Filing complaints against the actions or activities of an official or organization is one of the rights guaranteed to citizens by the Constitution. Moreover, depending on the controversial situation, a complaint can be filed before filing a statement of claim or administrative claim, simultaneously with it or during the consideration of the case.
The website provides examples of complaints and recommendations for preparing them on various topics. From complaints to a government agency to complaints to the post office, to a kindergarten, to an insurance organization, etc. Unlike pre-trial claims, a complaint is not required by law. However, filing such a document can not only resolve an individual dispute that has arisen, but also affect the practice of applying laws or carrying out professional activities.
What is a complaint
In the complaint, the citizen states what rights were violated
A complaint is considered as an official act that is used to report a violation of the rights of a specific person. Such violations are allowed by enterprises or authorities. The document assumes that, based on the results of the review, measures will be taken to eliminate such behavior. The formation of the act takes into account the provisions of civil legislation.
Despite the fact that the document is written for various reasons, any sample can be used for registration. This is due to the fact that a single mechanism for forming the act is used. A complaint is a mechanism that will trigger the work of authorized bodies.
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Types of claims
Every citizen who is not deprived of legal capacity has the right to write a complaint. In Russia there are two main categories of this documentation. Including:
- personal;
- collective.
The first type provides that a document is written on behalf of a specific citizen. From a practical point of view, it is important to note that such acts are subject to less scrutiny. A collective document assumes that it has several drafters. If you write an appeal on behalf of several citizens, it will be more effective in terms of consideration. Decisions on such documents are made faster.
Rules for writing and structure of a complaint
The complaint is written in free form, but according to a certain pattern.
The laws do not reflect strict rules on how to write complaints. This suggests that free form can be used. However, there are requirements regarding the preparation of official applications. Each template has a standard structure. It includes:
- the header, which should be in the upper right corner (reflects information regarding the person to whom the document is sent and the originator);
- the name that is written in the middle of the sheet;
- the main part, where the essence of the problem is stated;
- claims made by a person;
- acts attached to the complaint.
At the end of the document it is necessary to reflect the date and signature of the author. If there are witnesses who can confirm what happened, they are reflected in the complaint.
"Hat" and name
This part comes at the very beginning of the document. It specifies the details of the body to which the act is sent. The applicant also indicates his data. The header is located in the upper right part. The name of the body/organization is reflected in full. In addition to the name, it is necessary to reflect the address of the location and the position of the person being addressed.
Then information about the author of the act is listed. You need to indicate his last name and initials, date of birth and place of residence and registration. In addition, you must enter a mobile number in order to be able to contact the person. This section should not contain any other information. If the applicant does not know the full details of the company he is applying to, he can find them on the Internet. Such information may be contained in receipts issued by the specified authorities.
The name of the document has several variations. This can be a statement or a complaint, a claim. The reason for drawing up the appeal is indicated in the title.
Main part
The requirements for drawing up a claim are similar to those in other types of official papers. Including:
- prohibition on the use of profanity;
- do not use unclear abbreviations;
- do not insult anyone in the text;
- present information in chronological order;
- comply with the requirements for consistency and formality of the text;
- do not express emotions;
- information reflected in the text must be confirmed with the help of documentation;
- justify the demands.
In these situations, the submitted document will not be considered. For argumentation, use references to current legal acts. Avoid making grammatical or punctuation errors when presenting.
Applications and witnesses
You can use witness testimony to support your position.
Despite the fact that examples of complaints that have been formed for a long time do not reflect information about witnesses, it is now recommended to use the testimony of other persons to confirm your position. The data of such citizens is reflected in the list of attachments to the application. You need to use a separate list. The list must be numbered. For each witness, the surname and initials are written, as well as place of residence and cell phone number.
When information about all witnesses is reflected, you need to indicate the remaining applications. The title of the securities is written on a new line. If witnesses cannot confirm what happened, it is necessary to indicate the attachments immediately after the requirements.
Appeals from citizens
Complaints, petitions and statements are one of the main tools of defense in a criminal case.
Working with requests also has its own principles and secrets, which you need to know about in order to obtain the required result. If you have a lot of free time and the result is not fundamentally important to you, you can act independently, without resorting to the help of a lawyer, but even in this case it would not be superfluous to know some of the subtleties in working with complaints. Let me clarify right away that in this article, references to regulations will be minimal, since the main emphasis in it is on the analysis of those techniques and methods that are not reflected in the legislation. At the same time, reading this article does not exclude, but rather provides for, a mandatory parallel study of the same Law “On the procedure for considering citizens’ appeals in the Russian Federation” or the relevant instructions of the Ministry of Internal Affairs and the Prosecutor’s Office. Also, the article will not consider the issue of appealing decisions of officials in court, since this is an independent topic.
Deadline for responding to a complaint
This indicator depends on which body and for what reason the paper is sent. For example, when the reason is a violation of consumer rights, 10 days are allotted for consideration. When a citizen applies to state authorities, a response is received within a month. The countdown begins from the day the document was registered.
In some situations, there is no time limit for making a decision. This indicates that the applicant has the right to independently determine the time period for the response. As a rule, in this case they ask for a response within 10-14 days.
