At every opportunity, many Russian citizens send written complaints to the prosecution authorities, considering them the only authority that is able to effectively protect human rights. In some cases, the citizen does not receive an answer to the submitted application, and his question remains unresolved. In this case, the legislator gives people the right to write a complaint to the Prosecutor General of the Russian Federation.
Regulatory framework
According to legal norms, if the legitimate rights and interests of citizens are violated by illegal actions (or inaction) of prosecutors, the victim can file a complaint with higher authorities according to the rules of jurisdiction established by law.
If violations of the citizenās rights were committed by prosecutors, you can file a complaint directly to the prosecutor at the district or city levels. If the specified application has not been considered or has been refused, the next place for sending the complaint is the prosecutor's office of the region (region).
If the regional (regional) prosecutorās office didnāt react properly, a complaint is filed with the Prosecutor Generalās Office, a sample of which can be taken from the authority itself and found in our article. If the complaint submitted to the Prosecutor Generalās Office of the Russian Federation has not been examined, an appeal to the President of the Russian Federation can be written according to the norms of the Russian Constitution .
If the complaint concerns crimes committed by officials of various bodies, it can be sent to the Investigative Committee, in accordance with article 42 of the Federal Law āOn the Prosecutor's Officeā.
If unlawful actions were committed by the heads of lower authorities in relation to the General Prosecutor's Office, a complaint against a prosecutor can be filed with the court, in accordance with the norms of article 125 of the Russian Criminal Procedure Code and the norms of chapter 22 of the Code of Administrative Russian Procedure. Such complaints are filed if the prosecutor decides to initiate a criminal case or terminate it, as well as inaction regarding appeals filed in accordance with the tenth article of the Law of the Russian Federation on the prosecutorās office.
Responsibilities of prosecutors
According to the norms of legislation, the powers of prosecutors and their subordinate employees include the protection of the interests and rights of citizens. In this regard, the duties of employees include the following powers that are related to the proper performance of duties:
- Exercise of control and supervision over the implementation and compliance with legislative requirements by executive authorities, law enforcement agencies and organizations (enterprises and other legal entities).
- Exercising oversight functions in the field of observing the freedoms and rights of citizens, including the right to receive protection in the event that measures are taken against the citizen of an investigative or operational-search nature (in accordance with Article 27 of the Law).
- Consideration of appeals, complaints and applications of people regarding violations of interests and rights, including violations of their interests at the time of the conduct of investigative or operational-search measures (in accordance with Article 10 of the Law).
40.2 article of the Federal Law āOn the Prosecutor's Officeā determines that prosecutors have prohibitions, restrictions and obligations, which are also fixed in the Law governing the fight against corruption. In addition, the duties of prosecutors are enshrined in the articles of the Law on State Civil Service (Articles 17, 20, 18 and 20.1).
Legislation defines the following prohibitions on prosecutors:
- to receive and give bribes or monetary rewards from legal or physical persons;
- abuse of authority and official position;
- to carry out business activities;
- to play the role of a third party representative in state bodies in which they replace any position;
- disclosure of proprietary information or confidential information;
- to open deposit accounts in foreign banks;
- to engage in paid work without the approval of the direct supervisor (including scientific and teaching activities).
The powers of public prosecutors include the following duties:
- Do not perform actions that defame the dignity and honor of state bodies.
- Conscientiously carry out their duties.
- Avoid conflicts of various interests.
- Show correctness and respect for all people.
Non-observance or improper performance of official duties by state employees leads to disciplinary liability in accordance with article 41.7 of the Federal Law on the Prosecutor's Office.
The powers of prosecutors
Prosecutorial powers include oversight in the following areas:
- in the field of law enforcement: conducting inspections regarding the implementation of legislation if violations were identified by communication from citizens; institution of administrative offenses; exemption from liability; appeal of legal regulations that are contrary to law;
- in the field of observance of freedoms and rights of citizens: consideration of allegations of violations; explanation of the procedure for protecting victims; initiation of cases of administrative or criminal offenses; representation of citizens in the judiciary;
- in the field of enforcement of law enforcement officer: consideration of applications and complaints of citizens about illegal actions or inaction of police officers; verification of actions taken by police officers for their compliance with criminal procedure standards
- in the sphere of execution of laws regarding execution of punishment.
Other powers of the prosecutor, according to the norms of the Constitution, include the following actions:
- participation in criminal court hearings in the role of prosecutor and in the role of a representative of persons whose rights have been violated (in civil cases);
- filing a motion in respect of the accused or defendants regarding the period of arrest or the selected preventive measure;
- the cancellation of the decision made by the police and other law enforcement agencies if this document is made in violation or contains contradictions to the law (this also includes the consideration of complaints by the General Prosecutor's Office);
- removal of employees of the relevant bodies from the performance of their duties in the field of investigation of administrative and criminal offenses;
- requesting materials from administrative or criminal cases to conduct an appropriate audit.
Grounds for handling complaints
The main reasons for filing a complaint with the Prosecutor General, a model of which can be found in the article, are the actions or inaction of the supervisory authorities at the local or regional levels. These reasons are expressed in the following actions by prosecutors at the appropriate levels:
- Non-fulfillment by the head of the prosecutor's office of the powers entrusted to him in the field of criminal proceedings, including the lack of proper control over the work of investigation bodies.
- Abuse of official authority and official position.
- Failure to take appropriate measures upon a complaint received not by the Prosecutor General.
