Complaint to the prosecutor about failure to eliminate violations during the pre-investigation check (sample)

Where can I complain?

The consideration of a complaint against the prosecutor's office is carried out by an authorized authority, which depends on the basis for the person's appeal. Complaints are considered in accordance with the principle of jurisdiction.

The table provides a list of institutions to which it is possible to transfer a complaint against prosecutors, depending on the basis for transferring such a complaint.

Each subsequent complaint is considered by higher authorities in accordance with the order of jurisdiction. For example, you need to contact the Prosecutor General’s Office only after consideration of the appeal by lower authorities. This must be confirmed by attaching copies of the responses to the complaint.

Reasons

The prosecutor's office acts as a government body whose main purpose is to oversee compliance with the rights and legitimate interests of citizens, as well as the implementation of laws by executive authorities, legal entities and law enforcement officers.

You can complain to the prosecutor's office in the following cases:

1. In case of inaction or illegal actions of prosecutors (for example, in the process of initiating or terminating a criminal case).
2. If you are dissatisfied with the result of consideration of the appeal to the prosecutor.
3. If there is no response to a complaint received against an employee of the city or district prosecutor's office.
4. In case of violation of the deadlines for consideration of the received application.
5. If the official committed a crime . For example, in case of extortion, abuse of power and official position.

When filing a complaint, you must be guided by the Order of the Prosecutor General, the Law on the Prosecutor's Office, the Constitution, and the Code of Criminal Procedure.

Procedure for filing a complaint

The procedure for filing a complaint against the prosecutor's office includes the following steps:

1. Preparing the text of the complaint.
2. Transferring it to the authorized body in accordance with the principle of jurisdiction.
3. The reply is in process.
4. If you are dissatisfied with the handling of your appeal, the complaint can be sent to a higher authority.

What actions the authority can take depends on its competence. For example, when a complaint is received by the Investigative Committee, the institution can verify the information contained in the complaint; conduct a preliminary investigation and refer the case to court; If signs of a crime are identified, a criminal case is initiated.

Decor

A complaint about the prosecutor's inaction must be submitted in writing. There is no strictly established form for it. In this case, the compiler must take into account the requirements for document preparation under the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.”

The procedure for filing and considering complaints against prosecutors and prosecutors is also regulated by Order of the Prosecutor General No. 45 of January 30, 2013.

The complaint must indicate:

• Full name of the head;
• name of the prosecutor's office;
• information about the applicant (address, full name and contact information);
• the main part should describe the current situation in as much detail as possible: exactly what violations were committed by the prosecutor in the form of unlawful actions or inaction; what rights of an individual were violated with reference to legal norms;
• the petition part must contain the individual's demands , what measures need to be taken to the prosecutor, in the opinion of the applicant (for example, conducting an inspection or eliminating a violation of rights);
• list of attached documents to which the applicant refers in the text of the appeal;
• date of filing the complaint and signature.

If the complaint contains an inaccurate address or there is no information about the applicant, then such an appeal will not be considered.

The text of the complaint must be compiled in the correct form, divided into logical paragraphs and pre-checked for typos and spelling errors.

Submission methods

A complaint against the prosecutor’s office can be submitted to the prosecutor’s office in one of the following ways:

1. In person at a reception with the prosecutor during office hours , having previously made an appointment.
2. Through the office in accordance with the work schedule.
3. Verbally by telephone hotline or direct line of the chairman (for example, such a telephone is provided in the Investigative Committee).
4. By registered mail with acknowledgment of receipt and a list of the contents . It is worth considering that all letters addressed to the President are accepted and considered by a special Department for working with citizens’ appeals.
5. Using a special box “For appeals and applications ,” which is now installed in every department of the prosecutor’s office.
6. Via the Internet using a special form . It can be found on the official website of the prosecutor's office. For example, you can send a complaint to the Moscow Prosecutor's Office using this link. You can attach scans of all necessary documents to your complaint.
7. By email.

When submitting a complaint in person, it should be prepared in two copies. One of them with a note indicating acceptance of the request should be kept until you receive a response.

Requirements for a complaint

Article 11 of the Law on Citizens' Appeals establishes two main requirements for a citizen's written appeal:

1. The text should not use obscene or offensive language ; you cannot write threats against an official and his family members. Otherwise you will not receive a response.
2. The text must be legible and readable . Otherwise, within seven days from the date of registration of the complaint, if your data was written clearly, you will be informed that the complaint could not be read.

The text must be logically consistent and not cause ambiguity or discrepancies. You should adhere to a business style, avoid colloquial speech, slang, and phraseological units. The information should be relevant and relate to the essence of the problem you are describing. State the situation in detail necessary to resolve the case.

An important element of such a document is the indication of regulatory legal acts, some of the rules of which were not properly complied with.