Russians are not used to turning to the police for help. What's the point of going there if our government officials are in no hurry to protect ordinary citizens? But sometimes you still have to go to the local police officer.
This is where the citizen is faced with complete indifference. The district police officer is not only not eager to help resolve the problem, but he can also be rude. Where to complain about a local police officer who does not want to work properly? And is it really possible to defend your rights? Let's find out.
Responsibilities of a local police officer
Before we start talking about complaints against a police officer, let's understand his responsibilities. The local police officer cannot always help the person asking. Not from harmfulness, but from the fact that he does not have the authority to do this.
So, what should a representative of the law do?
- Ensure the safety of citizens.
- Respond promptly to complaints.
- Receive information about various violations and forward them to the relevant departments.
- Respond to reports of impending crimes and other violations of order. Conduct checks on this matter.
- Bring to the attention of applicants the results obtained during the inspection on their issue.
- Respect the rights and interests of persons seeking help.
- Provide first aid to injured persons.
And these are not all the job responsibilities of a local police officer. There are points in the instructions regarding his interaction with management. But this no longer applies to you and me - ordinary citizens.
As can be seen from the list, respecting the rights and interests of citizens, as well as responding to their appeals, is among the responsibilities of district police officers. What do we see in reality? Nobody is in a hurry to help citizens, they explain this with an indifferent expression on their faces. Sometimes with comments in the style: “this is not within the powers of the local police inspector.”
It's not true, it's included. Everything is spelled out in the job description. A government representative is obliged to help a citizen who contacts him.
What if the district police officer knows that he is obliged? But he doesn’t want to do this at all? Then we have every right to complain about him. It’s my own fault; I should have responded to the statement.
Sample
Sample complaint against a district police officer.doc
Filing a complaint to the prosecutor's office
Appealing to higher authorities does not always give the desired result. Sometimes inaction can be found not only on the part of the district police officer, but also on his immediate superior. In this case, you need to contact other bodies whose responsibilities include monitoring the performance of official duties by employees of certain departments. Such a body is the prosecutor's office, which carries out the necessary checks upon citizens' appeals. You need to contact the prosecutor's office of the same district where the police station is located.
Now let's talk about the timing of consideration of applications. If the application was filed on the basis of dishonest performance of duties during the investigation of a criminal case, then a response to the application must be given no later than 3 days after its filing. It is allowed to increase the time frame for considering a complaint to the prosecutor's office. This is possible if there is a need to request certain documents. In this case, the period for consideration and sending the response to the applicant should be no more than 10 days.
All other complaints are considered according to a certain algorithm, which is prescribed in Federal Law No. 59 of 2013. The fundamental factor that contributes to resolving the issue in favor of the applicant is the preparation and submission of an application.
There are certain requirements for applying for a district police officer, but there is no universal form to fill out. In order for an application to be verified, it is enough to provide all the necessary information, maintain a business style of writing and not use phrases that insult the persons referred to in the application.
The statement itself can be divided into three parts:
- A cap;
- Main part;
- Conclusion.
The header indicates the full name of the prosecutor's office, personal and contact information, as well as the full name of the prosecutor's office employee to whom you entrust the inspection. The main part should contain a full description of the reasons for contacting the police, what was done by the local police officer upon the complaint, and why you do not agree with what measures were taken by the police officers. The final part contains the date of the complaint and the signature of the applicant. Also, do not forget that the application must contain a list of attached documents. As documents, an official response from the district police officer or other police officers, certificates and evidence confirming the commission of a crime are attached to the main application.
The complaint to the prosecutor's office is considered within a 30-day period. This period is correct in cases where the prosecutor needs to involve third-party organizations and request additional documents. In all other cases, the applicant must be informed of the results of the inspection no later than 15 days from the date of application.
The response received from the prosecutor's office must be justified from the point of view of legislation and have links to official documents. If the requirements set forth by the applicant were not satisfied, then there must also be a legal justification for this, and the response must contain a procedure for appealing the decision received.
Appeal to judicial authorities
If appeals to the boss and the prosecutor's office did not give the desired result, then you can try to restore justice in court. This possibility is enshrined at the legislative level. According to Article No. 22 of the Code of Administrative Proceedings, it is possible to attract police officers who perform their duties in bad faith.
