If the local police officer does not take action, where to go?

Is it necessary to file a complaint against a local police officer when his actions contradict the tasks assigned to the official? Or as a result of his inaction, the rights and freedoms of citizens were violated? We believe that the answer should be positive.

A police officer, such as a local police officer, performs one of the most important law enforcement functions of the state. It is he who is called upon to monitor the state of law and order in the territory under his jurisdiction. We can file a complaint against our neighbors with the local police officer, or provide information about a crime or offense being committed or committed. If his actions contradict the duties assigned to him, a complaint against the district police officer will help draw the attention of his superiors to this fact and, possibly, take corrective action.

Complaint against a local police officer

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?

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.

Application to court

If there is a bulletproof wall of indifference all around, write a statement to the court. In order to competently file a claim, it is better to involve a professional lawyer, for example, a lawyer from the SHERLOCK legal portal.

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A legal claim must meet its rules and requirements: words must be written correctly, without errors, corrections or abbreviations, all data specified in the claim must be true. Only applications written in Russian are accepted in court.

Applications must not contain profanity or offensive language directed at any party. Claims without full name and contact information (address and phone number) will not be considered.

The essence of the problem should be stated briefly, succinctly, and to the point. In order to correctly refer to a violation of any articles of the civil and/or criminal code, you will need to consult a legal advisor.

The law will be on your side if you filed a complaint and were able to prove the fact of neglect or violation of duties on the part of the district police officer.

If you have any questions, ask them directly on the site. A lawyer from the SHERLOCK legal portal will contact you for a free consultation as soon as possible.

A local police officer is a police officer of the Russian Federation who carries out his activities in a specific territory. The purpose of a district police officer’s work is to help people living in a particular house to prevent violations of their rights and freedoms.

This official has many powers: combating hooliganism, vandalism, fights; resolving issues related to violation of peace and quiet; assistance to families experiencing domestic conflicts; solving crimes of minor and medium gravity, and much more. However, this official does not always respond to people's problems.

What to do if your local police officer does not want to accept the application or does not react to it at all? Where can I complain about a local police officer in 2021 so that he can begin to fulfill his direct duties?

What responsibilities does a district police officer have?

Before complaining about an authorized police officer, you need to find out what duties he has. So, the list of direct responsibilities of the district police officer includes:

maintaining public order in the territory under his control;
identification of offenses and crimes in the area entrusted to him;
keeping records of persons (previously convicted of various crimes) who live in the territory under the control of the district police officer;
receiving applications from residents of houses, conducting verification of crimes committed;
conducting preventive conversations with teenage hooligans and people leading an immoral lifestyle;
resolving issues related to the noise of neighbors, the sale of alcohol and drugs on the territory entrusted to him, drinking alcohol near entrances or on playgrounds;
resolving issues related to illegal cutting of green spaces in the controlled territory, etc.

In what cases can you complain about a local police officer?

There can be many reasons for contacting a higher authority with a district police officer, for example:

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the district police officer does not react in any way to the statement of a person living in the territory under his control;
The district police officer performs his duties improperly, for example, he covers for neighbors who produce alcohol at home;
rudeness, threats, humiliation or use of physical force by the district police officer;
The district police officer broke the law, for example, he entered his apartment without the consent of the owner, breaking the lock.

Responsibility

The types of responsibility of employees of the Ministry of Internal Affairs are given in Art. 15 Federal Law No. 342 of November 30, 2011. She may be:

criminal _ It is provided for by the Criminal Code and is imposed for committing crimes. The fact that the act was committed by a police officer is a circumstance that influences the application of a more severe punishment to the offender.
administrative. This type of responsibility may be based on a disciplinary statute, that is, one that is applied to them by management. It is similar to the penalties established by the Labor Code for civil servants. This could be a reprimand, reprimand, warning, demotion or dismissal. Or there may be administrative liability, which arises on general grounds, regulated by the Code of Administrative Offenses.
disciplinary . That is, liability arising for violations of the rules established for police officers, which they must comply with while on duty;
civil law . It will come when the court makes a decision not in favor of the district police officer.

Who should I complain to about the local police officer?

