The work of law enforcement agencies begins from the moment they receive information about a criminal crime or administrative offense. Such information may be revealed during the investigation of the circumstances of another case, receiving a telephone call from victims or witnesses, or if a statement is sent to the police.
When contacting the police department in person, the police officer independently fills out an application form, or it is possible to pre-register a complaint, which is transferred to the police officer.
Writing a statement to the police is not difficult, but you must follow a number of established rules. It should be understood that the further fate of the complaint depends on the information contained in the appeal. Having considered the application, the employee of the Ministry of Internal Affairs makes one of the following decisions:
- initiation of a criminal case (by entering information about the committed act into the Unified Register of Pre-trial Investigation of Cases);
- registration of administrative material (if a violation qualified under an article of the Code of Administrative Offenses has been identified in the actions of the perpetrators);
- drawing up an official response, which states that there is no element of legal misconduct in the actions of the perpetrators (for example, if the dispute has to be resolved in court as part of civil proceedings).
After reading the answer, the citizen can also perform one of the following actions:
- complain about the police officer’s inaction to the prosecutor’s office (but first you need to make sure that the response to the statement was formal and not in accordance with reality);
- contact the higher management of the police department (for this there is a schedule of visiting days for department heads);
- come in person to the city department to fill out a new application, but with the help of a police officer.
Important! In 30% of cases, police officers are faced with the absence of the applicant’s contact information or their incorrect registration. You need to write a phone number where you can contact the applicant.
To avoid delays, as well as related difficulties, it is better to use a sample application to the police.
In what cases is it advisable to write a statement to the police?
As noted above, contacting the police is the main basis for starting proceedings (regardless of whether a crime or an administrative offense has been committed). Therefore, in all cases of committing an illegal act, you must contact law enforcement agencies as soon as possible.
The success of the case consideration depends on the timeliness of the application. In the event of an attack and bodily injury, an urgent forensic medical examination is necessary to establish the severity of the existing injuries. If property theft is detected, immediate action will help identify places where valuables are sold. In case of loss or loss of your passport, you must report the invalidity of the document as soon as possible.
According to the rules on how to file a complaint about a violation to the police, it is established that not only victims, but also eyewitnesses, witnesses and other citizens who become aware of the committed offense can apply to the departments of the Ministry of Internal Affairs.
Where to go
This type of influence, such as a complaint, is most effective if we are talking about a tenant. In this case, it is enough to contact the legal owner of the home to explain the essence of the problem.
In another situation, when the violator and the owner are the same person, the situation may become somewhat more complicated. However, even here you shouldn’t leave everything to chance. It is also recommended to prepare a complaint, but first pay attention to the authority where it will subsequently need to be submitted.
The choice of the structure responsible for considering such cases directly depends on the nature of the violation and conflict. This point is worth studying in more detail.
Complaint to the district police officer
Typically, a complaint against neighbors to the district police officer is filed in case of systematic disturbance of silence at night, drunkenness, or smoking on the landing. Moreover, most often we are talking about dysfunctional neighbors with dubious activities - alcoholics, drug addicts.
Before filing a petition, you should record noise, music, loud conversations on a voice recorder, in other words, record the moment the violation occurred. The complaint must be reviewed within 3 days.
If immediate influence on neighbors is required, it is permissible to contact the police. Moreover, it is best to draw up a collective statement with the signatures of residents of several apartments.
In such situations, law enforcement officers react quite quickly, go to the scene and draw up a protocol. If the neighbor does not calm down, he may be issued a fine.
Visit to Rospotrebnadzor
Expert opinion
Morozov Ivan Severinovich
Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.
Contacting Rospotrebnadzor or the SES (sanitary and epidemiological station) may work if a neighbor maliciously violates sanitary and epidemiological standards. For example:
After the application, Rospotrebnadzor employees will conduct an inspection and take measurements, based on the results of which the resident will be issued an order to eliminate the source of the violation.
Complaint to the Criminal Code or to the Housing Inspectorate
It is recommended to contact the housing inspectorate if the neighbors have created a veritable menagerie in the apartment or have carried out illegal work to redevelop the common area. For example, they installed a door that made it difficult to enter other rooms.
