Very often, the prosecutor's office becomes the last authority to which you can file a complaint about a violation of existing federal laws or the personal rights and freedoms of citizens. It is a supervisory body that monitors violations of the law and controls the activities of not only state and other organizations, but also local administrative institutions.
There is a procedure for citizens to file complaints and statements. According to the requirement of Article 8 of Federal Law No. 59, the appeal is sent to the body whose competence includes consideration of this message on its merits.
If you consider yourself a victim, then you need to write a statement to the supervisory organization under whose control the unlawful actions of your offender fall.
So, for example, in case of deception, body kits in stores, the sale of faulty equipment or substandard goods, you need to complain to Rospotrebnadzor. This will be the first authority to respond to your complaint. The situation is the same with the protection of rights regarding the safety of personal data, supervision of banking activities, the work of bailiffs, labor inspection, and so on. Each structure has its own regulatory body.
If the responsible persons do not fulfill the powers assigned to them or citizens do not agree with the resolutions adopted by the executive bodies in response to their application, the victims can appeal the decision.
Where to complain if the prosecutor's office is inactive
But what if supervisors ignore citizens’ appeals about violations of their rights? Where can I complain about the inaction of the city prosecutor's office? There are cases when government agencies appointed to monitor compliance with the law themselves violate it. There are two options:
- filing a complaint with a superior employee;
- drawing up a judicial statement.
To file a complaint, you need evidence of unlawful actions by the prosecutor (a copy of the response to your appeal, testimony of witnesses).
If you draw up a statement of claim to appeal the actions of law enforcement agencies in court, you need to write how your rights were violated by employees of supervisory authorities.
The court, having considered your complaint, may issue a resolution to cancel the decision made earlier by the prosecutor's office and punish the official guilty of violating the law. If the court does not find evidence of violation of your rights by law enforcement officials, it may refuse to satisfy your claims. You will have 10 days to file a cassation appeal to a higher authority.
How to properly file a complaint?
Such a complaint can be filed within 10 days after the bailiff committed an action that seems unlawful to you , or after an unlawful inaction was discovered. It should indicate all the data of both the bailiff and the person filing the complaint, describe what exactly seems wrong to you and why (it is advisable to refer to the law), indicate your requirements, i.e. What do you see as a possible way out of the situation: the bailiff performing an action, canceling the decision, etc. However, you can simply indicate a requirement to conduct an internal audit in relation to the specified actions of the bailiff.
Where to complain about the district prosecutor's office
To understand where the violation of your rights by employees of the prosecutor's office occurred, you need to have an idea of the work of the state supervision apparatus.
Each structural unit has established a hotline for citizens to contact them. Applications are registered and reviewed. The response is sent by mail or delivered in person. To apply for protection of their violated rights, a person can send an appeal in writing or use e-mail and contact through the Internet reception.
The prosecutor's office has installed boxes for receiving citizens' requests, mail is taken out of them regularly, a special stamp is placed on the correspondence, and the date is indicated. Then it is registered and submitted for review. The prosecutor on duty receives citizens every day. You can track the fate of your appeal by calling the reception or office. You should be told which structural unit is considering your application.
If the application has not received a conclusion from an authorized supervisory body, the city prosecutor's office makes a decision to forward this appeal to the appropriate supervisory body to consider your complaint. 7 days are allocated for this. The law provides for sending a request both with and without control, depending on the situation or severity of the problem. There are deadlines for processing an application. If the deadlines or the rights of a citizen are violated by employees of the main supervisory body, rules have been established for appealing the actions of the prosecutor's office.
Deadlines
A complaint against the response of the prosecutor's office to a higher prosecutor, a sample of which is presented below, must be considered within no more than 30 days. This is provided for by the requirements of Art. 5 Order of the Prosecutor General's Office dated January 30, 2013. This procedure applies to all citizens’ appeals (not just complaints about the prosecutor’s response).
The countdown provided for in the instructions begins from the moment the request is registered. If additional verification of the information contained in the complaint is not required, the review period is reduced by half and is 15 days.
The instructions also provide for shorter deadlines if the case requires an immediate response from a higher authority. In this case, the response must be prepared and sent to the applicant within 3 to 10 days. If a person makes a mistake and sends an appeal to the wrong address, then such a document is not returned, but is redirected to the correct recipient. The prosecutor's office must do this within 7 days of receiving the complaint.
