Time limit for consideration and response to complaints, applications and appeals to the prosecutor's office

The main task of the prosecutor's office is to protect the rights and freedoms of citizens. But in order for the body in question to provide maximum support, the main principle should be used - apply on time. This does not mean that you should go to the prosecutor's office on the first occasion. Reception of citizens and consideration of applications takes place according to a certain algorithm. The prosecutor is obliged to consider a case that falls under his jurisdiction. But you need to choose the most effective method of contact - in writing or a personal visit.

Procedure for consideration

In order to consider the established deadlines in detail, it is necessary to describe the entire process of considering a complaint to the prosecutor's office from beginning to end.
And it all starts with filing a complaint. In order to submit his appeal to the prosecutor's office, a citizen who has suffered from illegal actions can personally contact the department, send an authorized representative in his place, or submit a complaint by registered mail. In this case, a receipt is issued at the reception after receiving the complaint. From this moment the period for consideration of the complaint begins. After the complaint is accepted by the specialist, it will be transferred to an authorized employee who will consider it. At this stage, a decision is made on what to do with the complaint. There are three options:

The case is left without consideration. This is possible in a number of cases, which we will describe in detail below. The applicant is notified in writing that the case remains without consideration. In this case, the reason for refusal to consider the case must be indicated;
The case goes to the investigator. In this case, it is recognized that there is an offense that the prosecutor's office can consider. If the application is accepted, then it is transferred to an employee of the prosecutor's office and he opens a case, and then begins to conduct it in various ways;
The case is redirected to another government service. This is possible in cases where the prosecutor's office receives statements that another service must respond to. For example, if a complaint is received about a violation of consumer rights, the prosecutor’s office will forward the case to Rospotrebnadzor. An exception is if the applicant has previously contacted the authorized service, but this did not produce results. The applicant is also notified of such action in writing.

If the complaint has been accepted, an authorized employee of the prosecutor’s office begins its consideration. It is difficult to say exactly how the case will proceed, since each complaint is considered individually. For example, if the case concerns a significant violation of labor laws, then an employee of the prosecutor’s office is sent to the victim to check documents, and if there are violations of consumer rights, then to expert appraisers.

Regardless of how the investigation was conducted, the prosecutor's office may make one of four decisions:

Satisfy the applicant's requirements. In the event that the prosecutor's office identifies violations and is able to impose punishment in accordance with the law, it makes a decision confirming the rightness of the applicant and obliging the violator to fulfill all the demands put forward by the victim;
Partially satisfy the applicant's demands. In this case, the prosecutor’s office employee also identifies a violation, but either recognizes it as not serious enough, or the applicant’s demands are too exaggerated. Thus, the fact of an offense is also counted, but at the same time the prosecutor’s office obliges the victim to fulfill the demands of the victim not in full;
Refuse the applicant's request. This is possible if, as a result of the inspection, either no violations were found at all, or the victim’s demands were not related to the violation;
Transfer the case to court for further work. Sometimes it happens that during an inspection the prosecutor’s office discovers such serious offenses that it independently determines the degree of guilt and does not have the authority to impose punishment. In this case, all materials of the case are transferred to the court, and the inspection by the prosecutor's office develops into a full-fledged trial.

Let us note a very important fact: the prosecutor’s office informs the applicant about all significant steps during the investigation. That is, you will always have a general idea of what stage your complaint is at. In addition, the law allows citizens to contact the department and clarify the data they are interested in on the case.

Results of consideration

The result of filing a complaint about the inaction of the prosecutor’s office to the Prosecutor General’s Office, as well as other types of appeals, may be:

"Satisfactorily". Simply put, this is the best outcome for considering the application, that is, all information has been taken into account, and measures have been taken to resolve the conflict situation.
"Rejected." The applicant may receive such a response if the prosecutor's office regarded the complaint as unfounded and rejected its consideration.
"Clarified." Such a decision is made on complaints that do not contain specific requirements for an official, but only require clarification of legal norms.
"Redirected." The mark indicates that the complaint was accepted, but forwarded to another authority.

How to file a complaint to the prosecutor's office

Any person, regardless of citizenship, or an association of citizens (collective complaint) can contact the prosecutor's office. At the same time, only the applicant’s request to assist in restoring the rights and freedoms of the applicant or third parties is qualified as a complaint to the prosecutor’s office.

The complaint must contain:

the name of the prosecutor's office to which the complaint is sent, or the position or surname, first name, patronymic of an official of such a body;
information about the applicant: his full name, registered address at the place of residence (required), postal address (if different from registration), fax number (if available) and telephone number, email;
The complaint must be signed. And dated.

