Where to complain about the local police officer in 2021? How to file a complaint?

A local police officer is a police officer of the Russian Federation who carries out his activities in a specific territory. The purpose of a district police officer’s work is to help people living in a particular house to prevent violations of their rights and freedoms.

This official has many powers: combating hooliganism, vandalism, fights; resolving issues related to violation of peace and quiet; assistance to families experiencing domestic conflicts; solving crimes of minor and medium gravity, and much more. However, this official does not always respond to people's problems.

What to do if your local police officer does not want to accept the application or does not react to it at all? Where can I complain about a local police officer in 2021 so that he can begin to fulfill his direct duties?

What responsibilities does a district police officer have?

Before complaining about an authorized police officer, you need to find out what duties he has. So, the list of direct responsibilities of the district police officer includes:

maintaining public order in the territory under his control;
identification of offenses and crimes in the area entrusted to him;
keeping records of persons (previously convicted of various crimes) who live in the territory under the control of the district police officer;
receiving applications from residents of houses, conducting verification of crimes committed;
conducting preventive conversations with teenage hooligans and people leading an immoral lifestyle;
resolving issues related to the noise of neighbors, the sale of alcohol and drugs on the territory entrusted to him, drinking alcohol near entrances or on playgrounds;
resolving issues related to illegal cutting of green spaces in the controlled territory, etc.

In what cases can you complain about a local police officer?

There can be many reasons for contacting a higher authority with a district police officer, for example:

the district police officer does not react in any way to the statement of a person living in the territory under his control;
The district police officer performs his duties improperly, for example, he covers for neighbors who produce alcohol at home;
rudeness, threats, humiliation or use of physical force by the district police officer;
The district police officer broke the law, for example, he entered his apartment without the consent of the owner, breaking the lock.

Sample

Sample complaint against a district police officer.doc

Filing a complaint to the prosecutor's office

Appealing to higher authorities does not always give the desired result. Sometimes inaction can be found not only on the part of the district police officer, but also on his immediate superior. In this case, you need to contact other bodies whose responsibilities include monitoring the performance of official duties by employees of certain departments. Such a body is the prosecutor's office, which carries out the necessary checks upon citizens' appeals. You need to contact the prosecutor's office of the same district where the police station is located.

Now let's talk about the timing of consideration of applications. If the application was filed on the basis of dishonest performance of duties during the investigation of a criminal case, then a response to the application must be given no later than 3 days after its filing. It is allowed to increase the time frame for considering a complaint to the prosecutor's office. This is possible if there is a need to request certain documents. In this case, the period for consideration and sending the response to the applicant should be no more than 10 days.

All other complaints are considered according to a certain algorithm, which is prescribed in Federal Law No. 59 of 2013. The fundamental factor that contributes to resolving the issue in favor of the applicant is the preparation and submission of an application.

There are certain requirements for applying for a district police officer, but there is no universal form to fill out. In order for an application to be verified, it is enough to provide all the necessary information, maintain a business style of writing and not use phrases that insult the persons referred to in the application.

The statement itself can be divided into three parts:

A cap;
Main part;
Conclusion.

The header indicates the full name of the prosecutor's office, personal and contact information, as well as the full name of the prosecutor's office employee to whom you entrust the inspection. The main part should contain a full description of the reasons for contacting the police, what was done by the local police officer upon the complaint, and why you do not agree with what measures were taken by the police officers. The final part contains the date of the complaint and the signature of the applicant. Also, do not forget that the application must contain a list of attached documents. As documents, an official response from the district police officer or other police officers, certificates and evidence confirming the commission of a crime are attached to the main application.

The complaint to the prosecutor's office is considered within a 30-day period. This period is correct in cases where the prosecutor needs to involve third-party organizations and request additional documents. In all other cases, the applicant must be informed of the results of the inspection no later than 15 days from the date of application.

The response received from the prosecutor's office must be justified from the point of view of legislation and have links to official documents. If the requirements set forth by the applicant were not satisfied, then there must also be a legal justification for this, and the response must contain a procedure for appealing the decision received.

