How to appeal decisions of control (supervision) inspectors from 2021: procedure and rules for filing complaints

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.

Legal aspects of filing a complaint.

The legislative system of the Russian Federation provides for a procedure for citizens to defend their rights and interests by filing a complaint with the court, state and other public bodies and institutions that are authorized to restore the violated constitutional rights and freedoms of a citizen.

To any complaint filed, the applicant must receive a reasoned and comprehensive response, the absence of which is a direct violation of human rights and an additional reason for the intervention of the relevant authorities.

Legal rules for filing and responding to a complaint

A court hearing on the consideration of a complaint against the actions of officials is carried out with the participation of the state executor and the applicant, or, alternatively, in the presence of their representatives, if one of the parties to the case cannot attend the court hearing for good reasons.

If, based on the case materials, the court makes a decision in favor of the applicant, the official will be obliged to eliminate the violated rights and freedoms of the citizen. If the applicant's complaint about illegal actions or inaction of an official was rejected by the court, the citizen has the right to appeal to a higher court.

Regardless of the possible options for resolving the current situation, before writing a complaint, it is necessary to consult an experienced and competent lawyer. Such a specialist will be able to objectively assess the current situation and recommend the most optimal option for the content of the complaint. It is also important to remember that many citizens confuse, at first glance, the related concepts of “complaint” and “statement of claim.” In jurisprudence, these are completely different terms, the substantive nuances of which will also be helped by a professional lawyer.

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.

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.

Complaint, statement, proposal, petition, petition - civilized ways of solving problems

The right of citizens to appeal to authorities and other authorities

In circumstances and in case of conflicts when using a land plot:

• when it is impossible to register its boundaries
• when it is not possible to obtain title documents for it
• when a violation of property rights occurs
• etc.

every person thinks:

1. about why this happened
2. how to solve a problem
3. who should I contact in the administration or court for clarification?
4. where to begin
5. what should be the next action plan?

The questions that arise are clear:

• what do I want to achieve?
• Are my demands and claims fair?
• Are there any violations of rights and the law, and in what ways, as it seems to me, did this manifest itself?
• If I consult with my loved ones, will they understand the essence of the doubts that have arisen regarding the violation of my rights?
• Which official can help solve the problem?

After reflecting on the current situation, it becomes clear that in order to eliminate the problem it is necessary to contact the administration or other government authority.

You need to know that the possibility of appeals by citizens of the Russian Federation to the authorities is established by law:

• Constitution of the Russian Federation (Article 33)
• Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” ( No. 59-FZ dated 05/02/2006 )

Statements, complaints, petitions, petitions of citizens are called appeals. They are civilized methods of resolving those problems to which people draw the attention of authorities, police, tax authorities, prosecutors or other competent structures, and set out reasonable demands for their elimination.

In appeals, you can outline proposals for improving life in a city or village, make a statement about shortcomings in the administration, complain about a violation of your rights and ask for assistance in resolving the situation.

Contact:

• to any authority
• to a state or municipal institution
• to an official

Both any citizen of the Russian Federation and persons who do not have Russian citizenship have the right.

Appeals can be individual or collective, oral, written, electronically, sent by mail. Consideration of all types of appeals is carried out free of charge.

The right to appeal is free and voluntary. It must not violate the rights and freedoms of others.

Terminology and types of requests

Executive

This is a person who permanently, temporarily or under special authority performs:

1. or duties of a government official
2. or organizational and administrative, administrative and economic responsibilities in a state body or local government

Types of appeals from a citizen (citizens)

1. individual or group offer
2. statement
3. complaint
4. petition
5. individual appeal

Submitted to a government agency or other organization (official).

Presented orally, in writing or electronically.

