Submission from the prosecutor's office to eliminate violations: sample response 2021

Hello, friends! There is such a form of prosecutorial response to violations of the law as the prosecutor’s proposal to eliminate violations of the law.

The procedure for making a presentation is regulated by the law on the prosecutor's office . The prosecutor's submission is subject to immediate consideration.

A period has been established during which specific measures must be taken to eliminate violations of the law. The person performing the representation must inform the prosecutor about the results of the measures taken.

The idea of issuing a prosecutor's report is to quickly respond to a violation of the law and restore the rule of law.

It sounds good, but this is how it actually happens. I will say honestly that I have not often encountered such a form of prosecutorial response as a prosecutor’s presentation . Therefore, I could have formed the wrong opinion regarding the effectiveness and necessity of this form of response to a violation of the law.

Is it necessary to give feedback?

It should be noted that Part 1 of Art. 6 of the Law “On the Prosecutor’s Office of the Russian Federation” does not classify the prosecutor’s submission as unconditional execution. The legislator does not establish that the result of consideration of a proposal should be its satisfaction.

It follows from this that the person to whom it was issued may recognize the representation as illegal or unfounded (these facts have not been confirmed). Therefore, such a representation is not enforceable. In this case, a reasoned response is sent to the prosecutor's office about non-fulfillment of the request.

Review period

When a submission is received by an organization, it is registered in the secretariat of the addressee. The term "prompt review" implies that the document is being reviewed as soon as possible.

The legislation does not define this term “in days”. In practice, within 3 working days from the date of registration, the manager in whose name the proposal is made determines the circle of persons who will carry out the proposal on its merits (conduct additional verification, for example).

If the submission indicates that a prosecutor must be present at its consideration, he is notified in writing or orally of the place, date and time of the consideration.

Expert opinion

Mikhailov Igor Konstantinovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in document examination.

The period for taking measures to eliminate violations is calculated from the date of submission of the submission. The law does not give clear instructions on what is meant by date: the date of registration with the prosecutor's office or the date of registration with the addressee.

In practice, in order to avoid red tape when considering a submission, in the demanding part of the document, the prosecutor can indicate a specific date for taking measures to eliminate violations.

Is it possible to appeal a document?

Any order can be appealed. As a rule, ten working days are given for this (but it is better to find out the exact time frame in each case separately).

An appeal must be submitted only to the authority that conducted the inspection, and only in writing.

It should be remembered that filing an objection to an order does not stop its action, so it is better to write and send it immediately after receiving comments.

If the case of challenging an order comes to court, it is necessary not only to have in hand the original document, but also a full understanding of the legislative framework on the basis of which the interests of the organization will be defended.

How to write an answer?

After considering the submission, confirming or refuting the facts specified in it, and determining the circle of persons guilty of violations, a response to the prosecutor is made in writing.

In any form?

It is not legally established what the response to a submission should look like, so it is drawn up arbitrarily. The document is sent on the organization's letterhead.

What should the document contain?

Drawed up in the name of the manager.
The full name of the prosecutor's office that issued the report, the name of the head, and class rank are written down.
The title reads: “Response to the submission to eliminate deficiencies identified...”.
A reference is given to the date and document number, and the requirements and deadlines for elimination are briefly outlined.
A list of identified violations and a list of corrective actions are provided.
Attached are copies of documents confirming the elimination of deficiencies.
Copies of the order on disciplinary or other measures against violators.

The response is signed by the head of the organization and certified with a seal.

Frequency of inspections

The frequency of certain activities to monitor the activities of organizations is regulated by law and can vary in different cases (from monthly, quarterly inspections to inspections with a three-year break).

In addition, checks are divided into:

planned are those about which employees of the organization are notified in advance;
extraordinary.

The latter, as a rule, are carried out either as a result of complaints received, or so that the inspection staff can make sure that previously identified violations have been eliminated.

The peculiarity of unscheduled inspections is that they can be carried out once, and only after the expiration of the period given for correcting shortcomings or when the previously issued order has not been appealed in the prescribed manner.

Will there be disciplinary punishment?

This measure is an indicator of the effective work of the prosecutor and is assessed as one presentation - one punishment. If the indicator is less than 1, then the work of the supervisory authority may be considered unsatisfactory.

Disciplinary sanctions include:

comment;
rebuke;
announcement of inadequacy for the position held;
dismissal.

A disciplinary sanction can be imposed no later than 6 months from the date of its commission . Art. 192 of the Labor Code of the Russian Federation reserves the right to impose penalties for the employer.