You can submit a complaint to the following authorities:

Head of the division of local police officers.
To the prosecutor's office.
To court.

Complaint about the inaction of the local police commissioner to the head of the unit

The very first authority to contact in the event of a precinct officer’s failure to fulfill his direct duties or in case of improper performance of them is the police department on duty.

You should contact the boss to whom the particular district police officer reports. You can contact the head of the territorial police department orally or in writing.

Usually, one trip to the boss is enough for the unfortunate police officer to receive a reprimand, suffer punishment and begin to fulfill his direct duties.

In some situations, it is enough just to threaten the district police officer with writing a complaint so that he begins to fulfill his direct duties and does it honestly.

A sample of a complaint submitted to the head of the territorial body of the Ministry of Internal Affairs is presented below:

To the head of police department No. 2 of the Ministry of Internal Affairs of Russia

in Rostov-on-Don

from Izmailov V.K., living at the address:

Rostov-on-Don, st. Commonwealth, 16/18

tel. 8 (916) 6555878

on the inaction of the local police

09/1/2018 at 18:00 near the 1st entrance of house No. 16 on the street. Commonwealth underage children drank alcohol. Immediately at the scene of the crime, I called district police officer O.K. Mikhailov, but he did not answer my call. Then I went to the public law enforcement center, where the local police officer usually sits, but he wasn’t there either. After 2 hours, Mikhailov O.K. called back and said that he had resolved the situation, but in fact he did nothing. The teenagers continued to sit on the bench and drink alcohol.

Based on the facts stated above, I ask:

conduct a check of the legality of actions/inactions of district police officer Mikhailov O.K.;

bring district police officer Mikhailov O.K. to account for failure to fulfill his direct duties.

photographs taken on September 1, 2018, which depict the violation of order by minors;
a disc with a recording recording the fact of drinking alcoholic beverages near entrance No. 1 of building No. 16 on the street. Commonwealth, Rostov-on-Don.

09/02/2018 signature Izmailov V.K.

Complaint against the district police officer to the prosecutor's office

If the complaint sent to the head of the police department also did not bring results, the applicant was not informed about the results of its consideration, then he has the right to file a complaint against the district police officer with the prosecutor's office.

At the same time, it is important that he has evidence that he has previously applied to the head of the district police department (it is necessary to make a copy or duplicate of the application, which will indicate the date of its acceptance, the full name of the person who accepted the application, signature).

An example of writing an application for a district police officer to the prosecutor's office is presented below:

To the prosecutor's office of the Kirov district of Volgograd

from Shuvalov K.I., residing at:

Volgograd, st. Timiryazeva, 14/78

tel. 8 (916) 1255478

I, Konstantin Igorevich Shuvalov, declare that on August 15, 2018, district police officer A. A. Evtukhov demanded a bribe from him in the amount of 6 thousand rubles for the intention of my son, Sergei Konstantinovich Shuvalov, to change his actual place of residence in connection with employment. For this money, he wanted to provide him with permission to travel outside of Volgograd and not draw up a report on his son’s absence from the address (the son was released early from prison on July 10, 2018).

In connection with the above circumstances, I request:

conduct an investigation into the fact of violation of his duties by district police officer A.A. Evtukhov;
notify me of the results of consideration of this issue.

08/18/2018 signature Shuvalov K.I.

Documents regulating the work of the district police officer

The main document regulating the general issues of the activities of a district police officer as a police officer is Federal Law No. 3-FZ of 02/07/2011 “On the Police”. According to him, he is obliged:

not only know, but also comply with Russian laws and regulations;
perform duties in accordance with the job description;
when performing service, respect the interests and rights of citizens, organizations, public associations;
provide first aid to victims (from administrative offenses, crimes, accidents, those in a helpless state, etc.);
comply with lawful instructions and orders of management;
resolve official issues with your immediate supervisor or superior, notifying your boss;
when a citizen informs him of information about a crime, offense, accident or independently identifies these facts, take all necessary measures to save a person or people, prevent or suppress illegal actions, detain the perpetrators and report this to the police;
when serving, do not violate the internal regulations of the organization;
to properly perform duties, maintain an appropriate level of qualifications;
not to disclose information that became known to him while on duty.