Also, do not forget that, according to Articles 52 and 53 of the Constitution of the Russian Federation, citizens have the right to receive compensation if a person is faced with arbitrariness of power and has suffered certain losses or suffered harm to his health. This possibility is also confirmed by the civil code, according to Article 1069 of which, when damage is caused to a citizen of the Russian Federation by an official, the injured party must be paid compensation from budget funds, and the culprit is obliged to compensate for all damage and return the funds paid to the victim from the state treasury.
Separately, it is worth mentioning the issue regarding the procedure for considering the case. It is carried out in civil proceedings. You must contact the court located on the territory of the police station to which the local police officer is assigned. If the decision is made in favor of the applicant, then he will be entitled to a payment, which is made in accordance with the procedure approved in Part 1 of Article No. 24 of the Budget Code of the Russian Federation.
The procedure for conducting the trial is quite simple. Within 5 days from the date of application, the judge is obliged to consider the application, prepare all the necessary documents and hold a court hearing at which the complaint is considered. After reviewing all attached documents, an appropriate decision is made. If it does not satisfy the plaintiff and violates his rights, then a complaint can be filed against the judge.
Appeal to the Commissioner for Human Rights
You should contact the Ombudsman if none of the methods described above gave the desired result. The responsibilities of the Human Rights Ombudsman include re-examining the complaint, which is carried out in the presence of the relevant structures. You can contact the Commissioner within a year from the moment the applicant’s rights were violated.
Online application
We found out where to complain about the local police officer. But how to do this if there is absolutely no time to go to court, to the head of the Internal Affairs Directorate or to the prosecutor’s office with a statement?
This is why online receptions were invented. We go to the official website of the Ministry of Internal Affairs, select the “Online service” tab, the “Reception of applications” subsection, and then we find the department we want to contact and file a complaint against the local police officer.
This request can be tracked online. And its results will be sent by email, or you will be contacted at the specified phone number (if you write it).
On the website of the Prosecutor's Office we look for the “Internet reception” tab. We select the document we need, state our question and send it for consideration.
Constitutional guarantees
The Constitution of the Russian Federation guarantees every citizen of the country the right to protection and protection of his interests. And if you are faced with the fact that a local police officer or any other person in uniform is ignoring their duties, you can contact a higher authority.
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Inaction or illegality of actions can be appealed in court. Also, a claim can be filed in court either individually or as a group. The main thing is that it be drawn up according to a standard template and in accordance with the legislation of the Russian Federation.
So, where should you go to defend your interests?
Written appeal
A sample complaint about the inaction of a local police officer is issued upon direct contact with certain authorities. Come to the organization of your choice and file a complaint against the local police officer who refused to help.
How to write a complaint? We have already said that her sample will be given out. But you need to know that the complaint must be written correctly. It is unacceptable to use swear words and slang words, or an overly emotional description of the commissioner’s inaction.
The complaint must contain the following information:
- last name, first name and patronymic of the applicant;
- his residential address;
- last name, first name and patronymic of the district commissioner;
- the essence of the complaint (described dryly, without unnecessary emotions);
- full name of the body to which the complaint is filed;
- materials confirming the inaction of a police officer (precinct officer, in our case).
Reasons for filing a complaint
Since the situations in each individual case are different and have a number of nuances, there can be many reasons for a complaint against a local police officer:
- Refusal to consider an application regarding issues of offenses;
- Inaction – a police officer’s passive attitude to work, lack of response after 10 days from the date of filing the application, failure to conduct checks and take action;
- Receiving a response with a formal reply, but no real solution;
- Rude, boorish, inappropriate behavior of a police officer towards the applicant.
The answer to the question of what to do if your local police officer is inactive or commits illegal actions is the same - file a formal complaint.
What are these materials?
We told you where to complain about a local police officer if he is inactive. And then it turned out that some materials were needed. What it is?
- First of all, the statement you submitted to the district police officer.
- An audio or video recording of a conversation confirming the police officer’s refusal to listen to your problem.
