A call from the police that will leave you without money: a new telephone scam scheme

What does the FSB do?

The service performs diverse functions. Legislation changes regularly, new standards and amendments are adopted, and the department’s operating methodology is developed. Despite this, over the years, two primary tasks of the service remain unchanged:

• suppression of criminal activity;
• counterintelligence activities.

The legislation defines them as the main directions of the department. Regardless of what tasks it faces, any activity or methods should not come at the expense of the life and health of citizens. On the contrary, all actions are aimed at protecting civilians, maintaining a stable situation, and preventing wars and terrorist attacks.

The FSB is the executive body of government. Accordingly, the service must interact with citizens, receive them, consider incoming applications and complaints, within the established powers.

Reasons for filing an application for inactivity

There are many situations of violation of citizens' rights. But the most common are the following:

• no investigation is carried out on the application to initiate a criminal case;
• the verification of the application was carried out superficially, without attention to important circumstances, and the initiation of a criminal case was refused;
• the case was opened, but under a “softer” article of the Criminal Code;
• a case has been opened, but no work is being done on it (witnesses are not interrogated, material evidence is not confiscated, criminals are not detained, etc.), and in the end it will simply be suspended, without fair punishment for the perpetrators;
• there are no notifications regarding the application (about decisions made, actions taken, etc.), and attempts to find out something remain fruitless.

You should not delay contacting supervisory authorities regarding the inaction of law enforcement agencies. You may miss time and the opportunity to solve a crime.

• What to do if the police do not accept a statement
• Time limits for considering a police complaint about fraud and their further actions
• Deadlines for filing and reviewing a police complaint about assault
• Deadline for filing a theft report with the police
• Statute of limitations for traffic police fines
• Statute of limitations for filing a police report
• Application for complaints to the traffic police

Sometimes, by the way, you can do without statements “to the top.” For example, to appeal the conduct of any investigative actions within the legal period.

Example: in a criminal case of theft, the investigator interrogated witness M, who, after interrogation, refused to sign the protocol drawn up, stating that the information provided was distorted, as well as incomplete information. In particular, the place and time of the witness's stay were inaccurately indicated.

Guided by the law, the investigator invited M to personally supplement the protocol, writing into it everything that he considered necessary. This was done, after which the witness certified the document with his signature.

The same can be done when ordering examinations.

Expert opinion

Egorov Viktor Tarasovich

Lawyer with 10 years of experience. Specialization: family law. Recognized legal expert.

Example: victim E’s car was burned. Based on the available documents, the investigator ordered an examination of the car to determine the estimated value of movable property at the time of the crime.

When the relevant decision was made, the victim was absent from the city and was unable to pose his own questions to the experts. As a result, the investigator limited himself to only one thing: what was the value of the vehicle on the date of the illegal actions? The returning victim was familiarized with the results of the examination and saw that the price of the car was significantly underestimated.

And all because the experts were not provided with documents about the installation of expensive video and audio equipment in the vehicle interior. E immediately requested the appointment of an additional examination.

And he included documentation for the equipment inside the car. The petition was granted, and the cost of the car increased as a result of the new examination.

So you don’t have to complain, but use the algorithm of declarative influence provided for by the Code of Criminal Procedure of the Russian Federation . Although, of course, there are situations when you simply cannot do without a complaint. And we need to figure it out: where can we complain about the police?

For what questions can you contact the FSB?

As the practice of past years shows, the main topics for the population to contact the service are:

• notification of impending or committed criminal acts;
• illegal actions of foreign institutions;
• espionage.

Information from an expert

Demenkov Igor

Expert of the site FSBgid.ru

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The main topic for appeal remains terrorism, namely, reports of suspicious-looking objects left in public places or strange behavior on the part of other citizens.

Since terrorist attacks entered people's daily lives as uninvited guests, they began to become vigilant.

The fight against terrorism is the responsibility of the federal security service, namely:

• identification, prevention and suppression of any facts of terrorism;
• management of rescue operations in the event of a terrorist attack;
• coordination of activities of other government departments;
• rescuing citizens held hostage;
• detention of criminals preparing or committing a terrorist attack.

Most of the incoming requests from citizens about suspicious persons and objects are primarily sent not to the local police officer, but to the FSB.

Where to go if the police do not respond to a complaint

When police officers do not want to perform their official duties efficiently, or openly ignore requests from the population, you can file a complaint with a number of supervisory authorities. Starting from the immediate superior of the negligent police officer, and ending with higher departments - the court, the prosecutor's office and even the Presidential Administration. There are also several ways to submit: during a personal visit, on the official website, by telephone hotline, or by registered mail.

Police

The very first authority to which you can file a complaint about unlawful actions of a police officer or his inaction is his immediate superiors.

To do this, you need to visit the head of the department during office hours and personally submit a claim. It is also possible to send the paper by registered mail, with notification of delivery to the addressee.

