Complaint against a police officer: sample and rules for filing

According to sociological studies conducted annually in Russia, many citizens treat police officers with great distrust. There are undoubtedly quite objective reasons for such an attitude. The consequence of citizens' distrust of law enforcement officers is the so-called legal nihilism, in the ideals of which not a single generation of Russians is brought up. Nevertheless. let's figure out where to complain about police officers?

Today, the majority of our compatriots do not want to write a statement to the police if they have become the victim of a crime of minor severity that did not entail significant damage. This situation gives rise to a large percentage of latent crime. As a result, criminals feel impunity and continue their illegal activities.

Even fewer people try to protect their rights if they have become a victim of police brutality or inaction of police officers. However, Russian legislation has in its arsenal quite effective measures directed against violators in uniform, therefore, in order to be able to protect their legitimate interests if necessary, every citizen must know a clear algorithm of actions in such a situation.

For what reasons can I complain?

There can be many reasons, but the most common are the following:

1. A police officer (precinct) acts unlawfully, violates the law, acts not in accordance with the regulations, exerts pressure;
2. Law enforcement officers did not come when called,
3. The employees accepted the statement that a crime had been committed, but were in no hurry to carry out verification activities;
4. If a check on the application was carried out, but rather superficially and formally, and based on its results, the initiation of a criminal or administrative case was refused;
5. If the police fail to act in other situations;
6. If, after the initiation of a criminal case, police officers do not carry out the necessary investigative measures and rush to quickly close it and put it in the archives;
7. Employees of internal authorities behave defiantly and not in accordance with the regulations.

In the above situations, it is highly undesirable to delay writing an appeal to the supervisory authorities, therefore measures must be taken without delay.

How to compose it correctly?

Rules for drawing up an appeal or complaint:

• the presence of an addressee is a mandatory part of the “header” of the document. You can obtain information about the leadership of the police department on the official website of the Ministry of Internal Affairs;
• indication of complete information about the applicant: full name, registration address, preferably, telephone number for operational communication;
• anonymous complaints are not accepted for consideration;
• presence of the document title – “Complaint”;
• the plot (first paragraph) contains the essence of the offense;
• the form of presentation is arbitrary. Formulations should be avoided: “possibly”, “seemed” and the like. It is advisable to use short, clear sentences. Operate with facts, not speculation;
• all available information about the violator must be stated in the appeal;
• if there is a badge number of the police officer against whom the complaint is being written, it should also be indicated;
• at the end - a request for the need to take action;
• completion of the document - signature and date of submission. Without a signature, a document is considered anonymous and will not be accepted for consideration.

Bodies to which you can file a complaint against police officers

According to current Russian legislation, in the event of unlawful behavior, actions, or inactions of police officers, you can submit an appeal to the competent authorities.

Prosecutor's Office of the Russian Federation

The Prosecutor's Office of the Russian Federation - this state body is called upon to oversee compliance with the law, including compliance with the law in the activities of law enforcement agencies. Any prosecutorial check against employees of internal affairs bodies, in accordance with the law, within the established time frame. If, as a result of this inspection, the prosecutor reveals violations in the activities of the police, he can issue an order to eliminate them, and can also draw up a presentation addressed to the head of the police department, in which he indicates the need to bring the perpetrators to justice. The applicant is notified in writing of the results of the inspection.

Judicial authorities

Courts of the Russian Federation - according to the Constitution of the Russian Federation, every citizen has the right to defend their legitimate interests in court, including if they were violated by government bodies or their officials. In court, the inactions or actions of police officers can be declared illegal. The corresponding application is submitted in accordance with the procedural procedure provided for by the Code of Administrative Proceedings.

Senior management

The head of the police department - he is the immediate supervisor, therefore he has the right to punish his subordinates in some cases. For example, you can write a complaint to him if the police officers subordinate to him allowed themselves to treat you incorrectly or rudely, and also used profanity when communicating with you. Based on the results of an internal audit, police officers who commit such offenses may be subject to disciplinary action.

Department of Internal Security

Department of Internal Security - you should write a complaint to this structural unit of the police if a police officer has committed a criminal act. Typically, this body receives complaints about corrupt police officers, concealment of evidence, or violent actions against suspects. Based on these facts, verification measures must be carried out, based on the results of which a decision may be made on the need to initiate criminal proceedings against the perpetrators.

Procedure and direction of appeal

According to Art. 53 Federal Law No. 3-FZ, improper performance of the duties of a police officer can be appealed to the following authorities:

• superior official or body;
• prosecutor's office;
• civil court.

In this case, you can send a notice of an offense to several places at once or in order - from the employee’s managers to the court. To better understand who to complain to and in what order, it is recommended to familiarize yourself with the hierarchy of structural units of the government agency (from lower to higher):

1. OP (police department).
2. DMIA (branch of the Ministry of Internal Affairs) of a district or small city.
3. Department of the Ministry of Internal Affairs (administration of the Ministry of Internal Affairs) of a constituent entity of the Russian Federation or its unit.
4. Main Directorate of the Ministry of Internal Affairs (main department of the Ministry of Internal Affairs) of a constituent entity of the Russian Federation.
5. GUSB (main department of internal security of the Ministry of Internal Affairs), GUT (main department of transport of the Ministry of Internal Affairs).
6. Ministry of Internal Affairs.

Control and supervision of police activities is also carried out by the state and the public:

1. Government of the Russian Federation.
2. The president.
3. Public councils under the Ministry of Internal Affairs.
4. Public Chamber.