Appeals

1. Appeal from one citizen

2. Appeal on behalf of an incapacitated citizen or one recognized as having limited legal capacity

This is an appeal submitted by his representative (guardian or trustee) with the presentation of a copy of the court decision declaring the citizen incompetent or partially capable

2. Collective appeal

This is an appeal from two or more citizens with an unlimited number of signatures

Statement

This is a citizen's request regarding:

1. assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons: for example, an application for the provision of a land plot, an application for employment or dismissal

Complaint

This is an appeal setting out a request for restoration:

• rights
• freedoms
• legitimate interests

violated by actions (inaction):

1. officials
2. government agencies
3. other organizations or citizens

Offer

This is an appeal from a citizen (citizens) in the form of a recommendation on the following issues:

1. improving the activities of government bodies and other organizations (officials)
2. improving the legal regulation of relations in state and public life
3. activities of local government
4. solving local problems
5. implementation of the rights and freedoms of citizens
6. improving economic, political, social and other spheres of activity of the state and society:
   for example, an appeal from city residents to the local executive body to carry out the restoration of an architectural monument, indicating sources of financing, or specific proposals from department economists to the head of the enterprise to increase profitability
7. activities on the territory of the municipality:
   enterprises
8. institutions
9. organizations

Petition

This is a citizen’s appeal, submitted in writing, with a request for recognition of:

1. certain status
2. rights
3. guarantees
4. benefits

with the provision of documents confirming them

Petition

This is a collective appeal from citizens to city authorities about the need for public reforms or partial changes in city legislation.

Types of appeals by method of preparation

According to the method of drawing up the appeal, there can be:

• written

1. are stated in writing
2. contain:
   signature of the citizen(s)
3. indication: last name, first name, patronymic
4. information about place of residence or work (study)

• oral:

appeals of a citizen (citizens) expressed by him (them) at a personal reception

1. government official
2. another organization

• repeated:

appeals from a citizen (citizens) on the same issue

1. to the same government agency
2. to another organization (to an official)

All types of appeals, as a rule, are formalized in the form of statements, complaints and petitions.

Statement

Application (collective or from a private individual) is a written official document that records the appeal of a citizen or group of persons:

• to the administration
• to an official

regarding the protection of interests and the exercise of rights. It is subject to mandatory consideration in the manner established by Federal Law No. 59 (clause 2 of Article 8).

The application is addressed to a specific official:

• head of administration, organization
• deputy head
• to the head of the structural unit

The text of any statement begins with the address:

• please look into the situation
• please help me resolve this problem
• please check the status
• Please pay attention to the following problem (question)

Next, the test clarifies the issue raised. The application form is free. The application is signed by the author and sent to the administration for a decision.

An example of filing a collective collective application is shown in this video:

The application can be sent in one of the following ways:

• by registered mail
• upon personal transfer to the secretariat
• by email

The second copy of the application must be marked with the date of receipt of the application. The decision of the official (manager) to whom the application is addressed is expressed in a resolution.

The resolution on the application serves as the basis for preparing a written response to the author of the application regarding the decision, a certificate of the status of the issue raised, an order to conduct an examination, inspection, etc.

Required sections of the application

The application must contain:

• name of the document (application)
• name of the administration, organization or institution to which the application will be sent
• full title of the position of the person to whom the application is addressed
• last name, first name, patronymic of the applicant
• information about the applicant: address
• passport details
• contact phone number
• etc.

In the upper right corner you need to indicate the addressee (for example, “To the Administration” and write the name of the municipality, but if the specific addressee is known, it is better to write his position, surname and initials).

Other required information:

• a specific and at the same time fairly concise statement of the essence of the statement
• the final part of the application contains a request to exercise one’s rights or protect interests
• a list of documents that are attached to the application is made with an inventory of them
• after the word “Attachments” and before the applicant’s signature
• date of application
• personal signature of the applicant with transcript

Note:

• The application is submitted in two copies, on which the incoming number and the signature of who accepted it are placed
• one copy of the application with the incoming number and date of acceptance is transferred to the applicant
• within 30 days from the date of acceptance of the application, the body that accepted it is obliged to respond
• if the application is a collective one, after the signatures it is necessary to write the full surname, first name, patronymic of all applicants
• applications containing obscene or offensive language, threats to the life, health and property of an official, as well as members of his family, will not be considered
• anonymous applications will not be considered

Complaint

Complaints are one of the ways to combat violations of the rights of citizens and legal entities. At the same time, they are a means of preventing such offenses.

