Reception of citizens and consideration of appeals

The main task of the prosecutor's office is to protect the rights and freedoms of citizens. But in order for the body in question to provide maximum support, the main principle should be used - apply on time. This does not mean that you should go to the prosecutor's office on the first occasion. Reception of citizens and consideration of applications takes place according to a certain algorithm. The prosecutor is obliged to consider a case that falls under his jurisdiction. But you need to choose the most effective method of contact - in writing or a personal visit.

On what issues are citizens received and their cases considered?

Contacting the prosecutor's office in cases that really require such measures is a natural action. People seek help if they have suffered due to the actions of others or when their rights are violated. The list of issues that are considered by the prosecutor's office is quite wide. But let's discuss the most difficult ones:

If laws or other regulations are not followed at the local government level. The prosecutor's office can challenge the actions of both entire departments and specific officials.
In cases where the laws are not followed by bailiffs.
When the offense is committed by an individual (ordinary citizen).

The prosecutor's office will help determine the essence of the problem and conduct a legal assessment of it. After the application, employees will check the submitted material, received documents and various evidence base. Qualified experts will be involved in the work if necessary.

Topic Rospotrebnadzor

Sergey Biktimirov, I sympathize with you, but you have no right to DEMAND this from the RPN. Moreover: Rospotrebnadzor is not obliged to protect specifically and only your rights.

This is a controlling organization and its functions do not include fulfilling consumer requirements.

The general scheme (it worked in relation to other bodies - will it work here too, why is Rospotrebnadzor worse?) is as follows: you apply for the first time, in writing, with notification of receipt - they are silent - a month later you apply again, indicating that the application is repeated - they are silent - you complain to a superior - there is a chance that they will answer, if not - you complain to the prosecutor’s office, ask to check the legality of the non-consideration of your appeal - this is where everything starts to spin

There is one important point: exactly which department of Rospotrebnadzor did you write to? because if you immediately write to high authorities, then some time will be spent on getting your complaint down

How to correctly write an appeal to the prosecutor's office for ordinary citizens

A citizen who wants his appeal to be considered by the prosecutor’s office and to get an appointment with specialists must compile it correctly. To do this, follow the following procedure:

Not only an ordinary citizen, but also a legal entity can draw up an appeal.
When working on the document, do not forget to indicate not only personal information about the applicant, but also information about the violator. According to the practiced procedure, the authority must receive information about the name, address and contact information of the applicant.
Appeals to a body such as the prosecutor's office must be made in writing. In order for a document to be accepted for consideration, it must be sent to the prosecutor.
The application will be accepted for consideration only if it is accompanied by evidence that the offense actually occurred.
It is necessary to list the requirements put forward. For example, ask for a prosecutor's audit.
At the end there is the date of compilation and the signature of the applicant.

The application is considered depending on the circumstances - from 15 to 30 days. Cases where there is a need for lengthy additional checks take the longest to consider.

How to submit a claim

Naturally, it is best to submit your claim in person.

The main thing is that it subsequently bears the signature and seal of an authorized person, which will be evidence of its acceptance for consideration. If they refuse to accept the claim, then you need to compose a letter with a notification and a description of the attachment, and send it to the legal address of the enterprise/company/store.

The claim must be made in writing and must contain the following information:

information about the seller indicating the legal address and head of the company;
buyer information;
information about the product, as well as a detailed description of those malfunctions, defects or defects that were discovered (if we are talking about a supply agreement, then a description of the situation that led to the desire to terminate the agreement, etc.);
date and signature.

A correctly drafted claim is already half the battle. If there is no response to the claim within a clearly defined period of time, you need to collect all the necessary documents, including confirmation of sending the claim, and file a statement of claim with the court.

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What can the prosecutor's office do in response to an appeal from citizens of the Russian Federation?

