Citizens of Russia do not often file complaints about the inaction of the police, because they believe that there will be no punishment for the officers for the illegal acts committed, because everything is “seized” from them. But if we look at the problem from the other side, then any police officer can be held accountable.
So where can you turn to police inaction in 2019?
What should citizens do if the police do not respond to a call?
Many people complain that they call the police because, for example, the neighbors are making noise and arguing, or they saw a fight under the windows, or for any other reason, but the police do not arrive. And this happens over and over again. What to do in this situation? Well, first of all, keep calling: patience and work will wear out everything. In addition, you should know: if you dial 102, your call will be recorded. A card must be created for each request, and you cannot simply “forget” it. However, as practice shows, there can be a lot of such cards in the police department. And it is likely that the police will come to you much later. Or he won’t arrive at all, and the card will somehow be archived. Or they will simply tell you that there was not enough staff, and therefore they responded to your call on a residual basis - at 8 o’clock in the morning, although you called at 12 at night.
Therefore, you should not particularly hope that the official registration of your application will change anything significantly. However, we are starting to fight for our rights. For the police to still fulfill their immediate duties - to stop a crime or, for example, an administrative offense in the form of noise under the windows. To ensure that no one makes noise near your house (again, this applies specifically at night), you must contact the police by calling 102 and say that something illegal is happening. After this, the police must leave. If she doesn’t leave, there must be certain consequences.
If you dialed 102, wait, the police must somehow respond to your call. If 10, 15 minutes have passed - in general, a sufficient amount of time - call again, ask the question again. If the police have left, wait until the squad arrives. But if they are lying to you, and the police did not actually go anywhere (and this often happens), then you can call a higher authority. This is where the fun begins.
Functions of a local police officer
In each district of the settlement there is a police department, which is assigned to an employee of the Ministry of Internal Affairs - a local police officer. The list of responsibilities of the district police officer mainly includes protecting the rights and interests of citizens living in the area assigned to him.
In other words, a citizen can contact a local police officer regarding any problem that interests him.
Read about what actions of a local police officer may lead to filing a claim against him in the next section.
Where can I complain about the inaction of the police?
Let's say the police didn't respond to your call in any way, but ordinary police officers have already learned to recognize your voice, and now they tell you that the squad is on its way (or answer any other nonsense over the phone). In this case, you can dial the phone number of a higher organization. The police department will most likely be commanded by the district department of internal affairs. Previously, of course, it was simpler: each department was called a “department.” And now it can be both a department and smaller police units that are subordinate to the department. But in order not to confuse you, let’s simplify the diagram: let’s say there is a local branch “on the ground”, there is a branch in the district and there is one in the region. These are the units you need to call. Start with phone 102. You will be taken to the general control panel 102 in Moscow, or to a small regional police station in a rural area. In any case, telephone 102 takes you where you need to go: to the police station to which the desired station is attached.
If nothing happens after this, your task is to find out the phone number of the next higher police department. Where can I find it out? This can usually be done by calling the same place you called first. Dial the same phone number and ask how to contact the chiefs of these same police officers who have been coming to you for the second hour. Most likely, they will tell you the phone number of the police department, or the police department - it doesn’t matter what it’s called. Try to call the duty station of this same police department, which is superior to your “lower” police unit.
If you get through by phone, tell us about your problem. If you didn’t get through by phone, or your complaint did not lead to anything, or the answer you were given does not suit you, then you need to call the Main Department of Internal Affairs for the region (or the Department of Internal Affairs for the subject of the Federation in which you are located ). They can, again, be called differently. For example, in Tatarstan this will be the Ministry of Internal Affairs of the Republic of Tatarstan; in some small region it may be the Department of Internal Affairs for the region. In Moscow, this will be the Main Department of Internal Affairs for the city of Moscow, and in the Moscow region, accordingly, the Main Department of Internal Affairs for the Moscow Region. There is also a duty officer there. You can call him, and a living human voice will tell you why the policeman is not coming to you.
It is very important to always ask who is talking to you. Even if the duty officer said his last name indistinctly, no one is stopping you from asking him to repeat it and write it down. This will be useful to you later, when you call the names of police officers to their superiors and figure out why they did not respond to your appeal. But, as practice shows, already at the level of the Internal Affairs Directorate, that is, middle management, your call usually attracts attention, and the police begin to move much faster than before.
