One of the options for countering violations by police officers is to file a complaint with the prosecutor’s office about the inaction of police officers. Representatives of the Ministry of Internal Affairs must behave appropriately, comply with the law and stand guard over it.
Often this rule is violated. At the same time, it often happens that the actions of the guardians of law and order go against the law. As a result, citizens suffer.
It must be said that it is always necessary to respond to inappropriate behavior of employees. Since, this will contribute to the speedy eradication from the law enforcement system of various elements that make it vulnerable and inconsistent with the constitutional order.
Where to complain about the police: requirements for the content of the statement that you cannot do without
So, how to properly write a complaint about unlawful actions of police officers?
Preparing and drawing up an application requires extreme care from a person.
First of all, it is necessary to find out all the possible options for the development of events. And you need to start by deciding where exactly to complain.
So, citizens can express their complaints to several bodies that have supervisory functions over police officers.
These include:
- Initially, the employee's superiors should be mentioned whose actions or inactions led to this situation.
- A complaint about the inaction of the police on duty can be sent to the OSB (internal security department).
- Citizens can also express their complaints to the prosecutor's office.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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It is difficult to say which action will be the most relevant and will bring the fastest result. To do this, you need to be aware of the specific situation. It is best to consult a lawyer here. However, our article will focus on the cases that have already been listed above.
The most common police violations
In order to understand the question of where exactly it is better to complain about the police, it is necessary to consider their most common actions or inactions.
Among them it is necessary to highlight such:
- Exceeding authority is basically making illegal demands.
- Actions as a result of which the rights of citizens were grossly violated - groundless detention, beatings.
- Inaction, that is, the lack of response from the authorities to calls for help, evasion of their duties, incompetence.
- Extortion of a bribe.
Some of these cases need to be further disclosed. Because they hide many different options.
First of all, we need to talk about police inaction. Of course, negligence must be considered in the context of a specific case, but, as a rule, this requires a complaint to the prosecutor's office about the inaction of police officers.
Again, only a lawyer can correctly qualify acts committed by law enforcement officers. So it’s still better to contact a law firm.
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Where can I complain?
It is important to know where to file a complaint if unlawful actions by police officers are identified.
An appeal against the actions or inactions of police officers is possible by contacting several government bodies: the Ministry of Internal Affairs, the prosecutor's office, and the court.
To senior management
It is required to contact higher management if inappropriate behavior of a police officer is noted. It is worth filing a complaint in case of rudeness, rude actions, or use of obscene language.
In this case, immediate management initiates an internal audit. The result of this, when violations are identified, is the bringing of the violator to disciplinary liability.
It is also possible to send a complaint to the head of the unit on other issues. You can appeal a decision, action or inaction of subordinates.
Contacting management is the first step in making a complaint. Sometimes situations are resolved at this stage. If there is no result or the citizen is not satisfied, it is worth contacting other authorities.
Hotline
If a quick response to the situation is required, you can submit a verbal complaint. The fastest way is to call the hotline at 8-800-222-74-47.
If a citizen lives in the capital, you can use the number. You can also call the police department on duty number 102 or the single emergency response number 112 at any time.
It is not possible to submit a complaint anonymously. During the conversation you will need to provide your personal information and contact phone number. It is important to describe the current situation in detail and ask for action to be taken.
To the prosecutor's office
If there is no action on the part of management, you can contact the prosecutor's office. But even if the complaint has not previously been submitted directly to the Ministry of Internal Affairs, the citizen has the right to send it directly to a higher authority.
The prosecutor's office is a supervisory authority. To apply to it there must be compelling reasons, as well as evidence of violations of citizen rights.
A complaint to the prosecutor's office about the inaction of police officers is considered within 30 days. This is the standard time limit for the procedure. Sometimes it can be extended if employees require a more detailed study of the situation or obtain any documents.
Also, the review period can be reduced to 15 days. This is possible if verification is not required (Order of the Prosecutor General's Office of the Russian Federation No. 45 of January 30, 2013).
The response to the appeal must be motivated and detailed. If violations are detected in the actions of police officers, the prosecutor takes measures to bring them to justice.
Reference! There is an opinion that the prosecutor's office transfers the complaint to the offender himself for consideration. Such measures are prohibited by law.
You can contact the prosecutor's office in person. It is also possible to file a complaint through State Services.
In the USB
A complaint to the OSB (USB) against a police officer can be filed if a citizen wants to report corruption, and also suspects the police officer of personal interest in the course of the case.