Appeal to judicial authorities

If appeals to the boss and the prosecutor's office did not give the desired result, then you can try to restore justice in court. This possibility is enshrined at the legislative level. According to Article No. 22 of the Code of Administrative Proceedings, it is possible to attract police officers who perform their duties in bad faith.

Also, do not forget that, according to Articles 52 and 53 of the Constitution of the Russian Federation, citizens have the right to receive compensation if a person is faced with arbitrariness of power and has suffered certain losses or suffered harm to his health. This possibility is also confirmed by the civil code, according to Article 1069 of which, when damage is caused to a citizen of the Russian Federation by an official, the injured party must be paid compensation from budget funds, and the culprit is obliged to compensate for all damage and return the funds paid to the victim from the state treasury.

Separately, it is worth mentioning the issue regarding the procedure for considering the case. It is carried out in civil proceedings. You must contact the court located on the territory of the police station to which the local police officer is assigned. If the decision is made in favor of the applicant, then he will be entitled to a payment, which is made in accordance with the procedure approved in Part 1 of Article No. 24 of the Budget Code of the Russian Federation.

The procedure for conducting the trial is quite simple. Within 5 days from the date of application, the judge is obliged to consider the application, prepare all the necessary documents and hold a court hearing at which the complaint is considered. After reviewing all attached documents, an appropriate decision is made. If it does not satisfy the plaintiff and violates his rights, then a complaint can be filed against the judge.

Appeal to the Commissioner for Human Rights

You should contact the Ombudsman if none of the methods described above gave the desired result. The responsibilities of the Human Rights Ombudsman include re-examining the complaint, which is carried out in the presence of the relevant structures. You can contact the Commissioner within a year from the moment the applicant’s rights were violated.

Complaint against a local police officer for inaction: nuances of writing

When writing a complaint it is important:

indicate reliable information about who is writing the application;
In the text of the complaint, obscene statements and swearing are unacceptable;
the text of the statement must be correctly composed, it should not contain lyrics or a long introduction. It is important to remember and describe all the facts that happened;
It is advisable to support the document with evidence - photographs of the event that occurred, video evidence, etc.

The period for consideration of a written complaint submitted to the district police officer is 30 days . If the responsibilities of the district police officer do not include this or that issue, then he must redirect the application to the subordinate department within 7 days.

Refusal to consider the complaint

Sometimes it happens. When can a citizen be refused consideration of his complaint against a local police officer?

In case of regular submission on the same issue.
If the issue has already been resolved and the case is closed.
In case of inadequate description of the essence. The text contains swear words or threats towards the district police officer.
If the text is written illegibly.
In the case when the essence of the appeal is not clear.

The last two points are easy to fix. Just rewrite the complaint and submit it again.

How to file a complaint against a local police officer?

You can do this in several ways:

File an oral complaint addressed to the head of the district police department. Important! When filing a complaint, you must provide evidence of the illegality of the district police officer’s actions. For example, you can record a conversation with a district police officer on a voice recorder, bring documents where it will be established that the district police officer is neglecting his duties and exceeding his authority.
In writing - write a complaint and send it to the appropriate department, to the prosecutor's office by registered mail with notification. You can also bring a written complaint in person to the reception/office/duty department, and make a copy of the registered statement so that it is proof that the person filed a complaint.
Send a complaint through the Internet reception of the authority where the person is writing the application (the Internet reception of the prosecutor's office of a specific district and city).

What to do if the local police officer does not respond to complaints?

If your local police officer does not take any action to calm down the raging neighbors, stop the illegal sale of alcohol in the local area, etc., then every citizen of the Russian Federation has the right to call the hotline - 8-800-222-74-47 . This is the helpline of the Russian Ministry of Internal Affairs.

It is advisable to call here if a crime or any offense is being committed before your eyes, and the local police officer does not respond to your calls or is not there at all.

