Is it necessary to file a complaint twice with the same prosecutor’s office under the Code of Criminal Procedure?

Grounds for filing a complaint against the FSSP

Two key grounds are the action and inaction of the bailiff. An action is understood as the adoption of any unlawful decision, for example, a resolution that infringes on the rights of a creditor or another subject of enforcement proceedings (for example, a loan debtor). Inaction is the actual failure of the SPI to fulfill its main responsibilities.

The concept of “inaction” should also include the failure of the bailiff to perform any action or failure to make a decision within the period allotted by law. It is important to take into account that a complaint against bailiffs, regardless of the grounds, is filed in the order of subordination. This is the most commonly used way to resolve the issue and does not limit the applicant’s right to appeal to the court or supervisory authorities.

Powers of the prosecutor

Within the framework of the assigned powers, the prosecutor supervises:

1. For the implementation of legislation (checks the implementation of legislation on the basis of received information, initiates a case of an administrative offense and releases from liability, appeals against legal acts that contradict the law).
2. For the observance of human and civil rights and freedoms (considers allegations of violations, explains the procedure for protecting victims, initiates cases of administrative offense or criminal offense, represents the interests of citizens in court).
3. Over the implementation of laws by law enforcement agencies (considers applications and complaints from citizens regarding the actions (inactions) of law enforcement agencies, checks such actions for compliance with the requirements of criminal procedural legislation).
4. For the implementation of laws in the field of execution of punishments.

Also, in accordance with the requirements of the Constitution of the Russian Federation, the Law on the Prosecutor's Office and the Code of Criminal Procedure of the Russian Federation, the prosecutor:

• participates in court hearings as a prosecutor (in criminal cases) and a representative of citizens whose rights have been violated;
• may apply to change the measure of restraint or the period of arrest;
• cancels decisions of the police and other law enforcement agencies in the event of violations and contradictions to the main legislation;
• removes officials from performing duties in the field of investigation;
• requests materials from a criminal or administrative case to conduct an inspection.

Complaint against a bailiff in the order of subordination

The rules for filing a complaint in the order of subordination are specified in Art. 123 Federal Law “On Enforcement Proceedings”. If disagreements arise with the IRS, first of all, it is recommended to try to resolve the issue in the order of subordination. The reason (action or inaction) does not matter. Federal law provides for the following priority:

1. A complaint against a bailiff is submitted to the senior SPI - the official who heads the FSSP unit.
2. A complaint against a senior investigator is submitted to the chief bailiff of a constituent entity of the Russian Federation.
3. A complaint against the chief bailiff of the republic, territory, region is submitted to the chief bailiff of the Russian Federation.

When solving a problem within the framework of the FSSP department, the specified order is observed. The appeal/application is submitted to a superior official personally or through the official whose actions are being appealed. In the second case, the SPI will be obliged to proceed with the received application.

Deadlines for filing a complaint

In the order of subordination, the complaint is filed within 10 days after the FIR commits an action (inaction) or makes a decision. For example, a bailiff does not carry out enforcement actions against a debtor within the established time frame, which is an obvious fact of inaction. No more than 10 days should pass from the moment the claimant (another interested party) learns of the fact of inaction before filing a complaint.

If the interested person was not notified accordingly, then the countdown is taken from the moment when he learned or should have learned about the inaction of the IPI. The person who filed the complaint may withdraw it before a decision is made on it.

Time limits for consideration of a complaint

A complaint accepted by an official must be considered within 10 days (Article 126). During this period, the official is obliged to make a decision: to satisfy the applicant’s demands or to refuse to satisfy them.

What to do if the prosecutor's office is inactive?

If there is a need to combat the inaction of the prosecutor's office, then this issue is resolved by filing an appropriate complaint. Such appeals from citizens are individual .

The object of the complaint is a specific official who improperly performs or fails to fulfill his official duties.

The first step in this case is filing a complaint with the management of a particular prosecutor's office.

If there is no result, then the complaint will need to indicate an expanded circle of officials, and the document itself is sent to higher authorities.

Application to the prosecutor's office regarding the bailiff's inaction

Some citizens do not want to solve problems with the FSSP in the order of subordination. In their opinion, if the complaint does not go beyond the department, then no lawful decision will be made on it. Such a judgment is not entirely correct, but citizens and organizations in any case retain the right to appeal to the prosecutor’s office.

In the vast majority of cases, inspections of the activities of the FSSP by prosecutors are carried out at the request of citizens and organizations participating in enforcement proceedings. The procedure for considering complaints, appeals, statements of citizens and organizations is regulated by the federal law “On the Prosecutor’s Office of the Russian Federation” and Order of the Prosecutor General’s Office of Russia dated January 30, 2013 N 45 (Instructions on the consideration of appeals to the prosecutor’s office of the Russian Federation).

Prosecutor's office employees are obliged to respond to citizens' requests. Based on the results of consideration of one complaint, one of the following measures is taken:

• Accepted for resolution.
• Submitted to the lower prosecutor's office for permission.
• Left without permission.
• Sent for permission to other government agencies.
• Attaching to a previously submitted appeal.

