Law enforcement officials face law enforcement daily. However, there are situations when police officers exceed their authority or violate the rights and interests of citizens in connection with their own benefit. A complaint against a police officer is a way to restore rights and interests. Every citizen has the right to take the opportunity to appeal the actions of authorized persons. Complaints about unlawful actions by police officers are made in writing. Let's consider in more detail all the nuances.
Complaint against the actions of employees of the Ministry of Internal Affairs: hierarchy
If an employee has violated the law, information about the offender should be established. To do this, you must ask to demonstrate the official identity card and remember the name, surname and patronymic of the authorized person, as well as his rank and department to which the employee is attached.
You can appeal against an employee’s actions as follows:
- By communicating information to his management.
- Filing an application to the prosecutor.
- Judicial appeal.
The prosecutor's office is the body that oversees the employees of the Ministry of Internal Affairs and has leverage over them. However, the registration of a complaint with the prosecutor’s office will be the basis for conducting an audit against the employee of the Ministry of Internal Affairs, therefore, to facilitate the process, you can submit an application to the head of the police department. If measures are not taken to restore the rights of a citizen, you should contact the prosecutor. The head of the department of the Ministry of Internal Affairs must give a written response, which should be attached to the appeal to the prosecutor’s office. If the complaint is filed electronically, an answer can be obtained on the official website of the Ministry of Internal Affairs.
Another instance of consideration of an application for violation of rights is a court. Filing a claim is accompanied by payment of a state fee. In the case of simultaneous filing of an application with the prosecutor's office and the court, the application will be considered in the court.
Minor violations - to the police station
If the violation is insignificant, and there is no time for a serious appeal against the actions of the internal affairs officer, you can apply directly to the higher officer in the police department building. Allegations of violation are permitted verbally and in writing.
It should be remembered! The oral appeal does not bear any guarantees of correcting the behavior of the authorized person, therefore it is better to fix the claim in text.
A formal complaint in writing is made out as follows:
- in the upper corner indicates to whom the appeal is sent;
- information about the applicant with contact details is fixed in the same place;
- in the middle of the sheet is a violation;
- Further, the requirement to restore rights and legitimate interests should be indicated;
- The document is dated and signed by the applicant.
The text of the complaint is studied by the management, after which a response is sent to the applicant.
Reasons for dissatisfaction
The main causes of conflict between citizens and law enforcement agencies are:
- inaction in emergency situations;
- actions contrary to law;
- employee corruption behavior;
- other illegal acts.
To accurately determine the competence of a police officer, you must familiarize yourself with the Federal Law of the Russian Federation "On Police". If the representative of the law does not fulfill his duties, the preparation of the complaint must be accompanied by a reference to the article of the above law, which is not respected.
Inaction Complaint
Complaints about the inaction of police officers are the most common type of complaints from citizens. For example, if a neighbor makes a noise after 23 hours 00 minutes, and the police officer does not take measures, this is a failure to perform official duties. In addition, employee inaction entails disciplinary action. Therefore, it is necessary to notify the police leadership about the situation.
Inaction is an element of corpus delicti, therefore, even for a slight deviation from official duties, which caused harm to a person or property, a check can be carried out against the police officer, the result of which is a decision to institute criminal proceedings, or to refuse to do so. It is not possible to prosecute an employee through filing a complaint. For this, a statement should be drawn up indicating the damage caused.
Application Form
The complaint submitted to the prosecutor's office must contain accurate information with reference to the violated norm. This is necessary because the prosecutor's office may refuse to consider a complaint for the lack of a violation. It is difficult to find a sample complaint about police officers to the prosecutor's office, because the text is in free form. But you should adhere to a rough plan.
How to write a complaint about a police officer:
- The document heading includes the official name of the authority and information about the person to whom the complaint is being addressed.
- Information about the applicant (name, phone, address);
- Next, in the center of the document, the name of the drawn-up appeal is written (application, complaint).
