How to write and submit a complaint correctly?

What is a complaint

From a legal point of view, a complaint is the most effective method of protecting rights and freedoms. It is worth considering that this type of treatment always has consequences. Therefore, if the subject of the complaint is a far-fetched grievance on the part of a citizen, which is supported only by moral norms, it is worth thinking about the advisability of drawing it up.

A complaint is an official document, a claim, with the help of which a person can declare a violation of his legal rights. In other words, a complaint is the starting point for resolving a conflict.

The law does not provide for a specific form of writing a complaint. The claim is written in any form. The main requirement is to clearly and concisely describe the current situation. In order to competently justify the requirements, we recommend analyzing the following regulatory documents:

1. Federal Law “On the procedure for considering citizens’ appeals.”
2. Code of Civil Procedure of the Russian Federation.
3. Code of Administrative Procedure.
4. Arbitration Procedure Code.
5. Code of Criminal Procedure of the Russian Federation.
6. Federal Law “On the Prosecutor's Office”.

In addition to the above documents, it is worth familiarizing yourself with the norms of local legal acts that are issued by local governments in a specific region of the country.

Reasons for writing

The main reasons for writing a complaint are:

1. Rude attitude from officials and ordinary employees.
2. Poor quality service in retail or wholesale trade.
3. Extortion of a bribe. This category can also include any forced material gratitude to an official.
4. Violation of the work schedule of enterprises of all forms of ownership.
5. Refusal to provide benefits.

Personal interests can be violated not only by government agencies. There are often cases when a citizen’s labor rights are violated. In such cases, it is not recommended to immediately file a complaint with higher authorities. The best way to resolve a conflict with minimal losses is a conversation with the manager.

Common mistakes

Mistake No. 1: Silence of violation of the law by a certain person or government body.

Comment: Unfortunately, this is one of the common mistakes that in one way or another affect your future fate. Let's consider an example that almost every person has encountered, but some were silent, while others prevented it. The basis is a bribe, especially if it concerns public sector specialists such as police officers, health care and education. A person takes a bribe for services and then continues to work, where he takes bribes in larger quantities and so on higher and higher, until there is a caring person who will write a complaint and management will take certain measures against this specialist.

Mistake #2 : Complaint without evidence

Comment: An important error that should not be overlooked. It is worth remembering one important rule - if you are going to write a complaint, you must have one or more evidence. Otherwise, you should not write it, since you may not punish your opponent, but you yourself may end up under the article of slander. Evidence can be: photographs, recordings of conversations and videos, testimony of witnesses, messages, things, etc.

Personal or collective

There are two main types of claims:

1. Private - filed on behalf of the person whose rights have been violated.
2. Collective - submitted on behalf of 2 or more persons.

Collective requests are always treated with close attention. They are never ignored and are always placed under special control.

Do not think that private appeals are meaningless. A properly filed complaint, the meaning of which is supported by legislative norms, will bring results.

Form and content

Complaints can be oral or written.

Oral appeal is appropriate mainly in cases of contacting the dispatch service or call centers of large organizations. In order to be sure that your complaint will not be ignored, we recommend that you always check the contact details of the person who took note of the appeal and the serial number of the appeal.

A written complaint has a number of advantages. However, for a positive result, it is worth considering the following:

1. The appeal is drawn up in two copies. One remains with the addressee, the other with the applicant.
2. The copy that remains with the applicant must be marked with receipt.
3. If it is not possible to personally deliver a copy of the application to the desired organization, use mail or courier delivery services.

The law does not provide clear regulations for filing a complaint. However, when writing, you should be guided by the norms of business correspondence.

Typically the appeal structure consists of:

1. Details of the parties (in other words, “header”).
2. Description of the problem.
3. Applicant's requirements.
4. Date and signature of the applicant.

Let's consider each point in detail.

How to write a complaint correctly?

According to Art. 7 Federal Law on citizens' appeals, a written appeal must contain:

1. Full name of the government body to which the application is sent, if possible, full name and position of the specific official. You can also write the address of the department where the appeal is sent. This data can be found on the website of the organization of interest.
2. Full name of the applicant. It is necessary to provide reliable personal information, since anonymous complaints are not considered by government authorities.
3. The postal address of the applicant where the response to the complaint will be sent, and in the case of an electronic appeal - the email address. It is better to additionally indicate your phone number so that, if necessary, you can clarify the information. Data about the applicant and the recipient organization are filled in in the header of the document if it is drawn up on paper. If the application is sent electronically, as a rule, this data is filled out in a questionnaire.
4. The essence of the complaint. The circumstances in the complaint are stated in business language, briefly and concisely. The events that led to the violation of rights are described in chronological order. Specific dates of events, full names of employees, document details, etc. should be indicated. The requirements specified in the appeal must be justified by the law and the clauses of the contract, if any.
5. The final part lists specific requests to the government agency: to stop the crime, check compliance with sanitary and epidemiological standards, etc.
6. List of application documents. Copies of documents should be attached, and the originals should be kept with you.
7. Date and signature.

In addition, the message cannot contain obscene language, insults or threats, otherwise it may be left unanswered. In general, the appeal is drawn up in free form; there is no normatively approved template for complaints to public authorities.

It is better to print the text of the appeal, since a handwritten appeal is more difficult to read. Government officials receive a large number of complaints and will not understand the applicant’s handwriting. In this case, the application will not be considered.