It’s more difficult with the latest materials, that’s understandable. And you may not have a copy of the application on hand. What to do in this case? Demand to request the case materials, that is, a statement confirming the appeal to the local commissioner.
Final part
In this part of the complaint against the district police officer for inaction, clear requirements should be written down, for example:
"…1. I ask that the decision dated... date... to refuse to initiate a criminal case be declared illegal.
- Conduct a comprehensive audit of the activities of the district police officer (full name), department of internal affairs and district.
- Bring the district police officer (full name) to disciplinary liability and issue him with a request to eliminate the identified violations of the current legislation.”
After this, all attachments should be written down, that is, documents that confirm the actions or inactions of the official that led to the violation of the applicant’s rights.
It is important
When contacting the district police officer in writing, be sure to make a copy of the application. You give the first one to him, and on the second one, ask him to put the date of acceptance of the application, the registration number and the signature of the policeman, proving that he accepted the application.
If he refuses, hint that you will go with this statement to the immediate superior of your local police officer. Or even to the head of the Internal Affairs Directorate. As a rule, this sobers up the law enforcement officer. He will immediately accept the application and sign your sample.
By the way, when you file a complaint with the appropriate authorities, make a copy of it. You give one, and on the second they give you the registration date and the number assigned to the complaint.
How to file a complaint against a police officer. Sample
A complaint against a police officer is drawn up in free form , but must comply with basic standards of legal paperwork. The document must indicate the details of the offending police officer, or the unit in which he serves, information about the applicant (full name, residential address, contact telephone number). Next, the essence of the problem that has arisen is clearly described, without excesses, and a requirement is put forward to the supervisory authority to bring the violator to justice. At the end, the date of compilation and the personal signature of the applicant are affixed.
Deadlines for consideration of applications
All citizen complaints received by supervisory authorities are considered in accordance with the provisions of Federal Law No. 59 “on citizens’ appeals.”
For government departments this period is :
- 10 days to consider the received request:
- 30 days – to verify the facts stated in the complaint and take measures if they are confirmed.
Refusal to consider the complaint
Sometimes it happens. When can a citizen be refused consideration of his complaint against a local police officer?
- In case of regular submission on the same issue.
- If the issue has already been resolved and the case is closed.
- In case of inadequate description of the essence. The text contains swear words or threats towards the district police officer.
- If the text is written illegibly.
- In the case when the essence of the appeal is not clear.
The last two points are easy to fix. Just rewrite the complaint and submit it again.
What may serve as a basis for a complaint?
There are cases when a citizen writes a complaint against his local police officer, but he receives nothing in response.
Such actions are considered a violation by law enforcement. If a local police officer takes illegal actions or does nothing at all in relation to citizens who filed an application, this will constitute a failure to fulfill his obligations.
After no action has taken place on the part of the local police officer, the citizen may give up, or may write a complaint against him.
Before filing a police report, you should consult a legal specialist. Having learned your problem, he will tell you what rights were violated, how to file a complaint and what to expect from such proceedings.
Anonymous: will they consider it?
Knowing our laws, what the drawbar is, it’s scary to complain about government officials. Especially when they subtly hint that they won’t work for free. But the district police officer shouldn’t let it get away with it either. But what to do when fear prevents you from complaining openly?
Complain anonymously. The relevant authorities are obliged to consider such a complaint. Its only drawback is that the applicant will not receive a response to his appeal.
Tips for filing a complaint
- Before filing a written complaint about the inaction of a district police officer, it is recommended to contact the department where he works in person with a request to contact a superior person (chief or other authorized person);
As a rule, this is enough for the local police officer to change his attitude towards the citizen who has applied.
If the problem cannot be resolved verbally, it is worth filing a complaint against the district police officer in writing.
- If the first method does not work, then you can contact the Ministry of Internal Affairs. Appealing to this authority will be especially effective if the reason for filing a complaint against the district police officer was bribery or extortion;
- If this does not work, the next level of appeal will be the law enforcement agency (prosecutor's office);
Statistics show that the vast majority of even the most advanced disputes are resolved at the stage of contacting the prosecutor's office.
Info
Filing a complaint against a local police officer can be done either in person or online.
