Art. 124 and art. 125 Code of Criminal Procedure of the Russian Federation. The resolution is in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation

Features of claims processing

They are established by Art. 124, 125 Code of Criminal Procedure of the Russian Federation. These articles provide for challenging actions/inactions, as well as decisions:

1. Interrogator.
2. Investigator.
3. Inquiry agency.
4. Prosecutor.
5. Head of the investigation department.
6. Head of the investigative unit.
7. Vessels.

Art. 124, 125 of the Code of Criminal Procedure of the Russian Federation apply to:

1. Violations of reasonable deadlines during pre-trial proceedings in a criminal case.
2. Decisions, inaction/action of officials, refusal to initiate, terminate proceedings - i.e. procedures affecting the interests of participants and other persons, causing damage to their freedoms and rights, creating obstacles to justice.

According to Art. 124 of the Criminal Procedure Code of the Russian Federation, the prosecutor and the head of the investigative body, as officials exercising proactive supervision (control) over the procedural activities of the inquiry and preliminary investigation bodies, can appeal any actions and decisions of these bodies, with the exception of only those that are subject to appeal in court .

The complaints in question can be filed by any participant in the preliminary investigation, whose rights or legitimate interests have been violated, against any criminal procedural decisions and actions of any inquiry and preliminary investigation body.

Complaints can be filed: 1) by mail, telegraph or personal delivery to the office of the prosecutor's office or investigative body; 2) through the person conducting the investigation. In this case, the complaint may not necessarily be written, but also oral. An oral complaint is entered into the protocol. Both a written complaint and a protocol for accepting an oral complaint, signed by the complainant and the person conducting the investigation, must be sent to the prosecutor or the head of the investigative body with their explanations within twenty-four hours.

The ten-day period for consideration by the prosecutor of a complaint in a criminal case is the maximum and cannot be extended under any circumstances.

Contents of Art. 125 of the Criminal Procedure Code of the Russian Federation has a constitutional basis. According to Article 46 of the Constitution of the Russian Federation, everyone is guaranteed judicial protection of their rights and freedoms. Decisions and actions (or inaction) of state authorities, local governments, public associations and officials can be appealed to the court.

The judicial procedure for considering complaints applies to all actions (inaction) and decisions of the inquirer, investigator and prosecutor committed (admitted, accepted) by them during pre-trial proceedings, i.e. at the stage of initiating a criminal case and preliminary investigation, if the applicant believes that these actions (inaction) or decisions impede access to justice (for example, by refusing to initiate a criminal case) or they are capable of causing damage to the constitutional rights and freedoms of participants in criminal proceedings.

Any participant in criminal proceedings or other person has the right to file a complaint against procedural decisions and actions (inaction) of an inquirer, investigator, head of an investigative body, prosecutor to the extent that the procedural actions performed and procedural decisions made affect his interests, as well as those acting in the interests of the applicant protector, legal. The applicant’s representative may be a person who did not take part in the pre-trial proceedings in connection with which the complaint was filed, but is authorized by the applicant to file a complaint and (or) participate in its consideration by the court. Other persons have the right to appeal decisions and actions (inaction) of officials carrying out criminal prosecution to the extent that the procedural actions performed and procedural decisions made affect their rights and legitimate interests. The applicant can be either an individual or a representative of a legal entity.

Consideration of applications by the head of the investigative body, the prosecutor

The procedure in accordance with which claims are processed by these officials is established in Art. 124 Code of Criminal Procedure of the Russian Federation. The head of the investigative body and the prosecutor are required to consider the application within three days from the date of its acceptance. In some cases, if it is necessary to request certain materials or take other measures, the period for processing a claim can be extended to 10 days. The applicant must be notified of this. As a result of the consideration, the official makes a decision to partially or fully satisfy the complaint or to refuse it.