In accordance with paragraph 120 of Order of the Ministry of Internal Affairs No. 707, there is a special unit in charge of this issue.
Appeals of this kind are considered especially carefully. The department or department initiates a thorough investigation of violations.
An appeal is drawn up in free form.
The document must indicate the following information:
- personal information about the applicant (last name, first name, patronymic, residential address, contacts);
- information about the police officer who violated the law;
- a detailed description of what happened.
You can deliver the document in person or by post. It is important to take a receipt that the complaint has been accepted.
You can also put the entry number on the second copy of the document, which will remain in the applicant’s hands. In this way, it will be possible to prove the fact of contacting the CSS.
Sometimes CSS ignores requests for various reasons. It is possible to re-submit a complaint while simultaneously submitting a copy of the document to the prosecutor's office. It is important to notify the CSS of this in advance.
Why is it better to contact the prosecutor's office?
If the police are inactive, where should I go? In general, an application to the prosecutor's office can be submitted in any case and in any circumstances.
The prosecutor's office is initially a supervisory authority, and, of course, compelling circumstances are required to contact the prosecutor's office with a complaint against a police officer.
If a police officer is simply unsympathetic to someone, this will not be a reason for filing a complaint about the inaction of law enforcement agencies.
In addition, the prosecutor’s office is a completely different department and the chances of not remembering the proverb: “hand washes hand” are quite high.
It is the fact that prosecutorial officers are not subordinate to the Ministry of Internal Affairs that plays the main role.
At the same time, the prosecutor’s office will definitely accept the application, the main thing is to draft it correctly. A competent lawyer can provide invaluable assistance with this.
A law firm will help and substantiate the information that should fall into the hands of the prosecutor. After all, an unfounded statement will not yield results.
Therefore, an application to the prosecutor’s office against a police officer, a sample of which is on our website, must have attachments. They, in turn, will serve as evidence of the guilt of police officers.
When to file a complaint
In the hope of obtaining protection or restoration of violated rights, we strive to contact the police to get help. It is not always possible to achieve results immediately, and one of the obstacles to this is the inaction of an internal affairs officer. The reasons to write a complaint to the prosecutor's office about the inaction of the police are directly related to the responsibilities of the body itself. The basis for the application is failure to fulfill the duties of a police officer established by Law No. 3-FZ of 02/07/2011. It is expressed, for example, in ignoring a statement about committing an offense: a citizen contacted the police with a statement about committing an act that constituted an offense, the officer ignored the request and did not take any measures. While waiting for a reaction from a law enforcement representative and not receiving any protection, you have the right to involve supervisory authorities, such as the prosecutor's office, in considering this case. Despite the legislative enshrinement of the right to appeal, federal laws do not clarify what is meant by police inaction and as a result of which such a concept was formed. In practice, the concept of inaction includes ignoring the performance of one’s duties.
Ways to file a complaint against police officers
What to do if the police do not act on a complaint?
It doesn’t matter where the complaint against police officers for inaction will be sent. The law provides several options through which a citizen has the right to seek protection of his rights.
Let's list all valid methods:
- You can file a complaint in person by visiting the prosecutor's office or police department.
- Use the services of a legal representative.
- Send by registered mail with notification.
The first method is the most common. However, not the most effective. The complaint may not be accepted, citing various reasons for the refusal.
For example, if it is written in the name of the head of the police department, then they may refer to his absence due to vacation, illness, and the like.
The second method is the most reliable. The representative, as a rule, is an experienced lawyer who knows who to serve the application on and how to obtain confirmation that the complaint was accepted.
The third method, of course, will ensure flawless delivery, but there are also flaws here. In this case, there is no need to say that the complaint will not be accepted.
However, if it is incorrectly drafted or does not contain evidence of the officer's guilt, it will be rejected or processed improperly. And then again you will need to write a statement to the representatives of the Department of Internal Affairs.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
It's better to avoid such mistakes. And use the sample complaint about police inaction posted on the website.
Department Director
He should complain when an employee insults the individual: he is rude, uses foul language, or behaves inappropriately. The complaint will be investigated; if it turns out to be justified, the policeman will be punished.
The boss also accepts more significant complaints, for example, about violation of deadlines or inaction. But the result of their consideration is negative, since the boss in this case is interested in preserving the “face” of the department.
Sample application to the prosecutor's office regarding police inaction
The complaint is filed for several reasons. The main one is the lack of response to the submitted appeal regarding the crime committed. The police also receive complaints about regular violations of public order. Often they go unnoticed.
