Documentation of requests, proposals, and demands of citizens applying to official authorities occurs through statements. The application, being an official form of application, does not have a unified form, since there can be many reasons for applications. All the variety of situations is reflected in a document written in free form. The expression “free form”, however, does not mean that any text-appeal can be accepted by official authorities. Let's look at how to correctly compose a free-form application and give a few examples for clarity.
- Form and sample
- Free download
- Online viewing
- Expert tested
FILES
What is hooliganism from a legal point of view?
In the text of Art. 213 of the Criminal Code of the Russian Federation one can find the following definition:
Hooliganism is a gross violation of public order, expressing clear disrespect for society.
The following must be kept in mind:
- In this case, a gross violation of public order means any actions that cause significant harm to such order (for example, disruption of a mass event or disruption of transport);
- A mandatory sign of criminal hooliganism is the use of weapons or objects used as weapons - this could be, for example, a baseball bat, an ax or a piece of rebar (an exception is possible only if we are talking about hooliganism based on racial, political or religious enmity);
- Another distinctive feature of hooliganism is that this crime is committed publicly and openly - for example, in the presence of visitors to public places;
- The crime is considered completed from the moment the hooligan acts are committed.
Grounds for filing a complaint to the district police officer against neighbors
The reason for filing a complaint and submitting it to the district police officer is a violation of the law providing for administrative liability. This could be noise at night, including listening to loud music, smoking on a common balcony, hooliganism, or even violating traffic rules, for example, illegal parking in the courtyard of a residential building.
If your neighbor has committed a crime, then in this case you can contact the local police officer, but with a statement.
Types of hooliganism in the Criminal Code of the Russian Federation
The qualifying signs of hooliganism are provided for in Part 2 of Art. 213 of the Criminal Code of the Russian Federation:
- Hooliganism on public transport (land, water, air);
- Hooliganism motivated by hatred towards any social group;
- Hooliganism motivated by political, ideological, racial, national or religious hatred or enmity;
- Hooliganism with the use of weapons (or objects used as weapons);
- Hooliganism associated with resisting a person performing duties to protect public order;
- Hooliganism associated with resistance to a representative of authority;
- Hooliganism committed by a group of persons by prior conspiracy;
- Hooliganism committed by an organized group;
- Hooliganism committed with the use of explosives or explosive devices.
What is "free form"
The concept of free form refers not to the entire document, but to that part of it in which the appeal is directly stated. The applicant formulates and writes down the essence of the application in his own words without using template phrases and expressions. This form allows you to make the description of the problem more complete and take into account all its nuances.
At the same time, it is necessary to maintain a business style and indicate factual information that is necessary for making a management decision.
The application excludes:
- colloquial slang (example: “You are my dear man! Help, be so kind!”);
- profanity (example: “... because some idiot from the mountain decided to put up a fence...”);
- the use of elements of a different style, for example, special scientific terms (example: “As a result of abduction, the commission put forward the following proposals...”).
It is also highly advisable to avoid careless writing and grammatical errors. The text must be compiled in such a way as to exclude double interpretation.
Current legislation does not contain comprehensive requirements for such a statement. Federal Law No. 59 dated May 2, 2006 “On the procedure for considering citizens’ appeals” establishes that, as a general rule, the application should contain:
- name of the body, full name the official or position of the person to whom the application is addressed;
- FULL NAME. applicant, patronymic is indicated if available;
- postal address where the response to the appeal should be received;
- the essence of the document;
- personal signature of the applicant;
- document date.
If the specified information is available, the application must be accepted for consideration.
If the application was sent electronically, the email address must also be indicated. If it is necessary to explain the stated facts and confirm them with documents, relevant materials are attached to the application (according to the text of Article 7 of the Federal Law No. 59).
On a note! The law does not require a telephone number or other operational means of communication with the applicant. When accepting a document, the applicant can only be advised to do so.
It is optimal to place the text on one page of A4 sheet for ease of perception of information. It can be printed or handwritten. When writing an application, you must be guided by the current GOST (R 7.0.97-2016) and leave margins in the document: the left, top and bottom must be at least 2 cm, and the right - from 1 cm.
