How to write a complaint to the prosecutor’s office: sample, writing procedure, nature of the complaint, filing and time limits for consideration

In the event of a violation of his rights, any Russian citizen can file a corresponding application with the prosecutor's office. Such an appeal must be properly executed, otherwise it may not be accepted. This article will describe in detail how to write a complaint to the prosecutor's office of the Russian Federation in 2019, so that the document is accurately considered and the perpetrators are punished. Errors in the preparation of this legal document can lead to the fact that the result of the case will be absent, and sometimes this provokes the prosecution of the person who has applied for the protection of rights.

When can I file a complaint?

Each person may experience a situation that is associated with a violation of the law by government officials or a legal entity, as well as corruption or inaction. That is why it is necessary to know how to correctly write a complaint to the prosecutor's office (the sample and the rules for which are given in this article). Correctly and correctly compiled complaint will be immediately accepted for consideration, which will take much less time. And, despite the fact that the responsibility of the employees of this instance is to make an answer to all the appeals received, the correct form of its content will help to more efficiently and quickly solve the problem a citizen has.

You can file a complaint in case of refusal to consider a previously filed application with the Ministry of Internal Affairs or in the absence of certain actions on the part of this state structure. It must be understood that there is some difference between the application and the complaint. A complaint is the request of an individual to restore and protect his rights, and the statement acts as a request to help him in a certain situation to realize his rights.

What information should the complaint contain?

If a person needs a detailed response from the prosecutor’s office to his appeal, rather than a simple response, then before writing a complaint to the prosecutor’s office (a sample is presented below), it is recommended that you consider what will be stated in the letter. Be sure to indicate all available evidence of violations of legal rights. This is the essence of the complaint to the prosecutor. References to laws in the RF Codes will never be redundant. Such an appeal will be considered as soon as possible.

Grounds for filing a complaint with the prosecutor

According to the Federal Law No. 2202-1 “On the Prosecutor's Office”, this law enforcement agency must control that the authorities, various state and commercial institutions comply with the rules of legality of their activities. That is why in the event of a situation in which the rights of a person and a citizen are violated, this structure should be contacted.

Often there are appeals of people to the prosecutor’s office on the actions or inaction of officials, police officers and other officials, on employers. The most common reasons for applying to the prosecutor are:

• non-payment or delay in wages;
• an unlawful refusal of a state body to provide a citizen with certain services or to issue documents (for example, a refusal to agree on a redevelopment of a dwelling or other real estate without legal grounds for this);
• failure to fulfill direct duties by the bailiffs, investigators, etc., or the excess by the aforementioned persons of their powers within the framework of the duties performed;
• violation of the rights of detainees or prisoners;
• violation of mandatory rules and standards for the provision of certain housing and communal services by management companies.

If a citizen decided to complain to the prosecutor’s office, it is necessary to know that since 2011 this state organization has not had an independent investigative apparatus, that is, such a structure does not investigate criminal cases. An application for committing violations in the field of criminal law must be submitted to other instances that have the right to criminal prosecution: the Investigative Committee, the police, the FSB, etc.

Complaint against a bailiff

Often, prosecutors file complaints against police officers who violate people's rights. It is possible to write a complaint to the prosecutor on bailiffs in the following cases:

1. Actions by which financial resources were received for the needs of performers.
2. If it is suspected that the bailiff received a bribe from the defendant or another person.
3. Groundless inaction of bailiffs.
4. Rude behavior of a bailiff with a debtor.

For police officers

Police misconduct or inaction often causes complaints to the prosecutor. If, for example, the Ministry of Internal Affairs did not accept the citizen’s statement about the commission of certain unlawful actions against him, then a complaint about the refusal to initiate an administrative or criminal case is a reason to affect the police without the participation of the court.

An application can be submitted to a specific employee or to the head of the police station. If the prosecutor’s refusal to consider the filed complaint, a citizen can protect the violated rights through the court.

Rules for compiling an appeal

In order to correctly write a complaint to the prosecutor, a sample is usually not needed. There is no clear procedure for writing an application, however, compliance with some recommendations will significantly reduce the time for consideration of the document. For a detailed study of the claim, a copy of it must be sent to a higher authority.

The complaint to the prosecutor must contain three parts: introductory, descriptive and final. The introductory part contains the following information:

1. The name of the state structure and the full name of the prosecutor, if the application is sent to a specific employee (you can also indicate the class prosecutor's office). Such information is displayed in the header of the document, in the upper right corner of the sheet.
2. Personal data of the person who submits the application (full name, contact phone number, address of residence).