The text of the complaint itself should not be voluminous. The facts are stated (preferably, taking into account chronology), what rights of the applicant or a third party were violated, what actions should be taken by the prosecutor's office to eliminate the violated rights.

Most often, the reasons for filing a complaint with the prosecutor's office are: illegal dismissal, non-payment of wages (in these cases you can simultaneously send a complaint to the labor inspectorate), refusal to initiate a criminal case, refusal of government officials to provide information or provide a public service (before or simultaneously with the filing of an administrative claim to challenge a decision of an authority or the actions of an official).

What applications are submitted to the prosecutor's office?

There is no strict form of templates in which applications can be submitted, since such documentation is compiled and executed within the framework of a free official business style , in which there are no unnecessary emotions and epithets.

There is no need to use excessive legal terminology, legal norms or personal (subjective) assessment of the current circumstances. During the consideration of cases, errors and blots are not taken into account.

The application is drawn up within the framework of a free official business style, in which there are no unnecessary emotions and epithets

There are a huge number of causative factors based on which an interested party may file a complaint. The main points include the following:

delay of wages;
failure to provide the set of requested information from the government agency;
illegal acts of dismissal by superiors;
refusal to register with the civil registry office.

The complete complaint form must include several basic points:

name and address of the prosecutor's office;
surname, name, patronymic of the applicant, contact information about him (address, fax, tel.);
the reasons and circumstances in accordance with which the document is filed (this could be various unlawful actions on the part of potential defendants);
a list of the applicant’s demands (restoration of rights, suppression of further violations, etc.);
signature, date.

There are also a few points to keep in mind while drafting a legal paper:

in the last place, the consideration of insubstantial and voluminous letters is carried out : it is important that the document does not contain unnecessary and unnecessary information, “water”, and is drawn up factually and succinctly;
the requirements proposed by the applicant must be realistic and not taken from the head, since complaints in which there are too many “exorbitant” demands are not subject to consideration at all;
on the part of the applicant, the document must provide real evidence of the fact that his rights were violated: personal opinions and beliefs remain aside and are ignored by the employees of the body.

For 100% consideration of a complaint, its preparation must be carried out in accordance with the requirements of the instructions related to the procedure for citizens' appeals. Compliance with the norms of correspondence in a business tone also plays an important role: the text must be clear, relevant and reliable, contain evidence and a set of necessary details.

Time limits for consideration of citizens' appeals by prosecutors' offices

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One of the main functions of the prosecutor's office is to protect the rights and freedoms of citizens. One of the most important sources of information about violations of the law are statements, complaints and other appeals from citizens, which make it possible to quickly respond to violations of human and civil rights and freedoms.

At the same time, the main principle underlying the procedure for considering citizens’ appeals is the principle of timeliness, that is, compliance with the deadlines established by law for consideration of appeals. That is why one of the most common questions that citizens have when contacting the prosecutor’s office is the question of the timing of consideration of applications.

The procedure and timing for consideration and resolution of appeals is established by Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” The prosecutorial authorities of the Russian Federation consider applications in accordance with the Instructions approved by order of the Prosecutor General of the Russian Federation dated January 30, 2013 No. 45 (hereinafter referred to as the Instructions).

Thus, paragraph 5.1 of the Instruction establishes that appeals from citizens, military personnel and members of their families, officials and other persons are resolved within 30 days from the date of their registration with the prosecutor's office of the Russian Federation, and those that do not require additional study and verification - within 15 days, if otherwise not provided by federal legislation. If the established period for resolving an appeal expires on a weekend or holiday, the last day of resolution is considered to be the next working day.

Extension of this period is allowed only in exceptional cases and for no more than 30 days. What can be attributed to such cases? For example, when there is a need to conduct additional verification or request materials. The period for consideration of the application is extended by the prosecutor or his deputy with mandatory notification of the applicant.

Complaints about the actions (inaction) and decisions of the inquiry body, the investigator, the head of the inquiry unit, the investigator, the head of the investigative body, the prosecutor, as well as about sentences, rulings, resolutions and decisions of the court, including decisions made during pre-trial proceedings in criminal cases case, are checked in the manner and within the powers provided for by procedural legislation.

So, on the basis of Art. 124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor, the head of the investigative body considers the complaint within 3 days from the date of its receipt. In exceptional cases, when for verification it is necessary to request additional materials or take measures, the complaint may be considered within 10 days, of which the applicant is notified.