If the demanding part of the submission contains an indication of the application of disciplinary measures, the head of the organization must conduct an internal review as part of the execution of the submission. During the inspection, establish the fact of violation of the law (or lack thereof), the degree of guilt and the severity of the consequences.

The manager has the right to refuse to bring an employee to disciplinary liability on the basis of an internal review and contrary to the demands of the prosecutor. In case of disagreement with the prosecutor, the issue is resolved in court.

Which companies are most often inspected?

According to the law, various types of inspections can be carried out in relation to almost any enterprise registered in the Russian Federation. But most often they are:

in companies involved in the trade of food products and pharmaceuticals;
in various types of production;
in educational and medical institutions.

There are checks:

on-site (i.e. carried out directly at the address where the company is registered);
remote (performed by employees of supervisory authorities at their workplaces).

Responsibility for failure to comply with the requirements of the prosecutor's office

Responsibility for intentional failure to comply with the requirements of the prosecutor's representation is provided for in Art. 17.7 of the Code of the Russian Federation on Administrative Offenses:

for citizens - an administrative fine in the amount of one thousand to one thousand five hundred rubles;
for officials - from two to three thousand rubles, or disqualification from 6 months to 1 year;

Let us remind you that the range of prosecutorial supervision is wide. It means:

control over the implementation of Russian legislation in the administrations of the constituent entities of the Russian Federation;
monitoring compliance with human rights and freedoms;
for the bodies of preliminary investigation, inquiry, operational investigative units;
supervision over compliance with legislation in places of deprivation of liberty.

Art. 22 of the Law “On the Prosecutor’s Office of the Russian Federation” obliges the prosecutor to “make recommendations to eliminate the causes of violations of the law.” Representation, as one of the forms of supervision, helps ensure compliance with Russian legislation in all spheres of society.

The response to the prosecutor's request for information is an official letter in which the organization provides the information necessary for the government agency to conduct an inspection. Documents may also be requested. You need to respond within 1 to 5 days.

Sample objections to the prosecutor's appeal submission

To the Samara Regional Court

443099, Samara, st. Kuibysheva, 60

from the lawyer of the law firm “Antonov and Partners” Dragunov M.E.

, reg. No. 63/3215 in the register of lawyers of the Samara region

Address for correspondence:

443080, Samara, Karl Marx Avenue, 192, office. 619, tel. 8-927-734-08-16

e-mail adress

to protect the interests of Full Name1

, DATE1.

OBJECTIONS

on appeal

By a resolution of the Leninsky District Court of Samara dated April 21, 2021, the criminal case against FULL NAME1 for the commission of a crime under Part 1 of Article 228 of the Criminal Code of the Russian Federation, on the basis of Article 25.1 of the Code of Criminal Procedure of the Russian Federation, was terminated due to the appointment of a criminal law measure in in the form of a court fine in the amount of 20,000 (twenty thousand) rubles.

The defense side considers the said resolution of the Leninsky District Court of Samara dated April 21, 2021 to be completely legal and justified.

Having disagreed with the decision of the Leninsky District Court of Samara dated April 21, 2021, the state prosecutor FULL NAME2 DATE2 filed an appeal.

In the appeal submission, the state prosecutor, as a justification for the illegality of applying a criminal law measure in the form of a court fine to FULL NAME1, indicated the following:

“According to the meaning of the law, the provision of charitable assistance by transferring funds does not indicate assistance in restoring the legitimate interests of society and the state violated as a result of the actions of FULL NAME1. Despite the fact that the law does not contain a direct reference to the lack of restrictions in the law for applying the provisions of Article 76.2 of the Criminal Code of the Russian Federation to crimes in this area, including Part 1 of Article 228 of the Criminal Code of the Russian Federation, there were no grounds for satisfying the lawyer’s request.”

The defense considers the arguments set out in the appeal submission to be unfounded and not in accordance with current legislation.

As the court of first instance absolutely correctly indicated in the Resolution dated April 21, 2021, neither the criminal nor the criminal procedural law, subject to the conditions listed therein, contain restrictions on the possibility of terminating criminal cases on any grounds related to the type of crimes directed against the person, property, justice or military service, or the presence of several objects of criminal attacks. Moreover, these norms link this with the consent of the accused to terminate the criminal prosecution and compensation for damage from the crime or making amends for the harm caused by the crime, without requiring the consent of the prosecutor and the victim to terminate the crime.

As the defense has already indicated in its petition to terminate the criminal case in connection with the imposition of a criminal law measure in the form of a court fine, within the meaning of Art. 76.2 of the Criminal Code of the Russian Federation, a person who has committed a crime of minor or medium gravity for the first time may be released by the court from criminal liability with the imposition of a court fine if he has compensated for the damage or otherwise made amends for the harm caused by the crime.