The complaint will be the following:

• on restoration of rights and legitimate interests
• on bringing to justice those who committed violations
• on appealing the actions and decisions of the body of inquiry, the inquirer, the investigator, the prosecutor and the court, according to its legal status, facilitating the detection and elimination of violations and errors made in the process of criminal proceedings

The content of complaints is varied. People complain about officials, police officers, the housing management company, neighbors, the doctor or hospital, the post office or insurance company, the director of the enterprise, the judge, etc. both for their inaction or their unlawful actions, and in case of disagreement with a decision or actions affecting the rights and legally protected interests of citizens.

A complaint can be submitted orally in writing:

• to court
• to a government agency
• to local government
• official

The goal of complaints is the same - to achieve restoration or protection of violated rights, freedoms, legitimate interests or rights, freedoms, legitimate interests of other persons.

The following have the right to file complaints:

• citizens of the Russian Federation
• Foreign citizens
• stateless persons legally residing in Russia

About the deadline for filing a complaint

Complaints are filed in cases

• the rights of a citizen or citizens have already been violated
• rights restoration required

A complaint can be filed within a certain period:

1. no later than three months from the moment the citizen became aware of a violation of his rights
2. no later than 1 month from the date of written or oral notification to the authority or official of the refusal to satisfy its demands contained in the appeal:
   for example, if you disagree with a court decision, an appeal is filed

If the deadline for filing a complaint is missed for valid reasons and subject to the provision of supporting documents (sick leave, business trip), the filing deadline may be extended.

Requirements for filing a complaint

The text of the complaint should not contain:

• libelous materials
• expressions that insult the honor and dignity of the persons about whom the citizen is complaining

If these requirements are violated, the citizen who filed a complaint may be punished with a fine, and in some cases with compulsory labor (Article 128.1 of the Criminal Code of the Russian Federation).

How to file a complaint?

The document must contain:

• recipient address
• sender details
• identification of interested parties: usually for court documents

It must be taken into account that:

1. requests in the complaint must be formulated taking into account the powers of the official and the body to which the complaint is filed
2. the demands made in the complaint must not be mutually exclusive

If a complaint is filed “to the wrong address,” for example, to the administration about the inaction of a police officer, then the applicant must be given an explanation of where to go.

Complaints will not be considered if it is impossible to identify the authors of the documents attached to them. Such documents are considered anonymous.

Petition

A petition is a form of application by citizens, a group of individuals or organizations with a petition submitted:

• to any public organization
• to a government agency
• to a higher authority

The petition is submitted to a specific official who is competent in the problem specified in the petition and has the appropriate authority to resolve the issue, for example:

• the trade union organization operating at the enterprise petitions its management to provide housing from the enterprise fund to a specific employee
• plant management can apply for the allocation of a place for its employee in a dormitory owned by another enterprise

A petition is one of the types of appeals to government bodies. Filing a petition is allowed only on those issues and in those cases that are established by the legislation of the Russian Federation.

For example, an application for a permit to enter the Russian Federation

• foreign persons
• stateless persons

which can be obtained on the government services website.

During the judicial investigation, a petition becomes a formal request, set out in writing by the participants in the judicial proceedings for the purpose of carrying out certain actions:

• clarification of individual facts relating to the court hearing
• ensuring one's own safety or legal representatives acting during an investigation or legal proceeding

The content of the application must be:

• significant for a particular trial
• be directly relevant to the matter

Rejection from consideration of petitions filed in court proceedings is a violation of the Criminal Procedure Code of the Russian Federation (Article 159).

Petition

A petition is a formal request. Served individually or as a group:

• to government bodies
• local authorities

in writing for the purpose of initializing or changing some government decision.

Petitions, sent, as a rule, to the highest bodies of state power, raise not private, but socially significant public issues.

In Russia, there is no special federal law establishing a special procedure for the nomination, petition, its direction and consideration, or not yet, and the Constitution of the Russian Federation, due to the absence of articles on petitions in it, does not give Russians the right to submit them.