- Violations of the statutory deadlines for considering a complaint and forwarding a response to it.
- Refusal to provide a response to the appeal of a citizen or organization.
- Extortion.
The procedure for appealing against the actions of the prosecutor
The procedure for compiling and sending a complaint to the Prosecutor Generalās Office of the Russian Federation and the sample document are determined by order of the Prosecutor General of 01.30.2013 No. 45.
The corresponding instruction defines the procedure for filing an appeal from Russian citizens to the prosecutor's office at the local or regional levels. According to this instruction, lower authorities are obliged to consider the submitted applications before this application is submitted as a complaint to the Prosecutor General's Office regarding the inaction or illegal actions of these bodies.
Complaints pending by lower authorities are dealt with expeditiously. Within seven days, the applications received are forwarded to the prosecutor's office, which did not respond to the appeal, so that the circumstances indicated in the complaint to the Prosecutor General are properly examined by the violators. After that, within the time limits established by law, the authority must send a response to the applicant.
Where to file a complaint
The prosecutor's office is a state body that oversees the rights and legitimate interests of citizens are not violated. In addition, it should monitor the implementation of the legislation of Russia by all bodies, legal entities and individuals.
You can write a complaint to the Prosecutor Generalās Office of the Russian Federation only if all the lower instances are passed. The procedure for dealing with vertical complaints is as follows:
- The city prosecutor accepts claims against employees subordinate to him. An application can be sent in person after an appointment, by mail or by e-mail.
- The prosecutor of the subject (region, region, etc.) considers applications filed in connection with the refusal to satisfy the submitted complaint, or if the applicant does not agree with the results of its consideration. Some time ago, citizens had the opportunity to submit a complaint by e-mail on the official website of the Prosecutor General's Office. You can choose any branch of the organization and file a claim. Also there you can find a sample complaint to the Prosecutor Generalās Office and its subordinate departments. You can also independently choose the option of receiving a response to requests: in writing or in the form of an email. When applying by e-mail, you must attach scans of the necessary documents.
- The Prosecutor General and his subordinates consider complaints submitted to the Prosecutor General of the Russian Federation, which can be sent in the same ways as indicated above. When sending an application to this body, it is necessary to attach copies of complaints sent to lower bodies with notes on their receipt, as well as answers to the requests.
- The Investigative Committee considers written communications from legal entities and individuals about the commission of criminal offenses by prosecutors. The committee considers complaints in three stages: they verify the arguments set forth in the communication; initiate a criminal case if the arguments of the appeal have found their real confirmation; conduct a preliminary stage of the investigation and transfer the case to court. In addition to the indicated methods of treatment, citizens and legal entities can also report a crime through the helpline and through the direct line of the Committee Chairman.
- The President, as a higher authority in relation to the Prosecutor General, considers written claims regarding unlawful actions or inaction of the Russian prosecutor. The complaint is sent by land or e-mail. All appeals received in the name of the President are considered by the staff of the Office for Work with Appeals of Individuals.
- The court considers applications for appealing against decisions of prosecutors of appropriate levels to refuse to initiate (terminate) criminal cases or criminal prosecution. The procedure for resolving such cases is defined in Articles 125 and 125.1 of the Criminal Procedure Code. The term for consideration of the appeal is five days (of workers), after which the judge makes a decision in the form of a decision refusing to satisfy the submitted complaint or declaring the document appealed illegal. Inaction by the prosecutor is also considered by the court (in accordance with the provisions of Chapter 22 of the Code of Administrative Procedure) within a month from the day the court receives the complaint.
Terms of consideration of the complaint
Having considered how and how to write a complaint to the Prosecutor Generalās Office, you should determine the timing of its consideration. According to article 12 of Law No. 59, which regulates the procedure for considering civil applications, complaints are considered within a month from the moment of filing.
In some cases, written requests are considered within two months. If the complaint was not submitted under the jurisdiction, seven days are added to the period for consideration to deliver the application to the appropriate address.
If during the consideration of the complaint it is necessary to examine the materials and request documents, the term is extended by fifteen days.
Component complaint
In order to file a complaint with the General Prosecutor's Office and get an answer to it, it is necessary to include the following information in it:
- information about the applicant, his contact details and address;
- subject of appeal;
- requirements put forward by the applicant;
- date of drawing up the appeal;
- list of documents in the application.
Circumstances should be stated briefly, without unnecessary emotions.
A sample complaint can be seen in the photo above, and the continuation of the statement is below.
Form and required elements of complaint
A complaint to the Prosecutor General, the sample of which is proposed above, must be made in writing. The name of the relevant prosecutorās office with the address, detailed information on the applicant is indicated in the ācapā.
The main part contains information about the circumstances that served as the reason for filing a complaint indicating the specific offenses of prosecutors. Must be present references to legal norms.
The complaint must contain the date of dispatch and the signature of the applicant. When sending by mail, it is necessary to keep evidence that the complaint was received by the relevant authority.
Pending complaint types
In some cases, complaints are returned to the applicant without consideration. The prosecutors are entitled to reject the filed appeal in the following circumstances:
- the statement contains obscene language;
- a written statement does not make sense;
- the handwriting of the complaint cannot be read;
- The complaint is anonymous or contains insufficient information about the applicant;
- the same complaint was sent for consideration earlier and resolved.
Before filing a complaint with the prosecutor, you should consult with a lawyer to find out what other ways you can resolve the existing issue.