In difficult situations, when additional verification or clarification of facts is required, the review period may be extended, but not more than 30 days.
Where to complain about the city prosecutor's office
If you don’t know where to complain about the city prosecutor’s office, you need to use Article No. 10 of Federal Law 171 of July 17, 2009. It directly states that the decision and resolution of the judiciary, the response of the supervisory authority to an appeal or application must be appealed to a higher official.
The same article of the Federal Law prohibits forwarding an application to a responsible person or executive body whose actions the applicant wants to appeal. The article predetermines a reasoned response to citizens’ appeals or complaints.
If the state supervisory authorities decide to refuse the applicant’s complaint, then the prosecutor is obliged to explain to the citizen his rights and the procedure for appealing his decision to higher authorities.
The decision made by the prosecutor does not deprive the applicant of the opportunity to defend his rights in court. Consideration of cases of non-compliance with legislation and violation of rights can be initiated not only by supervisory authorities, but also by personal statements from citizens.
Challenging the inaction of a bailiff in court
A judicial challenge is an effective form of complaint, as it allows not only to recognize the bailiff’s inaction as illegal, but also to make other demands related to the proceedings.
Note!
According to Art. 441 of the Code of Civil Procedure, the inaction of bailiffs is appealed in the manner prescribed by the legislation on administrative proceedings. According to Art. 218 CAS, if a citizen believes that his rights, interests or freedoms are violated by the inaction of the bailiff, he files an administrative claim with the court.
How to file a lawsuit against the inaction of bailiffs
When appealing against the bailiff's inaction, the interested party draws up a statement of claim, which, in accordance with Art. 220 CAS must contain:
- name of the court to which it is filed;
- Full name of the plaintiff, his postal address and contacts;
- name, position of the defendant;
- the name of the OSB in which the defendant exercises his functions;
- the date or period of the challenged omission;
- information about what the inaction consists of;
- information about the rights and freedoms that are violated as a result of such inaction;
- Regulations for compliance with which the bailiff’s behavior should be checked;
- information about filing a complaint in the order of subordination;
- requirements to recognize the inaction as illegal and other requirements: to oblige the person to take specific enforcement actions, to cancel the decision to terminate the proceedings.
The claim is accompanied by documents substantiating the applicant’s position and demands: case materials, bailiff’s responses to the petitions. The package of documents can be submitted to the court personally by the applicant, through a representative or by mail. If functionality is available on the court’s website, documents can be sent electronically.
Note!
Applicants are exempt from paying state fees when filing an administrative claim.
Lawlessness of the prosecutor's office: where to complain
To challenge the decision of the prosecutor's office, you must write an application to a higher division of the state supervisory authority (city, regional, regional). The list of requirements for written statements from citizens is regulated by Federal Law. The message must contain:
- name of the government agency, full name of the responsible person to whom it is addressed;
- Full name of the citizen himself;
- applicant's postal address;
- applicant's telephone number (preferably);
- the essence of the appeal (where, when, by whom the applicant’s rights were violated, or the requirements of the Federal Law);
- copies of documents confirming the described arguments;
- requirements for restoration of rights;
- personal signature and date of composition.
When applying in person, you must have two copies of your application with you. You hand over one to the reception or office; on the second copy, the executive secretary puts a stamp on the registration of this application and the date. Article 12 of Federal Law No. 59 states that the time for consideration of a complaint should not exceed 30 calendar days, unless this concerns facts of violations in the field of migration. Then the period is 20 days.
Comments: 36
Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:
Author of the article Irina Rusanova
Consultant, author Popovich Anna
Financial author Olga Pikhotskaya
- Anonymous
12/15/2021 at 23:18 Elenmya Magistrate Court in my favor collected from the management company the amount of 50 thousand rubles, but the management company immediately went bankrupt and we handed it over to the bailiffs, but for some reason they cannot take the debt from the company that they were awarded, what should I do.
Reply ↓ Anna Popovich
12/21/2021 at 17:41Dear author, please contact the bankruptcy trustee.