In addition, the complaint may be returned to the complainant. This is possible if the text of the appeal, for example, is illegible, or the essence of the complaint is not related to a violation of the legislation of the Russian Federation. Every appeal received by the prosecutor's office is necessarily taken into account and cannot be ignored. The decision made by the prosecutor is not an obstacle to the applicant’s appeal to a higher prosecutor or to the court.

Sample application for inaction of bailiffs

Prosecutor's response measures are taken if a violation of the law is detected. A complaint to the prosecutor's office about the bailiff's inaction must be drawn up in such a way that the essence of the violation committed by the IRS is clear from its text.

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The following information must be included in the complaint:

• Initials, position, class rank of the prosecutor's office employee to whom the appeal is submitted, as well as the name of the prosecutor's office (district, district, city, region, republic).
• Initials, position, class rank of the FSSP employee whose actions/inactions are being appealed.
• Statement of factual circumstances - what exactly the violation is, what measures were taken and not taken by the FSSP employee.
• Links to current legislation.
• Links to additional documents (if available).

The complaint against the bailiff to the prosecutor's office does not have any clear structure. The main thing is that all the main circumstances are presented in an accessible form. Otherwise, the application may be left without permission or returned to the applicant.

The procedure for filing and consideration of a complaint

A complaint to the prosecutor's office is sent in writing, orally, or in the form of an electronic document. Appeals can be individual - submitted by the applicant himself, and collective - by a group of citizens or organizations. The main thing is that there are grounds for such an appeal.

In accordance with paragraph 5.1 of Art. 5 Instructions and requests that do not require additional information and those received from individuals and military personnel are considered within 15 working days. If additional verification is required, the period for consideration and resolution of the complaint increases to 30 working days.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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How to write an application?

A complaint against the prosecutor's office is written in free form. Its content and list of attached documents depend on the specific situation. Certain requirements apply only to filing a complaint.

If some data is missing, the prosecutor's office has the right to refuse to accept the document and its registration.

In addition, the information must be presented in the correct form (the use of profanity should not be allowed), the text must be composed logically and consistently.

The complaint must include the following information:

• applicant’s details (full name, contact information, residential address and email address if available);
• date of filing the complaint (indicated at the end of the text);
• list of attached documents (if any);
• full name of the government agency to which the complaint is filed;
• essence of the complaint (logical and step-by-step presentation of information).

A complaint against the prosecutor's office should contain references to regulations , the provisions of which were violated by officials.

In some cases, it becomes difficult to draw up such a document yourself.

You can turn to a lawyer for help or try to find the necessary information on official websites.

The text of the complaint must be written correctly and exclude elements of colloquial speech. Events must be presented step by step and in as much detail as possible.

Sample of appealing the response of the prosecutor's office to a higher prosecutor.

Comments: 34

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Soloviev Alexander Alekseevich
   10/13/2021 at 11:03 am Yekaterinburg Kunarskaya st * tel 8 * debtor Kim Tatyana Grigorievna has not paid the debt since May 2021, what should we do we can’t get to the bailiff Shein
   Reply ↓
2. Olga
   10/11/2021 at 16:49

   Good afternoon. For a very long time (more than 10 years) the issue of the “honest” work of the bailiffs cannot be resolved...... The brother does not live with the woman, but pays alimony for the child... But she believes that this is not enough and complaints are constantly being written,..... Only the necessary certificates and documents will be collected ... Confirming that this is the case... Surely something is happening, the court is changing. The bailiff (more than one) does not have enough certificates... Etc. As a result, the case is half empty, it’s not realistic to put everything back together again. Nightmare. My brother lives in another city, not where he previously lived, asked for the help of a representative, drew up a power of attorney, sent money to go to court and represent his interests…. Alas, the second representative has already “leaked” to the phone. Did not answer…. As a result, it turns out that for two years she did not go anywhere; all the copies of certificates and originals that she had were also with her, but they were not there... For some reason, for more than two years, the case was not sent to the city where he now lives, they delayed.... The case arrived almost empty... During this time, they put him on the wanted list, he called himself, got in touch, it seems like he was removed from the wanted list, now a driving ban has been imposed (the only way to earn money) The amount of debt is not clear where it comes from…. There is so much more to tell... Tell me who to turn to for help. The guy is 38 years old and he is not hiding. Because of all the endless hassle, problems with his heart began. As a sister, I want to, but I don’t know who to turn to and help.

   Reply ↓

3. Victor Vladimirovich
   09.29.2021 at 12:11

   Dear Irina. I had one enforcement proceeding initiated by a local bailiff in 2015 at my place of registration and permanent residence in the regional center. in favor of SBERBANK. The second enforcement proceeding for another debt was initiated in 2017 by a regional bailiff from the department for special enforcement proceedings in favor of the burst JSCB PROBUSINESSBANK.. I did not live in the regional center, was not registered and did not have any property. Is it possible to return the second enforcement proceedings under the jurisdiction of local bailiffs at my place of permanent residence.

   Reply ↓

4. Gulnaz
   09/07/2021 at 15:39

   Good afternoon...I have paid all my debts and my debt is still not cleared...why is this??I went to the bailiffs and they promised that they would do it soon...time passes and the debt hangs...where can I file a complaint against the bailiffs for inaction?

