Complaint against a local police officer: sample 2021

The work of the district police officer is aimed at resolving conflict situations that arise between neighbors, resolving or counteracting crimes. Many people consider district police officers to be the lowest level in law enforcement agencies, but in most cases it is with them that citizens have to come into contact.

Due to the fact that the position of a district police officer is the starting point when working in the police, few people agree to carry out the duties assigned to the district police officer. This leads to the fact that a large number of employees working as district police officers perform their duties in bad faith and do not respond to requests from citizens living in their assigned area. In this case, the question arises: “Where to complain about the local police officer” and “How to properly file a complaint.” These are the questions we will try to answer.

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What may serve as a basis for a complaint?

There are cases when a citizen writes a complaint against his local police officer, but he receives nothing in response. Such actions are considered a violation by law enforcement.

If a local police officer takes illegal actions or does nothing at all in relation to citizens who filed an application, this will constitute a failure to fulfill his obligations.

After no action has taken place on the part of the local police officer, the citizen may give up, or may write a complaint against him. Before filing a police report, you should consult a legal specialist. Having learned your problem, he will tell you what rights were violated, how to file a complaint and what to expect from such proceedings.

What are the consequences for a police officer if he fails to perform his duties?

According to the legislation of the Russian Federation, a police officer may be held accountable for dishonest performance of his duties or inaction. The punishment depends on what violation was committed by the precinct commissioner. A negligent law enforcement officer may be subject to:

Criminal liability;
Administrative responsibility;
Disciplinary responsibility;
Civil liability.

Police officers who have committed serious crimes face criminal prosecution. Administrative liability is imposed for failure to comply with the disciplinary regulations. An example of such a violation may be the dishonest performance of direct duties. Typically, administrative responsibility is expressed in the form of a reprimand, warning, and in extreme cases, dismissal from office.

Disciplinary liability occurs in cases where law enforcement officers do not comply with internal documents regulating the behavior of employees. The district police officer faces civil liability if the court sides with the applicant and makes an appropriate decision.

Where to complain?

If you decide to file a complaint against a local police officer, then first determine the local police officer’s place of work and write a complaint addressed to his boss. In most cases, such complaints are resolved positively in favor of the complainant.

Attention! If the head of the unit takes the side of his employee, then you need to contact the following higher authorities: the court or the prosecutor's office.

They go to court when there is confirmation and evidence of violations by a law enforcement officer, as well as evidence that moral or material damage has been caused. They draw up a statement of claim and, if necessary, can use the services of a lawyer.

Download a sample complaint against a local police officer

If, after a trial, the district police officer is found guilty, he will face administrative or criminal punishment. Having evidence that the local police officer caused damage, submit an application immediately; there is no need to postpone such a case.

When the actions of the local police officer are not legal or the police officer does nothing at all when you contact him with your problem, then you should contact the prosecutor’s office. After such a complaint, the district police officer’s workplace will undergo an unscheduled inspection. If the inaction or illegal actions of the district police officer are confirmed, the guilty person will bear administrative liability. To quickly resolve the problem with the local police officer, file a complaint with all organizations at once, this way the problem will be resolved much faster.

Where can I complain?

The opportunity to complain about a local police officer is directly provided for in Article 53 of the Federal Law “On Police”, according to which if a local police officer is inactive or violates the law, you can file a complaint with a higher authority or a higher official, the prosecutor’s office of the Russian Federation, or the court.

Head of territorial department

First of all, you should file a complaint about the inaction of the local police officer to the chief of police of the territorial department. The head of a department has the authority to apply disciplinary sanctions to his subordinates and can oblige them to do their work in good faith. First, you can try to solve the problem quickly and simply come to a personal meeting with the head of the territorial department. You can find the contacts of the desired territorial department on the website of the Ministry of Internal Affairs of the Russian Federation.

At the reception, you will need to describe the situation and inform about your intention to file complaints with all authorities. Quite often this is enough to restore justice. If the authorities do not cooperate, you will have to file a complaint against the local police officer in writing in accordance with the general procedure, which will be described below.

CSS

Within the structure of the bodies of the Ministry of Internal Affairs of the Russian Federation, a special body has been created to monitor compliance with the law by police officers: the Department of Internal Security of the Ministry of Internal Affairs of the Russian Federation. The CSS accepts requests from citizens related to the commission of a crime or other offense by an employee, civil servant or employee of the Russian Ministry of Internal Affairs system.