Hooliganism and petty hooliganism: what is the difference?
In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives”, illegal actions that were committed:
a) by persons not bound by a preliminary conspiracy and who did not use weapons, b) not for reasons of political, racial, national or other hatred or enmity
do not form a crime under Art. 213 of the Criminal Code of the Russian Federation. If there are grounds for this, such actions can be qualified as petty hooliganism (Article 20.1 of the Code of Administrative Offenses of the Russian Federation).
Examples of petty hooliganism:
- Obscene language in a public place;
- Bad behavior;
- Damage and/or destruction of someone else's property;
- Discharge of natural necessities in public places;
- Telephone hooliganism, etc.
How to correctly write a collective statement, complaint, claim against neighbors
A complaint, like any other appeal made by a team, differs from an individual one in that the problems indicated in it, as a rule, are resolved more quickly. This appeal is suitable for residents of apartment buildings, since even if neighbors violate the rules of law, then these violations interfere with at least several residents.
To eliminate violations, it is necessary that the appeal be accepted, and it will be accepted when it is correctly drawn up. A properly drafted collective complaint must contain:
- Information about the addressee. The appeal can be sent to various authorities and it is important to determine which of them is competent in solving the problem that has arisen.
- Information about the applicant. In the case of a collectively compiled document, there is no need to list all full names and passport details. It will be enough to indicate that the appeal was written by the residents of a particular apartment building, their names and signatures.
- The name of the document is a complaint or statement.
- The bottom line. It is necessary to briefly outline what and how the neighbors violated, and it will be useful to refer to specific articles.
- Application. It is issued if the residents have concrete evidence of unlawful acts committed by their neighbors.
- Date of preparation.
- Full name of each resident who supports everything stated in the appeal and his signature.
A little more attention needs to be paid to the collective claim against a neighbor. It is sent to the violator himself and you should not expect any legal consequences or changes on the part of the neighbor, since in essence this is informing the tenant that he is violating the rights of other persons. This document will be very useful if the case goes to court.
In all types of appeals, it is not allowed to threaten anyone with any action, otherwise the complaint, statement or even claim will simply not be considered.
How to write a statement about hooliganism in 2019?
Are you planning to draw up and file a criminal complaint yourself? Then do not forget that such a statement must indicate:
- Name of the territorial police department;
- Full name and title of the head of the department;
- Full name of the applicant (please note - according to Article 141 of the Code of Criminal Procedure of the Russian Federation, an anonymous statement to the police cannot serve as a reason for initiating a criminal case);
- The applicant's address and telephone number;
- Information about the crime/offense committed;
- The applicant’s demands (for example: “I ask you to conduct a check on the facts I have indicated, identify all the guilty persons involved in the case and initiate criminal cases against Ivanov I. I. born in 1990 and other guilty persons in accordance with the Criminal Code of the Russian Federation”);
- Date of contact with the police.
Note! The application must be signed either by the victim himself or his legal representative.
Typical mistakes when filing a police report:
- The application is not legible - for example, it is written in illegible handwriting or contains too many errors;
- Lack of name, contact details or signature of the applicant;
- Excessive or, conversely, too brief statement of the circumstances of the case;
- The presence of obscene expressions or threats in the text of the application;
- Appeal to the wrong address: for example, the applicant submits a statement of hooliganism not to the police, but to the prosecutor's office.
Sample statements of claim
If you want to prepare and submit an application to the court yourself, and are confident in your abilities and knowledge, we are giving you a gift - free samples of statements of claim to the court on the most common problems that arise for our clients. These samples are used for template situations and do not imply an integrated approach, which is needed in the case of complex situations and non-standard problems.
However, if you are sure that your problem is simple and trivial, you can use a template statement of claim to the court, or an application to government agencies. Our lawyers have prepared samples for you that will definitely be accepted by a court or government agency. Determine the category of your claim, use our convenient scheme to find a claim related to your problem and download it to your computer for free.
If you have any questions or difficulties in preparing a statement of claim, you can call the phone number or write on WhatsApp to make an appointment with a lawyer. We are always ready to help.