In accordance with Art. 25.1 of the Code of Criminal Procedure of the Russian Federation, the court, on its own initiative or based on the results of consideration of a petition filed by an investigator with the consent of the head of the investigative body or by an inquiry officer with the consent of the prosecutor, in the manner established by this Code, in cases provided for in Art. 76.2 of the Criminal Code of the Russian Federation, has the right to terminate a criminal case or criminal prosecution against a person suspected or accused of committing a crime of minor or medium gravity, if this person has compensated for the damage or otherwise made amends for the harm caused by the crime, and to assign this person a criminal law measure in the form court fine.

Termination of a criminal case or criminal prosecution in connection with the imposition of a criminal law measure in the form of a court fine is allowed at any time during the criminal proceedings until the court is removed to the deliberation room to pronounce the verdict, and in the appellate court - until the appellate court is removed to the deliberative room room for making a decision on the case.

As explained in paragraph 2.1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability”, making amends for damages (Part 1 of Article 75, Article 76.2 of the Criminal Code of the Russian Federation) means property, including monetary , compensation for moral damage, providing any assistance to the victim, apologizing to him, as well as taking other measures aimed at restoring the rights of the victim violated as a result of the crime, the legitimate interests of the individual, society and the state.

According to clause 16.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability”, based on the provisions of Article 76.2 of the Criminal Code of the Russian Federation, exemption from criminal liability with the imposition of a judicial fine is possible if there is the conditions specified in it: the person committed a crime of minor or medium gravity for the first time, compensated for the damage or otherwise made amends for the harm caused by the crime.

Thus, neither legislation nor judicial practice provides for the possibility or necessity of taking into account the object of a criminal attack when deciding on the issue of exemption from criminal liability in connection with the imposition of a judicial fine.

According to paragraphs. 1 and 2 of the Review of judicial practice of exemption from criminal liability with the imposition of a judicial fine, approved by the Presidium of the Supreme Court of the Russian Federation on July 10, 2019, there is no prohibition on the possibility of exemption from criminal liability with the imposition of a judicial fine, subject to compliance with the provisions of Art. 76.2 of the Criminal Code of the Russian Federation, conditions and in those cases where the disposition of the corresponding article of the Criminal Code of the Russian Federation does not provide for causing damage or other harm as a mandatory sign of the objective side of the crime, and possible methods of compensation for damage and making amends for the harm caused by the crime are not limited by law and the harm caused by the crime may be compensated in any form that allows to compensate for the negative changes caused by the crime to social relations protected by criminal law.

Moreover, in judicial practice and decisions of the courts of the Samara region in similar criminal cases, it is recognized that making amends for damage in the form of transferring funds to charitable foundations is sufficient for exemption from criminal liability in connection with the imposition of a court fine, including under Article 228 of the Criminal Code RF (Resolution of the Sovetsky District Court of Samara dated May 12, 2020 in case No. 1-200/2020).

We believe that all the requirements of criminal procedural legislation were fully complied with by the judge of the Leninsky District Court of Samara when considering this case. All conditions for releasing FULL NAME1 from criminal liability in connection with the imposition of a criminal law measure in the form of a court fine were also met.

Thus, the defense considers the resolution of the Leninsky District Court of Samara dated April 21, 2021 legal, reasonable and fair.

According to clause 1, part 1, art. 389.20 of the Code of Criminal Procedure of the Russian Federation, as a result of consideration of a criminal case on appeal, the court has the right to decide to leave the verdict, ruling, decision unchanged, and the complaint or presentation unsatisfied.

Based on the above and guided by clause 1, part 1, art. 389.20 Code of Criminal Procedure of the Russian Federation,

P R O S H U S U D:

The resolution of the Leninsky District Court of Samara dated April 21, 2021 is left unchanged, the appeal submission of the state prosecutor FULL NAME2 is not satisfied.

Application:

original warrant from lawyer M.E. Dragunov

Defender FULL NAME1 ___________________________ lawyer Dragunov M.E.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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How much time do you have to respond to requests from the prosecutor's office?

The standard time to prepare and send a response to the prosecutor’s office is 5 working days. If information is requested as part of a legal compliance check, within two days. In exceptional cases, if there is a threat to life or health, the interests of the state or state property - within 24 hours.

If the organization is not ready to provide the necessary information on time, it should respond by letter within the period of provision informing about this. It is important to substantiate the inability to provide documents on time. This will allow you to get a reprieve.