Internal security bodies exist within the structure of the regional Main Directorates of the Ministry of Internal Affairs. You can find out their contacts on the corresponding website or through the helpline of the Ministry of Internal Affairs in your city.

You can also directly contact the Main Directorate of Internal Security of the Ministry of Internal Affairs of Russia in the following ways:

by submitting a written complaint through the reception office of the Ministry of Internal Affairs of Russia (Moscow, Sadovaya-Sukharevskaya St., 11) or through a mailbox installed in the administrative building of the Ministry of Internal Affairs of Russia (Moscow, Zhitnaya St., 16);
by mail to the Main Directorate of Security of the Ministry of Internal Affairs of Russia (107078, Moscow, Sadovaya Spasskaya St., 1/2);
you can file a complaint against a local police officer online on the official website of the Russian Ministry of Internal Affairs;
via the federal “helpline” numbers included in the Russian Ministry of Internal Affairs hotline system.

Prosecutor's office

The Prosecutor's Office of the Russian Federation supervises compliance with the law, including the legality of the actions and decisions of employees of internal affairs bodies. However, the prosecutor cannot replace other control authorities, so you should contact him only after all possibilities to solve the problem within the structure of the Ministry of Internal Affairs of the Russian Federation have been exhausted.

We have already written about how to file a statement with the prosecutor’s office against a local police officer.

Sample application

Court

The actions and decisions of the district police officer can be appealed in court. The most common reasons for going to court are:

appealing protocols on administrative offenses and other documents drawn up by the district police officer;
compensation for material and moral damage caused by the unlawful actions of the district police officer.

A statement of claim in such cases should be filed with the district court at the location of the police department where the offending district police officer works. In this case, the defendant will not be the district police officer himself, but the Ministry of Internal Affairs of the Russian Federation.

Application deadlines

The time frame within which a citizen can file a claim should be taken into account. If deadlines are missed, they can be restored, but this will be very difficult.

an appeal against a decision in a case of an administrative offense is possible within 10 days from the date of its receipt;
claims for compensation for harm caused to life and health, as well as moral damage, are not subject to the statute of limitations;
The general period for appealing actions and decisions of officials is 3 months.

Procedure for filing a claim

To sue a local police officer, you need to:

Pay the state fee. The amount of the state fee depends on the requirements specified in the claim. There is no state fee to be paid for appealing administrative decisions. A receipt for payment of the state duty is attached to the claim in court.
Send a copy of the claim by registered mail with return receipt requested to the appropriate police department. The shipping receipt must also be attached to the claim.
File a lawsuit with all attachments. You can do this in one of the following ways:
send the claim by registered mail to the court;
use the electronic system of GAS Justice and send documents electronically in PDF format. This will require authorization through the ESIA.

If the claim is satisfied, the court will decide to cancel the appealed decision, collect compensation for damages, hold the district police officer accountable, etc. If you disagree with the court decision, you can appeal it to higher authorities.

Features of filing a complaint

Such a document must be drawn up correctly, without any errors. If you are not confident in your abilities, you can seek help from a lawyer. The more correctly a complaint against a local police officer is drawn up, the more seriously it will be taken.

If a complaint is written to the prosecutor’s office or to the head of a department, there is no special form. When a statement of claim is drawn up against a local police officer, you will need the Code of Civil Procedure of the Russian Federation.

Basic rules for filing a complaint:

There should be no corrections. The pen is used only one color, the handwriting must be legible.
The complaint is presented in a business style.
The text should not contain insults or profanity. Everything must be subjective.
Any fact stated in the complaint is confirmed by the law.
The information part of the complaint should not contain unnecessary and useless information. Everything is presented only based on facts that have evidence.

The complaint is written in two copies, one is kept for yourself, and the second is sent to the relevant authorities.

Important! When you give your complaint to the police, ask them to sign and date your copy. This will be confirmation that it has been received and passed on to higher management.

The complaint submitted must have:

name of the organization or full name of the boss, position, details.
personal data, place of registration of the applicant.
the name, in this case, is Complaint about the inaction of the local police officer.
description of the problem, confirmed by law.
requirements presented to a local police officer who did not react according to the law or did nothing at all.

The form of the complaint can be free or according to the established template. After filing a complaint with the appropriate authority, it will be considered no more than 30 days.

Main responsibilities of a district police officer in 2019

What responsibilities are assigned to the local police commissioner? Today, all activities of local police officers in the Russian Federation are regulated by Order of the Ministry of Internal Affairs of Russia dated December 31, 2012 N 1166.