The responsibilities of a local police officer are directly spelled out in another legal act - Order of the Ministry of Internal Affairs of Russia No. 1166 of December 31, 2012, “Issues of organizing the activities of local police commissioners.” These include:

correct application in work of the forms and methods of offenses and crimes, the procedure for production and procedural registration of urgent investigative actions, proceedings in cases of administrative offenses;
knowledge of the territory of the serviced administrative area;
ensuring the safety of citizens;
knowledge of storage locations for firearms, explosives, location of pharmacies and other premises for the storage and circulation of narcotic and psychotropic substances, other storage facilities for items or substances whose circulation is limited or prohibited in the Russian Federation;
acceptance of information about offenses, crimes and incidents with their further transfer to the operational duty officer and recording of information in the book of registration of reception of citizens, their statements and messages;
execution, within the scope of competence, of a court decision, written instructions of an investigator, an interrogating officer;
checking reports of a crime or offense and taking appropriate measures (for example, drawing up a resolution under an article of the Code of Administrative Offenses of the Russian Federation or transferring material about a crime to inquiry or investigation to resolve the issue of initiating a criminal case);
bringing to the attention of applicants the progress of consideration of applications, reports of a crime, offense, or incident under investigation;
exercise of other powers assigned by regulatory legal acts.

The specific responsibilities of the district commissioner are set out in his job description (regulations).

Complaint against a local police officer for inaction: nuances of writing

When writing a complaint it is important:

indicate reliable information about who is writing the application;
In the text of the complaint, obscene statements and swearing are unacceptable;
the text of the statement must be correctly composed, it should not contain lyrics or a long introduction. It is important to remember and describe all the facts that happened;
It is advisable to support the document with evidence - photographs of the event that occurred, video evidence, etc.

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The period for consideration of a written complaint submitted to the district police officer is 30 days . If the responsibilities of the district police officer do not include this or that issue, then he must redirect the application to the subordinate department within 7 days.

How to file a complaint against a local police officer?

You can do this in several ways:

File an oral complaint addressed to the head of the district police department. Important! When filing a complaint, you must provide evidence of the illegality of the district police officer’s actions. For example, you can record a conversation with a district police officer on a voice recorder, bring documents where it will be established that the district police officer is neglecting his duties and exceeding his authority.

In writing - write a complaint and send it to the appropriate department, to the prosecutor's office by registered mail with notification. You can also bring a written complaint in person to the reception/office/duty department, and make a copy of the registered statement so that it is proof that the person filed a complaint.

Send a complaint through the Internet reception of the authority where the person is writing the application (the Internet reception of the prosecutor's office of a specific district and city).

What to do if the local police officer does not respond to complaints?

If your local police officer does not take any action to calm down the raging neighbors, stop the illegal sale of alcohol in the local area, etc., then every citizen of the Russian Federation has the right to call the hotline - 8-800-222-74-47 . This is the helpline of the Russian Ministry of Internal Affairs.

It is advisable to call here if a crime or any offense is being committed before your eyes, and the local police officer does not respond to your calls or is not there at all.

Head of local department

In case of unlawful actions, gross mistakes or inaction of the local police officer, this option will be the most acceptable. This is only a short list of possible violations; in addition to inaction and abuse of power, citizens may encounter problems such as:

Failure to comply with the deadlines for registering an application;
Illegal fees for the provision of public services;
Unfounded accusations;
Gross violation of work rules and unprofessional actions;
Gross errors in documentation.

Read also: Filing a complaint about a bad kindergarten

If you have to deal with the inaction of a local police officer, you can contact his leadership, the leadership of the department, the chief of police, and even the head of a higher internal affairs agency. According to the law, a complaint can be sent in various ways - both on paper and in an email, or even transmitted orally during a telephone conversation. But as practice shows, the most effective option remains a classic paper application, drawn up and formatted according to the model. If your application does not correspond to the sample, you will be refused consideration. A sample complaint about unlawful actions of police officers can be downloaded on our portal. Where to send an electronic version of the complaint? Nowadays, there are constant queues in almost all government institutions, and there are big traffic jams on the roads, no matter where you go. So you can send an application via the Internet using the official website of the Ministry of Internal Affairs of the Russian Federation. To do this, you will need to find the “Acceptance of Appeals” section and fill out a claim using the proposed sample.