When filing a collective complaint, it is necessary to provide information about all applicants, and all of them must sign the appeal. This data can be issued on a separate subscription sheet.

To correctly fill out the application, you can use our sample complaint and remake it taking into account your specific situation.

Details of the parties

The “header” indicates the names of the parties, their addresses and contact information. You can find out the exact contact details of the addressee either on the organization’s website or on any official document issued by this organization (for example, a cash receipt).

The applicant's details must also be specified in the application. Be sure to include a current phone number. If the redneck is of a collective nature, one person on whose behalf the application is submitted is indicated as the applicant.

Reasons for complaint

Every day the mayor of Moscow receives hundreds of requests, the basis of which is various problems people have. These are the problems they cannot solve on their own.

What should the complaint contain?

The complaint can be written in a simple form yourself, as this will not be difficult. However, to do this, you need to have a complaint plan in front of you, it will be easier and no details will be missed.

The complaint plan consists of blocks that reveal the points of the complaint.

The complaint can be written independently or with the help of qualified lawyers who will immediately give a legal assessment of the situation.

Important! If you cannot write a complaint yourself, a lawyer can do it for you and charge a fee of 500 to 1,500 rubles.

Main part and description of the problem

The text of the complaint is drawn up in accordance with the norms of business correspondence. The use of profanity and overly emotional statements is unacceptable. However, it is worth considering that a complaint written in a conversational style cannot be rejected. All appeals from citizens are subject to mandatory consideration. The exception is anonymous statements.

The applicant's claims must be supported by legislative norms. But this requirement is not mandatory. Many citizens do not have sufficient knowledge in the field of law. Therefore, it is permissible to present the applicant’s claims without reference to articles of regulations.

The legislative framework

The basic rules for drawing up and the procedure for filing a complaint are set out in the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” (hereinafter referred to as the Federal Law on Citizens’ Appeals). The requirements specified in this law apply to any complaint, no matter what authority it is submitted to.

In addition, some government agencies have established their own rules and regulations for working with citizens’ appeals, which may establish additional requirements for citizens’ applications. Thus, when applying to the prosecutor’s office, one should be guided by the Instruction on the procedure for considering applications and receiving citizens in the prosecutor’s office of the Russian Federation,” approved by order of the Prosecutor General of the Russian Federation No. 45 of January 30, 2013. The Pension Fund of the Russian Federation also has its own operating regulations.

When drawing up the appeal itself, other regulations may be needed that regulate the violated rights of a citizen. Thus, a complaint about a low-quality product is drawn up on the basis of the Law on the Protection of Consumer Rights, about problems with utilities - in accordance with housing legislation, unlawful actions of banks violate banking legislation, etc.

Prosecutor's office

Employees of the prosecutor's office carry out supervisory activities to ensure compliance with the requirements of current legislation. Therefore, their competence includes consideration of all types of complaints.

There are two time periods for consideration of citizens' appeals by the prosecutor's office: shortened and general. The general review period is 30 days, the shortened period is 15 days.

A shortened period applies if:

• confirmation of information does not require additional verification;
• the application is submitted by the Commissioner for Human Rights;
• a deputy or parliamentary request has been received.

The period for consideration of a complaint may be extended by 10 days.

Labor Disputes Inspectorate

This inspection performs the following functions:

1. Supervision of compliance with labor legislation.
2. Analysis of the circumstances that caused the labor conflict.
3. Sending case materials to higher authorities.
4. Application of administrative measures against guilty persons.
5. Investigation of industrial accidents.
6. Participation in the development of local instructions and regulations that help protect workers' rights.

The labor inspectorate has 30 days to consider the complaint. However, this period may be extended by another 30 days if circumstances so require.

Common Questions

Question No. 1: Is it possible to send a complaint to the mayor of Moscow using postal services if we do not live here?

Answer: Any citizen of the Russian Federation has the right to write a complaint, regardless of place of registration and residence. To do this, you need to express your dissatisfaction on paper and back it up with evidence, which in turn will confirm the basis for the appeal. After this, make an inventory of what will be in the envelope, for example,

1. The complaint itself;
2. Application:
   Photo 1,2 (if there are several of them);
3. A certificate or other document that serves as evidence regarding this complaint.

After this, you need to put everything in an envelope on which you should write the address: 125009, Moscow, st. Tverskaya, building 13. The complaint should be sent in a registered format, as this will guarantee that the letter will be received.

Question #2 : Can there be a complaint without a name? I am afraid of the consequences that may reach me after the government begins to look into my complaint.

Answer: If the basis of your complaint does not relate to corruption, then it can be submitted anonymously. In addition, how can you get the result of considering a complaint if there is no addressee. There is no need to be afraid, since all actions that occur from another person to you and from the one who wants to harm you after a complaint can be recorded, and later these measures can be sent again for consideration to the reception.

Complaint to Rospotrebnadzor

You can submit a claim in the following ways:

1. Electronically, on the official website of the organization.
2. By phone, contacting the call center.
3. Send a registered letter by mail.
4. Through MFC.
5. Personally visit the territorial division of the organization.

It should be noted that before contacting Rospotrebnadzor, the applicant must submit claims directly to the “offender,” the person who violated the citizen’s rights.

The maximum period for consideration of a complaint is 30 days. The renewal period may be extended, but not by more than 30 days.