How to write an answer

The answer is prepared on the organization’s letterhead. The text consists of three semantic parts.

name of the addressee where the response is sent;
name of the organization submitting the information, its legal and actual addresses, contact details;
details of the appeal received by the organization: date of receipt, outgoing number of the prosecutor's office and incoming number of the organization;
Briefly the essence of the requirements.

presentation of the required information;
the reasons why the information was not provided within the time period specified in the request and when the organization will provide it;
refusal to provide and its reasons.

list of attached documents;
Date of preparation;
position, full name the signatory and the signature itself.

Expert opinion

Mikhailov Igor Konstantinovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in document examination.

Before sending, the response is registered and an outgoing number is assigned. The response should be submitted to the prosecutor's office in a manner that allows for prompt delivery to the addressee and confirmation of delivery.

What happens if you don't respond to the request?

The law is clear that the recipient of the demand must respond to the request. The absence of any response to the prosecutor's request, even a negative one, will entail serious consequences.

A representative of the organization will be invited to a personal meeting. Failure to appear is qualified as an administrative offense under Art. 17.7 Code of Administrative Offenses of the Russian Federation.

Neglect of prosecutorial requirements entails a fine:

for a citizen - from 1000 to 1500 rubles;
for an official - from 2000 to 3000 rubles or disqualification from 6 months to one year;

If you, as an official or representative of a legal entity, received a resolution to consider a case of an administrative offense, then in accordance with Part 1 of Article 29.13 of the Code of the Russian Federation on Administrative Offenses, you should have been given a proposal to eliminate the causes and conditions that contributed to the commission offenses (representation of elimination). You must write a letter to the specified document within a month - a response to the request for elimination.

How to respond to a submission from Rospotrebnadzor

According to paragraph 2 of Art. 29.13 of the Code of Administrative Offenses of the Russian Federation, the organization is obliged to consider it and respond to it within a month from the date of receipt of the submission. Before generating a response to a submission, an enterprise must:

1. Take all necessary measures to level out all the violations named in the submission and the reasons that gave rise to them.

2. Identify and hold accountable employees whose improper performance of official duties contributed to the occurrence of violations.

3. Take measures to prevent the occurrence of identified violations in the future.

A response to Rospotrebnadzor’s submission is drawn up in any form - as a rule, on the company’s letterhead or with a corner square stamp containing the organization’s details. In addition to the company’s identification data, the response to the submission must contain:

1. Details of the addressee (the territorial office of Rospotrebnadzor, which made the submission, as well as the full name of the head).

2. Title of the letter (“Response to the submission”).

3. Details of the submission to which the response is being made (date, number, deadline, main claims).

4. Content part. Here you should explain step by step, from violation to violation:

what measures have been taken to eliminate the noted deficiency,
what actions have been taken to prevent the identified violation in the future,
What punishment did the guilty employees receive?

The explanatory part of the response letter can be formatted as a list or table. In any case, chaotic and chaotic presentation, as well as ignoring any of the noted violations, is not allowed.

5. Signature of the manager and seal of the organization (if any).

Requirements for a response to a motion to eliminate

Any government body vested with supervisory powers (prosecutor's office, Rosprirodnadzor, ministry, committee) can issue a notice of elimination to you after your case of an administrative offense has been considered.

According to the provisions of Part 2 of Article 29.13 of the Code of Administrative Offenses of the Russian Federation, an official or legal representative of a legal entity is obliged to consider a proposal to eliminate the causes and conditions that contributed to the commission of an administrative offense, and to inform the official who made the said proposal about the measures taken to eliminate the causes and conditions that contributed to the commission of an administrative offense, within a month from the date of receipt of this submission.

Responsibility for failure to provide a response to a submission

If information (information) on the measures taken to submit a proposal to eliminate the causes and conditions that contributed to the commission of an administrative offense is not provided to the official who made the specified submission within the prescribed period, the official is obliged to draw up a protocol on administrative responsibility for the administrative offense provided for Article 19.7 of the Code of the Russian Federation on Administrative Offenses and send it for consideration to the magistrate’s court.

Article 19.7 of the Code of Administrative Offenses of the Russian Federation:

entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles; for legal entities - from three thousand to five thousand rubles.

Sample response to a motion to eliminate

(name of official position)

(name of government agency)

(full name of official)

Response to the submission to eliminate the causes and conditions that contributed to the commission of the offense from ****** No. ****

In response to your request to eliminate the causes and conditions that contributed to the commission of the offense from *** No. ***, I report the following:

the requirements of environmental legislation were additionally studied;
a responsible official has been appointed for compliance with legal requirements (Appendix No. 1);
measures have been taken to eliminate violations of environmental legislation;
the person responsible for committing an administrative offense is brought to disciplinary liability.