Comments on the document “Complaint about violation of deadlines for consideration of a written appeal”
Personal message | Reply 0
5 Denisov Denis Status: Client | 07/26/2014 at 20:55:11 THANK YOU! |
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5 Elena | 08/14/2015 at 11:14:06 5 I liked the review! Thank you! |
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Alla Borisovna | 11/13/2015 at 13:20:33 Thank you. Useful information |
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Tamara | 04/23/2016 at 17:34:05 On March 16, 2021, I turned to my bailiff - executor with an application to set off similar counterclaims and presented the corresponding writ of execution. On April 21, 2021, this bailiff issued me a resolution dated March 31, 2021 to refuse my application with the following justification: “The bailiff, guided by Articles 12 of the Federal Law “On Bailiffs”, Articles 81, 14, 69 Part 2 of the Federal Law “On Bailiffs”, has the right to search and seize the debtor’s accounts/deposits in the amount of the debt.” Questions: 1. Is it legal for the bailiff to set off similar counterclaims in my case? 2. Does this resolution of the bailiff have legal force if it is issued and presented in violation of the deadlines for considering applications, clauses 5, 7 of Art. 64.1 Federal Law “On Enforcement Proceedings”? |
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Alexander Moskvin | 06/02/2017 at 21:19:39 Brief and businesslike. Superbly written. |
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Julia | 01/13/2018 at 19:01:46 Great! Everything is to the point and can be applied to any situation. |
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Igor | 03/16/2018 at 00:06:27 the text was useful. Thank you |
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Tatiana | 06/06/2018 at 16:32:08 Thanks, I'll try to use this form. |
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ABOUT | 06/14/2019 at 16:18:18 Very well written |
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Victor | 03/01/2020 at 19:12:45 Yes it helped. I got a guide on the writing form, thank you |
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Svetlana | 05/04/2020 at 16:02:53 The document turned out to be very useful. Thank you very much. |
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Marina | 07/15/2020 at 23:20:49 good example, very useful, thank you very much! |
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Maria | 11/25/2020 at 12:52:48 Thank you. The sample document was very helpful. |
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5 Vadim | 11/27/2020 at 11:09:41 Thank you. Took advantage |
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5 Elena | 01/25/2021 at 16:11:30 Thank you! I used your text. |
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5 Petimat | 06/21/2021 at 21:33:48 The complaint template helped me a lot. Thank you |
Complaint handling bodies
The document is sent to various authorities. Including:
- prosecutor's office;
- Labour Inspectorate;
- Rospotrebnadzor;
- housing inspection.
Official authorities are listed. The citizen decides where to send the document himself.
Prosecutor's office
A complaint can be filed with the prosecutor's office
Employees of this body perform supervisory functions. They monitor compliance with legal requirements. The prosecutor's office examines complaints that reflect a violation of a citizen's rights. The deadline for responding to applications can be shortened or general. In the latter case, we are talking about a situation in which inspections are required. This applies to complex situations that need to be understood.
Shortened time periods for consideration are established:
- there is no need to obtain information and conduct additional verification;
- the appeal has been sent to the rights ombudsman;
- the compiler is a deputy or member of parliament.
The deadlines are extended at the request of the prosecutor performing supervisory functions. However, the extension occurs for no more than 10 days.
Labour Inspectorate
Those whose rights have been violated by their employer come here.
Employees most often turn to this authority in the event of a dispute with their manager. The Labor Code clearly defined the powers of the inspectorate to consider complaints. Inspectorate employees respond to a complaint within 30 days. An extension of the period is permissible, but no more than for the same period.
Rospotrebnadzor
The body deals with issues in the field of:
- whether the requirements of technical supervision are met;
- control over the implementation of sanitary standards;
- compliance with consumer rights, etc.
The review period is also 30 days. Extensions are permitted only in exceptional situations.
Housing inspection
When questions relate to the maintenance of the house and the area next to it, you need to file a complaint with the housing inspectorate. The period for consideration of a complaint is similar to those reflected above and is 1 month.
Violation of the rules for the operation of residential premises, as well as public places.
Sample documents
To draw up a document, it is better to use a ready-made sample complaint to the prosecutor’s office. This will make filling out the document easier. It will be enough to include personal data in the complaint.
- Complaint to the Prosecutor's Office against an employer
- Complaint to the Prosecutor's Office about the inaction of the Police
- Complaint to the Prosecutor's Office about an inspection
- Complaint to the prosecutor's office about the investigator's inaction
- Complaint to the prosecutor's office against bailiffs
- Complaint to the Prosecutor's Office against neighbors
- Complaint to the General Prosecutor's Office
- Complaint to the Prosecutor's Office for Supervision of Correctional Institutions
- Complaint to the Prosecutor's Office against the district administration for waste removal
- Complaint to the Prosecutor's Office from residents of an apartment building
- Complaint to the Prosecutor's Office regarding housing and communal services
- Complaint to the Prosecutor's Office about the refusal to initiate a criminal case
- Complaint to the Prosecutor's Office about the inaction of the administration
- Complaint to the Prosecutor's Office about the inaction of officials
- Complaint to the Prosecutor's Office against the management company
- Complaint to the Prosecutor's Office about extortion at school
- Application to the Prosecutor's Office regarding fraud
- Application to the Prosecutor's Office to verify the legality of actions
- Application to the Prosecutor's Office from a legal entity
- Application to the Prosecutor's Office for non-payment of wages
- Application to the Prosecutor's Office regarding non-payment of compensation upon dismissal
Features of filing online complaints
You can file a complaint online
This option for sending the act is common. Almost all authorities have an official portal through which you can send an application. To use this option, you will need to have a computer and a network connection. Sending is carried out upon entering the official website of the organization where the person wants to apply.
The essence of the application is reflected in a special form. The applicant's details and the reason for the application are written down. The design rules must be similar to those in paper form.