Subtleties of drafting

To file a complaint with the Prosecutor General's Office of the Russian Federation, you should take into account that this is still a serious regulatory body, therefore the text should not contain errors, corrections, and even more so colloquial words or curses.

The complaint must be submitted in duplicate if it is submitted in person through the office of the institution. The second copy is marked with receipt of the document.

There should be no “water” in the text, only facts, there should be no reasoning and speculation, grievances and personal, unfounded opinions of the applicant.

It is not recommended to draw up a complaint on several sheets, unless it is a collective statement. The fact is that voluminous texts are much more difficult to perceive, and as you read, they only raise unnecessary questions.

The complaint must necessarily contain the applicant’s data and contacts, otherwise the application will be regarded as anonymous, and therefore no response will be received. It is possible that the Prosecutor General’s Office will not even consider such a complaint, and this right is enshrined in law.

Requirements for an application for a prosecutor's inspection

Many are afraid to contact the Prosecutor's Office with a complaint, because they think that due to possible errors their application will not be accepted. In fact, this is a myth. Unlike a lawsuit, filing an appeal to this supervisory authority is not difficult.

When drawing up an application, you should consider the following facts:

the application will not be accepted by an authorized person of the Prosecutor's Office if it does not bear the signature of the applicant;
if you want your appeal to be considered with subsequent verification of the offender, then be sure to indicate all your contact information;
the complaint will also not be considered if you have not clearly stated the essence of the problem;
It is better to state the essence of the violation briefly;
You are guaranteed a refusal to conduct an inspection if you file a second complaint, i.e. if you have previously contacted the Prosecutor's Office in connection with the same inspection;
Appeals to this supervisory body will not be considered if they contain insults or profanity.

Internet reception

This is a fairly new service that involves filing a complaint with the Prosecutor General's Office online. At the same time, you should not be afraid that the application will not be processed, it will be considered in the general manner, and the applicant himself will be able to save time.

The Internet reception is located at ipriem.genproc.gov.ru/contacts/ipriem/. Before filing a complaint, it is recommended that you familiarize yourself with the rules for filing and filing a complaint.

All fields marked with “*” must be filled out without fail, otherwise the system will not accept the application. In cases of anonymous application, the applicant will not receive any response.

The complaint must be drawn up in Russian with a logical breakdown into paragraphs and sentences. All applicants have the right to attach additional documents, but the total amount of uploaded information should not exceed 5 MB. Almost all the most common electronic document formats are acceptable for downloading, including video and audio formats.

How to find out about the progress of your appeal

You can obtain information about the registration of the complaint (i.e., the date of its registration and registration number), as well as find out the time frame for preparing the response, the position and name of the person in charge, by calling the appropriate department of Rospotrebnadzor.

You can find out the telephone number of the help desk of a particular territorial branch of Rospotrebnadzor by using its official website.

In addition, if an unusual situation arises during the consideration of the application, Rospotrebnadzor is obliged to notify the applicant in writing.

Thus, the complainant will receive a notice:

on extending the period for consideration of the complaint (clause 2 of article 12 of law No. 59);
redirecting his appeal to a government agency whose competence includes consideration of the identified issues (Clause 3, Article 8 of Law No. 59);
the inability to read an appeal sent in writing by a citizen, if the name and address of such an applicant are still legible (clause 4 of article 11 of law No. 59);
the groundlessness of sending the appeal (clause 5 of article 11 of law No. 59);
the inability to respond to a complaint due to the inadmissibility of disclosing information constituting a secret protected by law (clause 6 of article 11);
inadmissibility of abuse of rights, for example, when sending a complaint, the text of which contains obscene language or threats (clause 4.20.4 of instructions No. 28), etc.

In addition, a citizen, upon written application, can familiarize himself with documents and materials related to the complaint under consideration, if this does not violate the rights, freedoms and legitimate interests of other persons, and also if they do not contain information constituting a secret protected by law (clause 4.23 of the instructions No. 28).

How to submit a claim

Naturally, it is best to submit your claim in person.

The main thing is that it subsequently bears the signature and seal of an authorized person, which will be evidence of its acceptance for consideration. If they refuse to accept the claim, then you need to compose a letter with a notification and a description of the attachment, and send it to the legal address of the enterprise/company/store.

The claim must be made in writing and must contain the following information:

information about the seller indicating the legal address and head of the company;
buyer information;
information about the product, as well as a detailed description of those malfunctions, defects or defects that were discovered (if we are talking about a supply agreement, then a description of the situation that led to the desire to terminate the agreement, etc.);
date and signature.