Alimony
Statement of claim for arrears of alimony Statement of claim for penalty for alimony Statement of claim for recalculation of the amount of alimony Statement of claim for divorce, division of property and collection of alimony Statement of claim for alimony for an adult child Statement of claim for alimony for the maintenance of a former spouse Statement of claim for exemption from payment alimony arrears Statement of claim for an increase in the amount of alimony Statement of claim for a reduction in the amount of alimony Statement of claim for the cancellation of alimony Statement of claim for the division of alimony Statement of claim in a fixed sum of money Statement of claim for the recovery of alimony for parents Statement of claim for the recovery of alimony without registering a marriage Statement of claim for recovery child support Statement of claim for alimony without divorce
Rent
Statement of claim for termination of the lease agreement and collection of rent
Seizure of property
Statement of claim for the release of property from seizure
Reinstatement
Statement of claim for reinstatement and compensation for moral damages
Compensation for harm
Statement of claim for compensation for harm caused to a citizen
Move-in/Check-out
Statement of claim for moving into residential premises Counter-claim for moving in Statement of claim for eviction from a hostel Statement of claim for eviction of tenants, temporary residents Statement of claim for eviction of a cohabitant Statement of claim for eviction Claim for eviction without the provision of other living quarters
Children
Statement of claim for the recovery of funds for child support Statement of claim for raising a child Statement of claim for restoration of parental rights Statement of claim for deprivation of parental rights Statement of claim for the procedure for participation in raising a child Statement of claim for the division of children Statement of claim for permission to leave the child abroad Statement of claim on restriction of parental rights Statement of claim to determine the child’s place of residence Statement of claim to challenge paternity Statement of claim to cancel adoption Statement of claim to establish paternity Statement of claim to remove obstacles in communication with the child
Compensation for harm
Statement of claim for compensation for harm caused to a citizen Statement of claim for compensation for moral damage
Agreement
Statement of claim for termination of contract
Debt, indebtedness
Statement of claim for collection of debt under a loan agreement Statement of claim for collection of debt under a loan agreement Statement of claim for collection of arrears of rent Response to the statement of claim for collection of debt
Living space
Claim for recognition as having lost the right to use residential premises Claim for recognition as having lost the right to use an apartment Claim for determining the procedure for using residential premises Statement of claim for allocating a share in an apartment Statement of claim for recognizing those in need of improved housing conditions Statement of claim for providing separate living space Statement of claim for determining the procedure use of an apartment Statement of claim to eliminate obstacles to the use of residential premises
Will
Statement of claim for invalidation of a will Statement of claim for invalidation of a will and certificate of inheritance
Bay
Claim for compensation for damage caused by flooding of an apartment Statement of claim for flooding of an apartment
Salary
Statement of claim for recovery of wages Statement of claim for recovery of salary and monetary compensation for delayed salary Statement of claim for recovery of salary upon dismissal
Reclamation
Statement of claim for recovery of property from someone else's illegal possession
To the developer
Statement of claim against the developer
Incapacity
Statement of claim for recognition as incompetent
Penalty
Statement of claim for the recovery of a penalty in connection with violation of the terms of work Statement of claim for the recovery of a penalty in connection with the delay in fulfilling an obligation under the contract Statement of claim for the recovery of a penalty for violation of the deadline for transferring rental payments
Enrichment
Claim for unjust enrichment
Redevelopment
Statement of claim for redevelopment of residential premises Statement of claim for preservation of the premises in a redeveloped state
Construction
Statement of claim for recognition of ownership of an unauthorized building Statement of claim for demolition of an unauthorized building
Consumer
Statement of claim for the protection of consumer rights and recovery of moral damages Statement of claim for termination of the sales contract Statement of claim for termination of the contract, collection of penalties and compensation for damages Statement of claim for the exchange of defective goods
Ownership
Statement of claim for recognition of ownership rights by inheritance Statement of claim for recognition of ownership rights by way of privatization Statement of claim for state registration of transfer of ownership Statement of claim for ownership of a house Statement of claim for ownership of an apartment Statement of claim for recognition of ownership of a building Statement of claim o recognition of ownership of a plot Statement of claim for recognition of ownership of a car Statement of claim for recognition of ownership of a garage Statement of claim for recognition of ownership of a share of an apartment Statement of claim for recognition of ownership of a claim Statement of claim for recognition of ownership of real estate
