How to use a sample complaint against a bailiff to the prosecutor? On what grounds is it served? Is the prosecutor's office the only response agency? What requirements are set for her by law? Are there any features when applying?
Normative regulation
In the sample complaint against the bailiff, the prosecutor's office makes reference to the relevant law, which extends prosecutorial supervision to all authorities. The audit of activities is carried out in a planned manner and based on complaints from citizens and organizations.
Along with this, you should be aware that the prosecutor does not replace other authorities competent to make certain decisions. This applies primarily to higher bailiffs and the court. The sample complaint against the bailiff to the prosecutor's office indicates that it is filed if there were previously complaints to the bailiff service on the instance, but no result.
Another law governing complaints handling is the “Law on Citizens' Appeals,” which contains general requirements for applications. The prosecutor’s office also has an order detailing the process of making complaints and making decisions on them.
Complaint scheme
The complaint consists of the following items:
- name of the prosecutor's office (you can specify the name of the head);
- information about the applicant (name, place of residence);
- the situation in which the applicant finds himself;
- what violations were made by the bailiff in his opinion;
- request to the prosecutor;
- list of attached documents or their copies;
- filing date and signature.
Thus, special requirements are not provided, everything is done in a general manner.
Samples of complaints to the prosecutor's office against the bailiff are developed for a variety of situations. As a rule, citizens turn to prosecutors already during a period of prolonged inaction or violation of the rights and interests of applicants. Therefore, it is advisable to attach evidence of complaints earlier to the complaint. Enough copies with marks of acceptance by the bailiffs service.
What should be considered?
The text should state the facts proving that the bailiff actually committed a violation. It is undesirable to spend time describing your own emotions. The more facts and links to documents, the better. All allegations contained in the complaint against the bailiffs to the prosecutor's office must be confirmed either by documents or by the norms of the law.
What can not be done?
You must not allow yourself offensive expressions, threats. Applications that are anonymous are not accepted.
The law on repeated appeals states that repeated applications are not considered if substantive answers have already been given to similar complaints. However, it is not forbidden to conduct a new check in identifying new circumstances that were previously unknown. Therefore, having received a negative answer, we must complain to a higher authority, and not write to the same prosecutor's office.
Where does the complaint go?
Where to write a complaint to the prosecutor? In the sample, either the district or city prosecutor's office is called as the addressee (if the city is small and has the status of a municipality). The next stage of appeal is the prosecutor's office of the subjects (region, territory of the republic, etc.).
There are several options for submitting an application:
- using mail with a notification and a list of attachments;
- the paper is handed in personally at the reception and on the copy remaining with the recipient, a note is made on the date of adoption and the signature of the official;
- complaints and statements are dumped in a box from which they are then removed and registered with the prosecutor's office;
- through the electronic reception on the organization’s website.
The latter option is convenient in that there is no need to visit mail or go to an appointment. Nevertheless, there are restrictions on the volume of the complaint and attached copies of documents.
Another option
The law regulating enforcement proceedings provides for two ways of appeal: the bailiff service and the court. If the papers are sued, the prosecutor stops the check. Priority is not a decision of the prosecutor, but a judicial act.