A correctly drafted claim is already half the battle. If there is no response to the claim within a clearly defined period of time, you need to collect all the necessary documents, including confirmation of sending the claim, and file a statement of claim with the court.

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Procedure and terms of consideration

After receiving a claim, the Central Office or a territorial division is required to register it within 5 days from the date of receipt, if it is drawn up in compliance with the requirements of the current legislation, and the solution to the described problem is within the scope of authority of the Federal Service. To clarify the circumstances of the incident and obtain additional information, the official has the right to make requests to other institutions and organizations, as well as to attract experts for objective assessments and conclusions that can be used when considering the case materials.

An accepted claim must be considered by the Service within 30 days after its registration. In some cases, the law provides for the possibility of extending this period once for another 1-30 days, having previously notified the applicant of a change in the consideration period.

The applicant will be notified in writing about the results of the review and the decision made to the address he indicated in the application (this can be either a postal address or an Internet box).

The procedure and time frame for consideration of a complaint by the prosecutor's office. How long does it take to consider a complaint to the prosecutor's office?

According to Article 124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor is obliged to consider the complaint within 3 days from

day of admission to the prosecutor's office. If the applicant remembered during these 3 days any other details that can be attached to the complaint, then he must report this to the office, the representative who accepted your document. Then the review period is extended to 10 days.

And appeals submitted electronically are considered within 7 days from the date of registration with the prosecutor's office.

If your complaint does not contain sufficient data to resolve the issue, the document will be returned to the complainant within 7 days. A representative of the prosecutor's office should tell you what is missing in the appeal, offer to add information, or redirect you to another authority.

Please note that complaints aimed at conducting inspections and any examinations can be considered within 1 month. The deadline must be determined by the head of the body. You must be informed about the extension of the review period.

Applications not being considered

Not all appeals received by the prosecutor's office will be accepted for consideration by employees of this structure.

The law clearly states the cases when a complaint will be left without progress:

The law does not allow for the possibility of citizen interference in the internal affairs of law enforcement agencies. Those appeals, the substance of which can be concluded as an attempt to influence the work of the prosecutor's office, will most likely be left without consideration.
Complaints containing profanity, threats and insults will also not be considered.
Senseless, illogical statements are also left without permission if the applicant has a mental disorder and, in connection with this, this citizen is recognized as incompetent by a court decision.
Complaints sent again and not containing any new arguments and evidence will not be considered.
In addition, the prosecutor's office does not consider anonymous requests.

There may be situations when the received application does not fall within the competence of this prosecutor's office.

In this case, the case may be transferred to a higher prosecutor or, conversely, to a lower division of the prosecutor's office. The appeal can also be forwarded to other government agencies (for example, to the Department of Internal Affairs).

When the appeal is forwarded, it is supplemented with a covering letter, and the applicant receives a notification of where his complaint was addressed.

Reason for contacting

Submitting a petition to the country's prosecutor general is truly a last resort when all authorities have already refused. The main functions of the Prosecutor General's Office include:

coordination of the work of the Ministry of Internal Affairs;
supervisory function over officials and law enforcement agencies at all levels;
oversight of compliance with the interests and rights of all citizens;
supervision of compliance with the requirements of legislative acts by officials;
investigation of especially dangerous crimes and socially significant offenses.

In light of this, we can conclude that it is a complaint to the Prosecutor General’s Office that will allow every citizen to protect their freedoms and rights if other authorities have refused.

At the same time, it should be understood that the Prosecutor General's Office will not conduct an investigation into individual cases of violation of rights, but it will have an impact on officials who shirk their immediate duties or are inactive.

Example of a complaint to the prosecutor's office

Prosecutor of Yeysk

353685, Krasnodar region, Yeysk,

st. Dostoevsky, 74

from Sofia Alexandrovna Ustinova,

address: 353680, Yeysk, st. D. Donskoy, 202,

tel. 7943516531652

Complaint to the prosecutor's office

I am writing to you with a complaint about the illegal actions of my neighbor, Konstantin Nikolaevich Kosov, who lives at the address: Yeisk, st. D. Donskoy, 200.

Kosov Konstantin Vladimirovich, the owner of the neighboring plot, actually changed the boundaries of the plot owned by him, seizing the territory adjacent to the plot. This land is not used by anyone and is in municipal ownership. However, through this area the population of our area went down to the river and picked berries. Kosov K.V. illegally erected a fence (fence), thereby enclosing land that is not his property. In addition, he began to illegally erect a building on this land.