A violation will be interpreted as an unauthorized seizure of square meters, therefore, most likely, the tenant will be forced to liquidate such a structure.
But you should submit an application to the management company if:
- a neighbor leaves trash on the landing;
- the common area is cluttered with personal belongings;
- there is periodic flooding by residents from above;
- The fact of illegal redevelopment of a home was recorded, affecting load-bearing walls, communications, basements or attics.
In general, if there is a safety violation, it makes sense to contact the fire department. For example, if the homeowner installed any structure, thereby blocking the emergency exit.
Contacting the administration
Of course, it is extremely unlikely that administration officials will take into account a complaint about a troubled neighbor. Unless the appeal is repeated and collective. In this case, it is worth contacting law enforcement agencies at the same time.
Moreover, it is noted that most of all, a complaint to the administration shows effectiveness if we are talking not about an apartment building, but about a land area.
Submission rules
The provisions of the Criminal Procedure Code, as well as departmental orders and instructions, stipulate that every complaint received by police officers must go through the registration procedure. That is, inspectors of duty units, district police officers, investigators, operational officers and employees of other departments can equally accept requests.
As for the rules for submitting an appeal, you must follow the following wishes:
- the application must be drawn up on an A4 sheet in printed form (complaints written by hand are allowed, but due to handwriting and errors, there may be cases of incorrect interpretation of what is written);
- be sure to indicate the personal information of the applying citizen, as well as contact information;
- a signature and date of application is required;
- if a duplicate of the application is sent to other authorities, then this is also indicated.
You can submit a complaint in one of the following ways:
- in person to the duty station or office of the local police department (located at the place of registration or at the place where the crime was committed);
- postal services;
- through a representative acting under a notarized power of attorney.
Sample applications
Let’s move on from theory to practice and consider the features of filing the most common applications.
Application for a job
By law, it is not necessary to write an application when applying for a job. But sometimes you may be asked to write it for reporting or data collection in order to draw up an employment order based on this document.
The addressee may be the head of the organization or the head of the human resources department. In the text of the application, indicate the proposed position and date of hire.
Additionally, you can list the documents that you submit along with the application: TIN, work book, certificate of compulsory pension insurance, diploma, military registration documents.
Application for another paid leave
This is a request for annual paid leave. The application must be written if your organization does not have a vacation schedule or if your vacation schedule is scheduled for an inappropriate time.
Application for leave must be submitted two weeks before the date of expected departure.
Application for maternity leave
This statement is written by women before going on maternity leave. The text must indicate the duration of the vacation, according to the terms from the sick leave certificate for the antenatal clinic. The latter, by the way, must be attached to the application.
Application for leave at your own expense
In this case, the employee requests several days of leave without pay. Additional documents may be attached to the application to confirm that administrative leave is indeed necessary.
When you are going to take several days off, for example, for family reasons, you also need to write an application for unpaid leave. The second option is to write an application for a day off on account of paid leave.
Application for resignation
The employee requests termination of the employment contract between him and the employer. In the reasons, you can indicate that this is dismissal at your own request, by agreement of the parties, or at your own request without working off. Lifehacker has a separate article on the nuances of competently drafting a resignation letter.
Application for academic leave
Academic leave is granted in exceptional cases: for health reasons, difficult family circumstances or other reasons. Therefore, in your application you need to not only ask for leave, but also explain why you need it.
Please indicate the availability of additional documents. For example, certificates from the hospital.
How to write a statement to the police
Even when drawing up the most competent statement, police officers always have questions for the victim. This is due to the fact that sometimes even the most insignificant detail can affect the qualification of a criminal act. Therefore, after receiving an application for execution, the applicant is invited to the police department for a personal interview.
Knowing how to correctly write a statement to the police, a citizen will be able to speed up the process of considering the complaint. So, you should follow these rules:
- the complaint consists of several mandatory parts, each of which must be described;
- in the “head” of the appeal, the title and name of the head of the police department to which the petition is sent are first indicated (you can find out such information by calling the duty station);
- The personal data of the applicant is indicated below;
- be sure to indicate the name of the document: “statement of offense”;
- plot, which displays a brief essence of the act (date and place of commission);
- a detailed description of the events (indicating the number of victims and victims, the nature of the illegal actions, as well as the harm caused);
- the “please” section, which displays a request to find the perpetrators and bring them to legal responsibility.