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.

Who can consider allegations of inaction by law enforcement agencies

If a police officer does not want to fulfill his duties or, on the contrary, exceeds his powers, citizens can complain about him.

Head of the district department

First of all, a complaint against a district police officer for inaction must be submitted to the head of the district office, under whose subordination he is. In order to show your displeasure, you can simply call the duty station.

Regions, as a rule, have their own helplines where you can actually turn. You can be sure that the complaint will reach management, because all complaints are subject to audio recording.

Or you can personally come to the department at the established hours for receiving citizens and bring an application with you .

Prosecutor's office

If there is no solution to the problem from the head of the department, or his answer does not satisfy you, it’s time to write a complaint against the local police officer to the prosecutor’s office. This body performs direct supervisory functions, that is, its responsibilities include monitoring the implementation of laws by government authorities. The department must be selected according to the area where the district police officer who violated your rights works.

If
the appeal occurred in a criminal case, then the prosecutor must consider it within 3 days .
Only in cases where additional documents are required to make a competent decision, the period may increase to 10 days. Other complaints are considered according to the rules established by 59-FZ and Order of the Prosecutor General's Office No. 45 of January 30, 2013. How to complain about a local police officer? Writing a statement will be the most effective way.

Indicate in the header the organization you are applying to, your details and coordinates. In the text, describe the reasons for contacting the police, what reaction followed, and what you disagree with. The application should be accompanied by all possible evidence relating to the disputed case. The document must be dated.

The period for consideration of the application is set at 30 days. But if to resolve the conflict it is not necessary to involve other government structures or request documents, then the answer can be given within 15 days.

And during the period while the verification is taking place, the applicant can get acquainted with any certificates and papers that directly relate to his application and are on file. The only exceptions are data that constitute a state secret.

The answer issued as a result of resolving the issue must contain references to the regulations that guided the officials. And if the applicant’s demands are not satisfied, then it must contain not only the data on the basis of which the refusal occurred, but also an explanation of the procedure for appealing such a decision.

Court

You can apply to the court for restoration of the violated right. The dispute process regarding issues of exceeding the powers of employees of the Ministry of Internal Affairs or their failure to fulfill their duties takes place in accordance with Chapter 22 of the CAS.

Constitution in Art. 52, 53 establishes the possibility for a victim of abuse by authorities to receive compensation in the form of monetary compensation.

This rule is clarified in Art. 1069 Civil Code. The norm specifies the need to pay from the budget for damage that was caused to a citizen as a result of an official committing unlawful actions or due to his failure to fulfill his duties.

In this case, the violator must compensate for losses. Under losses, in accordance with Art. 15 of the Civil Code, means the money that the victim had to spend to restore his rights, return missing things or lost property, as well as the income that the victim could have received if the offense had not occurred.

The case will be considered in civil proceedings by courts of general jurisdiction. The defendant must indicate the authority in the relevant territory. And the employee who violated your rights is a third party. Based on the results of the consideration of the case, a decision will be made. If it is rendered in favor of the plaintiff, then payments will occur according to the rules of Chapter 24.1 of the Book Code.

If the appeal occurs in connection with a criminal case , then for regulation of this process it is worth turning to Art. 125 Code of Criminal Procedure. It says that the document is submitted to the district where the authority is located; the applicant can submit it independently if the district police officer has stopped or has not initiated the case at all .

The judge prepares documents within five days and holds a meeting to consider the complaint on the merits. Based on the result, a decision may be made either to leave the document without satisfaction, or it establishes that, indeed, the district police officer did not behave properly, and obliges him to eliminate the errors. If the actions of the judge do not satisfy you, then you can complain about him.

An appeal against a court decision: how to file it correctly and where to file it

Commissioner for Human Rights

If none of the above methods work, then you can contact the Commissioner for Human Rights. But you need to understand that the decisions of the Ombudsman do not replace resolutions already adopted by other authorities or their employees . The Commissioner may reconsider complaints with the involvement of relevant structures. The period of appeal from the moment of violation is limited to one year.