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10/13/2021 at 11:03
Yekaterinburg Kunarskaya street * tel 8 * debtor Kim Tatyana Grigorievna has not paid the debt since May 2021 what to do we can’t get to the bailiff Shein
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10/11/2021 at 16:49
Good afternoon. For a very long time (more than 10 years) the issue of the “honest” work of the bailiffs cannot be resolved...... The brother does not live with the woman, but pays alimony for the child... But she believes that this is not enough and complaints are constantly being written,..... Only the necessary certificates and documents will be collected ... Confirming that this is the case... Surely something is happening, the court is changing. The bailiff (more than one) does not have enough certificates... Etc. As a result, the case is half empty, it’s not realistic to put everything back together again. Nightmare. My brother lives in another city, not where he previously lived, asked for the help of a representative, drew up a power of attorney, sent money to go to court and represent his interests…. Alas, the second representative has already “leaked” to the phone. Did not answer…. As a result, it turns out that for two years she did not go anywhere; all the copies of certificates and originals that she had were also with her, but they were not there... For some reason, for more than two years, the case was not sent to the city where he now lives, they delayed.... The case arrived almost empty... During this time, they put him on the wanted list, he called himself, got in touch, it seems like he was removed from the wanted list, now a driving ban has been imposed (the only way to earn money) The amount of debt is not clear where it comes from…. There is so much more to tell... Tell me who to turn to for help. The guy is 38 years old and he is not hiding. Because of all the endless hassle, problems with his heart began. As a sister, I want to, but I don’t know who to turn to and help.
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09.29.2021 at 12:11
Dear Irina. I had one enforcement proceeding initiated by a local bailiff in 2015 at my place of registration and permanent residence in the regional center. in favor of SBERBANK. The second enforcement proceeding for another debt was initiated in 2017 by a regional bailiff from the department for special enforcement proceedings in favor of the burst JSCB PROBUSINESSBANK.. I did not live in the regional center, was not registered and did not have any property. Is it possible to return the second enforcement proceedings under the jurisdiction of local bailiffs at my place of permanent residence.
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09/07/2021 at 15:39
Good afternoon...I have paid all my debts and my debt is still not cleared...why is this??I went to the bailiffs and they promised that they would do it soon...time passes and the debt hangs...where can I file a complaint against the bailiffs for inaction?
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- Anna Popovich
09/07/2021 at 18:48
Dear Gulnaz, complaints in the order of subordination are submitted in writing to the official of the Federal Bailiff Service, who is subordinate to the official whose inaction is being complained about. You can contact the FSSP via the online reception using this link and report the lack of progress on your case online.
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02.09.2021 at 19:21
bailiff and art. The bailiff refuses to reduce the deductions from the pension (the only source of income - I receive -8000 rubles in my hands, the ambassador has a 50% deduction). And is the decision of the head of the FSSP Aristov to reduce the deductions from the pension to 20% valid? I bet I’ve been contacting the prosecutor’s office and the main office for half a year and there are only replies. what to do ? There’s not even enough money for food and not even enough money for a lawyer.
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- Anna Popovich
09/05/2021 at 19:50
Dear Anatoly, you should submit an official written application to the bailiff service to your executor and justify the reason for reducing the withdrawn part of the pension or to the court. The bailiff can set the amount of withholding that takes into account the financial situation of the debtor.
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08/26/2021 at 02:25
Hello, I have the following situation: I have a bank debt of 11,500 rubles. The court issued a ruling in the city of Dobryanka and the bailiffs opened a case. The bank has now filed a lawsuit in Perm, and the bailiffs issued another case regarding this debt, but for 22 thousand rubles. I took out the documents from the bank as a debt in the amount of 11,500 rubles. The bailiffs send it to the bank, the bank back to the bailiffs. I wrote a complaint to senior management. Nothing changed. Tell me where to turn next?
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- Anna Popovich
08/26/2021 at 17:15
Dear Maxim, one of the sheets is subject to cancellation (in court) or withdrawal by the claimant. If we understand you correctly, then there is one claimant, one subject, one amount, but if there are differences, then in this case an application is written to the senior bailiff to merge the individual entrepreneur.