Application to court

If there is a bulletproof wall of indifference all around, write a statement to the court. In order to competently file a claim, it is better to involve a professional lawyer, for example, a lawyer from the SHERLOCK legal portal.

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A legal claim must meet its rules and requirements: words must be written correctly, without errors, corrections or abbreviations, all data specified in the claim must be true. Only applications written in Russian are accepted in court.

Applications must not contain profanity or offensive language directed at any party. Claims without full name and contact information (address and phone number) will not be considered.

The essence of the problem should be stated briefly, succinctly, and to the point. In order to correctly refer to a violation of any articles of the civil and/or criminal code, you will need to consult a legal advisor.

The law will be on your side if you filed a complaint and were able to prove the fact of neglect or violation of duties on the part of the district police officer.

If you have any questions, ask them directly on the site. A lawyer from the SHERLOCK legal portal will contact you for a free consultation as soon as possible.

Answers on questions

Question: Is it possible to file a complaint against a local police officer for entering an apartment without permission?
Answer: Yes, you can. He has no right to enter the apartment without the permission of the residents. If a person does not want to open the door for him, then that is his right. However, in the following situations, the district police officer cannot be held accountable for breaking into an apartment: if he knows that a crime is being prepared there or has already been committed; if there are injured people in the apartment who urgently need help.

Question: Where can I complain about a local police officer if he is called, but he does not show up?
Answer: You can complain about the inaction of a local police officer to the head of the local police department. The complaint can be either oral or written, but it must be supported by evidence that the local police officer was called.

Question: Where should I go if a local police officer threatens me with physical harm?
Answer: It is necessary to write a statement to the prosecutor's office to hold the police officer accountable for exceeding official powers.

Question: Can I write a statement of claim to the court against the local police officer if the police and prosecutor’s office refused to consider the application?
Answer: Yes, you can, if as a result of the actions or inactions of the local police officer, you suffered material or moral damage. In Art. 10 of the Federal Law “On the Prosecutor's Office of the Russian Federation” states that the decision made by the prosecutor does not prevent a person from going to court to protect his rights. Therefore, if you are confident that you are right and can provide the court with evidence of the district police officer’s guilt, then you can safely file a claim in court.

The law enforcement system in Russia is imperfect . Proof of this is the numerous complaints from citizens of the Russian Federation about the actions or inactions of local police officers.

If a peace officer does not respond to your call or written request, you can always complain about him to higher management, as well as to the prosecutor’s office and even the court if your rights were violated as a result of the inaction or unlawful actions of the district police officer.

Procedure for filing a complaint

A complaint against a district police officer is written in any form, although some rules must be taken into account when drawing up any documentation.

It will consist of a “header”, title, “body” of the statement and a date with a signature:

The header of the application must contain the name of the institution, the position of the manager, his full name. and contact details of the person submitting the application.
The title should contain the words “Complaint against a local police officer.”
The application must be stated clearly and contain information that is confirmed by copies of documents or verification. When drawing up a complaint, you can take as a basis a decree of the Ministry of Internal Affairs, which contains all the requirements that a district police officer must comply with while on duty. The application must list all unlawful actions of the district police officer that are subject to appeal. It is important to require higher authorities to conduct a job review and take administrative measures.
At the end of the document there is a date and signature of the person filing the complaint.

A correctly drafted complaint will reduce the time it takes for executive authorities to respond to the victim’s request. The attached documents and evidence will contribute to the outcome of the case in his favor.

Template for writing a complaint.