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.

Reasons for filing

Quite often, after submitting an application to the local police officer, a citizen receives nothing in response. Such inaction on the part of a law enforcement representative is considered a violation of the rights of citizens.

Inaction/illegal actions on the part of the district police officer in relation to citizens submitting an application are a manifestation of improper performance of their official duties.

In such situations, citizens are usually lost and do not know where to complain about a police officer. Others, on the contrary, have a negative experience when contacting the police with a claim to work for their employee.

Where can I complain?

If the actions of a local police officer contradict current legislation, you can file a complaint:

In the name of the initial duty department of the Ministry of Internal Affairs, in which the careless district police officer works;

Quite often the situation that has arisen can be resolved at this level. However, if the boss takes the side of his subordinate and refuses the complaint, you can contact one of the following authorities:

A complaint against a local police officer should be made to this authority if a citizen has evidence of moral or material damage caused by a law enforcement officer. When applying to a court, you must file a claim in the prescribed form.

A sample statement of claim for a district police officer can be downloaded below, you can get a sample to fill out from the lawyer whose services you decide to use, or you can get a form to fill out when you go to court directly.

If the district police officer’s guilt is proven, he will be brought to administrative or criminal liability.

You should contact this authority if you are faced with the inaction and unlawful actions of a local police officer. After filing the appeal, prosecutors will conduct an unscheduled inspection of the institution and its employees specified in the complaint and check the legality/illegality of the actions of the persons working there.

If the illegal actions described in the complaint are confirmed, the perpetrators will be brought to administrative responsibility.

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.

Structure and sample of a complaint

Regardless of the authority for filing a complaint, when drawing up the complaint, the following design features should be taken into account:

A complaint against a police officer must be drawn up as competently as possible: without grammatical or spelling errors. The more competently the document is drawn up, the more seriously the authorized persons will take its consideration;

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A complaint to the chief of police or the prosecutor's office does not have a prescribed form. However, a sample complaint against a district police officer can be downloaded on the Internet or obtained from a lawyer.

As for drawing up a statement of claim against a district police officer, when drawing it up you need to be guided by the rules for drawing up claims (based on the Civil Procedure Code of the Russian Federation).

Both in the complaint and in the claim there should be no corrections or crossed out words. The document must be filled out with a pen of the same color (blue or black);
The style of address is businesslike;
The statement should not contain words with a strong emotional connotation, obscene or abusive expressions, or the expression of a subjective rather than an objective point of view;
Each fact listed in the complaint must be supported by law;
The descriptive part of the complaint must be drawn up extremely correctly, briefly and concisely, “without water”, but extremely meaningful. The main thing is to describe the essence of filing an application, indicate what rights were violated, and confirm it with the relevant articles of the Law;

The complaint must be completed in two copies. One copy will be transferred to the appeal authority, and the second will remain in the hands of the applicant.

As for the information that must be included in the complaint itself, it must include the following information:

Details of the person to whom the complaint is submitted: last name, first name, patronymic, position of the person;
Applicant's details: last name, first name, patronymic, residential address (permanent or actual), contact phone number;
The title of the document is a complaint about the inaction of the district police officer;
Descriptive part: essence of the problem, facts, legislative support;
The applicant’s demands in relation to the district police officer who responded improperly/ignored the submitted application;

You can file a complaint against a local police officer with the police or prosecutor’s office either in any form or using a sample document that can be downloaded on the Internet or obtained a sample when contacting one of the authorities.

Sample complaint about inaction of police officers

Prosecutor of Yekaterinburg

From a lawyer

Complaint about police inaction

in accordance with Art. Code of Criminal Procedure

for a decision to refuse to initiate criminal proceedings

District Commissioner of OP No. 7 Regional Ministry of Internal Affairs of Russia for the city of Yekaterinburg Art. Police Lieutenant V.V. a decision was made to refuse to initiate a criminal case based on the inspection material. This complaint about police inaction contains grounds for overturning the premature decision.