If a property crime has been committed (theft, robbery, robbery, fraud and other types of theft), then it is necessary to provide a list of stolen valuables, copies of documents on their purchase and photographs (if possible).
Attention! The legislator does not limit the period during which the victim can report a crime, but it is better to do this within the next three days, which significantly increases the chances of solving the case.
General design rules
General requirements for written appeals are set out in Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation.” Based on it, as well as generally accepted business practice, the application consists of five details:
- Information about the addressee and applicant.
- Title of the document.
- Formulation of a request or proposal.
- Date of application.
- Signature.
Information about the addressee and applicant
In the upper right corner you must indicate to whom this statement is intended and, in fact, from whom it is.
Addressee information
Since the application is an official document, we write it not just to a person on the street, but to an official. Therefore, we make sure to indicate:
- Addressee's position.
- Name of the organization.
- His first name, patronymic and last name.
The name and position of the addressee must be written in the dative case (we ask ourselves the question “to whom?”). For example, director Petrov or rector Ivanova.
Applicant information
In the information about the applicant, most often it is enough to simply indicate your last name and first name. When necessary, you can supplement with an indication of your position or status. We indicate this data in the genitive case (we ask ourselves the question “from whom?”).
Disputes often arise about whether it is necessary to put the preposition “from” in the line about the applicant. That is, which is correct: “Ivanova Maria” or “from Ivanova Maria”? Both options are valid.
The traditional form is to write without a preposition. But try reading the entire sentence - a series of first and last names sounds quite confusing. With a pretext this problem does not arise: it is immediately clear to whom and from whom.
Title of the document
It would seem that there is nothing difficult about simply writing a “statement.” However, there are some nuances here too. The most common question: should I write this word in capital or small letter? There are three valid spellings here.
With a lowercase letter at the beginning of the line and a period after the word
Traditional way of design. In this case, information about the addressee and applicant and the title of the document are considered one sentence.
Capitalized without a dot at the end
When you write the word “statement” in the center of the paper, it becomes the title of the entire document. And the same rule applies to it as to other headings: the first letter is capital, and there is no period at the end.
In capital letters without a dot at the end
The same rule applies here as in the previous paragraph. In the center is the title of the document, which means there is no need for a period at the end. This type of spelling is usually found if the text is typed on a computer rather than written by hand.
Formulation of a request, complaint or suggestion
This part starts with a red line. You are writing a statement for a specific purpose and must explain here exactly what you want from the addressee. Describe the reason for your request, your request, your arguments.
The wording is not limited by any rules, but vernacular language will look inappropriate here.
Try to adhere to a formal business style. Express your thoughts simply and concisely.
To justify the fairness of your request, you can attach additional documents to the application and refer to them in this part.
Date of application
Typically, the filing date is indicated immediately after the statement of the essence of the application and is aligned to the left.
You can also indicate the date immediately after the name of the document.
Signature
The signature on the application is always put manually, even if you filled out everything else on the computer. It is aligned to the right.
Registration
There are several ways to register a complaint with law enforcement agencies. The registration method depends on how you decided to file a police report. When sending a complaint by mail, the letter undergoes mandatory registration in the journal of incoming correspondence with the obligatory assignment of a personal number to the document.
When sending an application personally to the duty station, the application is drawn up in a special form, after which information about it is entered into the log of incoming requests. Additionally, a tear-off registration form is filled out and given to the applicant. The counterfoil displays the registration number and date of receipt of the application. This information allows you to obtain information in the future about the progress of the review of the application.
Result of consideration
First of all, the UUP is obliged to conduct a conversation with the neighbor who is violating the law and, if the information specified in the complaint is confirmed, make a decision to bring the violator to justice. As part of his work, he has the right to:
- Check the documents of the offender to establish his identity.