If this does not help resolve the issue, then you need to contact higher management. You can also leave a request on the official website of the Ministry of Internal Affairs of the Russian Federation. In many regions of the country, the territorial divisions of the ministry have their own Internet portals, which accept applications from the population.

Another option for filing a complaint remotely is to call hotline : 8 (800) 222-74-47 .

Calls are free for all subscribers and are accepted 24 hours a day. The operator registers the received claim and forwards it to the appropriate service of the Ministry of Internal Affairs.

Prosecutor's office

Article 52 of Federal Law No. 3 states that the prosecutor's office is the main body supervising the work of the police and compliance by its employees with Russian legislation. If employees of the Ministry of Internal Affairs violate the law, the prosecutor is obliged to issue an order to eliminate it. If the detected violation is of a serious nature, at the request of the prosecutor's office, administrative or criminal proceedings are initiated against the police officer.

Yulia Kalinina

Consumer Protection Lawyer

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Every citizen who has suffered from the arbitrariness or inaction of internal officials can file a complaint against the police with the prosecutor's office. Upon receipt of a complaint, an investigation is carried out, and if violations are detected, the perpetrators are held accountable depending on the severity of the offense - disciplinary, administrative or criminal.

Court

The judiciary is one of the highest authorities that people turn to when it is not possible to resolve the conflict by other means. After receiving the statement of claim, legal proceedings begin. Its initiators can be both the victim himself and supervisory authorities - the prosecutor's office, the internal security service under the Ministry of Internal Affairs.

The claim should state the circumstances of the problem and specific requirements: bring the violator to justice, issue a court order to eliminate the violations, and seek compensation for the material (moral) damage caused.

CSS

The Department of Internal Security is a special police unit responsible for identifying and suppressing crimes among department employees.

This authority accepts appeals relating only to serious offenses by employees of the Ministry of Internal Affairs that fall under the scope of the Criminal Code of the Russian Federation - torture, corruption, extortion, falsification of cases, and the like.

Minor offenses, such as illegal checking of documents on the street, or refusal to accept an application, will not be considered by the CSS.

HRC under the President

The Human Rights Council is a special body whose purpose is to oversee compliance with constitutional norms and protect the civil rights of the population. A complaint is submitted to the public reception of the Council in case of serious violations of the rights of citizens by government officials, including employees of law enforcement agencies.

You can file a complaint against the police:

• By calling the HRC hotline: 8 (495) 606-48-55;
• By sending the paper by registered mail to the address: 103132, Moscow, Staraya Square, building No. 4 .

After considering the received appeal, the HRC forwards it to the department responsible for this area of ​​violations - the Internal Security Service, the prosecutor's office, the courts.

Public Council under the Ministry of Internal Affairs

This non-governmental body was created under the Ministry to assist in monitoring compliance with the rule of law and the rights of citizens by police officers. He is the link between the population and local authorities on the one hand, and the police on the other.

You can contact the Council:

1. Through the official website of the organization.
2. Toll free hotline 8 (800) 250-85-02.
3. Send a written complaint to the regional department of the Council, or to the head office at the address: 117342, Moscow, post office box 35 .

President of the Russian Federation

The highest authority to which a Russian can complain about unlawful actions of police officers is personally to the President of the country. At first glance, the resolution of a conflict that has arisen between an individual citizen and a police officer does not correspond to the level of the head of state. But, oddly enough, such appeals are quite effective.

Officials of the Ministry of Internal Affairs or supervisory departments, having received an order from the Presidential Administration to look into the problem presented, very quickly carry out the order.

On the website of the Office of the Presidential Administration for processing applications, you can file a complaint about violations by officials of any government departments. Upon consideration of the complaint, it is redirected to the necessary authorities with a requirement to understand the essence of the problem.

Commissioner for Human Rights

The position of the Civil Rights Ombudsman was introduced in the country relatively recently, but has already shown its effectiveness.

The scope of the commissioner's activities includes oversight of compliance with constitutional rights and freedoms. When a complaint is received, the authorized person personally, or members of his staff, consider it, if necessary, sending official requests to various authorities.

When violations of a citizen’s rights are identified, the Ombudsman takes all necessary efforts to restore them, involving the judiciary, the prosecutor’s office and other departments. Each region has its own commissioner appointed by the local parliament.

You can submit a complaint to the central office of the Commissioners for Human Rights on the official website of the Commissioner for Human Rights in the Russian Federation.

Functions of the intelligence service

The main functions of the FSB:

• counterintelligence is a classified type of activity of the service;
• intelligence - internal and external;
• fight against corruption, extortion of funds;
• illegal drug trafficking, weapons;
• protection of state borders - suppression of attempts to illegally cross into the territory of the Russian Federation;
• ensuring security in the information structure - protecting state secrets and classified information.