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08/20/2021 at 21:58
Hello, please tell me how and to whom can I write a complaint against the bailiff? After the decision to cancel the court order, the deduction continues under the individual entrepreneur and plus the salary account was seized, although deductions are made according to the Writ of Execution of 25%, because husband does not work and dependent minor child
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- Anna Popovich
08/23/2021 at 18:08
Dear Elena, you can submit a complaint to higher management.
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Dazdraperma
09/01/2021 at 20:17
Good afternoon Why don’t you inform that all statements and complaints on the joint venture website must be signed electronically? Don't you know about this? Then why are you giving out advice?
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Anna Popovich
09/02/2021 at 15:06
Dear author, this question was not asked by our readers.
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08/20/2021 at 09:37
Good morning, I submitted documents for alimony to the bailiffs, I indicated all the data where the person works, I submitted it on July 15th, today is August 20th, the debtor is still not in the debtor database, I’m still waiting for the results, I need him to be in the database, to write an application for child benefit
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- Anna Popovich
08/23/2021 at 19:04
Dear Irina, complaints in the order of subordination are submitted in writing to the official of the Federal Bailiff Service, subordinate to whom is the official whose actions or inactions are being appealed. You can contact the FSSP via the online reception and report the lack of progress on your case online.
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08/16/2021 at 02:59
Hello! I paid the debt in full and a week later the bailiffs seized all my accounts for the same amount. What should I do?
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- Anna Popovich
08/17/2021 at 01:10
Dear Polina, file a complaint about the inaction of the bailiff in the order of subordination. If there is no reaction, then go to the prosecutor's office.
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Anonymous
09.29.2021 at 13:49
Dear Anna, Money was illegally written off. Wed, the bailiff ignores the statements, the senior bailiff too. The prosecutor's office twice forwarded the complaint to the bailiffs, they completely ignored it and did not receive a single answer... The bailiff's answer is that I have 1000 more such cases, write another statement! How to get money back funds? Who compensates for the time and expenses spent?
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Anna Popovich
09.29.2021 at 15:16
Dear author, we recommend that you resort to judicial protection of your rights. A statement of claim to challenge the decisions, actions (inaction) of the bailiff is filed with the district court. Jurisdiction - at the place where the bailiff performs his duties. In accordance with Art. 1069 of the Civil Code of the Russian Federation, damage caused by illegal actions of bailiffs is subject to recovery.
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08/09/2021 at 19:53
The bailiffs are closing the alimony case for the second time, without grounds, can I file a lawsuit? 2.5 years of sharing is a mockery.
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- Anna Popovich
08/10/2021 at 22:53
Dear Alexandra, who do you plan to bring in as a defendant in the case?
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07/08/2021 at 13:02
After undergoing extrajudicial bankruptcy, receiving a Notice of completion of the extrajudicial bankruptcy procedure for a citizen, what should be sent to the bailiffs - a statement or immediately a complaint that individual entrepreneurs have not yet been closed since June 4, 2021?
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- Anna Popovich
07/08/2021 at 21:27
Dear Svetlana, enforcement proceedings are completed by the bailiff from the date the court makes a decision to declare the debtor bankrupt and to open bankruptcy proceedings. You can contact the FSSP with a complaint.
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07/08/2021 at 12:04
Hello! We went through the extrajudicial bankruptcy procedure through the MFC. On June 4, 2021, we received a Notification about the completion of the extrajudicial bankruptcy procedure for a citizen. We sent an application (letter) to the Office of the Federal Bailiff Service for the Altai Territory of the OSP of the Smolensk region and the city of Belokurikha, where they included the basis for closing the individual entrepreneur. To this day, the IPs have not been closed. How should we proceed with the bailiffs?
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- Anna Popovich
07/09/2021 at 00:12
Dear Svetlana, please contact the higher management of the FSSP with a complaint.
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06/29/2021 at 08:53
The bailiff returned the overpaid amount to the subsidy account that the employer opened for employees to eat on the premises of the plant. It is impossible to withdraw money from this account, and it is also impossible to transfer it. The dining room is not open. Now the money is in the account and I can’t do anything about it. The bailiff refuses to help me. What to do?
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- Anna Popovich
06/30/2021 at 20:17
Dear Tatyana, file a complaint about the inaction of the bailiff in the order of subordination. If there is no reaction, then go to the prosecutor's office.