- Conduct interviews (including the offender and witnesses) to clarify the information specified in the application. These persons may be questioned at their place of residence or invited to the police station.
- Draw up an act that records the established facts.
The outcome of the review may vary and is not always positive for the applicant. As a result, the following options are possible:
- Providing an oral or written response. Once an appeal has been accepted and processed, you can count on eliminating the factors that were the basis for filing it and bringing the offender to justice.
- Notice of refusal to initiate proceedings, indicating the rationale for such a decision.
- Referral to other authorities.
Time limit for processing a police complaint
After changes were made to the current legislation, the period for consideration of accepted applications also changed. Thus, it is customary to allocate the following time frames:
- 3 days – the deadline for appointing an executor upon application and deciding whether the actions of the guilty persons constitute a criminal offense;
- 24 hours is the period of time during which information about a criminal offense must be entered into the unified register of pre-trial investigations;
- 10 days – making a decision on administrative materials.
Unfortunately, today the period of investigation of criminal cases is not limited by strict time frames, so the investigation into a complaint can last from several weeks to several years.
Important! The time frame for making a decision on the materials also depends on the jurisdiction.
Thus, only those police units in whose service territory the act was committed are authorized to investigate cases. Therefore, having received an appeal, the police officer prepares the material for transfer under jurisdiction to another body (city or region), which also increases the time for making decisions on appeals.
Form and required details
The rules for issuing a power of attorney to represent the interests of legal entities are enshrined in Chapter 10 of the Civil Code of the Russian Federation. In accordance with them, a power of attorney to represent interests in the Russian Guard and other government agencies is drawn up in writing. The document must indicate:
- date of issue, without which it is invalid (clause 1 of Article 186 of the Civil Code of the Russian Federation);
- full information about the principal (full name, legal address, manager’s details);
- information about the attorney (last name, first name, patronymic, passport details, address);
- data on the powers granted;
- signature of the attorney, certified according to the rules;
- if necessary, a list of bodies in which the powers of the attorney are exercised.
The document is signed and sealed (if there is one) by the head of the company. A sample signature of the attorney is placed on a separate line, where he writes his full name by hand. and puts a personal signature.
IMPORTANT!
The validity period of the power of attorney is not required. By virtue of Art. 186 of the Civil Code of the Russian Federation, without specifying the period, the document is valid for one year.
What to do when a criminal case is refused
The reason for refusing to initiate a criminal case may be the insufficient amount of evidence and information provided; also, having studied the application, the case was considered hopeless. To appeal a decision or refusal, you should file a complaint with the investigative committee and the prosecutor's office to check the actions of the police. They indicate:
- data of employees who refused to initiate a case
- controversial reasons for refusing to investigate
- provide additional information about the crime
In this case, two applications are submitted, the first to the prosecutor's office, the second is returned with a note to the applicant.
Time limits for initiating criminal proceedings
The prosecutor is obliged to initiate a criminal investigation no later than one day from the date of registration of the statement in the journal. After this, pre-trial proceedings begin.
Important fact
Very often, police officers ignore submitted applications. In this case, the actions of the police officer can be condemned in court within 120 hours after the required day has passed since the registration of the incident.
Unfortunately, employees of rights protection bodies do not always honestly perform their duties. Violations may begin literally before the filing of the application and continue later. In order to bring the matter of protecting civil rights to its logical conclusion and force offenders to be punished, you should know exactly your own rights, as well as what rights internal affairs officers do not have.
Initiator of criminal proceedings
The initiator of the investigation can be investigators from the police department, investigators from the prosecutor's office, employees of crime departments, employees of the tax department and other special services.
Important fact
If, while the victim is in the department, employees allow themselves to be rude to him or behave inappropriately, he should turn on the voice recorder and video recording. He has every right to preserve such records and make them public, as this does not contradict the principles of law enforcement agencies.
If a police officer evades his professional activities in every possible way, appeals to the end of the working day or the futility of the investigation, the victim should remind him of Article 144 of the Code of Criminal Procedure of the Russian Federation, which talks about the round-the-clock work of internal affairs bodies and contact higher authorities.