The Federal Security Service has various divisions, each of which has its own tasks and functions.

Court

If none of the above authorities helped you, then the last place you can turn to is the court. As in other cases, to initiate legal proceedings you will need to draw up a statement of claim in accordance with all the rules of the Civil Procedure Code, indicating the grounds and clear requirements.

When drawing up a statement of claim against the actions or inaction of police officers, you will need to study legislative articles and find legal grounds for initiating legal proceedings. If you do not have knowledge of jurisprudence, then this may not be an easy task, for which it is better to contact a competent lawyer who, if you wish, can also defend your position in court.

A standard appeal should contain the following information:

• name of the territorial unit of the service, address;
• personal data of the applicant;
• detailed information about the event that occurred or the alleged crime scene, indicating the time, place, persons involved (if such information is available).

The standard period for consideration of the application is 30 days. If the appeal indicates events that are not within the powers of the intelligence service, the applicant will be notified about this within 5 days.

What cannot be included in the application:

• information limited to the circle of distribution;
• data related to state secrets.

If the applying citizen has evidence, it should be attached. These can be photos, videos, correspondence, voice recorders. It all depends on the subject of the appeal.

If we are talking about dangerous and suspicious finds, citizens can pass information on the helplines of the FSB and the Ministry of Internal Affairs.

Timely appeals from citizens and vigilance on their part make it possible to prevent terrorist attacks, treason, and stop corruption and other crimes. Thus, the security of the territory of the Russian Federation is ensured.

Reasons for complaints against police officers

A complaint against a police officer is filed in two main situations :

1. Unlawful actions on the part of an employee of internal bodies that go beyond the scope of his official powers.
2. Inaction in situations where his intervention is required to restore public order.

Yulia Kalinina

Consumer Protection Lawyer

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The legislation clearly regards both situations described as a violation by an employee of the Ministry of Internal Affairs of his direct official duties. If such violations are detected, a citizen has the right to file a complaint against the negligent police officer with regulatory authorities.

Misconduct by a Police Officer

Each employee of the Ministry of Internal Affairs is obliged to act strictly within the limits of official authority established for him. This rule must be followed by all law enforcement officers, regardless of the specific place of duty - traffic police inspectors, district police officers, investigators, patrol officers.

Any crossing of these official boundaries is regarded as an official offense. And in some situations, abuse of power may lead not only to disciplinary action by the department, but also to the initiation of a criminal case.

Situations where a citizen can complain about the police include:

• Unreasonable use of force by police. According to the provisions of Federal Law No. 3, employees of the Ministry of Internal Affairs have the right to use physical force or special means only to protect the life, health and property of citizens, for self-defense, or to neutralize an aggressive offender. If a police officer uses force or special equipment (a baton, handcuffs, a gas canister) to punish a violator, or to assert his power over him, this is a malfeasance. Such a police officer must be held accountable in accordance with the provisions of administrative or criminal law.
• Unlawful initiation of an investigation in the absence of objective reasons for this. Such an act may be a consequence of the low professional qualifications of the police officer, or a deliberate violation. In the latter case, this is usually associated with some kind of corruption component: an attempt at extortion, putting pressure on a citizen, personal revenge for something. The illegal initiation of a criminal case is often accompanied by falsification of search results (planting of material evidence), forgery of documents, and so on. All such actions are clearly regarded by law as a criminal offense, and the police officer who committed them is obliged to answer to the fullest extent of the Criminal Code.
• Illegal document check , detention, seizure of property, personal search or search. All actions of employees of the Ministry of Internal Affairs are subject to official instructions and directives, which must be strictly observed. Violations of them serve as a reason for filing a complaint against the police with supervisory authorities. A search of the premises and seizure of property should be carried out only in the presence of a judicial (prosecutor's) warrant, and not on the personal initiative of a specific police officer. Employees of the Ministry of Internal Affairs can only enter private property with the permission of a prosecutor or judge. The exception is when there is evidence that a crime is taking place there or a dangerous criminal is hiding. Also, a police officer does not have the right to conduct a personal search of the contents of passers-by’s pockets or bags, or check their documents without a good reason, as a preventive measure “just in case.”

Inaction of a police officer

The other extreme, also considered a violation of official duties, is the unreasonable inaction of internal organs employees.

examples of this from life:

1. The district police officer does not respond to requests from citizens, and does not take action against neighbors who break the law - making noise at night, leading an antisocial lifestyle, damaging common property.
2. The police station duty officer refuses to accept the application on some far-fetched pretexts.
3. Investigators of the Ministry of Internal Affairs unlawfully refuse to initiate a case into the commission of a crime.
4. The patrol team does not respond to an emergency call received from a citizen, and is in no hurry to go to the specified address.

These are only some of the possible situations where police officers are negligent in their service. In such cases, the person whose interests have been harmed has the right to complain about the inaction of the police.