This submission was considered in the presence of *****

This is an approximate list of measures that could be taken by the enterprise in order to eliminate the causes and conditions that contributed to the commission of the offense.

Submission to eliminate violations of the law
Deadline for preparing a response to the prosecutor’s submission
The response is signed by the head of the organization and sealed.

Prosecutor's Office of the Russian Federation Prosecutor's Office of the Omsk Region PROSECUTOR'S OFFICE ..... administrative district of Omsk

To the Chairman of the HOA "..." K. st. ..., d. ..., Omsk

SUBMISSION on elimination of violations of housing legislation

The district prosecutor's office, at the request of S., conducted an inspection of compliance with the requirements of housing legislation in the activities of the HOA "...", during which violations were identified.

The prosecutor's office ... of the administrative district of Omsk in the activities of the HOA "...." at the request of K., A. and V., living in apartment building No. ... on the street. ... in Omsk, an inspection of compliance with the requirements of housing legislation was carried out, based on the results of which violations of the legislation being inspected were identified.

In accordance with the provisions of Part. Part. 2, 2.2 art. 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building:

direct management of premises owners in an apartment building;
management of a homeowners' association, housing cooperative or other specialized consumer cooperative;
management of the management organization.

When managing an apartment building by a homeowners' association, the said partnership is responsible for the maintenance of common property in this building in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building, for the provision of utilities depending on the level of improvement of this house, quality which must comply with the requirements established by the Government of the Russian Federation for the provision, suspension and limitation of the provision of utility services to owners and users of premises in apartment buildings and residential buildings.

Based on clause 3, part 2, art. 44 of the Housing Code of the Russian Federation, the competence of the general meeting of owners of premises in an apartment building includes making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including concluding agreements for the installation and operation of advertising structures, if it is intended to use common property for their installation and operation property of the owners of premises in an apartment building.

Management of an apartment building on the street. ..., d. ... Omsk is carried out by the Homeowners Association "...." on the basis of the minutes of the general meeting of owners of residential premises of this house No. 1 dated ... ... 2007.

In accordance with clause 2.2 of the Charter of the HOA "...", the subject of the partnership's activities, among other things, is organizing the management and ensuring the operation of the common property of the owners of house No. ... on the street. ... in Omsk, organizing its proper technical, fire safety, environmental, sanitary condition, ensuring that the homeowners of the specified house and other persons comply with the rules for using the common property of the house, organizing the safety of the specified property.

An audit carried out by the district prosecutor's office established that LLC "K." on the facade of house No. ... on the street. ... advertising structures were placed in Omsk. Lease agreement for the facade of the house for placing advertising structures of LLC "K." was not concluded.

At the same time, the HOA "..." has not taken the necessary measures to organize management and ensure the operation of the common property of the owners of house No. ... on the street. ... in terms of proper registration of the right to use the common property of the specified house of LLC "K." for placing outdoor advertising, or for dismantling said advertising.

Thus, the HOA "..." does not properly carry out activities to ensure the safety of the house No. ... entrusted on the basis of the minutes of the general meeting of owners of residential premises on the street. ... in Omsk No. 1 dated ... ... 2007, the property of the specified house.

These violations were committed through the fault of officials of the HOA "...", responsible for compliance with technical operation requirements when servicing apartment building No. ... on the street. ... in Omsk, became possible due to the implementation by the management of the company of improper control over their activities.

Based on the above, guided by Art. Art. 6, 22, 24 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”,

I DEMAND:

1. Immediately consider this submission with the participation of a representative of the district prosecutor’s office and take effective measures to eliminate the violations committed.

2. Bring the perpetrators to disciplinary liability.

Notify the prosecutor about the results of consideration of the submission and the measures taken.... administrative district of Omsk within the one month period established by law in writing, with copies of supporting documents attached.

Deputy District Attorney, 2nd class lawyer...

See further: Response to the above submission of the prosecutor on eliminating violations of housing legislation

We recommend an article on the topic: “Challenge the prosecutor’s submission to the court or give a response to it”?

Submission to eliminate violations of the law

There are no specific requirements for the content of the prosecutor’s submission to eliminate violations in the law, however, the following data is usually included in such a document:

name of the body, name of the official to whom the document is addressed;
sources of information about identified violations (for example, the results of an inspection, etc.);
a list of detected violations with links to the relevant legislation;
prosecutor's demands;
comments regarding the procedure and timing for consideration of such a submission.