   Reply ↓
   Anna Popovich
   09/07/2021 at 18:48

   Dear Gulnaz, complaints in the order of subordination are submitted in writing to the official of the Federal Bailiff Service, who is subordinate to the official whose inaction is being complained about. You can contact the FSSP via the online reception using this link and report the lack of progress on your case online.

   Reply ↓

What could be the reasons?

It would seem that the question sounds somewhat strange, but, nevertheless, it is necessary to familiarize yourself with it. The prosecutor's office is a state body, complaints against which can only be filed in special cases. It is necessary to approach the issue as thoroughly as possible, because a complaint will cause serious measures against specific employees or even an entire department. There are several good reasons for which you can file a complaint against the prosecutor's office:

1. Refusal to accept the application. This can be either a refusal without giving any explanation, or a refusal for reasons that are not sufficient for such an action. Or these reasons may contradict the law or violate your rights. The prosecutor's office is obliged to accept and register all incoming requests, and refuse to investigate only for strictly regulated and compelling reasons.
2. Inaction of the prosecutor's office and failure to comply with inspection deadlines. Inaction may be a complete absence of any responses, or failure to register a statement. This also includes delaying all required deadlines without explaining the reason.
3. Violation of your rights. This could be a violation of your rights by a specific employee or by the department as a whole. Inaction of prosecutors in some cases can also be considered a serious offense.
4. Insults to your honor and dignity by an employee of the prosecutor's office.

This is important to know: Application to the prosecutor's office to initiate a criminal case: sample 2021

Since the position of an employee of the prosecutor’s office is a state one, for such violations he will not only face a serious check for possible violations. In addition to dismissing an employee, he may be accused of exceeding official authority or negligence, depending on the situation. Keep in mind that such crimes are punished much more harshly for officials than for ordinary citizens, because this is a serious government body.

Area of ​​responsibility of the prosecutor's office

The prosecutor's office is a government body that oversees compliance with adopted legislation on the territory of our country. As part of their activities, employees of this department adhere to a number of laws, the key of which is Federal Law No. 2202-1 “On the Prosecutor’s Office of the Russian Federation.”

The law establishes the main responsibilities of department employees:

• monitoring compliance with legal requirements by executive authorities, law enforcement agencies and legal entities;
• monitoring compliance with all rights and freedoms of a citizen enshrined in the Constitution of the Russian Federation, especially when carrying out operational and investigative activities with his participation;
• consideration of citizens' complaints in case of violation of their rights.

In addition to their duties, like any government officials, prosecutors have a number of prohibitions. This is, first of all, a ban on participation in corruption schemes. Also, department employees are limited in running a business and other ways of generating additional income. This is done to eliminate situations of conflict of interest and abuse of official position.

In addition, prosecutors are prohibited from disclosing confidential or proprietary information or opening foreign accounts. There is also a limitation on the representation of third parties in the event of substitution. For improper performance of his work duties, an employee of the prosecutor's office may be subject to disciplinary liability.

The hierarchy of the prosecutor's office is quite simple. The city prosecutor's office (if there is one in your city) is subordinate to the district, and that, in turn, is subordinate to the regional one. At the same time, in small settlements there may not be their own body, and then the first level will be the district one. The regional prosecutor's office is subordinate to the general prosecutor's office, and this is an independent authority. The Prosecutor General is appointed by the President. The hierarchy should be known and observed when filing a complaint, otherwise the prosecutor's office to which it was received will return it to the correct authority, which will delay the consideration.

When an illegal decision is made

What should you do if the state supervisory authority made an unlawful decision on your application or you were not satisfied with the explanation from the prosecutor’s office where to complain under such circumstances?

Officials of the supervisory body who violated the provisions of Federal Law No. 59 are responsible for this. This is prescribed by Article 15 of the relevant Federal Law. The punishment is administrative fines imposed on those responsible for violating the procedure established by the legislation of the Russian Federation for considering citizens' appeals.

If the punishment is insufficient or if administrative fines do not resolve the problem arising from your appeal, you can transfer the decision on the verdict to the judicial authorities. This is where you can become an active participant in the process and influence the course of the trial.

To ensure proper preparation of documents, it is better to use the services of our legal consultants.

Where to complain if previous methods did not help?

Now let's talk about the most problematic and unpleasant scenario. If an application to the Prosecutor General’s Office did not help you resolve the situation, and you are very determined to restore justice, then you should go to court. You can file a claim for the inaction of the prosecutor's office, regardless of how serious the consequences of this negligence on the part of the prosecutor's office were.

In court, you will need to deal directly with the prosecutor's office, but you should not worry too much about the complexity of the process. The prosecutor's office, as a state body, bears considerable responsibility for its own actions, in addition to a huge number of obligations.

Filing a claim with the court is carried out with a statement similar to a standard complaint, so you will not have to change much of the initial appeal. You can also bypass the appeal to the Prosecutor General's Office by immediately going to court.

Info

The trial itself . The entire legal process will take place in the form of a trial, so without the participation of a specialist it will be quite difficult to confront civil service employees in some issues.