Prize
Statement of claim for recovery of unpaid premium
Privatization
Statement of claim for recognition of the right to privatize residential premises Statement of claim for invalidation of a transaction regarding the privatization of residential premises Statement of claim for division of a privatized apartment
Employer
Statement of claim for the recovery of a non-issued work book and other documents upon dismissal
Divorce
Claim for compensation for damage after a marriage was declared invalid Claim for recognition of a marriage as invalid because the spouses are in another marriage Claim for recognition of a marriage as invalid due to a venereal disease Statement of claim for the invalidity of a marriage entered into without consent Statement of claim for the recognition of a divorce as invalid Statement of claim for recognition of a fictitious marriage as invalid Statement of claim application for dissolution of marriage and division of property Statement of claim for dissolution of marriage, divorce Statement of claim for dissolution of marriage, division of property and collection of alimony
Regression
Statement of claim for recovery by way of recourse
Spouse support
Claim for spousal support
Labor Relations
Statement of claim for the conclusion of an employment contract Statement of claim for recognition of the relationship as an employment relationship
Dismissal
Statement of claim for declaring illegal dismissal from the police Statement of claim for declaring illegal dismissal of a military personnel Statement of claim for declaring illegal dismissal from internal affairs bodies
Removing Obstacles
Statement of claim to remove obstacles to the use of property
Damage
Statement of claim for recovery of moral damage Statement of claim for recovery of material damage from an employee Statement of claim for recovery of damage caused to a car Statement of claim for recovery of damage caused to minors Statement of claim for compensation for damage caused by flooding of apartments Statement of claim for compensation of damage caused to property Statement of claim for compensation for damage caused by a crime Statement of claim for compensation for damage caused by fire Response to a statement of claim for compensation for damage
Where to file a complaint about hooliganism in 2019?
In accordance with the current legislation of the Russian Federation, a statement about a crime or offense can be submitted to any territorial body of the Ministry of Internal Affairs of Russia - regardless of both the place of residence of the victim and the place where the crime was committed.
That is, if a Moscow resident becomes a victim of a crime while on vacation in Sochi, he has the right to file a complaint with the Moscow OVD (Internal Affairs Department).
How to find the nearest police station? The necessary information can be found on the official website of the Ministry of Internal Affairs in your region:
Departments of the Ministry of Internal Affairs of Russia in Moscow districts
Directorates and departments of the Ministry of Internal Affairs of Russia of the regions of St. Petersburg
Police departments of the Russian Ministry of Internal Affairs for the city of Krasnodar
Basic rules for registering statements of crimes and offenses in internal affairs bodies:
- Applications from citizens are accepted 24 hours a day;
- Waiting areas at the territorial police department must be equipped with tables and chairs - to make it possible to draw up a statement;
- At the request of the applicant, police officers are required to provide him with paper and pen;
- Each accepted application must be registered in a special accounting book.
Note! The decision to initiate a criminal case (or to refuse to initiate a criminal case) must be made within 3 calendar days from the date of registration of the statement of crime.
Actions of a district police officer after receiving a (collective or individual) complaint
After receiving a complaint, in accordance with Order of the Ministry of Internal Affairs of Russia dated March 29, 2019 No. 205 “On the performance of service by the local police commissioner in the administrative area served and the organization of this activity,” the local police officer is obliged to transfer it to the territorial department of the Ministry of Internal Affairs for registration of the complaint. He cannot deal with it directly until the manager instructs him to deal with this complaint.
After instructions from higher authorities, the district police officer begins to consider the complaint. If during the inspections facts of violation of the law arise, the district police officer draws up a report, where he describes everything in detail and sends it to the territorial department of the Ministry of Internal Affairs.
What consequences are possible if a complaint is filed against a neighbor, incl. collective
The legal consequences caused by this document are based on the norms and rights that were violated by the neighboring tenant, that is, a specific punishment is provided for a specific violation, for example, a fine, suspension of activity, administrative arrest.