Contents of the order

The prescription, as a type of document, does not have a single form. Various departments and institutions develop their own, individual forms. However, there is information that is contained in any such document:

information about the supervisory authority and the person who directly carried out control activities;
the date, place of the inspection and the company that was subjected to it;
the type and form of inspection are indicated, as well as references to the laws and regulations on the basis of which the inspectors act.

The main part of the prescription can be presented either as a list or as a table. Here are the details:

all shortcomings, errors and violations discovered by controlling persons;
deadlines for their elimination;
Recommendations are given (in some cases).

The order is always signed by the representative of the supervisory authority who carried out the inspection, as well as by an employee of the organization who was present.

The document is written in two copies , one of which is handed over to an employee of the enterprise, and the second is sent to the controlling structure.

Deadline for preparing a response to the prosecutor’s submission

Consideration of the prosecutor's submission must be carried out immediately after its receipt.

Risks! Deliberately ignoring the demands of the prosecutor, incl.

Failure to comply with the instructions contained in the prosecutor's submission may entail administrative liability under Art. 17.7 of the Code of the Russian Federation on Administrative Offences.

In this case, it is assessed who exactly is the official responsible for preparing the response.

Thus, the court found that the authorized person did not properly control his subordinates, who were entrusted with preparing the response, and therefore is the person responsible for violating the established deadlines (see the decision of the Samara Regional Court dated August 29, 2018 in case No. 12-446/ 2018).

Response to the proposal to eliminate violations of the law

The response to the submission of the prosecutor's office is drawn up on the organization's letterhead. It should contain the following information:

the name of the prosecutor's office and the name of the prosecutor who made the submission;
title of the document (“Response to submission on...”);
an indication of who specifically and when such a submission was considered;
a list of real measures taken aimed at eliminating violations of the law discovered by the prosecutor's office, and their results;

Note! If disciplinary measures were applied during the consideration of the submission, certified copies of orders on such penalties must be attached to the response to the submission. In this case, all rules and deadlines for bringing employees to disciplinary liability must be observed (see.

Art. “The procedure for bringing to disciplinary liability”).

The prosecutor's office strictly monitors the implementation of the submissions. Let's look at the situation from the prosecutor's point of view, having studied in the ConsultantPlus system the method of recommendations for bringing to justice under Art. 17.7 Code of Administrative Offenses of the Russian Federation.

Is the Prosecutor's Representation subject to unconditional execution?

Recently, members of the board of the Lesnoye gardening partnership turned to me for help. From their narrative it followed that the local district prosecutor's office intervened in an economic dispute between the Lesnoye ST and its former and failed members regarding the use of the garden partnership's power grids.

The owners of plot No. 34, who were not members of ST “Lesnoye”, bypassing the established norms and rules, arbitrarily connected to the energy networks of ST “Lesnoye”, the meter for metering consumed electricity together with the electrician of ST “Lesnoye” or the energy supply company was not installed and sealed, money They don’t pay for the electricity they consume and they don’t let you into their house. They ignore repeated explanations about the procedure for concluding an energy supply contract.

The owners of plots No. 21 and No. 96 were expelled from the membership of ST “Lesnoye” for violating the requirements of the Charter, failure to comply with the decisions of the general meeting, and failure to pay membership fees and consumed electricity. At the same time, they were explained the procedure for concluding an agreement on the use of infrastructure facilities and other public property of the Lesnoye ST, including the use of electrical facilities. They do not provide access to electricity consumption meters installed in homes, so it is not possible to accurately calculate the debt.

Due to the fact that ST “Lesnoye” does not have the obligation and financial ability to pay for consumed electricity for persons who have not entered into an energy supply agreement, guided by paragraph 2 of part 2 of Art. 8 of the Federal Law of the Russian Federation “On gardening, vegetable gardening and dacha non-profit associations of citizens”, the general meeting of members of ST “Lesnoye” decided to deprive the right to use power grid facilities of citizens who garden individually, are not connected to them in the prescribed manner and have arrears for consumed electricity. electricity.

This decision was not appealed to the court by interested parties.

On January 15, 2021, the Kolchuginsky interdistrict prosecutor of the Vladimir region, without identifying the circumstances relevant to the case, submitted to the chairman of the Lesnoye ST a proposal to eliminate violations of the legislation on the electric power industry dated 01/09/2018, which contained the following requirements:

— consider this Submission with the participation of a representative of the Kolchuginsk Interdistrict Prosecutor’s Office;

— take measures to prevent similar violations in the future;

— bring to disciplinary liability persons who committed the violations specified in the Submission;

- report the results of consideration of the Submission in writing to the Kolchuginsk Interdistrict Prosecutor's Office within a month from the date of receipt of the Submission.