In a number of developed countries, the right to submit petitions, as well as the free expression of their people, is enshrined at the legislative level. In accordance with the adopted laws, a minimum number of signatures has been determined that must be collected in order for a document to be submitted for consideration to a government body. The minimum number of signatures in a petition depends on the characteristics of the legal system, the ability to quickly process requests and, naturally, on the political system of the state.

Petitions in countries where petitions are allowed are one of the most important tools for society to influence the government. They provide communications between authorities and citizens, although often for different reasons.

Possibility of putting forward petitions in Russia

The possibility of putting forward petitions in Russia is regulated by the Decree of the President of the Russian Federation “On the consideration of public initiatives sent by citizens of the Russian Federation” (No. 183 of March 4, 2013).

Petitions are submitted using the Russian Public Initiative resource.

This portal allows you to:

• reach a large audience
• collect a large number of signatures

In addition, the need to prepare a huge layer of paper documents, conduct personal meetings and establish contacts has disappeared. Electronic petitions have become very popular. Electronic and paper (written) versions of petitions are equivalent in legal force.

The purpose of petitions is not only to collect signatures. They create a more important opportunity - they unite people who are not indifferent to a specific common problem, on which they can work together, achieve the necessary attention to it both from the authorities and organizations, companies and a wide range of socially active groups of the population.

A petition is an official statement of the will of a large number of citizens. The authorities must take this fact into account. A petition allows you to influence the adopted law, partially change it, or even repeal it if there are sufficient grounds for this. Petitions, by and large, can be put forward in relation to any issue, be it the removal of a corrupt official from office or the creation of a children's park in a city or town.

On the ROI website, in the “How does it work?” section. can be found:

• with conditions for filing a petition
• with a content requirement that petitions: should not contain initiatives that contradict current Russian legislation

Virtual reception areas for submitting applications, appeals, complaints, petitions and proposals

Modern forms of dialogue between authorities and the population:

• electronic reception of the President of the Russian Federation
• reception room of the State Duma of the Russian Federation
• The electronic reception of the executive bodies of state power of St. Petersburg is an electronic reception for sending requests and messages

Such resources are convenient. They help people:

• submit proposals on issues of life in your region
• make a proposal and initiative
• receive comprehensive advice and answers to your questions
• discuss projects
• implement the best ideas
• achieve a solution to the problems outlined in the appeals
• openly express your opinion on topics relevant to the city, region, region

Traditional forms of appeals and personal receptions with heads of executive authorities are not excluded.

Rights of persons who submitted applications

When contacting authorities and any other authorities, a citizen has the right:

• provide additional documents and materials
• request additional documents and materials from the addressee
• get acquainted with documents and materials related to the consideration of the application, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law
• receive: an answer on the merits of the questions raised in the appeal
• notification of forwarding the appeal to a body or official whose competence includes resolving the issues raised in the appeal

Security guarantees in connection with filing an application

The law prohibits prosecution of a citizen in connection with his appeal:

• to a government agency
• to local government
• to an official

with criticism:

• activities of the specified bodies or officials
• in order to restore or protect their rights, freedoms and legitimate interests, the rights, freedoms and legitimate interests of other persons.

Disclosure of information relating to the private life of a citizen contained in an appeal, as well as other information, without his consent is not allowed.

The following does not constitute disclosure of information contained in the appeal:

• to a government agency
• local government authority
• official

whose competence includes resolving the issues set out in the appeal

The procedure for considering citizens' appeals

Personal reception of citizens by officials

Submit an appeal:

• to government bodies
• to local authorities

or you can do this orally at a personal meeting with the heads of these bodies.

Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of citizens. When receiving a person in person, the citizen presents a document proving his identity.

The content of the oral appeal is entered into the citizen’s personal reception card. If the facts and circumstances stated in the oral appeal are:

• obvious
• do not require additional verification

a response to an appeal, with the consent of the citizen, can be given orally during a personal reception. This is recorded on the citizen’s personal reception card. In other cases, a written response is given on the merits of the questions raised in the appeal.

A written application accepted during a personal reception is subject to mandatory registration and consideration in the manner established by this Federal Law.