- The text (the main part) must contain accurate blocks of information on the fact of the committed act. Emotional text is best excluded. The fact of the offense must be fully described: the place, time, date of the commission, as well as information about the official.
- The requirement to resolve the problem.
- Applicant Date and Signature
- Application of evidence to which the applicant refers in the main part (copies of documents, audio or video recordings).
The complaint can be submitted to the prosecutor by mail and in person. A visit to the prosecutor’s office will help to tell in detail about what happened, so citizens generally adhere to this method of contacting the supervisor.
Expedited appeal
An effective way to speed up the resolution of the issue is to submit an application to a higher police leadership and to the prosecutor's office. For this, another body (name, official, address) must be entered in the header of the application. Copies of applications should be provided to the reception rooms of the Ministry of Internal Affairs and the prosecutor's office. A sample complaint against a police officer is compiled independently at both instances.
In addition, you can expedite the review process through a personal visit. Registration of the complaint is made on the same day. If the package of documents is sent by mail, the registration date will be shifted for an indefinite period, since this depends on the operation of the postal service.
Another way to file a complaint is through an electronic resource. The official website of the law enforcement body accepts complaints, registering them automatically on the day of filing. In addition, the answer can not be expected by mail. An electronic notification notifies the end of the consideration of the complaint and instantly sends a response to the email address specified when registering the person on the resource.
Extorting money
Law enforcement officials often hint at the payment of unreasonable fees, and therefore this behavior may become the basis for filing a complaint with the prosecutor. In addition, such behavior may entail not only disciplinary action, but also an audit of the employee. If the supervisor determines that there is a crime in the actions of the employee, the material is transferred to the Investigative Committee and a criminal case is opened.
Violation of law and order by the police using financial means is a very serious offense for which criminal liability is imposed. A citizen must know his rights and must appeal against illegal actions of a police officer. For this, a complaint was created against police officers to the prosecutor's office.
Threats from police officers
The police officer’s recognition that he may be subject to criminal prosecution raises threats against the applicant. This should not be feared, since the threats are unfounded. In case of receiving threatening messages, you should also contact the prosecutor's office with supporting material and consult on further actions. It is necessary to prepare evidence supporting the threats, because groundless statements are not considered by the prosecutor's office.
Prosecutor's Office of the Russian Federation
A sample complaint about the actions of police officers can be obtained from the prosecutor's office through a personal visit. The assistant prosecutor will be able to clarify the rights and help with the proper preparation of the document.
When choosing a prosecutor’s office, it should be established which employee of the unit exceeded authority. For example, a city police officer is supervised by the city prosecutor’s office, and a transport police officer is supervised by the transport prosecutor’s office.
Since prosecutors have an idea about the authorized officers of the supervised police unit, the complaint will be considered within the time period established by law. In addition, you can count on a quality audit of the complaint, as prosecutors daily meet with violations and have an idea about all the employees of the supervised units.
Terms of consideration of a complaint by the prosecutor
A complaint filed in person shall be examined by the prosecutor's office within three days. This period may be extended in connection with the conduct of examinations or other actions delaying the process. In addition, if the offender took sick leave or went on vacation, the consideration of the complaint will be delayed. The maximum renewal period is 1 month.
When applying for an extension of the consideration of a complaint, the applicant must be notified. If the complaint is submitted by mail, the date of consideration of the application will be set upon receipt of the letter.
Notification of the applicant by the prosecutor's office
The applicant can be notified of a complaint in a variety of ways:
- in telephone mode (if the telephone number is indicated when filling out the complaint text);
- by e-mail (if an e-mail address is specified when filing a complaint);
- notification letter.
The most common way to send notifications is via email. The prosecutor's office uses letters of notification to accurately confirm the terms of consideration and sending responses.
Complaints that do not have a return address are not considered by the prosecutor's office in accordance with Federal Law No. 59 "On the consideration of citizens’ communications ", as well as the order of the Prosecutor General No. 45" On approval of the Instructions for the reception and consideration of citizens ’applications."