The said Representation was considered and a response was given to it regarding the unfoundedness of the prosecutor’s position.

On February 26, 2021, the Kolchuginsky interdistrict prosecutor issued a resolution to initiate a case of an administrative offense against ST “Lesnoye” under Art. 17.7 of the Code of Administrative Offenses of the Russian Federation - deliberate failure to comply with the requirements of the prosecutor arising from his powers established by federal law, expressed in failure to fulfill the requirements set out in the Submission dated 01/09/2018, and transferred the administrative material for consideration to the Kolchuginsky City Court of the Vladimir Region.

In the Objection to administrative liability, I did not analyze in detail the legal relationship that had developed between ST “Lesnoye” and citizens gardening individually regarding electricity supply, but focused on the formal fulfillment of the legal requirements of the prosecutor, which are subject to unconditional execution.

The first and last demand of the prosecutor was fulfilled. The submission was considered and a response was given on February 13, 2018, which is not disputed by the prosecutor.

The second requirement is vague in nature, since it does not disclose specific measures that must be taken to prevent violations in the future.

At the same time, the Resolution on initiating a case on an administrative offense does not contain a description of any specific violations of the current legislation that were committed after ST “Lesnoye” received the Representation.

The third requirement to bring certain persons to disciplinary liability is illegal, since the application of disciplinary measures to an employee is a right, and not an obligation of the employer, and is carried out in accordance with the legally established procedure. Similar conclusions are available in the practice of the Supreme Court of the Russian Federation.

In addition, when putting forward this requirement, the prosecutor did not take into account the fact that members of the gardening partnership cannot be brought to disciplinary liability, since they are not in an employment relationship with ST “Lesnoye” and this type of liability is not provided for them by current legislation.

A legal entity’s disagreement with the position of the prosecutor set out in the Submission cannot be regarded as a failure to fulfill its requirements arising from its powers established by federal law, since:

— the requirements were not stated and specified;

— The proposal to eliminate violations of the law, regulated by Article 24 of the Federal Law “On the Prosecutor's Office of the Russian Federation,” by virtue of Part 1 of Article 6 of the same Law does not apply to unconditional execution.

From the disposition of Article 24 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” it follows that the Prosecutor’s Representation is subject to consideration. At the same time, it is not legally established that the result of consideration of the submitted Submission can only be its satisfaction. Consequently, if the person to whom it was submitted recognizes the Submission as illegal and/or unfounded, the Submission is not subject to execution.

Due to the legal position set out in the Ruling of the Constitutional Court of the Russian Federation dated July 18, 2021 No. 1742-O “On the refusal to accept for consideration the complaint of citizen Mikhail Yuryevich Kirilin about the violation of his constitutional rights, paragraph 2 of Article 21, paragraph 3 of Art. 22 and paragraph 1 of Article 24 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” in conjunction with Article 6 of the Civil Code of the Russian Federation”, “when supervising the implementation of laws, the prosecutor’s office does not replace other state bodies (clause 2 of Article 21), itself In itself, the prosecutor’s submission does not have the force of compulsory execution, since it pursues the goal of forcing the bodies and officials specified in paragraph 1 of Article 21 of this Federal Law to eliminate violations of the law, primarily on a voluntary basis.”

The prosecutor's disagreement with the decision of the general meeting of members of the Lesnoye ST to disconnect 3 sections from the power supply, on the one hand, and dissatisfaction with the Request for eliminating violations of the law, on the other hand, gave rise to a civil dispute about the rights and obligations of the parties.

According to Part 1 of Article 118 of the Constitution of the Russian Federation, justice in the Russian Federation is carried out only by the court.

In accordance with Part 1 of Article 1 of the Federal Law of the Russian Federation “On the Judicial System of the Russian Federation”, no other bodies or persons have the right to take over the administration of justice.

Thus, a prosecutor at any level cannot act as a quasi-judicial body considering civil disputes and making decisions that are unconditionally binding.

Due to the fact that the Prosecutor's Representation is not unconditionally enforceable, its failure to comply does not entail liability under Art. 17.7 of the Code of Administrative Offenses of the Russian Federation, even if the Submission is legal and justified.

This position was shared by the judge of the Kolchuginsky City Court and on March 22, 2021, he issued a resolution to terminate the proceedings for lack of an administrative offense.

The Interdistrict Prosecutor did not agree with the Judge’s Resolution and filed a Protest on April 2, 2021.

To be continued…

The response is signed by the head of the organization and sealed.

Important! If the recipient of the representation believes that it was issued illegally, then he can appeal it in the manner prescribed by law (in accordance with Chapter 22 of the Code of Administrative Proceedings of the Russian Federation or Chapter 24 of the Arbitration Procedural Code of the Russian Federation).

