Unfortunately, the bailiff service does not always execute court decisions as quickly, efficiently and lawfully as we would like - for various reasons. The balance of rights and interests of the debtor and the claimant may not be respected due to incorrect actions of the bailiff, including the adoption of an illegal resolution, act, etc.
There are several possibilities for appealing against the bailiff’s actions/inactions. You can file a complaint:
- in the order of subordination (i.e. to a higher bailiff),
- to the prosecutor's office or go to court (Article 19 of the Federal Law “On Bailiffs” No. 118-FZ of July 21, 1997).
What is a subordinate complaint?
A universal way, the fastest and most appropriate for expressing dissatisfaction with the current and organizational issues of the bailiff’s activities, when no serious violations have yet occurred and global consequences (such as causing damage, impossibility of further execution of the court decision) have not occurred. For example, the bailiff unreasonably delays in carrying out the enforcement action, and this can be corrected literally within a few days.This is a complaint to the immediate supervisor of the bailiff, a superior person.
You can complain about an ordinary bailiff to the senior bailiff of the department, about a senior bailiff - to the chief bailiff of a constituent entity of the Russian Federation, then - to the chief bailiff of the Russian Federation. (Article 123 of the Federal Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007).
What is the difference between an application, a complaint and a claim?
Citizens' appeals take several forms. Their division into types depends on the content of the petition.
How to write a correct complaint to the prosecutor's office? The content of the complaint is a violation of the rights and interests of citizens. This is a written document that is submitted to a government agency and is drawn up by a citizen. The reason for its formation is the action or inaction of authorities, when a person signals that they have violated the requirements of the laws. Art. speaks about the right of the population to appeal to the authorities. 33 basic laws of the country. To help the Constitution - N59 Federal Law of 2006. The complaint always contains a request for restoration of the violated right.
The statement, which is sent to the prosecutor, also reflects the issue of violation of the law by government agencies. Usually the applicant describes how this happens and asks for assistance in ensuring that this does not happen again. But the application usually does not indicate a requirement to restore the applicant’s violated right.
The content of a claim is a requirement that arises in the area of fulfillment of obligations of one party to the other. Typically the claim is filed by the injured party. She suffered losses due to the fact that the second one did not fulfill its obligations under the transaction. Or she performed them, but not efficiently. That is, she violated the clauses of the contract or the law. The claim is made in writing and, by analogy with a complaint, does not have a strict form. When writing it, a clear statement of the essence of the existing dispute, its significance for the parties, the requirement for fulfillment of the obligation, as well as the deadline for this to be done is required. The claim is addressed to the one who violated the obligation.
One type of claim is a complaint. Usually it is compiled by the buyer, the customer. It is addressed to the seller, contractor. Its subject is the inadequate quality of the product, as well as its missing quantity during the warranty period. In the complaint, the party puts forward very specific demands:
- elimination of shortcomings;
- reduction in the cost of goods;
- compensation for damage.
A complaint is filed in a situation where a product has been received that is of inadequate quality, as well as in the process of carrying out production work, violation of the delivery time of goods, etc.
The difference between the two statements is that the complaint is classified as an administrative relationship, and a complaint with a claim is classified as a civil law relationship. A claim is always a way of pre-trial settlement of a controversial issue in economic legal relations before the intervention of the court. In some cases, compliance with the claim procedure is an imperative requirement of the law. Otherwise, the court will not accept the claim for consideration.
When is a complaint filed with the prosecutor's office?
A statement to the prosecutor's office is written when a citizen sees that a violation of Russian laws is occurring. The list of issues for which you should contact this body is listed in No. 59 of the Federal Law. S. 1, paragraph 2 of the NLA establishes that citizens can apply to this body for the following reasons:
- non-compliance with laws and regulations by state and regional and local authorities, officials of non-profit organizations;
- violation of citizens' rights by public authorities;
- illegal actions of officials of commercial organizations;
- identified violations in the work of bailiffs.
Statements and appeals from citizens are grounds for the prosecutor to take certain actions against violators. Art. speaks about this. 10 of the law regulating the work of prosecutors.