The descriptive part of the document

The descriptive part of the document includes a detailed statement of the basis of the appeal to the prosecutor. It is recommended to start with the words “I ask you to conduct a prosecutor’s audit and protect my interests and rights in view of the following circumstances”. Further, it is necessary to describe in detail the situation as a result of which the rights were violated. The document must be compiled concisely, in the style of business correspondence, without threats and obscene expressions. Consideration of voluminous applications with many colorful descriptions and artistic turns in most cases is postponed to the last place.

Be sure to indicate the following facts:

• date and place of the event;
• information about the person who is the culprit of this offense;
• measures taken to eliminate the incident.

The document should indicate real violations of rights with evidence, not assumptions and thoughts. It is also necessary to provide accurate information about the offender (position, F. I. O.). In the appeal, the applicant may indicate the desired measure of punishment, however, it must be real and adequate.

In the final part of the document, it is recommended to indicate a reference to legislative acts that regulate violated human rights. For example, if you write a complaint to the prosecutor’s office against the bailiff as an official, then you can refer to Federal Law No. 229.

At the end of the document, the applicant must sign and decrypt his signature, indicate the date of filing the complaint. If there are documents that are attached to the application, an indication of their list is done after the signature of the applicant. At the same time, an indication of the full list of such documentation, the name of each document, the number of sheets and their total number are mandatory. Above, we examined how to properly write a complaint to the prosecutor. A sample complaint is presented in the photo.

Ways to file a complaint

An application to the prosecutor’s office can be submitted not only during a direct visit to the prosecutor’s office, but can also be sent by registered mail with a receipt of notification of delivery to the addressee. The government agency has a special mailbox to collect such requests. Today, you can write a complaint to the prosecutor’s office electronically, via the Internet. This is done through the website of the prosecutor's office of the necessary unit. It should be noted that in order to write a complaint to the Moscow prosecutor’s office, you can use the website of the Moscow prosecutor’s office.

In order to submit documents via the Internet, it is necessary to comply with the same requirements that are presented when submitting in writing, namely, specify all information data, attach evidence and other documents.

Terms of consideration

If before writing a complaint to the prosecutor’s office, the sample application was studied and the complaint was drawn up correctly, then a preliminary review of the application is carried out within a week. After this, the applicant should be sent a notice on whether his complaint to the prosecutor's office will be accepted for consideration or not. It is also possible to return the document for revision. Full consideration of complaints may take a period of 1 month.

Collective complaint

A collective appeal to the prosecutor’s office is one of the forms of applications to this government agency. The main difference between such a document and the usual one is displayed in the title - several persons submit a complaint at once. Moreover, it does not matter how many people fill out the application. The number of applicants is sometimes so great that on the basis of violation of their rights they can organize whole movements, which is quite effective in practice.

When wondering how to write a collective complaint to the prosecutor's office, it should be noted that the sample of a collective complaint has several differences from the standard. The fact is that a simple complaint to the prosecutor's office is based on the fact that there is only one applicant who defends his interests, his point of view. In a collective complaint, it is necessary not only to indicate all the victims, but to combine into one the requirements of each of them. Collectively writing a complaint to the prosecutor’s office in electronic form is possible in the same way as when submitting a personal application.

Benefits of a collective complaint

This type of complaint to the prosecutor's office has many positive features that stand out from the rest of the appeals. An application to the prosecutor’s office, which is filed simultaneously by several citizens, has the following advantages:

1. Considered more carefully. Since the verification of a violation of legal rights concerns immediately a large number of victims, prosecutors will have to check several offenses at once, which are common in advance. In general, such a connection greatly facilitates the work.
2. Collective complaints are rarely ignored. If isolated cases of appeals can still be ignored, then simply failing to lose or reject a collective complaint. In practice, the return to citizens of a collective complaint is an extremely rare case and is observed only when there are certain errors in the paperwork.
3. A much more often positive result. This is mainly due to the fact that it is more difficult to defend against several applicants because they have evidence prepared in advance.

Applying to the prosecutor’s office is the most common and affordable way to protect violated rights without judicial intervention. This structure controls the fulfillment of obligations and the observance of the legality of all elements of society. Any Russian citizen or group of citizens has the right to contact her. The article describes in detail how to properly write a complaint to the prosecutor. A sample complaint was provided for clarity.