Alas, the system is such that almost everything in our country works exclusively with a kick. Except that insects and birds fly on their own. Sometimes trains move on their own - especially if there are no brakes and the track is directed downwards... But hedgehogs in our country don’t fly without a kick. And the police themselves do not work quickly, not to mention the bailiffs.
Answers on questions
Question: Is it possible to file a complaint against a local police officer for entering an apartment without permission?
Answer: Yes, you can. He has no right to enter the apartment without the permission of the residents. If a person does not want to open the door for him, then that is his right. However, in the following situations, the district police officer cannot be held accountable for breaking into an apartment: if he knows that a crime is being prepared there or has already been committed; if there are injured people in the apartment who urgently need help.
Question: Where can I complain about a local police officer if he is called, but he does not show up?
Answer: You can complain about the inaction of a local police officer to the head of the local police department. The complaint can be either oral or written, but it must be supported by evidence that the local police officer was called.
Question: Where should I go if a local police officer threatens me with physical harm?
Answer: It is necessary to write a statement to the prosecutor's office to hold the police officer accountable for exceeding official powers.
Question: Can I write a statement of claim to the court against the local police officer if the police and prosecutor’s office refused to consider the application?
Answer: Yes, you can, if as a result of the actions or inactions of the local police officer, you suffered material or moral damage. In Art. 10 of the Federal Law “On the Prosecutor's Office of the Russian Federation” states that the decision made by the prosecutor does not prevent a person from going to court to protect his rights. Therefore, if you are confident that you are right and can provide the court with evidence of the district police officer’s guilt, then you can safely file a claim in court.
The law enforcement system in Russia is imperfect . Proof of this is the numerous complaints from citizens of the Russian Federation about the actions or inactions of local police officers.
If a peace officer does not respond to your call or written request, you can always complain about him to higher management, as well as to the prosecutor’s office and even the court if your rights were violated as a result of the inaction or unlawful actions of the district police officer.
When turning to the local police officer, every citizen expects to receive some support and attention from a representative of a law enforcement agency, however, he does not always find it.
In what cases can a citizen complain about a local police officer? Where can I complain about illegal actions of a local police officer? How to make an application correctly? Read in the article.
We have already complained everywhere, but we still receive standard replies!
You need to understand that the police have not only those functions that are performed right now, in a “fire” order (for example, a conversation with a neighbor who has become noisy in the middle of the night). There are also functions that can be performed later - tomorrow, the day after tomorrow. For example, a criminal investigation. Well, no one does it in one day. This is weeks, maybe even months. And here the police also show “miracles” of speed, believe me. But you can also complain about this without haste: to the prosecutor’s office, in writing. Or to the higher management of employees - also in writing. But most often you still need to contact the prosecutor’s office, because it is she who controls the activities of our valiant police.
The prosecutor's office may have two responses to such requests. In the first case, they will write to you something like “Yes, dear citizen, you are absolutely right! We have already flogged all the culprits, deprived them of the bonus, and now we offer you our deepest apologies.” But I remember very few such answers in my life - the fingers of one hand are enough to count them. Most often, the answer from the prosecutor's office comes something like this: we looked at everything here carefully, we gave instructions, but in general, the standards for arriving at your call were observed.
A very important question arises here: what are we fighting for? If we are fighting to speed up the investigation into your case, I understand why additional complaints need to be filed. But why write complaints about the fact that the task force did not come to your call two weeks ago, I honestly don’t really understand. You won't change the situation in any way. Unless the next group will know that you are a strange “client” and are writing complaints to the prosecutor’s office. And therefore, it is better to come to you as quickly as possible than to provoke your anger, which will then be multiplied by five or even ten times in the prosecutor’s office.
Grounds for filing a complaint
The basis for filing an application can be either the incorrect performance of one’s duties or the inaction of a police officer. A citizen has rights enshrined in current legislation. If they are violated, he can file a complaint, during which he can request that a certain punishment be applied to the employee.
If a legal violation has occurred, it is necessary to draw up a statement requesting consideration of this incident. You can send a document under the following conditions:
- the executive officer violates the rules of communication with a citizen - does not provide identification at the first request, insults honor and dignity, etc.;
- a police officer conducts a search without giving a reason;
- the police officer uses psychological or physical violence;
- a law enforcement officer holds a citizen in detention on illegal grounds;
- refusal to initiate criminal proceedings;
- incomplete verification of the data contained in the application, etc.
What if the police arrive but it's too late?