If the police don't act
Cases of inaction by this law enforcement agency on citizens' appeals are not that rare. Employees can send the applicant a regular unsubscribe so as not to deal with the appeal, and they may even lose it. In such cases, a violation of the citizen’s rights occurs and it is necessary to write a complaint again only to higher authorities.
The first step is to write a complaint to the head of the police department about violations of their rights by his employees.
If the management is as negligent in the performance of their official duties as the employees, then the appeal should be sent to the territorial department of the Ministry of Internal Affairs.
If they couldn’t help you in any way, there’s a direct route to the prosecutor’s office. Usually, after contacting these authorities, police officers begin to perform their duties properly again.
Collective complaint about noisy neighbors of drunks to the police, sample and form
An example of a complaint about noisy alcoholics from a neighboring apartment can be downloaded from our link. ⇐
There is no form for such an appeal, since the complaint is drawn up in free form.
The issue is discussed in more detail in our article, in which we tell you how to properly deal with neighbors who are drunks and rowdies, and where to complain.
Application to the prosecutor's office against noisy neighbors who are drunks, sample
A sample application to the prosecutor's office can be downloaded from the link. ⇐
Statement to the district police officer against neighbors for insulting
Application sample. ⇐
Statement to the district police officer regarding neighbors smoking in the hallway
Sample document for combating tobacco lovers:
Click to enlarge and download.
Briefly
- The application does not have a single unified form and can be written in free form.
- The free form of the document is reflected in the main part, describing the reason for the written request. Other required blocks of the document are information about the addressee, applicant, date, signature. They are formalized strictly according to the rules of office work. The use of the name is considered correct.
- A free-form application must be written concisely, to the point, using business writing style, by hand or using a PC.
- Documents confirming its contents may be attached to the free-form application.
- Submit the application to the office in person or by registered mail with notification. In connection with the development of computer technology, the possibilities of electronic transmission of applications using an electronic digital signature instead of a physical signature are expanding.
What needs to be specified?
The applicant should not indicate the qualification of the offense on the form, as this is done by the investigative authorities during the verification process.
If you know who committed the robbery, be sure to include this information along with the full name and possible address of the offender. If there are witnesses to the incident, it is also important to provide their personal information.
In accordance with the first part of Article 144 of the Code of Criminal Procedure of the Russian Federation , the duty officer is obliged to accept a correctly completed application. Refusal to accept a document is illegal and unacceptable. In this case, you need to write down the personal data (name and position) of the employee who refused you (or remember the time of the request to establish his identity using the duty schedule) and send a complaint to the prosecutor's office, a sample of which can be seen here.
When registering a written statement about an offense that has occurred, the police officer receiving the completed form must issue a special coupon notifying the applicant that his appeal has been accepted, indicating the time and date of reception, as well as information about the officer who accepted it. Using this coupon, you can monitor the processing time of your application.
Contacting the prosecutor's office
You should contact the prosecutor's office if all the previous stages have been completed (contacting the police or other lower authority), but the offender has not been punished according to the law. The applicant, at the time of application, must have in hand all the necessary evidence, copies of previously submitted applications.
You can contact the prosecutor's office in the following ways:
- personally;
- using the Internet reception.
You should personally contact the territorial authority at the applicant’s location. The complaint must include the following information:
- information about the person filing the complaint (passport details, registration address, telephone);
- an accurate description of the circumstances of the incident, an indication of the person who committed the act;
- the applicant's requirement;
- list of attached documents;
- signature and date of submission of documents.
An inspection is carried out if there are substantial grounds and evidence of a violation of the rights and interests of a person.
The complaint is submitted electronically through the regional department or through the website of the Prosecutor General's Office:
- on the official page, select the section “Internet reception”;
- further, after familiarization, you will need to select the region and city of residence of the applicant;
- the site will automatically redirect to the official page of the selected department, where the applicant can familiarize himself with information about the procedure for filing a complaint, and then fill out the necessary information, attaching papers.
Three days are allotted for registering received applications, after which a preliminary examination of the documents is carried out, after which they are subject to sending to the controlling unit of the relevant region or other authority.
Important! The general period for consideration of a complaint, according to the law, is 30 days. If no additional verification is required, the period can be reduced to 15 days. If the issue is particularly complex, the duration of the review will be extended.