A comment

Upon satisfaction of the complaint drawn up and sent in the manner provided for in Part 2, Art. 123 of the Code of Criminal Procedure, the decision must contain instructions on the procedural actions that must be performed in order to speed up the consideration of the case materials. In addition, it sets deadlines for their implementation. The provision of Article 124, Part 3, in the constitutional and legal interpretation, does not allow the refusal of the prosecutor, inquiry officer, court, investigator to study and evaluate the arguments that are given in the application (petition) under consideration. Moreover, when making an appropriate decision, these officials are obliged to motivate it by pointing out specific and sufficient, in accordance with the principle of reasonableness, grounds according to which the justifications were rejected or accepted. The applicant must be informed of the approved act, as well as the procedure for its subsequent appeal, immediately. In the cases provided for by the code, an investigator or interrogating officer may challenge decisions, inactions/actions of the head of a unit or a prosecutor to a higher official.

The complaint is in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation

It is submitted for decisions to refuse to initiate a case or to terminate criminal proceedings:

1. Head of the investigative department/authority.
2. Interrogator.
3. Investigator.

A complaint may also be filed against actions/inactions of a different nature that may infringe on the freedoms and rights of interested citizens. Art. 125 of the Code of Criminal Procedure of the Russian Federation establishes that the claim must be sent to the district court located at the place of the preliminary investigation. The subject of law is the applicant, defender, and legal representative. Claim under Art. 125 of the Code of Criminal Procedure of the Russian Federation can be sent directly to the court or through the prosecutor, head of the investigative body, investigator, or interrogator.

Commentary on Article 124 of the Code of Criminal Procedure of the Russian Federation

1. The consideration of a complaint by the prosecutor and the head of the investigative body, in contrast to the consideration of a petition, takes a longer period of time. This is due to the need to request additional materials, as well as to clarify the position of the opposite party.

2. Additional materials specified in Part 1 of the commented article should be understood as information media other than those that were presented by the applicant himself or that were at the disposal of the prosecutor or the head of the investigative body at the time of receipt of the complaint. When extending the period to 10 days, the prosecutor or head of the investigative body must properly (preferably in writing) notify the applicant about this. It is possible to use means of communication, which must be noted in the complaint proceedings.

3. The law does not require that the applicant be informed about exactly what materials were requested or what other measures taken necessitated the extension of the appeal period. However, this does not mean that the prosecutor or the head of the investigative body has the right to extend the period without real grounds.

4. Part 2 of the commented article indicates the types of decisions that can be made by the prosecutor or the head of the investigative body based on the results of consideration of the complaint (on full satisfaction of the complaint; on partial satisfaction of the complaint; on refusal to satisfy the complaint). Each of these decisions is formalized by a resolution, which, like other procedural decisions, must be legal, justified and motivated (Part 4 of Article 7 of the Code of Criminal Procedure of the Russian Federation).

5. The resolution of the prosecutor or head of the investigative body, in addition to other information, must contain the content of the complaint and specific grounds for satisfying it or refusing to satisfy it, as well as the decision that was made as a result of considering the complaint.

6. If the complaint was partially satisfied, then the decision must clearly indicate in what part the applicant’s arguments were considered justified and subject to satisfaction, and in what part they were not.

7. If the complaint regarding the acceleration of the preliminary investigation has been satisfied, then the resolution must indicate exactly what procedural actions will be carried out for this purpose and within what specific time frame.

8. According to part 3 of the commented article, the applicant is notified immediately of the decision taken on the complaint, i.e. without undue delay. The best way is to call the person to the prosecutor's office, the preliminary investigation body and hand him a copy of the decision for signature. At the same time, if the complaint is fully satisfied, it is also possible to notify the person via communication means, since the person will subsequently be able to verify that the investigator or inquiry officer took the appropriate actions (made the appropriate decision).

9. If the complaint is partially satisfied or its satisfaction was refused, then the prosecutor or the head of the investigative body, simultaneously with notifying the person, explains to him the further procedure for appealing. The prosecutor's decision can be appealed to a higher prosecutor, and in cases where this decision is capable of causing damage to the constitutional rights and freedoms of the applicant or the person he represents or impede their access to justice - to the district court at the place of the preliminary investigation in the manner established by Art. 125 Code of Criminal Procedure of the Russian Federation. The decision of the head of the investigative body is appealed to the head of the superior head of the investigative body, and in the above cases - to the district court.

10. Part 4 of the commented article contains the procedure for appealing by officials of criminal proceedings against actions (inaction) and decisions of the prosecutor or the head of the investigative body. The investigator makes a complaint to the head of a higher investigative body, and the investigator – to a higher prosecutor. Complaints are submitted in writing, with justification of the substance of the requirements.