If the application contains questions the solution of which is not within the competence:

• government agency
• local government authority
• official

The citizen is given an explanation:

1. where should he go
2. order of application

During a personal reception, a citizen may be denied further consideration of an appeal if he was previously given an answer on the merits of the questions raised in the appeal.

Mandatory registration of written appeal

A written request can be sent directly to:

• to a government agency
• to local government
• that official

whose competence is to resolve the issues raised in the application.

A written application is subject to mandatory registration. The statement states:

• incoming document number
• registration date
• surname
• position and signature of the person registering the document

Forms for registering citizens' appeals:

1. electronic
2. card
3. journal with graphs

All received applications, including those received in person, are registered on the day they are received.

If the competence of the official or administrative body to which the appeal was sent does not allow resolving the issues contained in the appeal, they:

• redirect it to another body or official whose competence is to resolve the issues raised
• deadline for sending – within 7 days from the date of registration of the application

The applicant must be notified of this.

If resolving the issues raised in a written appeal falls within the competence of:

• several government agencies
• several local governments
• several officials

copy of the appeal:

1. sent to the relevant authorities or officials
2. Departure time: within 7 days from the date of registration of the request

It is prohibited to forward the appeal for consideration to the authorities or official whose decision or action (inaction) is being appealed.

If it is impossible to forward the appeal for consideration to the authorities or an official, the complaint is returned to the citizen with an explanation of his right to appeal the relevant decision or action (inaction) in court.

Responsibilities of officials when considering appeals

• take measures to consider appeals
• make legal and informed decisions
• inform about decisions: in writing
• with decision-making arguments

Deadlines for consideration of applications

• no later than 15 days: the application does not require additional study and verification

If a citizen’s appeal submitted:

• to local authorities
• to the bailiff service
• to Rospotrebnadzor
• to the Federal Antimonopoly Service
• in housing and communal services
• to other organs

was:

1. ignored
2. left without consideration
3. unsubscribe response received:
   the officials committed a gross administrative offense and violation of Federal Law No. 59

then this circumstance should be the subject of attention of the prosecutor's office. You should go there immediately.

Control over the consideration of appeals

State bodies, local government bodies and officials, within their competence:

1. monitor compliance with the procedure for considering appeals
2. analyze the content of incoming requests
3. take measures:
   to identify violations
4. to eliminate the causes of violations

When considering citizens' appeals the following are used:

• electronic control system
• registration and control cards
• magazines

Further consideration of appeals:

• carried out in accordance with resolutions of managers or officials.
• notification is made to the applicant about the decisions taken
• the responses and orders of higher authorities indicate: information about the notification of the applicant
• artist's note

If citizens' appeals contain questions related to:

• to the competence of several government bodies
• to the competence of other organizations (officials)

copies of requests:

1. sent to the relevant authorities and officials
2. with notification of this to citizens
3. deadline for sending requests – 5 days

When an appeal is considered considered and resolved

The appeal is considered considered and resolved if:

1. the questions raised have been considered
2. necessary measures have been taken
3. a written response was given on the merits of the questions raised in the appeal within the time limits specified in the Law

The response to the appeal is signed:

• or the head of a government agency
• or the head of a local government body
• or an official

The response to an appeal submitted via information systems is sent to the applicant’s email address.

Retention period for requests

Shelf life – 5 years:

• citizens' appeals are related to the consideration
• for repeated applications: from the date of last review

In a number of cases a decision may be made:

1. on increasing the storage period of appeals
2. on permanent storage of circulation

List of grounds for refusal to consider applications

• the written appeal does not indicate: the surname of the citizen who sent the appeal
• postal address to which the response should be sent

Compensation for losses caused and recovery of expenses incurred when considering appeals

A citizen has the right to compensation for losses and compensation for moral damage caused by the unlawful action (inaction) of a state body, local government body or official when considering an appeal, according to a court decision.

If the appeal contains knowingly false information, the costs of bodies or officials for its consideration are recovered from the applicant by court decision.

Need to take into account

References to regulations and their individual clauses will create significant difficulties for officials to make formal replies and will help achieve effective results.