But in order for the application to be accepted for consideration, the document must comply with several rules. First of all, the information about the author is clearly indicated. Otherwise, submitted materials will be ignored.
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References to laws that were violated are also desirable. The advice of an experienced lawyer will not hurt here, since not everyone is familiar with the regulatory framework. Well, the sample itself may look like this. The example given can be easily adapted to your own situation.
Zamoskvoretsk interdistrict prosecutor's office of Moscow
Tatarskaya street, 1
Ivanov Sergey Viktorovich
st. Sportivnaya, 24, apt. 1
Statement regarding police inaction
On January 17, 2021, personal property was stolen from a car belonging to S.V. Ivanov, namely an Asus laptop, as well as an iPhone 11 Pro smartphone. The estimated cost of the stolen equipment is 50,000 rubles.
01/18/2021 to the department of the Ministry of Internal Affairs of Russia for the Zamoskvorechye district from Ivanov S.V. a crime has been reported. To confirm its acceptance, the applicant was given a notification coupon.
According to Art. 144 of the Code of Criminal Procedure of the Russian Federation, the decision on the received appeal is considered by the investigative authorities within three days. In exceptional cases, an examination is appointed. In this case, the period for consideration of the application is extended to 30 days.
In accordance with Part 3 of Art. 145 of the code, its author must be notified of the results of consideration of the appeal. At the same time, as of March 15, 2021, Ivanov S.V. had not received any written notices from law enforcement agencies. Therefore, there is a fact of inaction.
Article 53 of the Federal Law “On the Police” states that the inaction of police officers can be appealed to the prosecutor’s office of the Russian Federation.
Based on the information presented, I request:
1) Conduct an inspection of the listed violations for inaction of responsible police officials.
2) Take prosecutorial response measures provided for by law upon completion of the inspection.
3) Report the results to S.V. Ivanov at the above postal address.
Application:
1) Copy of the notification coupon
Signature: Ivanov S.V.
Application to the prosecutor's office regarding police inaction
Reasons for contacting the prosecutor's office
The Prosecutor's Office of the Russian Federation has the authority to control the activities of any police department in the country. An employee of the prosecutor's office has the right to request and check documentation on the progress of the investigation of a criminal case in order to exclude illegal actions on the part of the investigative authorities.
Below are the reasons why a citizen may write a complaint to the prosecutor's office.
- Unreasonable refusal to initiate a case. If, when contacting the police support center, the duty officer refuses to accept and register your application, as well as if the investigator, referring to Art. 148 of the Criminal Procedure Code of the Russian Federation, refuses to initiate a case if there are facts of committing a criminal offense, you have the right to demand a prosecutor's inspection in relation to this official.
- Application of penalties in the absence of legal grounds. If a police officer, for no apparent reason, decides to check your documents, and upon hearing a refusal, demands to go to the department, his actions are interpreted as illegal. In this case, you can also apply to the prosecutor's office to protect your rights and interests.
- Spontaneous arrest. If you were detained without legal grounds, in violation of the procedure (without drawing up a protocol, without indicating the date and time in the protocol, etc.), such behavior by police officers falls under Article 301 of the Criminal Code of the Russian Federation and is punishable by forced labor or imprisonment.
- Bringing to justice a obviously innocent person. According to the legislation of the Russian Federation, a criminal case can be initiated against a citizen only if there is conclusive evidence of his guilt established during the preliminary investigation. For example, a person cannot be accused of participating in an illegal rally just because he reposted an event on a social network if he was at his workplace during the protest.
Detention by police officers.
Complaint against police officers
It occurs in a situation where law enforcement officers have exceeded their powers provided for by the Code of Criminal Procedure of the Russian Federation and other legislative acts. Examples include illegal detention, seizure of property during a search, and the use of physical violence.
Before preparing a complaint, it would be helpful to have the advice of an experienced lawyer. It is he who is familiar with all the intricacies of the criminal process, its nuances. Based on the documents available to clients, a criminal lawyer will draw up a justified complaint.
But often you have to act on your own. Then the example below will come in handy. It’s easy enough to modify it to suit your own case.
Taganskaya Interdistrict Prosecutor's Office of Moscow
st. Talalikhina, 39
Kapitonov Ivan Ilyich
st. Dostoevsky, 28, apt. 54
Complaint about unlawful actions of police officers
On February 15, 2021, I. I. Kapitonov was detained by representatives of the Russian Ministry of Internal Affairs department for the Tagansky district of Moscow on suspicion of illegally taking possession of a VAZ-2108 car, state number 31-2530.