Requirements for persons appointed to the positions of prosecutors
A complete list of requirements for a person appointed to the position of prosecutor can be found in the text of Art. 40.1 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”.
In accordance with the provisions of this article, a citizen of the Russian Federation who: a) has received a higher legal education can become a prosecutor; b) is able, due to health reasons, to perform the official duties assigned to him.
At the same time, a citizen cannot be hired to serve in the prosecutor’s office and remain in the specified service if he:
- Has citizenship of a foreign country;
- Recognized as incompetent (or partially capable);
- Deprived of the right to hold public civil service positions;
- Has or has ever had a criminal record;
- Is closely related or related to an employee of the prosecutor's office (only if their service is related to the direct subordination or control of one of them to the other).
General procedure for writing an application to the prosecutor's office
A sample complaint to the prosecutor's office can be found on specialized websites on the Internet. It is better to immediately write a correct statement so that the prosecutor does not return it back, thereby saving time.
For an official to take action against a violator, he must consider the complaint on the merits of the issue. The citizen is notified in writing that the application has been accepted and is being considered.
How to correctly write a statement to the prosecutor's office? In order to consider and analyze a situation in which human rights were violated and the requirements of legal norms were violated, the prosecutor must have complete information about the event that occurred. The complaint reflects it. It contains the following information:
- name, location of the prosecutor's office;
- applicant data: last name, first name, patronymic, registration address, telephone numbers;
- information about whom the person is complaining about.
The application must indicate not only the email, but also the postal code. The prosecutor's office sends a notification to him that work has begun on the complaint, as well as about the interim results of the investigation into the circumstances of the controversial case.
The main text of the complaint contains an appeal that states that human rights are infringed upon and violated. Documents, copies, as well as evidence of the applicant’s correctness are attached to the application. The complaint must be marked with the date of its filing and a signature at the end.
How to write a statement to the prosecutor's office about non-payment of wages
How to write a statement to the prosecutor's office about non-payment of wages? Workers can do this after 15 days from the date of non-payment. But first, they need to contact the employer in the form of a written complaint. If he does not respond to it, write a complaint to the prosecutor's office.
The details of the document remain unchanged, only the essence of the introductory and main parts of the document changes. Information about the situation in which the head of an LLC, individual entrepreneur and other companies withholds wages must be indicated clearly and completely.
The complaint addressed to the prosecutor's office on this issue contains the following information:
- Information about the employer (name of organization, individual entrepreneur, address, last name, first name, patronymic of the boss).
- Information about who the author of the appeal is. In the collective form, a list of all persons.
- Information about the period of non-payment of wages, the amount of total debt to the workforce.
- Information about an attempt to peacefully resolve the dispute.
- The requirement to transfer documents to the tax office for the application of administrative measures to the management of the organization. This is Art. 5.27 Code of Administrative Offences.
- Requirement to initiate criminal proceedings against the employer. This is Art. 145.1 of the Criminal Code of the Russian Federation.
- Claim for moral compensation. The conditions are defined in Art. 237 Civil Code of the Russian Federation.
The complaint is accompanied by certificates and other documents that confirm the circumstances specified in the document.
How to write an application to the prosecutor's office against bailiffs
If a citizen is dissatisfied with the work of a bailiff, he can complain to his boss. Do this in writing. If no one responds to this document, feel free to file a complaint with the prosecutor’s office. Typically, the reasons why complaints are filed against bailiffs are the following:
- a decision of an official that was issued in violation of the laws;
- inaction of the bailiff;
- presence of evidence that the bailiff received a bribe;
- during the work, the bailiff exceeded his authority.
How to write a correct statement to the prosecutor's office about fraud against bailiffs? Having accepted the complaint, the prosecutor begins checking the bailiff.
How to complain about housing and communal services
How to write a statement to the prosecutor's office for housing and communal services? The complaint is filed against the management company on whose balance sheet the apartment building is located.
In order to submit an application, the following grounds must be present:
- The management company appropriates money received from residents.
- Illegal storage of money.
- Inaction in relation to duties (failure to comply with the requirements of Article 161 of the RF Housing Code).