Dear citizens, let us agree on this: if a crime or offense occurs before your eyes, please dial 102 at least once. Inform the police about this, they will respond to the situation. Or they won't react. If what happened continues to worry you, call your higher authorities, the regional police department, somewhere else - ultimately, the person on duty at the regional prosecutor's office. Call and demand that a police officer come and stop this very crime.
If it stopped by itself, of course, each of us must decide for ourselves whether it is worth doing something else, or whether it is better to leave everything as it is. I am a caring person, I usually don’t leave anything to chance. I will definitely continue to call, write letters, statements, comments, suggestions and other requests. But you can leave everything as it is - if, of course, you are satisfied with what is happening in your city, entrance or on the playground where your child is relaxing. If you are happy with everything, leave it as is. If you are not satisfied, write your complaints in writing.
Yes, unfortunately, the only reaction to your verbal calls can be this, immediate – the arrival of a task force. And all your further calls are, as a rule, useless. Therefore, the next thing to do is to send a complaint in writing. Not in electronic form, I do not recommend you do this, but in writing, with your signature. And transfer this complaint where it should be, namely to the duty department of the internal affairs agency. Next, you will receive a coupon with a number, which you will then call all the time. You must respond within 30 days. As a rule, they answer on the 29th. So get ready: fighting a system that doesn’t want to work on its own is, of course, exciting. But, unfortunately, this is an extremely long process.
Distinctive features of a complaint against police officers
A complaint against police officers has the following characteristic features:
- It can be written by any person who believes that police officers have violated his rights and legitimate interests.
- An application or appeal to the court can be written handwritten or typewritten. To go to court, you must comply with the procedural order. You can't do without lawyers and attorneys.
- The application must necessarily indicate the passport details of the applicant, as well as the details of the authority where it is being submitted.
- The appeal shall indicate all relevant facts. They must be stated clearly and concisely.
In general, the law does not define a clear form for writing a complaint against police officers, so it is drawn up in free form, but with mandatory compliance with the above rules. Let me remind you that when going to court, you must follow the procedural order.
What to do if all possible authorities have already been passed?
I wish this system would work itself, but it works pretty poorly on its own. And the purpose of lawyers is precisely to, with the help of the mentioned kick, somehow direct this system onto the right path and force it to do what is already part of its tasks.
If you still have questions, or you are faced with police inaction and need legal assistance, sign up for a consultation! Lawyer Zharov’s team, among other things, resolves various issues related to law enforcement agencies. In particular, we force them to work according to the law.
Your lawyer Anton Zharov
How to force the police to act on a complaint
If a violation is detected by law enforcement officers, the only method to resolve the situation is to file an appropriate complaint. This document is the basis for initiating an official investigation. The promptness of solving the problem depends on its correctness, therefore it is extremely important that the complaint about the inaction of police officers (a sample is available to anyone in the police department) clearly and clearly reflects the essence of the dispute.
The application must consist of four sections. The first one is introductory. Its task is to familiarize the executive employees who will be appointed responsible for reviewing the application with the contact information of the applicant and the recipient. To do this, you must enter the full name of the addressee, the person against whom the complaint is being filed, as well as the full name of the government agency to which the paper is sent. In addition, it is necessary to indicate the address of the applicant’s actual residence so that employees have the opportunity to send a written notice for the citizen to appear.
The next section is descriptive. His task is to describe in detail the circumstances of the situation and convey the points in which the law enforcement officer violated his direct duties. If there is no specific culprit, it is necessary to file a complaint against the head of the police department. If the violation was committed by a specific person, it is necessary to accurately indicate his full name, position and place of employment. In practice, conflicts often occur on the road when there is no way to find out the contacts of the offender. In this case, you must indicate the number of the patrol car and the exact time of the incident.
Next comes the pleading section. Here the applicant must indicate that he requires appropriate measures to be taken to hold employees accountable. This requirement must be justified by relevant points from the legislation of the Russian Federation.
Note!
To confirm the truth of the stated facts, it is necessary to attach documents that will indicate the fact of a legal violation. If the complaint is formulated correctly and the supporting documents are correct, the executive body will launch proceedings to consider the case.
If the complaint is sent not to a separate institution but to the immediate superior of the employee who behaved unlawfully, then the petition section and attachments can be omitted.
It is also important to remember that in order to consider a complaint, you must clearly indicate the complainant’s contact information. If the paper is sent anonymously, production will not be started.
In addition, executive bodies ignore statements that:
- similar to those considered earlier, after which they were rejected;
- incorrectly filled in;
- has false information;
- carries threats and insults.
