactions of local police officers.
If a peace officer does not respond to your call or written request, you can always complain about him to higher management, as well as to the prosecutor’s office and even the court if your rights were violated as a result of the inaction or unlawful actions of the district police officer.
Reasons for filing
Quite often, after submitting an application to the local police officer, a citizen receives nothing in response. Such inaction on the part of a law enforcement representative is considered a violation of the rights of citizens.
Inaction/illegal actions on the part of the district police officer in relation to citizens submitting an application are a manifestation of improper performance of their official duties.
In such situations, citizens are usually lost and do not know where to complain about a police officer. Others, on the contrary, have a negative experience when contacting the police with a claim to work for their employee.
Advice
Before contacting the police, you should first consult with an experienced lawyer. He will be able to determine what citizen’s rights were violated by the local police officer, how to correctly file a complaint to a law enforcement agency (police or prosecutor’s office) and how to behave at all stages of the situation.
Descriptive part
The complaint can begin with a request to conduct an inspection regarding a specific district police officer. Next, it is necessary to explain the essence of the events that give the right to believe that the official violated the applicant’s rights. Then it is necessary to describe why, in the applicant’s opinion, the district police officer was inactive. For example, he did not interview the seller or pawnshop employee, or examine the documents provided by the applicant. Perhaps the district police officer gave an incorrect assessment of the offender’s actions or made the wrong conclusion about the absence of corpus delicti.
Legislative framework
All representatives of law enforcement agencies must be guided not only by the Constitution of the country, but also by Law 3-FZ, which quite clearly states their duties and rights. Police officers, including local police officers, are required to:
- comply with all requirements of current legislation;
- follow your job description;
- respect the rights and interests of all citizens and legal entities;
- provide first aid if necessary;
- take all possible measures to prevent an offense or crime;
- not to disclose confidential information that was obtained in the course of official duties, and so on.
In addition to this law, the activities of district police officers are regulated by Order of the Ministry of Internal Affairs of the Russian Federation No. 1166. This regulatory act spells out the duties of a district police officer. So, he must:
- ensure the safety of citizens in the serviced territory;
- receive information from citizens regarding offenses and planned crimes, take measures to prevent them;
- know where the so-called hot spots are;
- carry out court decisions (within their competence);
- check reports of planned and committed offenses, and so on.
Each district police officer is assigned a specific microdistrict, where he is obliged to carry out his main function - to protect the rights and interests of the residents of this locality.