This car was seized as evidence in a criminal case. Meanwhile, Kapitonov I.I. used the mentioned vehicle on the basis of a power of attorney issued on December 20 by Anastasia Tikhonovna Fedorova.
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The investigator, police captain S.S. Sidorov, did not take this document into account. An examination of the authenticity of the signature on the document was also not assigned. At the moment, a recognizance not to leave the place has been chosen as a preventive measure against I.I. Kapitonov.
The suspect used the car as a taxi and is currently deprived of his only opportunity to earn money. Based on the facts described, Kapitonov I.I. believes that illegal actions were committed against him.
Guided by Art. 51 Federal Law “On Police”, please:
1) Conduct an investigation into the unlawful actions of police captain S.S. Sidorov, as well as other officers involved.
2) Take measures provided for by law to return the car to Kapitonov I.I.
Application:
1) A copy of the power of attorney to drive the vehicle.
I. I. Kapitonov
By the way, a complaint to the prosecutor’s office will be useful in the event that in the future the process of collecting damages caused by the illegal actions of law enforcement officers begins. The above applies to both material and moral damage.
Complaint to the prosecutor's office against police officers
From police inaction to increased violence
A resident of the Oryol region, Alexander Savchuk, went to court demanding compensation for moral damages in the amount of five million rubles for the inaction of the police. The man's daughter, Yana, died at the hands of her former partner. The girl called the squad, but the employees refused to leave and said: “When they kill, then we will come and describe the corpse. Do not worry!"
“An appeal against the actions of a law enforcement officer can be carried out if there are compelling reasons and substantial evidence of violations. The complaint is submitted to immediate management. When faced with indifference or incompetence from superiors, more radical measures need to be taken. You can contact the Investigative Committee, the prosecutor’s office or the courts,” says criminal lawyer Vyacheslav Loskutov.
The death of Yana Savchuk caused a wide public outcry. Then, on a signal, the senior district police officer for Orel Bashkatova went to the house where she lived. Savchuk repeatedly complained about her partner Andrei Bochkov, who systematically beat her and threatened to kill her. According to investigators, the police officer knew that he had a previous conviction and was prone to violence. Bashkatova did not take any measures to protect herself and only after her insistent demands did she accept a statement about the death threat. Subsequently, a recording of her conversation with Savchuk ended up on the Internet. Five minutes after the district police officer left, Bochkov beat his partner to death.
“The prosecutor's office performs a supervisory function and monitors compliance with the law by officials; it does not have the right to refuse to consider a complaint. Three days are allotted for this; in exceptional cases, the period can be extended to 10 days. The prosecutor has the authority to fully or partially satisfy the request, as well as refuse it. In this case, you should go to court,” advises criminal lawyer Vyacheslav Loskutov.
The court sentenced Bochkov to 13 years in prison. Bashkatova was dismissed from the police, and a criminal case was opened against her for negligence leading to the death of a person, under Article 293 of the Criminal Code of the Russian Federation. The court sentenced her to two years in prison. The employee did not admit her guilt. In 2014, the leadership of the Ministry of Internal Affairs in Orel recognized her as the best precinct police officer in the city. There are thousands of cases where police inaction ended in tragedy. The most famous happened to Margarita Gracheva, a resident of the Moscow region, whose hands were cut off by her jealous husband. The girl repeatedly contacted the police, but law enforcement officers repeatedly refused to initiate a criminal case. Lawyers believe that the most effective way to get law enforcement to work is to complain.
“According to the law, the consideration of the complaint takes place in an open court. The presence of all interested parties is required, that is, in addition to you or a representative, the employee against whose actions the complaint was filed must be present at the meeting. During the review process, the court has the right to either recognize the appealed actions as unlawful or refuse to satisfy the complaint,” says criminal lawyer Vyacheslav Loskutov.
What is important to know when filing a complaint against the actions and inactions of police officers
Additional nuances are quite enough. Anyone who has the desire to write a complaint about the actions or inactions of the police should hope that their statement will hit the target.
As always, the goal is to restore justice. The fight against the system in a state like Russia should not happen alone.
Recently, a very effective way is to turn to various media. They make such a fuss that the police have no chance to let the case go.
However, it would not be superfluous to remind you that before applying anywhere, it is necessary to find out exactly whether the citizen’s rights have been violated. And this requires clear qualifications of events and evidence.
Don't take rash actions. Pay attention! If you have questions, you can ask them to a consultant on the website.
