A complaint to the prosecutor's office is filed in cases of violation of the rights and interests of citizens by commercial organizations or government agencies. Most often, the grounds for appeal are infringement of labor rights, refusal of government agencies to provide services, or inaction of officials.
The prosecutor's office will review the appeal and conduct an investigation. A crime report should be filed immediately with the police, since they are the ones who conduct the investigation. The functions of the prosecutor's office include only supervision of compliance with the law.
What you need to know when approaching the prosecutor's office
The Prosecutor's Office of the Russian Federation is a federal structure for supervision of Constitutional rights, the freedom of citizens and the implementation of laws on the territory of our state. It includes military, law enforcement and civilian prosecutors' offices.
This service also monitors the implementation of the provisions of the law by state, federal, commercial structures, but at the same time its divisions “do not replace other government bodies and officials who monitor the observance of human and civil rights and freedoms, and do not interfere in the operational and economic activities of organizations “, - according to paragraph 2 of Article 26 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” N 2202-1.
In other words, the supervisory service monitors the implementation of the law by state subjects and its citizens, but does not assume the functions of relevant departments. For example, failure to fulfill contractual obligations for the heat supply of an apartment building by a boiler house should be resolved primarily with its manager. If the dispute cannot be resolved or, as most often happens, you have not received any response, then you need to file a complaint with the prosecutor’s office against the management company. More on this below.
Procedure for contacting the prosecutor's office
You can contact the department in two ways:
- Traditional written submission of an appeal
- Submit a complaint to the prosecutor's office online
The request may take the form:
- Complaint: a request for restoration or protection of violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons;
- Proposal: recommendations for improving laws and regulations, the activities of government bodies, improving the activities of the state, etc.;
- Application: a request for assistance in the implementation of constitutional rights and freedoms, or a report of violations of laws, shortcomings in the work of government agencies, local governments and officials, or criticism of their activities;
- Petition: the applicant for recognition in cases established by the legislation of the Russian Federation of a certain status, rights, freedoms;
- Collective appeal: an appeal by two or more persons or an appeal adopted at a rally or meeting and signed by the organizers or participants of the rally or meeting.
To the local administration
In all regions of the country there are departments, offices and departments whose competence includes responsibilities for the protection of the environment, water resources, wildlife and ecology. These institutions are responsible for carrying out activities aimed at identifying individuals. and legal persons who do not comply with environmental legislation and are involved in environmental pollution.
Application methods:
- Personal visit to the city, district administration or local executive authority, which is authorized to consider such applications. For example, residents of the capital can contact the Moscow Department of Natural Resources and Environmental Protection. Address: 119991, Moscow GSP-1. Tel. 8 (495) 690-58-48. Email
- Call the hotline number. For Moscow residents: 8.
- Through the electronic reception of the administration website. For residents of the capital: eco.mos.ru/reception.
In addition, a written complaint can be sent by mail to the local administration or territorial branch of the authorized agency.
A written application is drawn up in compliance with the same requirements as complaints to Rosprirodnadzor. To confirm the facts reflected in the complaint, it is advisable to attach documents and other materials that can serve as evidence based on the fact of the appeal.
How to write a statement to the prosecutor's office
You can give your appeal an appropriate title (complaint, proposal, statement), but you don’t have to. The law does not oblige you to do this. The people there are not stupid, they will figure it out.
The upper right part of the application must contain the following information, without which it will not be accepted for consideration:
- either the name of the body to which the document is addressed, or the full name of the official, or his position - indicate at least one of the above of your choice;
- your last name, first name, patronymic (if any);
- postal address where you need to send a response or notification of forwarding the application;
- the essence of your complaint or suggestion;
- your personal signature;
- date of.
You have the right to prepare a letter either in writing by hand or printed on a printer. It makes more sense to submit it in two copies: one is registered and accepted for work, the second is marked with the registration number, date, position and full name of the employee who accepted it.
You should not attach an emotional connotation to the description of your problem. Write dryly and concisely to the essence of the issue. Indicate how you believe your rights, the rights of third parties, or laws or regulations are being violated. If you are sure and know which legal norms have been violated, indicate the number of articles, parts and paragraphs. If in doubt, you can limit yourself to the wording: “I ask you to carry out a prosecutorial check and give a legal assessment of the actions..., if an offense is detected, take prosecutorial response measures...”
In any case, the decision on the presence or absence of an offense or violation of specific legislative norms will be made by a competent employee.
To Rostechnadzor
The department is engaged in conducting chemical research and collecting information about the facts of air pollution and the environment in general, as well as solving environmental problems.
Applications from citizens are accepted during a personal visit to the territorial administration or the Central office of Rostechnadzor at the address: 105066, Moscow, st. A. Lukyanova, 4, building 1. Tel.: 8 (495) 645-94-82. Email
A written complaint to the department can be sent by mail. The document does not have strict rules for filling out. It is necessary to describe in detail the reasons for the application and the circumstances of the commission of illegal actions.
Application to the prosecutor's office - sample
Thus, the complaint can be divided into:
- statement header
- main part: the essence of your complaint or suggestion
- a specific request regarding how you see the solution to the problem presented: bringing the offender to justice, stopping the offense, returning the organization’s activities to the legal channel, recognition of the status or right, etc.
As a guide, I’ll give an example: an appeal to the prosecutor’s office, a sample of a real statement:
Consideration of citizens' appeals to the prosecutor's office
Any applications submitted properly will be considered. Based on the results of the preliminary review, one of the following decisions may be made:
- hired;
- left unsatisfied;
- transferred to lower prosecutors;
- sent to other authorities;
- consideration is terminated;
- attached to a previously registered application;
- returned to the applicant.