In practice, advantages have been noted in considering complaints sent simultaneously to several of the above addressees. This should be indicated in the “header” of the appeal: after the basic information about the recipient and sender, under the mark “copy”, list the other authorities notified of this violation.

In addition, you can protect yourself by contacting the Human Rights Council under the President of the Russian Federation and the Commissioner for Human Rights.

Distinctive features of a complaint against police officers

A complaint against police officers has the following characteristic features:

• It can be written by any person who believes that police officers have violated his rights and legitimate interests.
• An application or appeal to the court can be written handwritten or typewritten. To go to court, you must comply with the procedural order. You can't do without lawyers and attorneys.
• The application must necessarily indicate the passport details of the applicant, as well as the details of the authority where it is being submitted.
• The appeal shall indicate all relevant facts. They must be stated clearly and concisely.

In general, the law does not define a clear form for writing a complaint against police officers, so it is drawn up in free form, but with mandatory compliance with the above rules. Let me remind you that when going to court, you must follow the procedural order.

Prosecutor's office

The Prosecutor's Office exercises state supervision and control over compliance with legislative norms and the Constitution of the Russian Federation on the territory of the state, in particular over the legality of actions (inactions) of the entire structure of the Ministry of Internal Affairs, including the Ministry itself.

You can file a complaint against the police, starting with the district and ending with the Prosecutor General's Office of the Russian Federation.

The structure, subordination and addresses of territorial state supervision bodies can be found in the “Prosecutor’s Offices of Subjects” section of the official website of the General Prosecutor’s Office - https://www.genproc.gov.ru (select the Federal District, subject and go to the department’s portal).

Written notifications of police offenses to the Prosecutor General's Office are sent to:

1. By mail - GSP-3, 125993, Moscow, Bolshaya Dmitrovka St., 15a.
2. When visiting a public reception - Moscow, Blagoveshchensky lane, 10, according to the work schedule: on weekdays - from 9:00 to 18:00 (Friday - until 16:45), except for breaks (from 13:00 to 13:45).*

* - you can make an appointment from 9:00 to 17:00 on weekdays and from 9:00 to 15:45 on Friday.

An electronic appeal is made at https://ipriem.genproc.gov.ru/contacts/ipriem/send/:

Step 1. Decide on the type and type of complaint, indicate your full name and location of the violation.

Step 2. Leave your contact information and indicate your preferred method of receiving a response.

Step 3. Select the direction of the complaint, for example, “On issues of investigation and inquiry, including the refusal to initiate a criminal case.”

Selecting the type and type of complaint Entering contact information Selecting the direction of the complaint

How to file a complaint against police officers and how it is considered

After you have written a complaint (an administrative claim to the court), you can send it to the appropriate authority in two traditional ways: in person or by mail . In addition, nowadays it is possible to file a complaint by e-mail (this option is not always provided for in court). In particular, if you visit the official website of any prosecutor’s office in your city, then pay attention to the fact that there is a so-called online reception. This electronic service was created specifically for filing various complaints. If you decide to use this service, be sure to provide an email address to which information about the measures taken in response to your request can be sent to you.

If you wish to file a complaint in person, this is usually done through the office of a particular authority. So, in the office of the prosecutor's office, when registering your complaint, a copy of it, which will be given to you, is marked with the date of its acceptance and the official who will deal with your case. You can check with him about his progress by phone or by making an appointment.

Based on the results of the inspection, an appropriate decision must be made, of which the author of the complaint must be notified. Such notice is usually sent in an envelope by mail or by email. In addition, you can indicate in the appeal that you want to pick up the answer to it personally. Then it can be obtained from the office of the relevant authority against signature. If the applicant is dissatisfied with the decision taken on the complaint, he has every right to appeal it to a higher authority or to court. Let me remind you once again that when going to court, it is necessary to comply with the procedural order.

Ministry of Internal Affairs

The federal executive body of full power in the field of internal affairs, among other powers, carries out control and supervisory activities in relation to subordinate structures. You can complain to the Ministry of Internal Affairs in the following ways:

1. Visit a public reception according to your work schedule.
2. Send to postal address.
3. Call the hotline.
4. Contact via online service.
5. Write a complaint to the Minister of Internal Affairs

The public reception is located at Moscow, Sadovaya-Sukharevskaya street, building 11.

The management staff of the Ministry of Internal Affairs also receives citizens from 10:00 to 13:00, according to the schedule presented at the link https://mvd.ru/contacts/help/Grafik_priema_grazhdan.

Written complaints are sent by mail or in person through the letter box in the administrative building of the Ministry - 119991, Moscow, st. Zhitnaya, 16.

Hotline telephone number for notifications of violations. Calls are accepted around the clock and all messages received are subject to mandatory registration.

Submission of an application through the online service is carried out through the official portal of the Ministry, following the link https://mvd.ru/request_main. The algorithm of actions is identical to filing an electronic complaint from the State Security Service, with the exception of the second point, where you will need to select the first position from the list - “Ministry of Internal Affairs of the Russian Federation.”

What is the review time frame?

Complaints to all authorities must be considered no more than 30 calendar days in advance. At the end of this period, a review response will be sent to the sender. The delivery option depends on the contact information provided: by post or by email.

It is necessary to complain to higher authorities about unlawful actions of police officers, as well as their inaction. You should start by contacting the police officer’s immediate superiors. If it cannot resolve the conflict, then it is necessary to submit a written complaint to the prosecutor’s office, court, CSS, council of the Ministry of Internal Affairs or other public organization.