When the fact of the appeal is undeniable and the application has been received by the prosecutor’s office, the citizen who filed it may see several options for further developments of events, of which he will be notified. Alerts may come for the following reasons:

the application will be rejected, arguing that it does not meet the requirements and procedure for document execution;
will provide explanations on the facts that they managed to obtain in the case under consideration;
will satisfy, but not necessarily entirely (there may be partial satisfaction of the points of appeal);
will be redirected to authorities with lower jurisdiction;
will take action until it becomes possible to make the most objective decision possible.

Reception of the document takes up to three days (excluding weekends). If the applicant has not provided all the papers and plans to submit some, the reception deadline is extended to 10 days. The period for making a decision on the case begins immediately after the application has been registered in the system. Deadlines can be extended, but only in exceptional situations, such as the impossibility of making a decision without additional verification.

Terms of consideration

In general, in practice, there are two types of deadlines for studying complaints - general and shortened :

General. It implies a time interval of no more than 30 days . It is needed so that prosecutors can carry out checks and identify violations. It is clear that this will require a certain amount of time. The period may be increased due to the need to expand the evidence base on the part of the applicant and bring additional papers. The applicant will receive a separate notification about this. It turns out that initially the total period is at least 30 days, but it can be extended when considering special cases and within individual conditions. To extend it, a corresponding petition is generated with a detailed statement of the reasons.
Abbreviated. This period applies to those complaints that do not require the provision of supporting materials and inspections . Applications of this type are reviewed within 15 days. No additional documents are required for these papers; the requirements themselves do not require labor-intensive activities and processes, which ensures a high speed of proceedings.

Thus, the period for response to an application to the prosecutor’s office is 15 or 30 days.

It is important to know! A separate category of complaints includes applications filed by persons participating in criminal proceedings. They are studied for 3 days, and the maximum possible period in case of extension does not exceed 10 days.

What actions to take if the prosecutor’s office is not considering the appeal

There are situations when there is silence in response to an appeal presented to employees of the prosecutor's office. If consideration of this document is not possible, a refusal must be received. If there is no reaction at all, you need to send a complaint about the inaction of the prosecutor’s office to higher authorities.

There are several significant circumstances that may cause a complaint to be filed:

employees at the reception regarding the consideration of the case were engaged in extortion;
there was no response letter to the application;
employees did not take the measures required by law regarding the complaint;
Employees of the prosecutor's office were found to have abused their official position.

If any of these offenses are recorded, a complaint is filed against the culprit to the district prosecutor's office. You can also use the website of the Prosecutor General's Office by filing a complaint online. This way the application will definitely be in order and will not get lost along the way. Some requests are forwarded to the police if the case requires it.

Law enforcement agencies consider all cases related to offenses, but in order for the case to be considered, you must attend an appointment or send an application to the local prosecutor's office. The order of consideration of each case must be strictly observed. If it is violated, a Russian citizen can report this to the district prosecutor's office in order to punish the violator and prevent negligence in work. In other cases, the reception at the prosecutor's office effectively copes with troubles.

Can the applicant view the verification materials?

Upon completion of the inspection, the applicant is given the right to familiarize himself with the case materials.

To do this, you must contact the prosecutor with a corresponding application.

A decision is made to provide the citizen with verification materials or to issue a reasoned refusal. The applicant receives written notification of this decision within ten days.

The reason for refusal may be, for example, the content of information in documents that constitutes a state secret.

Complaints received by the prosecutor's office are an important element of monitoring the implementation of legislation in the country.

Therefore, every citizen should have information about the procedure for writing an application.

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When the prosecutor's office requests information

The powers of the Prosecutor's Office include supervision of compliance with the laws of the Russian Federation:

when protecting the rights and legitimate interests of citizens by state bodies, municipal and organizations of all forms of ownership;
during government procurement;
in military bodies and units;
during criminal prosecution and execution of punishments.