Department head

A victim who has encountered unlawful actions by a local police officer should first contact his immediate superior at the Ministry of Internal Affairs. It can be done:

At a personal reception, which is held in accordance with the approved schedule (it can be found at the police department or on the official website).
A citizen can also contact one of the heads of the Ministry of Internal Affairs at the address: st. Sadovskaya-Sukharevskaya, 11. Reception of Moscow residents is carried out daily from 10.00 to 13.00 and from 15.00 to 18.00 (on Tuesday - until 20.00) at the address: 2nd Kolobovsky lane, building 6, building 1. You can make an appointment for a specific date and time by calling 8 (495) 694-98-25 (from 10.00 to 13.00) or by submitting a corresponding application to the responsible employee.
In writing, by sending the document by Russian Post. The necessary information for sending correspondence to territorial divisions is located on the page xn--b1aew.xn--p1ai/contacts/sites.
By calling the hotline or the hotline of the Main Directorate of the Ministry of Internal Affairs of the region, where you can not only complain about an official, but also get advice on further actions to protect your rights.
Throw the written document into a special box, which is installed in every department of the Russian Ministry of Internal Affairs.

Important! In most cases, the problem can be resolved after contacting the head of the police department.

How to write

The law provides for a number of requirements for the preparation of documents that are submitted to higher authorities to appeal the actions of officials. If there are compelling reasons and irrefutable evidence of violations on the part of the authorized district police officer, the applicant can draw up a complaint in writing and submit it to the addressee in any way convenient for him.

You can read about the rules for drawing up official complaints in the article “How to write a complaint correctly”

Will anonymous requests be considered?

It is quite difficult to count on help and remain an anonymous applicant. Therefore, it is possible that such a complaint will be considered, but the applicant will definitely not know about the decision made. Senior management will definitely react, especially if it is a matter of corruption or a clear violation of official duties, but no one will be able to influence a specific situation.

Functions of a local police officer

In each district of the settlement there is a police department, which is assigned to an employee of the Ministry of Internal Affairs - a local police officer. The list of responsibilities of the district police officer mainly includes protecting the rights and interests of citizens living in the area assigned to him.

In other words, a citizen can contact a local police officer regarding any problem that interests him.

Read about what actions of a local police officer may lead to filing a claim against him in the next section.

Reasons for filing

Quite often, after submitting an application to the local police officer, a citizen receives nothing in response. Such inaction on the part of a law enforcement representative is considered a violation of the rights of citizens.

Inaction/illegal actions on the part of the district police officer in relation to citizens submitting an application are a manifestation of improper performance of their official duties.

In such situations, citizens are usually lost and do not know where to complain about a police officer. Others, on the contrary, have a negative experience when contacting the police with a claim to work for their employee.

Where can I complain?

If the actions of a local police officer contradict current legislation, you can file a complaint:

In the name of the initial duty department of the Ministry of Internal Affairs, in which the careless district police officer works;

Quite often the situation that has arisen can be resolved at this level. However, if the boss takes the side of his subordinate and refuses the complaint, you can contact one of the following authorities:

A complaint against a local police officer should be made to this authority if a citizen has evidence of moral or material damage caused by a law enforcement officer. When applying to a court, you must file a claim in the prescribed form.

A sample statement of claim for a district police officer can be downloaded below, you can get a sample to fill out from the lawyer whose services you decide to use, or you can get a form to fill out when you go to court directly.

If the district police officer’s guilt is proven, he will be brought to administrative or criminal liability.

You should contact this authority if you are faced with the inaction and unlawful actions of a local police officer. After filing the appeal, prosecutors will conduct an unscheduled inspection of the institution and its employees specified in the complaint and check the legality/illegality of the actions of the persons working there.

If the illegal actions described in the complaint are confirmed, the perpetrators will be brought to administrative responsibility.

The legislative framework

To complain about a district police officer, the applicant should be guided by the following legislative acts:

Federal Law "On the Prosecutor's Office of the Russian Federation" N 2202-1-F dated January 17, 1992. (as amended on July 29, 2017).
Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006.
Federal Law “On Police” No. 3-FZ dated 02/07/2011. (as amended on July 29, 2017).
Order of the Ministry of Internal Affairs of Russia “On approval of the Instructions on organizing the consideration of citizens’ appeals in the system of the Ministry of Internal Affairs of the Russian Federation” No. 707 dated September 12, 2013. (as amended by Order No. 770 dated December 1, 2016).
Civil Code of the Russian Federation dated January 26, 1996. N 14-FZ (as amended on March 28, 2017).