Such unfair actions violate the principle of combining the interests of society and the legitimate interests of citizens. Spontaneous seizure of land is not permitted. In accordance with Art. 9 of the Constitution of the Russian Federation, land represents the basis for the life and activities of the peoples living in the corresponding territory. At the same time, ownership and use of land should not violate the rights and legitimate interests of other persons.

Article 16 of the Land Code of the Russian Federation stipulates that land plots that are not owned by citizens, legal entities or municipalities are state property. I believe that such actions by the owner of the land plot at the address Yeysk, st. D. Donskoy, 200, violate the principles of state regulation of land legal relations and violate the rights of other citizens of the Russian Federation.

Based on the above, guided by the Federal Law “On the Prosecutor’s Office of the Russian Federation”, I ask you to check for compliance with the legislation of the Russian Federation the legality of changing the boundaries and area of the above-mentioned land plot, to involve Kosov K.V. to the responsibility provided for by the legislation of the Russian Federation, oblige the Administration of the city of Yeysk to issue an order to demolish the unauthorized building and return the fence to its original location.

01/15/2017 Kishineeva M.A.

Main areas of activity of the Prosecutor General's Office in 2021

Today, the range of issues dealt with by the Prosecutor General's Office of the Russian Federation is quite wide. If we highlight the list of the main problems and priority areas of work of this department, it will look like this:

Implementation of state supervision over compliance with the laws of the Russian Federation;
Fight against corruption;
Protection of state interests in the defense sector;
Protecting business freedom;
Coordination of anti-crime activities;
Ensuring economic security;
Challenging illegal and unfounded judicial acts;
Countering terrorism and extremism.

When a complaint may not be accepted

In conclusion, it is worth describing cases when your complaint may not be accepted at all. That is, those situations when, after studying the document, prosecutors refuse to open a case. The list of grounds for refusal is very long:

The complaint was made with errors, there are serious corrections and numerous erasures;
The complaint is not drawn up in accordance with the standard template provided by law;
The complaint contains unconfirmed information and speculation that is not relevant to the case;
The text of the complaint contains insults or profanity, or is completely unreadable due to grammatical errors;
There are contradictions or incorrect information in the text of the complaint;
The complaint does not contain any offense, or the crime committed is not being considered by the prosecutor’s office;
The necessary documents and evidence were not attached to the complaint.

In this case, the period for consideration of the application by the prosecutor's office is not counted at all, and the complaint is returned to the applicant with an explanation of the reason for the refusal.

Procedure for filing a complaint

Not a single regulatory act of the country provides for a sample complaint to the Prosecutor General's Office of the Russian Federation; however, the text of the document must meet certain requirements.

Required blocks:

Document header. The recipient of the complaint and the sender are indicated here. It should be remembered that anonymous applications are not considered by the Prosecutor General's Office.
Contents: “Complaint.”
The main part of the document should contain information about which bodies and which rights were violated. That is, a brief description of the current situation.
Next, specific demands should be put forward, that is, what the applicant wants to receive in the end, after considering the complaint.
Demands can now be made regarding the desired measures to be taken against the official who has violated rights or failed to act. These may be disciplinary measures or specific actions that the official is required to carry out.
At the end of the text, it is necessary to describe the list of documents that are attached and confirm the facts stated in the complaint.

At the very end, the complaint is dated and signed by the applicant with a transcript of his full name.

Can the applicant view the verification materials?

Upon completion of the inspection, the applicant is given the right to familiarize himself with the case materials.

To do this, you must contact the prosecutor with a corresponding application.

A decision is made to provide the citizen with verification materials or to issue a reasoned refusal. The applicant receives written notification of this decision within ten days.

The reason for refusal may be, for example, the content of information in documents that constitutes a state secret.

Complaints received by the prosecutor's office are an important element of monitoring the implementation of legislation in the country.

Therefore, every citizen should have information about the procedure for writing an application.

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Comments:

Topic Rospotrebnadzor

Sergey Biktimirov, I sympathize with you, but you have no right to DEMAND this from the RPN. Moreover: Rospotrebnadzor is not obliged to protect specifically and only your rights.

This is a controlling organization and its functions do not include fulfilling consumer requirements.

The general scheme (it worked in relation to other bodies - will it work here too, why is Rospotrebnadzor worse?) is as follows: you apply for the first time, in writing, with notification of receipt - they are silent - a month later you apply again, indicating that the application is repeated - they are silent - you complain to a superior - there is a chance that they will answer, if not - you complain to the prosecutor’s office, ask to check the legality of the non-consideration of your appeal - this is where everything starts to spin

There is one important point: exactly which department of Rospotrebnadzor did you write to? because if you immediately write to high authorities, then some time will be spent on getting your complaint down