The media often mention that the level of citizens' trust in law enforcement agencies in Russia corresponds to a low indicator. Perhaps that is why victims of someone else’s criminal actions are not in a hurry to file a statement with the police, believing that there will definitely be no sense. At the same time, not all people are familiar with the order of influence with respect to negligent officials. We can discuss how to deal with police inaction in various circumstances, as well as where to complain about police inaction.
Incorrect behavior: Moscow police department
In the event that a person considers the actions of the police to be unlawful in relation to himself, then it is best to appeal them, as they say, in hot pursuit. The faster a person turns to the security department of the Main Directorate of the Ministry of Internal Affairs of Moscow, the faster his employees will be able to stop their unbelted colleagues.
To get into the field of view of the police - the situation itself is unpleasant. But if law enforcement officers also behave rudely in extorting money, or in some way exceed official powers, then communicating with them becomes a real nightmare. To protect individuals from such representatives of the police, there is a whole special structure called the Department of Internal Security (CSS).
What is the misconduct of a police officer? When he commits a serious offense: unlawful detention, personal search along with assault, drug or ammunition tossing, seizure of a passport, extortion of large sums, then the prosecutor’s office does not submit a complaint, but an application to initiate criminal proceedings on the grounds of abuse of authority (or arbitrariness or bribery extortion )
Such cases are currently handled by the prosecutor of a city or district, or his deputy. The relevant verification procedure in this case is strictly regulated by law. The offended employee will have a hard time. According to the conclusion of the Main Directorate of the Ministry of Internal Affairs, Moscow, he could be threatened with dismissal from the authorities or in general a criminal term.
Where to complain?
When answering the question: "Where to complain about police inaction?" it is necessary to proceed from the current situation. In addition to the CSS, you can file a claim for police actions with bodies such as the prosecutor's office and the court.
To the prosecutor's office
This government organization controls the police in absolutely everything. Prosecutors of districts or oblasts may request any materials or criminal case in order to verify the legality of the event. If a violation of the law is revealed in the process (its period of up to ten days), then the prosecutor gives an instruction to correct them immediately, introducing the head of the police department about holding the officer accountable. In this case, the applicant must be notified of all stages of the verification movement, after which a response to the decision is sent to him.
To court
We can say that he is the highest authority in the matter of appealing against any actions, or vice versa, police inaction. After filing an application for police inaction with a court, a complaint is examined within five days, and officials who made a decision or carried out an action appealed by a citizen are called to a meeting.
Based on the results of the review, the body may declare illegal any manipulation of a police official and obliges to eliminate the revealed violation. A court order is binding on everyone, including investigators or interrogators. It is worth noting that the court carries out such appeals in accordance with Article No. 125 of the Code of Criminal Procedure of the Russian Federation, which excludes the possibility of appealing against the actions of the police in those cases that are already being examined by the judge.
Features of the complaint
Regardless of which body the citizen decides to write a complaint to, the following should be taken into account:
- The claimant can be absolutely anyone whose rights have been violated. He may be the victim in the case, and, in addition, the legal representative, the accused, his relative and so on. In addition, a statement may be signed by a representative on the basis of a power of attorney in the interests of a particular citizen, whose personality is interconnected with events, and at the same time, a lawyer.
- The complaint can be written by hand or made in electronic form.
- The law does not provide for requirements for the design of the text. Along with this, the appeal must necessarily meet certain criteria of local legislative acts. So, for example, if you are preparing a complaint about the omission of police officers to the prosecutor's office, it is useful to find out about some of the rules enshrined in the instruction on the consideration of the appeal, which is approved by the Prosecutor General of Russia. According to this internal document, prosecutors have the right to leave without consideration a statement in which there is no return address, and, in addition, from the contents of which it is impossible to understand the meaning of what happened.
Article of the Criminal Code of the Russian Federation for police inaction
The article of the Criminal Code of the Russian Federation related to the official duties of the accused citizen, as well as to specific conflict situations, regulates responsibility for certain actions or inaction of the police. For example, prosecution due to negligence is regulated by article No. 293 of the Criminal Code and is considered as part of an unfair attitude to official obligations, which entails a significant violation of the rights of another person.
The inaction of the precinct
Turning to the local police officer, each citizen expects support with attention from a representative of this law enforcement agency. True, far from always finding her. In what situations can citizens complain? Quite often, it happens that after a district application is submitted, a person receives nothing in response. Such inaction by a representative of law enforcement agencies is considered a violation of civil rights.
Illegal actions on the part of such an employee in relation to civilians submitting an application are considered a manifestation of improper performance of their duties. In such situations, citizens are lost, usually not knowing where to complain about police inaction in this case. Others, on the contrary, gain negative experience as part of contacting the police with a complaint about an employee.
Before contacting these bodies, one should consult with a rather experienced lawyer who will be able to determine which human rights were actually violated by the district police officer, how to correctly write a complaint to the law enforcement service (police or prosecutor's office) and how to behave at all stages of the situation.
Complaints Tips
Before submitting a written complaint about the inaction of the local authorized police, it is recommended to contact the department (in which he works), personally asking a superior (that is, the head). Usually this is quite enough for the district policeman to change his attitude towards the person who has applied.
In the event that it is not possible to solve the problem verbally in this way, it is worth filing a complaint against this official directly in writing. When the first method does not work, you must contact the Ministry of Internal Affairs. A particularly effective application to this authority will be in the case when the reason for sending the claim was a bribe or extortion. If this measure did not work, then where to complain about police inaction further? The next instance of appeal is a law enforcement agency (i.e. the prosecutor's office). As statistics prove, the vast majority of even the most neglected disputes are resolved at the stage of visiting the prosecutor's office.
It is worth noting that the complaint can be submitted to the precinct during a personal appearance or online. The advantage of its compilation at the district may be a list of additional materials confirming the described facts. These tools can be printouts of conversations along with recordings from the recorder, photos, videos and so on.
True information
Only true information must be provided in the complaint. If false information is found, the applicant will be subject to the penalties described in the Criminal Code. And you must always remember that the law is always exclusively on the side of truth. A sample complaint about police inaction can be obtained by contacting the nearest office. Observing the sequence in the preparation of documentation and recommendations for its submission, you can defend your rights.
Receive response
As part of receiving an official response, attention should be paid to the indication of the possibility of an appeal to a higher authority. A person will be able to exercise this right if his arguments were left without any satisfaction. So, for example, in case of disagreement with the answer from the district prosecutor's office, you can appeal it to a higher department or court. Against the background of receiving a decision to refuse to satisfy a complaint in these services, you can go to the regional judicial authority on appeal. In this case, it is better to coordinate a sample complaint about the inaction of police officers with a lawyer.