- The advantage of filing a complaint against a district police officer may be a list of additional materials that will confirm the facts described in the complaint;
Such materials can be: printouts of conversations, recordings from a voice recorder, photos or videos.
- The complaint must provide only truthful information. If false information is revealed, the penalties described in the Criminal Code of the Russian Federation will be applied to the applicant;
Advice
And remember, the Law is always on the side of truth. By following the sequence of document preparation and advice on filing it, you will be able to defend your rights.
In what cases do they complain about a local police officer?
Here are the most common situations in which citizens begin to complain about the local police officer.
- The application has been accepted. All conceivable and inconceivable deadlines have come up for consideration. The answer was never received. The further fate of the statement is unknown.
- The answer was given. But the issue, as such, has not been resolved. The response received is more like a formal unsubscribe.
- The applicant contacted the district police officer several times. But no measures have been taken. For example, just as the neighbors played music after 23:00, that’s how it plays.
- The district police officer extorts a bribe by refusing to perform his duties without encouragement.
Solution
If the local police officer is inactive, where should I go? You can file a complaint about the work of a local inspector in several instances:
- To higher-ups in the police department (the immediate boss of the district police officer)
- To the prosecutor's office
- To court
But pay attention to the nature of your problem. If the local police officer is inactive, it will be enough to contact the head of the local police department. Of course, if your application was accepted, time passes, but no measures were taken, then the next application must be submitted to a higher authority for consideration.
In another case, if you have witnessed obvious violations by law enforcement agencies, or, even worse, these actions were directed against you or your family, then you should immediately file a claim with the prosecutor’s office.
There are several completely legal tricks: when sending an application to the head of the local office, indicate on the form “the second copy has been sent to the prosecutor’s office” - this will guarantee that the application will not be lost, will not gather dust in the desk, and will not go straight to the trash bin.
Or you can actually send a second copy to the prosecutor’s office: the more people know about your situation, the faster the process of solving it will go.
Is it possible to reach an agreement with the local police officer?
We are discussing where to complain about a local police officer if he absolutely does not want to do his job. And the authorities that are capable of punishing a negligent employee of the Ministry of Internal Affairs have been dealt with.
Is it possible to do without a complaint? What if you manage to come to an agreement with the local police commissioner?
Let's reveal a secret: you can always reach an agreement. Only this path is not entirely honest. Are you ready to pay a certain amount to solve the problem? Then take action. But we do not recommend doing this.
You can also try to get the police officer to pity you. Sometimes it works on them. But not as often as material reinforcement.
Just think: in order for the district police officer to fulfill his duties, it is necessary to look for some “buttons” and resort to tricks.
If conscience does not allow you to do all this, and a representative of the authorities is inactive, then you cannot do without a complaint. Alas, the majority of police officers are like this these days.
Where can I contact if the local police officer is inactive?
You may encounter inaction or abuse of power by police officers quite often, but in this case you can defend your rights and file an appropriate complaint. Before filing a complaint against a local police officer, you need to find out who has the right to consider such complaints.
There are several ways to influence an unscrupulous district police officer who is not fulfilling his official duties:
- Contacting your immediate superior;
- Filing a complaint to the prosecutor's office;
- Going to court;
- Visit the Ombudsman.
Now let's look at each of the above methods in more detail.
Appeal to the immediate supervisor of the district police officer
Each police officer has a boss who monitors the performance of official duties by his employees. If you have complaints, then you should visit the district police department and determine who is the chief of the local police officer. This information can be obtained from the department duty officer. After this, you should contact your boss and demand that they sort out the current situation. If no serious violations were committed by the local police officer, then it is not necessary to go to the police station, but it will be enough to make a call to the duty station.
If bosses don't act
Imagine the situation. They complained about the unscrupulous district police officer to his immediate superior. He did not take any measures. The situation worsened even more.
The citizen realized that he would have to go to the head of the police department. I filed a complaint, but there was no response. The top police officials are inactive. The problem has not gone away, it must be solved. The answer is silence.
How to find police authority? Only a complaint to the Federal Security Service. This is not easy, let us warn you right away. Make an appointment in advance, wait your turn, then go somewhere. But it’s worth it, it’s worth punishing the insolent police officers and their higher ranks.