The work rules are established by Federal Law No. 2202-1 of January 17, 1992. In case of any violation of rights, a citizen or organization has the right to seek protection from a regulatory government agency. Having received information about a violation of rights or the law, a government agency is obliged to respond: conduct an inspection, establish the fact of a violation or its absence and issue an appropriate order. The inspection is carried out on the basis of a request or information about a violation received from any other sources. The request of the prosecutor's office to provide documents is related to the conduct of such checks. The government agency has the right to request only those information and documents that are related to the subject of the inspection. Documents or information that are in the public domain and officially published are not required.

If not considered

As a result of a comprehensive investigation, the prosecutor's office sends a response to the applicant with a decision. In any case, the applicant will receive a letter containing a response, even if the application is not subject to consideration.

Only letters that are anonymous, i.e., that do not contain a return address, remain unanswered. Verification activities are considered completed during the consideration of all issues covered in the application paper.

The applicant is required to be notified of the outcome of the proceedings. If the appropriate prosecutorial notice has been issued, the applicant must receive detailed information about when and where he can familiarize himself with the results of the execution of the decision. If the application is of a collective nature, the response may be sent to the responsible persons.

Drawing up a complaint

A complaint to the prosecutor's office is written in a conditionally arbitrary form, since there is no legally approved template for this document. Despite the absence of a unified form, when writing a complaint to the prosecutor's office, you must adhere to the general rules for drawing up such documents and be sure to indicate the following information:

details of the prosecutor's office and/or full name of the authorized official: full name of the body, address;
information about the person filing the complaint: full name, registration address, contact details (anonymous complaints remain unanswered);
a comprehensive description of the situation requiring an appeal: date and details of the incident, identification of the persons involved;
argumentation of the illegality of the actions of the named persons involved from the point of view of the law;
a request to take action in accordance with the essence of the complaint and the requirements of the law;
a list of attached documents or other evidence, subject to their availability;
date of filing the complaint, signature of the applicant.

The complaint can be handwritten or submitted electronically and printed, and must be signed by the complainant by hand. A sample complaint can be viewed at this link.

In addition, when filing a complaint, it is recommended:

Adhere to a formal business style of speech.
Use extremely clear and correct wording.
When identifying the persons involved in the complaint, in addition to their full names, also indicate their positions (titles, class ranks), as well as other details that are directly related to the essence of the complaint.
Build arguments based on current legislation.
Attach to the submitted complaint documents or other materials (audio or video recordings, originals or copies of letters, acts, resolutions, etc.) that can serve as evidence of the unlawfulness of the actions of those involved in the complaint.

Collective complaint

An important circumstance is the fact that the legislation also provides for the possibility of filing a collective complaint with the prosecutor's office. This type of complaint is formalized in a similar way, with the only difference that at least two persons must act as applicants in its text.

At the same time, in addition to the full name, the text of the complaint also needs to record the address, contact information and signature of each of the applicants. The maximum number of persons interested in prosecutorial proceedings on a specific complaint is not limited : if necessary, the list of applicants can be drawn up as a separate annex to the complaint.

When considering collective complaints, they have increased priority compared to individual appeals, since they indicate cases of mass violation of rights.

Therefore, in most cases, in cases of illegal actions of employees of authorities and organizations, it is advisable for the prosecutor’s office to file collective complaints.

Filing a complaint

According to the provisions of the “Instructions on the procedure for considering applications and receiving citizens in the prosecutor’s office of the Russian Federation No. 45,” a written complaint can be delivered to the prosecutor’s office in person or sent by mail. The document should be sent to the division of the prosecutor's office located in the region where the illegal actions were committed: city, district, regional or other department.

Employees of the prosecutor's office that received the complaint are required to notify the applicant about the status of his appeal within a seven-day period. The submitted complaint may be accepted for resolution or transferred for resolution to other prosecutorial bodies in order to comply with the principles of hierarchy and jurisdiction.

An appeal may be refused if the prosecutor's office does not have the appropriate powers or if the requirements stated in the complaint do not comply with the law.