ATTENTION: Our criminal lawyer will help you defend against unlawful actions or inactions on the part of law enforcement agencies; there is now a complaint promotion, which has an advantageous offer and should not be ignored (more details at the link). A criminal lawyer always uses complaints in his arsenal of defenses in a criminal case, since only with their help can regulatory authorities learn about violations of the rights and freedoms of the suspect, accused or victim in the case. Petitions from a lawyer in criminal cases can be aimed both at suppressing the actions of the investigator and at raising the issue of the need to carry out additional investigative actions.

The decision to refuse to initiate criminal proceedings is illegal and unfounded. In this regard, I think it is necessary to check it for legality in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation, analyze the present complaint about the inaction of the police.

I believe that the act of A.V. in relation to my principal V.V. contains all the elements of a crime. Since A.V. claims that he has acquired ownership of residential premises - an apartment and rents it out to other citizens. He does not have documentary evidence of the transfer of ownership as required by law. He refers in his oral submissions to handwritten receipts, the existence of which has not been established. I believe that this is an unfounded justification, since the fact of their existence has not been established, and a handwriting examination has not been carried out to determine the fact that they were compiled in his own hand by the son of my client A.V.

Citizen A.V. doesn’t let V.V. in his home, which is legally registered in Rossreestr, where a certificate of registration of ownership of the specified apartment was issued.

This complaint about police inaction is filed in defense of rights. Currently, there is complete inaction on the part of the executive authorities to protect the constitutional right of my client.

The initiation of a criminal case was refused based on the words of citizen E.A., who indicated that she had been renting an apartment for 10 years, and citizen A.V., who indicated that he had receipts from A.V. about the transfer of funds for the apartment.

IMPORTANT: Our lawyer is ready to represent and defend your interests - protecting the victim is the direction of his legal activity. A complaint to the prosecutor is only one of the stages in building the protection of your rights.

We believe that a complaint about the inaction of the police will help to understand the truth of the case. The grounds for canceling the appealed decision to refuse to initiate a criminal case based on the inspection material from the year are:

the inspection by the local commissioner of OP No. Regional Department of the Ministry of Internal Affairs for the city of Yekaterinburg was carried out superficially, since the documentary evidence of the words of the indicated persons was not taken into account. Citizen E.A. In general, she was brought to administrative responsibility under Art. Code of Administrative Offenses of the Russian Federation and does not have a rental agreement for residential premises confirming the fact of renting residential premises. In addition to this, citizen E.A. on the basis of current legislation, an obligation arises to register at the place of residence within 30 days from the moment of being on the territory of a subject that is not the citizen’s place of residence.
Citizen A.V. has handwritten receipts from A.V. about transferring money to him for the apartment. Not a single mandatory condition for acquiring ownership of real estate by A.V. was not observed, therefore, he cannot have the powers of the owner, namely possession, use, disposal of the specified apartment. Moreover, district commissioner V.V. The very fact of the existence of these receipts is not clear, which indicates the superficiality of the check on his part.
Also, the district commissioner, during the inspection and visit to the address, did not establish the number and composition of those currently living in the specified apartment and the basis for the right of residence of these unidentified persons.
During the inspection, the district commissioner was satisfied only with an oral questioning of citizen E.A. and citizen A.V. I believe that, at a minimum, it was necessary to obtain written explanations from the above persons.
Upon receiving an application from V.V. explanations and documents confirming ownership of the previously indicated apartment were not taken into account, namely the certificate of registration of ownership of the apartment.
Based on the veracity of A.V.’s testimony. and the authenticity of the receipts received from A.V. I think it is necessary to conduct a handwriting examination. I believe that the receipts received, if any, were not written in A.V.’s own handwriting, but the circumstances of the entry into A.V.’s apartment. illegal and unlawful.

Based on the above, I believe that the decision to refuse to initiate a criminal case is unfounded, illegal, unmotivated, and absolutely far-fetched.

Based on the above and guided by the law, I believe that the complaint about the inaction of the police should be satisfied.

ASK:

cancel the decision to refuse to initiate a criminal case and initiate a criminal case against A.V.
oblige to interrogate persons brought to criminal liability and persons who illegally reside in the specified apartment.
request and conduct a handwriting examination to determine the consistency of A.V.’s handwriting. and handwriting on receipts.

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