Helpful information

• Simplified technological connection diagram for gardeners, summer residents, legal entities, individual entrepreneurs - 2021 - read here
• “Dacha Amnesty” 2021 – 2026: new opportunities – read here
• Read about the procedure for including sites within the boundaries of settlements here
• What is a land encumbrance can be found here
• The conditions for registering ownership of seized land can be found here
• You can learn about the new VRI Classifier (2019) here
• The calculation of taxes on real estate according to the new rules for 2019 can be found here

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.

What should a complaint against a decision contain?

1. Addressee of the application. Indicate the name of the court or territorial traffic police office to which you are sending the complaint. Here, fill out information about the applicant and his representative, if he has one: full name, residential address, contact phone number.
2. Title of the document. Typical title: “Complaint against a decision in a case of an administrative offense.”.
3. Descriptive and motivational part. Briefly describe the circumstances of the incident.
   Indicate the number and date of the resolution, full name. and the position of a traffic police inspector (or a judge, if a court decision is being appealed), article of the Code of Administrative Offenses of the Russian Federation. In this part, also describe the reasons why you consider the decision to be unlawful. Provide references to legal provisions to support your position.
4. Resolution part. This part should briefly summarize the complaint. For example: “I ask you to cancel the resolution (number, date) and terminate the proceedings.”
5. Application. Attach to the complaint a complete list of documents that prove the applicant is right. For example, the Supreme Court ruled that if the car was driven by another person, and the owner received a fine, the following must be attached:

• power of attorney for management rights;
• MTPL policy, which indicates the person who was driving;
• rental or leasing agreement for a vehicle;
• written explanation of the driver who committed the violation.

1. Signature and date of writing the application.

File a complaint about a fine

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.

Briefly about how to deal with customer complaints after canceling the complaint book

• The complaint book was canceled only for retail companies. The rest of the business that sells goods and provides services to individuals must have a complaint book. Otherwise, the company faces a fine of 20,000–50,000 rubles, and an individual entrepreneur – 10,000–20,000 rubles.
• A business does not have to respond to every entry in the complaint book. If this is a review or suggestion, just in case, you can simply make a note that you watched the recording. It is necessary to understand and respond if the client has left a complaint.
• The claim can be called anything, for example, statement, demand, complaint. The main thing is that the consumer demands something from you and considers this demand legitimate.
• A complaint is considered not only an entry in the complaint book or a written request sent by mail or handed to the secretary. If there is no direct prohibition in the contract, the consumer can contact the business via email, SMS or messenger, as well as through social networks.
• If the consumer is right, his demand must be satisfied. If he is wrong, you need to refuse him, preferably with reasoning, with references to the laws.

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.

How to file a complaint

In the usual understanding, a complaint as a legal instrument has a special content. The requirements for the content of a complaint, as well as the concept of a complaint itself, are determined by the Federal Law “On the Procedure for Considering Appeals of Citizens of the Russian Federation”, according to which a complaint is a citizen’s request for the restoration or protection of his violated rights, freedoms or legitimate interests, or rights, freedoms or legitimate interests of others.

What is a complaint?

A complaint represents information about an action (the subject of the complaint) and a specific requirement (what we are seeking). If you believe that your rights have been violated, write a complaint.

The complaint must indicate the full name. the citizen who makes the complaint and his postal address. Explain in the letter what you expected and what you received as a result. Don’t forget to describe exactly what result you want to achieve and how the problem should be resolved. An apology may be enough for you - that's the minimum. You want a replacement purchase or equipment, so that you are compensated for material losses, or the purpose of the complaint is compensation for moral damage.

What is a complaint and its legality

A complaint is an appeal by a person regarding the restoration of rights, freedoms or legitimate interests violated by actions (inactions), decisions of bodies or officials of state authorities or local self-government.

Where to write a complaint is one of the first questions that a citizen has. To answer this question, you need to understand the nature of the legal relationship that connects you with the person against whom you are filing a complaint. In order to understand where to most effectively write a complaint, you need to determine the type of complaint, for example, civil complaints (see below) and cassation complaints.