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06/20/2021 at 21:31
Hello. On February 17, the court forcibly collected alimony from the ex-spouse of 1/4 of the income. The bailiff has not sent a writ of execution to the debtor for the 4th month, finding various excuses. The debtor also provided a fake income certificate of 21,000 but in fact the income 73-80000 per month. The bailiff, when asked to make inquiries about the debtor’s income, said she does not have such powers. The debtor also pays 5,000 alimony on his own, and calculates the amount himself. The bailiff, in response to my requests to send a writ of execution to the debtor’s organization and make a request, refuses .a complaint was written to the prosecutor's office against the bailiff, more than 10 days have passed, there is no answer. How long does it take the prosecutor's office to consider the complaint? And is it possible to punish the debtor for a fake certificate and concealment of income???
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- Anna Popovich
06/21/2021 at 18:52
Dear Victoria, in accordance with current legislation, the total period for consideration of an application is 30 days. Regarding concealment of income, the law establishes criminal liability of the guilty person in accordance with Article 157 of the Criminal Code of the Russian Federation.
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06/19/2021 at 15:42
Hello. My alimony deduction is 50 percent according to the writ of execution, and according to the same writ, Sberbank deducts another 50 percent, as a result, I am left without a salary. Please tell me how this is possible and what to do?
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- Anna Popovich
06/19/2021 at 15:52
Dear Alexey, in accordance with Article 99 of Law No. 229-FZ and Article 138 of the Labor Code of the Russian Federation, in order to pay off debt under writs of execution, more than 50% cannot be withheld from the debtor’s wages and other income. Contact the FSSP and insist on changing the terms of collection.
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05/10/2021 at 01:23
An acquaintance of a friend’s wife had this situation: she was traveling on a bus, an accident occurred, then the bus driver took the data from the passengers, and everyone left. Then after a while they called and asked are you so and so, yes they answered and hung up. And after some time, a paper arrived from the bank to pay off a loan worth more than a million rubles. Then in court they abolished this impunity, there is a paper, but in order to stop this proceeding you need to contact the bailiff service, but they do not accept them stupidly citing Kevin 19. And they are still collecting funds from the pension in the specified bank. How should they be
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- Anna Popovich
05/10/2021 at 12:11
Dear Rushan, you need to file a complaint with the prosecutor's office. They will check the actions of the bailiffs and the bank.
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09/15/2020 at 08:20
Thank you very much for the information…
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When an illegal decision is made
What should you do if the state supervisory authority made an unlawful decision on your application or you were not satisfied with the explanation from the prosecutor’s office where to complain under such circumstances?
Officials of the supervisory body who violated the provisions of Federal Law No. 59 are responsible for this. This is prescribed by Article 15 of the relevant Federal Law. The punishment is administrative fines imposed on those responsible for violating the procedure established by the legislation of the Russian Federation for considering citizens' appeals.
If the punishment is insufficient or if administrative fines do not resolve the problem arising from your appeal, you can transfer the decision on the verdict to the judicial authorities. This is where you can become an active participant in the process and influence the course of the trial.
To ensure proper preparation of documents, it is better to use the services of our legal consultants.
How to submit a claim
The relationship with the prosecutor's office is no different from other state legal departments. A person whose rights have been violated can send a statement:
- by visiting the prosecutor's office at your place of residence and making an appointment with a superior prosecutor;
- leaving it in the office to the secretary;
- by placing the document in a special box for requests from residents of the region;
- by Russian Post by registered mail;
- through the prosecutor's office web reception.
Regardless of how the application is sent, it must be reviewed within 30 days. The time is counted from the date of registration of the application. It should be noted that a complaint filed remotely has the same legal significance as one submitted personally to the head of the prosecutor’s office. To send a document via the Internet, instead of an application, the applicant will have to fill out an application form, indicate information in the form, answering the service’s question.
Where to complain about the regional prosecutor's office
The procedure for appealing the actions of employees of the regional prosecutor's office is the same as in all previous state supervisory bodies. The official website of the General Prosecutor's Office of the Russian Federation indicates the structural vertical of the prosecutor's offices of the constituent entities of the Russian Federation. There is also information about the higher supervisory authority, to whose address you can send a complaint about the improper performance of its direct duties by the regional body.