At meetings of residents, the management company enters into an agreement with them for the maintenance of the house and the territory that is located near it. Therefore, residents who are connected with a legal entity through contractual relations have the right to contact the prosecutor’s office, and the management company does not comply with the clauses of the agreement.
How to write a statement to the prosecutor's office against police officers
How to write a statement to the prosecutor's office against the actions of police officers? A government agency is a law enforcement agency responsible for protecting the rights and freedoms of citizens. However, among the employees of these bodies there are also lawbreakers. The reasons for complaints are the following:
- refusal to initiate a criminal case due to incomplete verification of the provided data;
- initiation of a criminal case under articles of the Criminal Code that impose a more lenient punishment on a citizen;
- deliberate delay in the investigation of a criminal case;
- failure to provide the police with a copy of the decision on the case;
- suspension of the proceedings.
There are violations that a police officer eliminates without interference in the process of the Prosecutor's Office. For example, this is an addition to the protocol, the appointment of an additional examination.
Questions from our readers
When will the prosecutor's office refuse?
In some cases, prosecutors may refuse to consider a complaint.
These include situations:
- lack of meaning in the complaint (the incident is not clearly stated, the requirements and claims are unclear);
- resubmission of a similar appeal (if previously the prosecutor's office gave a reasoned response to the complaint);
- the presence of obscene expressions, emotional phrases, threats.
If the prosecutor's office decides to suspend correspondence with a citizen, they notify him within 40 days. When the applicant eliminates the shortcomings of the complaint, correspondence can be resumed.
How to file a collective application?
A complaint written by a group of people has features in the text of the appeal. It must be drawn up with a list of all the necessary details, with a clear list of people who are complaining about the organization or a specific person.
If the list of persons does not fit into the text of the complaint, then you need to make a list on a separate sheet and attach it to the application sent to the Prosecutor's Office.
The application must indicate that it is of a collective nature!
How to submit an application to the prosecutor's office online?
How to write a statement to the prosecutor's office via the Internet? Remotely filing a complaint with government authorities has a number of advantages. Firstly, a person or group of people saves their own time. They do not spend it on personal visits to the Prosecutor's Office. Secondly, the risk of errors when writing a document is minimized, since its form is compiled on specialized sites. The user just needs to enter the required information in the fields.
There are several sites through which complaints are sent. The most famous of them is the Internet portal Gosuslugi.ru. The user registers on the site, enters his mobile phone, creates a login and password. The system will ask him for his passport details, as well as other identification information.
After registration, a person uses all the capabilities of the Internet service, including filing complaints. The application form has been prepared in advance. As well as the header of the complaint, in which information about the applicant is already automatically determined.
Methods of circulation
Complaints to the General Prosecutor's Office of the Russian Federation are submitted personally by the applicant.
However, there are other options for sending a request:
- through a proxy with a notarized power of attorney;
- by Russian Post by registered mail to the address: Moscow, Bolshaya Dmitrovka street, building 15A, index 125993, post office GSP-3;
- send a sealed package by courier;
- use Internet services, and in particular the official website of the General Prosecutor's Office of Russia.
It must be said that filing a complaint via the Internet is a very convenient and popular method.
Please note! In order to use it, you must:
- go to the official website of the General Prosecutor's Office of the Russian Federation https://genproc.gov.ru/contacts/ipriem;
- study the applicant's submission rules;
- check the box if you agree;
- Next, a window will open in which you will need to detail the essence of the complaint. The applicant will only need to fill in the blank fields. The sample complaint is designed in such a way that any citizen without special knowledge and skills can understand it.
Deadlines for consideration of applications
There are two types of deadlines for considering a complaint: general and shortened. The total is 30 days. These are statements that do not require the prosecutor to immediately respond to the current situation. Shortened period – 15 days. The issue under consideration is accelerated if the essence of the case stated in the application does not require the official to conduct an additional check.
The timing of a specific request is influenced by several factors:
- The need to consider a controversial case by lower-level law enforcement agencies.
- Hollow or partial restoration of the violated rights of a citizen or group of persons.
- The need to carry out explanatory work on the complaint materials.