Important point

When challenging the decision of Art. 125 of the Code of Criminal Procedure of the Russian Federation allows a representative of the victim to participate in the consideration of an application for inaction/action or decision of the prosecutor, investigator, inquirer. In this case, it will not matter whether he previously participated in the case or not. The representative must have appropriate authority, confirmed in writing.

Tasks of the court

An application submitted under Art. 125 of the Code of Criminal Procedure of the Russian Federation (a sample document is presented in the article) must contain an accurate and clear statement of the circumstances with which the author does not agree. The court, in turn, based on the above arguments, verifies the validity and legality of decisions and inactions/actions of officials. The norm establishes a period during which a claim against a resolution is investigated. In accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, it is no more than 5 days. The calculation of days begins from the date of receipt of the application.

Commentary to Art. 125 of the Criminal Code of the Russian Federation

The object of leaving in danger is the social relations that develop regarding the realization by a person of the natural right to life and health and ensuring the security of these social benefits. As a result of committing a crime, a real threat of causing significant harm to these relationships is created.

A victim of a crime is a person: a) who at the time of the commission of the crime is in a condition dangerous to life or health and b) deprived of the opportunity to take measures for self-preservation. Correct classification of a crime involves establishing the presence of both of these signs.

The state of danger is characterized by intense influence on the victim’s body of two possible groups of factors: environmental factors (for example, fire, flood, earthquake, behavior of the perpetrator, etc.) or pathological processes occurring in the body of the victim himself (for example, disease). In the second case, it is necessary to distinguish the offense under consideration from the offense of failure to provide assistance to a patient (Article 124 of the Criminal Code of the Russian Federation). If leaving a patient in danger by a person obliged to provide medical care leads to consequences in the form of moderate severity, serious harm to health or death, liability arises under Art. 124 of the Criminal Code of the Russian Federation; if in a similar situation the specified consequences did not occur - under Art. 125 of the Criminal Code of the Russian Federation.

The intensity of exposure to hazards must be high enough to create a real threat of death or harm to health. It seems that, based on the meaning of the law, we should only be talking about the threat of serious harm to health, since even intentional actions that create a threat of causing moderate harm to health do not entail criminal liability. Due to this, leaving a person deprived of taking measures for self-preservation in a state that threatens the onset of moderate harm to health cannot be qualified under Art. 125 of the Criminal Code of the Russian Federation. However, if, as a result of such abandonment, harm to health of moderate severity actually occurs, the act, if there are grounds for it, may be qualified under Art. 124 of the Criminal Code of the Russian Federation.

The law names two sources that cause a condition dangerous to the life or health of the victim: a) sources not related to the guilty actions of the subject of the crime (the influence of natural forces, etc.); b) the conscious behavior of the subject of the crime preceding the state of danger. In the second case, it is important to establish that the behavior of the perpetrator does not contain the elements of another intentional crime. Judicial practice develops in such a way that liability for leaving in danger arises only in cases of failure to provide assistance to a person who is in a helpless state as a result of the careless actions of the perpetrator or as a result of other reasons beyond his control. If the victim’s condition, dangerous to life or health, was the result of intentional actions (inaction), for which the criminal law establishes independent liability, independent or additional qualification of the act under Art. 125 of the Criminal Code of the Russian Federation is excluded. In particular, a person who intentionally caused the victim serious harm to health cannot be held responsible for leaving him in danger. Based on this, it is not excluded that situations where the victim’s life-threatening or health-threatening condition was caused by careless criminal actions of the perpetrator are classified as a totality of crimes. For example, judicial practice has always considered Art. 125 of the Criminal Code of the Russian Federation as a general rule in relation to Art. 265 of the Criminal Code of the Russian Federation on liability for leaving the scene of a traffic accident. This article was excluded from the Criminal Code of the Russian Federation by Federal Law of December 8, 2003 N 162-FZ; however, according to the general rules of qualification, the abolition of a special norm does not exclude the qualification of the offense under the general norm. Because of this, violation of the rules of the road and the operation of vehicles, which through negligence entailed the infliction of grievous harm to health or the death of a person, and the leaving by the person driving this vehicle of a victim of an accident in a condition dangerous to life or health can be classified as a set of crimes provided for in Art. . Art. 264 and 125 of the Criminal Code of the Russian Federation. If the person driving the vehicle is innocent of violating traffic rules, but the life and health of the victim were endangered as a result of an incident with the car he was driving, then the driver may also be held liable under Art. 125 of the Criminal Code of the Russian Federation.