The appeal must be supported by evidence of a violation of the law, and drawn up in accordance with the rules regulated by the relevant Federal Law. A free legal consultant can assist you in drawing up an application addressed to the chief prosecutor of the organization to which you are sending your complaint.
An appeal that is not drawn up according to the rules, in illegible handwriting, with a vaguely expressed claim, is sent back to the applicant by the prosecutor's office for revision. Therefore, when thinking about where you can complain about the prosecutor’s office and how to properly fill out an application, it would not be a bad idea to resort to the services of competent lawyers.
Article No. 52 of the Constitution of the Russian Federation guarantees citizens the protection of their rights from abuse of power, fair justice and payment of compensation for damage caused.
Decisions of state supervisory authorities can be challenged in court. According to statistics, district courts are reluctant to overturn decisions of the prosecutor's office. Sometimes the process of restoring justice is delayed. Cooperation with a legal consultant is necessary in order not to miss deadlines for filing cassation appeals and to analyze the legislative nuances that come to light during trials.
Nuances
Appeals against decisions or actions of prosecutors are a vital mechanism for protecting human rights and are subject to strict rules and requirements. In order to understand the essence of the procedure, you need to know not only the general provisions, but also the following nuances:
- Each complaint against prosecutors is considered by higher government agencies according to the rules of jurisdiction. For example, filing an appeal against a district prosecutor with the Prosecutor General's Office of the Russian Federation is not allowed; you must first send an application to the city, then the regional authority, and only then to the Prosecutor General's Office.
- The application must indicate the applicant's current telephone number and address. Otherwise, the notification with the decision may not reach the recipient.
- If an appeal against the prosecutor is sent to court, you should contact the district or city authority. Magistrates are not authorized to consider these applications.
- The legislator does not oblige the provision of evidence in support of the complaint, however, documentary or material evidence of the applicant’s arguments will significantly increase the chances of the application being granted.
- An electronic statement about a crime committed by the prosecutor should be submitted through the following portal: https://sledcom.ru.
- An appeal to the President of the Russian Federation with a complaint against the prosecutor can be sent through electronic reception terminals, the locations of which are indicated here: https://letters.kremlin.ru/receptions/electronic In addition, you can send an appeal through the electronic portal: https://letters .kremlin.ru/letters/claim/form
Where to complain about corruption in the prosecutor's office
If you have noticed cases of employees of supervisory authorities extorting money for terminating an investigation into violations of federal laws or falsifying the results obtained during inspections of such cases, you need to contact a specialized unit of the Prosecutor General's Office of the Russian Federation, which oversees the implementation of anti-corruption legislation.
The same structural units have been created in each constituent entity of the Russian Federation. Their tasks include combating corruption in the sphere of state and municipal services. Employees of the unit investigate cases of bribery among regional and municipal leaders, government supervisors, judicial and supervisory authorities, deputies, etc.
The main vectors of activity of the specialized anti-corruption unit are:
- detection of cases of corruption, verification of facts in identified cases;
- state supervision over compliance with legislation in the conduct of operational investigative activities as a result of the consideration of criminal cases opened to identify cases of corruption;
- maintaining state prosecution in court;
- data collection, research and analysis of the implementation of the anti-corruption law;
- selection of recommendations for improving work based on processing of available data.
Complaint against a prosecutor's office employee for abuse of official position
The prosecutor is a source of a wide range of powers that must be used exclusively for official purposes, strictly regulated by the Federal Law “On the Prosecutor’s Office”. The use of official position for personal, mercenary purposes constitutes a crime in accordance with Art. 285 of the Criminal Code of the Russian Federation. In the event that a citizen has discovered signs of this criminal offense in the actions of the prosecutor, it is necessary to contact the relevant authorities with a statement, namely, the Investigative Committee of the Russian Federation (clause a) clause 1, part 2 of art. 151 of the Code of Criminal Procedure of the Russian Federation). In this case, the person’s appeal will not be called a complaint, but a report of a crime, which must be registered and verified in the prescribed manner. If employees of the RF Investigative Committee confirm the fact of a violation, a criminal case is initiated and subsequently referred to court.