1. A civil complaint is a conventional name for complaints that aim to highlight a situation, such as complaints to public organizations, colleges, unions, etc. complaints that are filed against a person who belongs to a certain community.
2. A judicial complaint is a complaint within the framework of current legislation for the review of a court decision or a court ruling made in a trial.

Examples of civil complaints

1. Complaints about notarial actions / refusal to perform them or a complaint against a notary are filed with the notary chamber or the Ministry of Justice.
2. A complaint against a lawyer is submitted to the bar association to which the lawyer belongs or to the Ministry of Justice.
3. A complaint against a judge is submitted to the chairman of the court or to the qualification board of judges.
4. A complaint about the actions of employees of the Housing Office or Disposal Office is submitted to the head of the Housing Office / Dispatch Office or to the district administration.
5. A complaint against a teacher or teacher of a kindergarten or school, as well as the director of an educational institution, is submitted to RANO.
6. A complaint about the quality of service or the seller is filed with the consumer protection society.
7. A complaint against the employer is filed with the labor inspectorate (labor inspectorate). If there is a trade union, the complaint is submitted to the chairman of the trade union.
8. A complaint to the prosecutor's office and a complaint about the inaction of the prosecutor's office.
9. Complaint against the Social Insurance Fund, procedure for complaints to the Social Insurance Fund.
10. Complaint to the tax office.
11. Application to the labor inspectorate.
12. Complaint to MTS, Beeline, etc.

Composition of the complaint

It can be a government body, as well as an official. The complaint must be sent to the addressee who has the authority to consider the actions being complained about.

The complaint should not show the emotions of its originator, but contain specific facts and demands, accompanied by documents supporting the arguments, if any. It is also advisable to provide links to regulatory legal acts in which the rights and interests of citizens are violated.

Complaints, by their nature, are divided into individual and collective; the effect of the latter is, as a rule, the most significant.

Filing a complaint and deadlines for its consideration

To submit a prepared complaint, a person goes to the reception office of the authority where the complaint is intended and registers it (receives an incoming number and registration date), from this moment the calculation of the period for consideration of the complaint begins.

At the same time, make a copy of the complaint, and demand that you put a note on acceptance on your copy, indicating the incoming number, full name of the recipient, position, date and seal. If this fails, then send a complaint by mail, namely a valuable letter (1 ruble) with an inventory.

The total period for consideration of a complaint is 30 (thirty) days from the date of registration by the body whose competence includes consideration of the relevant complaint, but it can be extended for a longer period upon notification of this to the citizen who filed the complaint without fail.

In practice, it is quite difficult for citizens to draw up a legally competent complaint. Accordingly, the effect of its submission to a government agency does not always meet expectations. The lawyers of our firm will help you to competently draw up a complaint, referring to regulations, correctly state the fact of violation of rights and outline the requirements.

For reference:

1. Sample complaint to the prosecutor's office for libel.
2. Juristic documents.

You can also get free advice on filing a complaint with us by sending a request for a free consultation with a lawyer using the feedback form on our website, or by calling.

Advice: Remember, ignorance of your own rights makes people defenseless.

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.

Procedure and terms for consideration of a complaint

The procedure for considering complaints by public authorities is regulated by the above-mentioned Federal Law on Citizens' Appeals, according to which a written complaint, regardless of the method of filing it, is considered within 30 days from the date of registration. In exceptional cases, this period may be extended by another 30 days with mandatory notification to the applicant. Registration of an appeal usually takes from one to several business days.

Some government agencies have reduced the processing time for applications. Thus, the prosecutor’s office can consider a complaint within 15 days, and the financial ombudsman considers appeals received to him within 15 working days.

If necessary, based on the facts specified in the application, the government agency conducts an unscheduled inspection of organizations, including a personal visit, requesting documents, etc. If a violation of the law is detected, the government authority will issue an order to eliminate the violations: to terminate contracts, bring the condition of the premises into compliance with sanitary and epidemiological standards, stop using advertising materials, etc. Also, administrative or criminal proceedings may be initiated against the violator.

The decision of a government authority can be appealed to a higher government agency or to court.

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.