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Determination of the Judicial Collegium of the Supreme Court of the RSFSR in the case of M. // Bulletin of the Supreme Court of the RSFSR. 1974. N 6.

A person who is in a condition dangerous to life or health can act as a victim of the crime in question only if he is deprived of the opportunity to take measures for self-preservation. The law names the reasons for this condition: young or old age, illness or helplessness due to other reasons (alcohol intoxication, mental disorders, dementia, unconsciousness, etc.).

The objective side of the crime is characterized by two alternative features: a) deliberately leaving the victim in a condition dangerous to life or health, when the danger is not related to the previous behavior of the perpetrator (pure inaction); b) putting in danger and leaving in a condition dangerous to life or health (mixed inaction). Putting another person in a condition dangerous to life or health by the subject and the subsequent timely and effective implementation of actions to prevent negative consequences is liability under Art. 125 of the Criminal Code of the Russian Federation are excluded.

It is important to establish that a situation dangerous to the life or health of the victim actually occurred at the time the victim was left guilty. If a situation of danger arose after the subject left the victim, liability under Art. 125 of the Criminal Code of the Russian Federation is excluded.

The corpus delicti is considered formal, due to which the criminal inaction of the subject is completed already at the moment of being left in danger. This crime can be considered ongoing; after leaving the victim in danger, it continues at the stage of the completed assault. The occurrence of real harm to the health or death of the victim does not allow qualification to be limited only to Art. 125 of the Criminal Code of the Russian Federation; consequences always require self-assessment. If the culprit, who left the victim in danger, then takes any active actions aimed at preventing possible negative consequences for the life and health of the victim, then this does not change the legal assessment of the act under Art. 124 of the Criminal Code of the Russian Federation, but can be taken into account when individualizing punishment.

The subjective side of leaving someone in danger is characterized by guilt in the form of intent. The subject is aware of his obligation to provide assistance to the victim and the real possibility of providing it, but does not perform the required actions, realizing their social danger. The perpetrator must also be aware of the objective properties of the situation in which he leaves the victim; he must know about its danger. If a person makes a mistake in good faith about the existence of a danger to the life or health of the victim, liability under Art. 125 of the Criminal Code of the Russian Federation is excluded.

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Determination of the Criminal Judicial Collegium of the Supreme Court of the USSR in the case of X. // Issues of criminal law and process in the practice of the Supreme Courts of the USSR and the RSFSR. 1938 - 1978. Ed. 3rd, add. and processed / Comp. S.V. Borodin, G.A. Levitsky. M., 1980. P. 181.

Determination of the Judicial Collegium of the Supreme Court of the Russian Federation in the Grigoriev case // Bulletin of the Supreme Court of the Russian Federation. 2003. N 4.

A mandatory condition for the imputation of Art. 125 of the Criminal Code of the Russian Federation - establishing that the perpetrator did not have the intent to take the life of the victim or cause harm to his health due to his own inaction; otherwise, leaving one in danger should be classified as attempted murder or causing harm to health of one degree or another.

A special subject of a crime is a sane individual who has reached the age of sixteen, who was obliged and had the opportunity to provide assistance to the victim.

The duty of care for the victim may have various grounds: law, regulations, marital relations, contract, nature of the profession, previous behavior.

The possibility of providing assistance to the victim on the part of the subject must be established in each specific case, taking into account all the factual circumstances of the case: the absence of force majeure factors, the absence of risk to one’s own life, state of health, age, practical skills in providing assistance, etc.

How does an appeal work?