A registered application is resolved within 30 days. If the application does not require additional study and verification, then within 15 days. If the complaint requires additional verification, the period may be extended, but not more than 30 days. You will be notified of this in a separate notification.
If the text of the application is not readable, no response will be given. If your name and address can be read, you will be notified within 7 days of registration.
Appeals in which there is not enough information sufficient to resolve the issue, or the employee cannot understand the essence of the request, are also returned within 7 days with an offer to fill in the missing data.
Results of consideration
Upon review, several decisions may be made.
- The complaint may be upheld. The claim is taken into account. After this, measures must be taken to resolve the conflict.
- The application may be rejected. This is provided if the complaint is found to be unfounded.
- The Prosecutor General's Office can provide clarifications regarding the complaint. A solution is possible if the application does not contain requirements. The citizen will be given legal explanations.
- The request may be redirected. A 5-day period is allotted for this. The complaint is transferred to another organization.
If the document was rejected, you need to check whether any errors were made.
What can be dangerous about contacting the prosecutor's office?
It should be remembered that any false appeal is a punishable offense. For false denunciation, the Criminal Code provides for liability under Article 306. However, in practice, this type of liability more often arises during the initiation of criminal cases or refusals to initiate them. This topic is not the subject of this article, since the form of appeal to the prosecutor’s office considered here is aimed at resolving issues largely outside the scope of criminal procedural relations.
However, I note that you can contact the prosecutor's office with a request to initiate a criminal case, but this procedure requires drawing up a protocol, personal presence and identification of the applicant. If, during the process of filing an application to initiate a criminal case, you provide an employee with knowingly false information and all four elements of a crime are discovered, including false information about a specific person and a specific crime, then in this case you may actually be held accountable under Article 306 of the Criminal Code .
Also for reasons of severe liability for such crimes, you should never distort facts, invent or embellish events. The statement must describe the problematic situation in line with the events that actually occurred. It is advisable to support your position with copies of documents, photographs or video materials.
Reasons for rejecting the complaint
The authorized body may refuse to consider an application in several situations.
A negative answer is accepted in the following cases:
- documents are sent again;
- the paper contains insults or obscene language;
- there is no logical structure, complaints are an incoherent stream of thoughts;
- the document is written in handwriting that is difficult to read;
- There is no information about yourself.
All events have a statute of limitations. Therefore, there is no need to delay. If the application period has ended, this may also be a reason for refusal to consider documents.
Application to the prosecutor's office against the management company
In most cases, before contacting law enforcement agencies, it is necessary to send a complaint to the management company (MC) itself. To do this, it is enough to prepare two copies of the letter and register them with the secretary. One copy with acceptance marks must remain in your hands. If your requirements are met at this stage, you will save your time. If the answer does not satisfy you or you do not receive it at all, then you should contact Rospotrebnadzor, the Housing Inspectorate and the prosecutor's office, depending on the specifics of the issues being considered.
In some situations, you should not waste time and complain directly to the prosecutor's office. It is appropriate to draw the department’s attention to checking such circumstances as, for example, facts of misuse of funds or violations in the calculation of payments.
A complaint to the prosecutor's office against the management company is drawn up in the same manner as given above in this article. In addition, here you must describe what services were not provided or were provided incompletely, what violations were committed, and provide the response of the Criminal Code to your claim. If possible, provide a link to the provisions of the Housing Code or Federal laws that were violated.
In the final part, indicate your requirements regarding prosecutorial response measures and expected decisions.
The activities of many management companies are teeming with a large number of all kinds of violations, so the conditions of maintenance of our houses leave much to be desired and it is in our hands to make living more comfortable and safe.
Providing an answer
When the facts have been verified, the prosecutor will file a response. The paper will contain the results of the proceedings. When the request was made online, the response may be provided by mail on paper or electronically.
The paper will necessarily contain the following information:
- answers to the applicant's questions;
- the results of the inspection and their explanations;
- if a prosecutor's proposal has been made, the person is informed about where and in what time frame he will be able to familiarize himself with the results.
The application may be rejected. In this situation, the reasons that became the reason for making such a decision must be indicated. If additional information is required to review complaints, the complainant must be told how to submit a second complaint. The prosecutor's verdict can be appealed.
Video
To do this, an application is sent to management or a higher authority. The application can also be submitted online. The application must be supplemented with a complaint and the response received. It is important that the appeal is reasoned. It is worth supplementing it with other facts if they are identified. This will reduce the risk of your application being rejected.
How not to get unsubscribed
I do not exclude the possibility that your first letters to the prosecutor will end in receiving a formal response. This occurs due to a lack of understanding of the jurisdiction in considering those issues that are sent to this structure. Over time, you will become clearer in which cases a direct appeal to the prosecutor is more effective, and in which cases preliminary correspondence with third-party organizations is required. That is why here I have tried to outline in detail how to correctly file an appeal to the prosecutor’s office, a sample of which is given above.
I wish you good luck and perseverance in defending your interests!
How to file a complaint
There are several options:
- by registered mail with notification and a list of attachments;
- in person at the reception;
- through the appeal box at the prosecutor's office;
- through the Internet.
All of these methods of treatment are equivalent and have no advantage over each other. The review period for an appeal is one month, regardless of how it was submitted. The easiest way to apply is via the Internet: compose an application on your computer and attach it to the form on the website. You don't even need an electronic digital signature to send.
A complaint can be filed simultaneously with the district and city prosecutor's offices. Some lawyers do this. There is a reason for this, but it is small: the city prosecutor’s office does not perform this task itself, but delegates it to lower ones. It turns out that in the production of the latter there are two identical issues. The district prosecutor's office, in turn, sends a request for clarification to the organization or official, and carries out other activities. One way or another, the defendant will have to unsubscribe and explain for a long time.