More information on this topic can be found in our article “How to challenge the prosecutor’s representation.”

Thus, the response to the submission of the prosecutor's office must be sent within 1 month from the date of its receipt. During the same period, specific measures should be taken to eliminate the identified deficiencies. A description of such events is included in the content of the response. Administrative liability is provided for failure to comply with the prosecutor's requirements.

If a notification is received, it is necessary to prepare a response to the prosecutor’s office’s proposal to eliminate violations . It is important to format the submission in accordance with established rules.

It's better to use a ready-made example. This will avoid the risk of errors.

The paper must reflect a list of mandatory information. The deadlines set by the prosecutor's office must be observed.

Otherwise, the person may be subject to administrative punishment. We’ll talk further about liability for late execution of the submission, drafting the paper, preparation and execution.

Response deadline

As mentioned earlier, it is better not to delay in reviewing the papers received from the prosecutor’s office and sending a response to the submission. The recipient is given only one month to complete all necessary actions. The submission records the date before which it is necessary to take measures to eliminate violations and notify the authorized body. Purposeful disregard of the requirements of the law will result in the violator being subject to administrative punishment.

Video

Sample document

Expert opinion

Mikhailov Igor Konstantinovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in document examination.

When preparing a response to a submission from the prosecutor’s office, you need to use the organization’s letterhead. During the filling process, you must provide a number of mandatory information. Without them, the document will not be considered valid.

It is important to reflect the list of required information on the paper:

indicate information about the institution that prepared the submission; you can reflect the full name of the body, full name of the prosecutor;
indicate the name of the complaint - a response to the submission of the prosecutor's office;
provide information about the peculiarities of reviewing the paper;
record a list of measures that were taken to eliminate the identified violations.

In the process of considering the prosecutor's submission, penalties may be applied to officials. In this case, copies of the order in accordance with which the sanctions were applied are attached to the response to the submission.

The documentation must be certified by the signature of the manager. The organization's seal is affixed to the paper.

The response to the submission of the prosecutor's office is also signed by the head and sealed.

Preparation and registration

If the company has received a submission, a response must be provided. The objection must be made strictly in writing. It records the reasons that led to violations of the law. It is better to use a ready-made sample response to the prosecutor’s office’s request to eliminate violations. This will minimize the risk of errors.

Please note: In practice, representations are not always made legally. If the organization believes that a violation has been committed, it is also necessary to prepare a response to the prosecutor’s office in the form of a letter. It must reflect the basis that serves as the reason for disagreement with the presented prescription.

The organization may leave the paper unanswered. However, violation of the deadlines reflected in the paper risks inviting the official to the prosecutor’s office for a conversation. An alternative measure of influence is the appeal of a representative of the authorized body to the court. In this situation, the official will act as a defendant.

When writing a response to the prosecutor’s office, you must follow the following recommendations:

First, you need to fill in the details of the submitted submission. This simplifies the work of the authorities in the office.
If the violations reflected in the paper are indeed present, it is necessary to promptly demand explanatory notes from all persons responsible for what happened. Additionally, measures may be imposed on violators in accordance with the norms of current legislation.
If the deadline for imposing sanctions has been missed, such actions cannot be taken against those responsible for the incident. If the paper was issued due to minor violations that had already been corrected by the time the submission was received, it is important to reflect the information in the response. Additionally, you need to attach evidence. They use documentation confirming the fact that violations have been eliminated.

Features of paper composition

If you need to prepare a response to the prosecutor’s proposal to eliminate violations of the law, it is recommended not to delay taking action. It is important to comply with the requirements specified in the document as quickly as possible.

The organization provides a month to complete the actions reflected in the paper. Within the same period, it is necessary to draw up a response and submit it to the prosecutor’s office.

If the above algorithm is not followed, the official will be held accountable.

If a response to a submission is not received in a timely manner, a representative of the organization may be summoned to the prosecutor’s office for an interview or go to court. The first method is reacting to inaction.

Its essence is to conduct a conversation with the person in order to identify what measures the organization has taken to eliminate violations. Additionally, a representative of the authorized body will try to find out why the response was not received in a timely manner.

If it turns out that the measures were implemented within the prescribed time limit, a fine can be avoided. The alternative is to go to court.

In this case, the recipient of the representation becomes the defendant. He is forced to participate in the trial.

In this case, the objectivity of the reason for the late response will have to be proven to the court. The proceedings take a lot of time.

If the verdict is in favor of the prosecutor, the executive authorities will take over control over compliance with the measures. The court's verdict must be complied with.