Art. 125 of the Code of Criminal Procedure of the Russian Federation establishes that consideration of a claim is carried out in an open meeting. The exception is the cases provided for in Article 241 of the Code. The hearing is attended by the applicant, legal representative/defender, as well as other citizens whose interests were affected by the contested decision or the behavior of the above-mentioned employees. The failure of the parties, who were promptly and properly notified of the time and place of the meeting, to appear will not be an obstacle to the consideration of the claim. At the beginning of the hearing, the judge announces which application will be examined, introduces himself to the persons who appear, and explains to the participants their duties and rights. The complainant is then given the right to substantiate his complaint. He gives appropriate arguments and presents evidence. After his speech, other persons who appeared at the meeting are heard. The applicant has the right to make a statement. According to Art. 125 of the Code of Criminal Procedure of the Russian Federation, based on the results of consideration of the claim, the court makes a decision. According to it:

1. The action/inaction or act of an official is recognized as unfounded or unlawful. In this case, according to Art. 125 of the Code of Criminal Procedure of the Russian Federation, the court will oblige the relevant employee to eliminate the violation.
2. The claim will be left unsatisfied.

Copies of the resolution adopted in accordance with Art. 125 of the Code of Criminal Procedure must be sent to the head of the investigative body, the prosecutor and the applicant. Acceptance of a claim is not a basis for suspending the contested action, as well as the execution of the decision. As an exception and if necessary, a judge, prosecutor, investigator, inquiry officer, or head of the inquiry/investigation body can suspend the appealed process.

You can find out what kind of article this is from clause 3, part 1, article 145 of the Code of Criminal Procedure of the Russian Federation WHAT THREATENS and Articles 123-125 of the Code of Criminal Procedure of the Russian Federation.

Article 145. Decisions made based on the results of consideration of a report of a crime

1. Based on the results of consideration of a report of a crime, the body of inquiry, the inquiry officer, the investigator, the head of the investigative body makes one of the following decisions:

(as amended by Federal Laws dated 06/05/2007 N 87-FZ, dated 12/02/2008 N 226-FZ)

1) on the initiation of a criminal case in the manner established by Article 146 of this Code;

2) refusal to initiate criminal proceedings;

3) on the transfer of a report under jurisdiction in accordance with Article 151 of this Code, and in criminal cases of private prosecution - to the court in accordance with part two of Article 20 of this Code.

2. The applicant is informed about the decision made. At the same time, the applicant is explained his right to appeal this decision and the procedure for appealing.

3. If the decision provided for in paragraph 3 of part one of this article is made, the inquiry body, interrogating officer, investigator, head of the investigative body takes measures to preserve traces of the crime.

Article 123. Right of appeal

(as amended by Federal Law dated April 30, 2010 N 69-FZ)

1. Actions (inaction) and decisions of the investigator, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body, the prosecutor and the court may be appealed in the manner established by this Code by participants in criminal proceedings, as well as other persons in that part, in which the procedural actions performed and procedural decisions made affect their interests.

(as amended by Federal Law dated December 30, 2015 N 440-FZ)

2. If reasonable time limits for criminal proceedings are violated during pre-trial proceedings in a criminal case, participants in criminal proceedings, as well as other persons whose interests are affected, may contact the prosecutor or the head of the investigative body with a complaint, which must be considered in the manner and within the time limits established Article 124 of this Code.

Article 124. The procedure for considering a complaint by the prosecutor, the head of the investigative body

(as amended by Federal Law dated June 5, 2007 N 87-FZ)

1. The prosecutor or head of the investigative body considers the complaint within 3 days from the date of its receipt. In exceptional cases, when in order to verify a complaint it is necessary to request additional materials or take other measures, the complaint may be considered within 10 days, of which the applicant is notified.

(as amended by Federal Law dated June 5, 2007 N 87-FZ)

2. Based on the results of consideration of the complaint, the prosecutor or the head of the investigative body makes a decision to fully or partially satisfy the complaint or to refuse to satisfy it.

(as amended by Federal Law dated June 5, 2007 N 87-FZ)

2.1. If a complaint filed in accordance with part two of Article 123 of this Code is satisfied, the resolution must indicate the procedural actions taken to speed up the consideration of the case and the deadlines for their implementation.

(Part 2.1 introduced by Federal Law dated April 30, 2010 N 69-FZ)

3. The applicant must be immediately notified of the decision made on the complaint and the further procedure for appealing it.

4. In the cases provided for by this Code, the inquiry officer or investigator has the right to appeal the actions (inaction) and decisions of the prosecutor or the head of the investigative body, respectively, to a higher prosecutor or the head of a higher investigative body.

(Part four as amended by Federal Law dated June 5, 2007 N 87-FZ)

Article 125. Judicial procedure for consideration of complaints

1. Resolutions of the body of inquiry, the inquirer, the investigator, the head of the investigative body on the refusal to initiate a criminal case, on the termination of the criminal case, as well as other actions (inaction) and decisions of the inquirer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head investigative body and prosecutor who are capable of causing damage to the constitutional rights and freedoms of participants in criminal proceedings or complicate citizens' access to justice may be appealed to the district court at the place where the act containing elements of a crime was committed. If the place of conduct of the preliminary investigation is determined in accordance with parts two to six of Article 152 of this Code, complaints about the actions (inaction) and decisions of these persons are considered by the district court at the location of the body in charge of the criminal case.

(Part 1 as amended by Federal Law dated December 30, 2015 N 440-FZ)

2. A complaint may be filed with the court by the applicant, his defense attorney, legal representative or representative directly or through an investigator, the head of an inquiry unit, the head of an inquiry agency, an inquiry agency, an investigator, the head of an investigative agency or a prosecutor.

(as amended by Federal Laws dated July 24, 2007 N 214-FZ, dated December 30, 2015 N 440-FZ)

3. The judge checks the legality and validity of the actions (inaction) and decisions of the investigator, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body, the prosecutor no later than 5 days from the date of receipt of the complaint in a court hearing with the participation of the applicant and his defender, legal representative or representative, if they are involved in a criminal case, other persons whose interests are directly affected by the appealed action (inaction) or decision, as well as with the participation of the prosecutor, investigator, head of the investigative body. The failure to appear of persons who were timely notified of the time for consideration of the complaint and who do not insist on its consideration with their participation is not an obstacle to the consideration of the complaint by the court. Complaints subject to consideration by the court are considered in open court, with the exception of cases provided for in part two of Article 241 of this Code.

(as amended by Federal Laws dated December 8, 2003 N 161-FZ, dated July 24, 2007 N 214-FZ, dated December 2, 2008 N 226-FZ, dated December 30, 2015 N 440-FZ)

4. At the beginning of the court session, the judge announces which complaint is subject to consideration, introduces himself to the persons appearing at the court session, and explains their rights and obligations. Then the applicant, if he participates in the court session, substantiates the complaint, after which other persons who appeared at the court session are heard. The applicant is given the opportunity to make a statement.

5. Based on the results of consideration of the complaint, the judge makes one of the following decisions:

1) on recognizing the action (inaction) or decision of the relevant official as illegal or unfounded and on his obligation to eliminate the violation;

2) about leaving the complaint without satisfaction.

6. Copies of the judge’s decision are sent to the applicant, the prosecutor and the head of the investigative body.

(as amended by Federal Law dated July 24, 2007 N 214-FZ)

7. The filing of a complaint does not suspend the production of the appealed action and the execution of the appealed decision, unless the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body, the prosecutor or the judge find it necessary to do so.

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Methods for sending applications

You can submit a complaint:

1. Personally to the office of the investigative body, prosecutor's office, court.
2. By telegraph/mail.
3. Through the investigating officer.

The legislation allows the expression of a claim not only in writing, but also orally. In the latter case, it must be entered into the protocol. This document, like a written complaint, is sent to the head of the investigative agency or the prosecutor within 24 hours. The complaint must be signed not only by the complainant, but also by the investigating officer. When sending the protocol and complaint to superiors, the latter must attach his explanations. The prosecutor has a period of 10 days to consider the application. This period is considered the maximum. It cannot be extended under any circumstances.

Note

Contents of Art. 125 of the Code of Criminal Procedure of the Russian Federation is based on constitutional provisions. In accordance with Article 46 of the Basic Law, every citizen is guaranteed judicial protection of his freedoms, interests and rights. Thus, unlawful actions/inactions, decisions of state authorities, municipal authorities, public organizations, as well as employees of the corresponding rank can be challenged in court. The provisions of the article in question apply only to those circumstances that occurred during the pre-trial proceedings. In particular, we are talking about the stage of initiating proceedings and conducting a preliminary investigation. The applicant can be not only a citizen, but also a legal entity.

Additionally

In the comments to Art. 124 of the Code of Criminal Procedure of the Russian Federation states that:

1. The prosecutor must carry out criminal prosecutions on behalf of the state. At the same time, his powers include supervision of the implementation of procedural activities of the inquiry/investigation units.
2. The prosecutor considers and resolves complaints about the behavioral acts of officials involved in criminal proceedings, in accordance with the requirements established in the relevant Federal Law and the Code of Criminal Procedure.
3. An accepted claim is examined within three days. After this period, the prosecutor must make a corresponding decision. In Part 6, Art. 148 of the Code, the period for consideration of some applications for the decision of the investigator or inquiry officer to refuse to initiate criminal proceedings and the adoption of the corresponding act is limited to 48 hours.
4. If it is impossible to resolve the claim within a three-day period, the prosecutor has the right to increase it to 10 days. This situation may arise if the received materials are not enough to make an objective decision. If the period for consideration of a complaint is extended, the person who sent it must be duly notified of this.
5. The period during which the claim was resolved is calculated from the date it was received by the prosecutor's office until the day the response was sent to the applicant.
6. If the application is found to be justified, the prosecutor must take measures to eliminate violations of the law. In this regard, his decision may contain appropriate instructions to the official about specific activities and actions that he must carry out, and the deadline for this.

7. Partial or complete refusal to satisfy a complaint must necessarily have a reasoned explanation, with references to legislative norms, evidence and other materials.
8. The applicant is notified of the decision made in writing.
9. When satisfying the complaint, the prosecutor is obliged to explain the possibility of going to court or rehabilitation to restore violated rights.

The prosecutor's decision can be appealed by a higher official.

Everything about criminal cases

The prosecutor's refusal cannot be appealed to the court.

— it should immediately be taken into account that the actions of the prosecutor supervising the investigation are not subject to appeal in accordance with Article 125 of the Code of Criminal Procedure, this position is contained in paragraph 3 of Plenum No. 1. That is, it is impossible to appeal to the court the prosecutor’s refusal to satisfy the complaint.

— note: there is one nuance here: you can file a complaint in court, but not against the prosecutor, but against the investigator who committed the violation. Read the last paragraph of paragraph 3 of Plenum No. 1, it is explained there (it is not the prosecutor’s refusal that is being appealed, but the actions of the investigator).

- instead of filing a complaint, you can go the other way: prove that the prosecutor either issued an unlawful refusal, or he did not conduct a proper check. How to do it ?

I. Appeal to a higher prosecutor

- the first option, the simplest and fastest: appeal the prosecutor's refusal - to a higher prosecutor. (In this option, we can only appeal the refusal; we cannot know whether he actually conducted an inspection).

- the downside of this option: most likely your complaint will be sent down to the same prosecutor about whom you are complaining (there is no need to explain the consequences of such a “self-check”).

- however, this option also works: this happens in the case when the fact of violations committed by the prosecutor is obvious and is proven by the documents attached to your complaint. In this case, the complaint will also be sent down, but with strict instructions. And you can be sure that the prosecutor (who previously rejected the complaint) will call you and ask you to come and give additional explanations.

II. You can check the prosecutor and then complain

- the second option, longer: but it allows you to appeal both the refusal of the complaint and the inaction (or insufficient actions) of the prosecutor when considering the complaint.

Let's check whether there was a real check at all?

- the prosecutor is obliged for each complaint received: to create an audit material which should contain: explanations of the applicant (who must be called at least once to give explanations) and explanations of the officials against whom the complaint was filed.

— first we need to gain access to the verification materials. To do this, we turn to the prosecutor or his superior management (clause 4 of article 5 of the Federal Law of the Russian Federation “On the Prosecutor’s Office”).

- Having received your appeal (directly submitted to the district prosecutor's office or received from above, if you appealed to higher management), the prosecutor will immediately begin to fuss: he must either write a reasoned refusal to review it, or provide the inspection material for review. In this case, for his own safety, he will at least be forced to conduct a real check.