In accordance with the provisions of this order, each district police officer is obliged to:

Identify persons illegally purchasing, storing and transporting drugs;

Identify people who use drugs without a doctor’s prescription;

Identify minors living in inappropriate conditions;

Identify dens for prostitution or illegal drug use;

Confiscate from citizens and officials items with limited negotiability and items withdrawn from civil circulation (for example, weapons or counterfeit documents);

Monitor persons suffering from mental disorders, alcoholism or drug addiction and posing a danger to others;

Exercise control over persons released from prison;

To bypass places of possible appearance of persons prone to committing illegal actions;

Assist health workers in compulsory hospitalization of the above-mentioned persons in medical organizations (if such hospitalization was ordered by the court);

Receive statements from citizens about crimes and incidents;

Take measures to suppress the activities of these persons;

Identify their organizers and take measures to suppress their activities;

Participate in the arrest of persons suspected of committing a crime;

Participate in counter-terrorism activities;

Participate in the suppression of crimes and other offenses;

Participate in the prevention of neglect and juvenile delinquency;

Participate in the search for children who left home without permission, etc.

What should you consider when filing a complaint against a local police officer?

You shouldn’t immediately write a complaint; you can first try contacting the department where the police officer works and explain the essence of the problem to his boss. Based on practice, we can say that such an action helps solve the problem and the district police officer corrects his behavior towards citizens. If such an appeal does not help, then you need to write a written complaint.
If there is confirmation that a local police officer is engaged in extortion or taking bribes, then immediately contact the Ministry of Internal Affairs.
If the first two options did not help solve the problem, then go to the prosecutor's office. This authority resolves even those cases that have long been abandoned and are considered difficult to resolve. A complaint can be submitted in person in writing or on the official website of the Ministry of Internal Affairs.
It is very important that there is evidence confirming the violations of the district police officer. Maybe it will be a photograph, a video, or a recording of a conversation. It is also important that the complaint does not contain false information, otherwise the applicant will be punished by law.

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 district 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.

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.

Is the application anonymous?

The Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” emphasizes that a citizen filing a complaint must indicate his contact information to receive a response. But despite this, the public has the opportunity to file a complaint anonymously.

An anonymous complaint will be accepted and considered if:

it contains information with evidence about an impending illegal action or crime;
about citizens who have already committed illegal actions;
about facts of corruption and bribery of officials;
information about an impending terrorist attack;
about illegal actions of the employer;
about gross violations of public order (illegal logging, petty hooliganism and theft).

An anonymous complaint can be submitted either orally through the helpline or in writing via mail. An anonymous complaint cannot be the basis for initiating a criminal or administrative case. However, the facts set out in it must be verified by law enforcement agencies for the elements of a crime. The period for consideration of such a complaint does not exceed 30 days.

When will a complaint about the inaction of police officers help?

Violations of the law are not only facts of illegal actions, but also inaction to certain signals. Since the lack of response from the inspector is a violation of his job description and the law, citizens can file a complaint in court about the inaction of the police. Grounds for initiating proceedings:

failure to comply with the requirements and standards for filling out forms and documentation;
abuse of power in cases of detaining a person without evidence and lack of appropriate grounds;
extortion of money for certain services or for concealing offenses;
ignoring signals from citizens regarding identified offenses and others;
other reasons for drawing up.

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?

Procedure for filing a complaint

A complaint against a district police officer is written in any form, although some rules must be taken into account when drawing up any documentation.

It will consist of a “header”, title, “body” of the statement and a date with a signature:

The header of the application must contain the name of the institution, the position of the manager, his full name. and contact details of the person submitting the application.
The title should contain the words “Complaint against a local police officer.”
The application must be stated clearly and contain information that is confirmed by copies of documents or verification. When drawing up a complaint, you can take as a basis a decree of the Ministry of Internal Affairs, which contains all the requirements that a district police officer must comply with while on duty. The application must list all unlawful actions of the district police officer that are subject to appeal. It is important to require higher authorities to conduct a job review and take administrative measures.
At the end of the document there is a date and signature of the person filing the complaint.

A correctly drafted complaint will reduce the time it takes for executive authorities to respond to the victim’s request. The attached documents and evidence will contribute to the outcome of the case in his favor.

Template for writing a complaint.

Sample complaint to the prosecutor about the investigator’s inaction

To the prosecutor of Novokuybyshevsk FULL NAME1 ADDRESS1 TELEPHONE1

from the lawyer of the law firm “Antonov and Partners” Dragunov M.E., reg. No. 63/3215 in the register of lawyers of the Samara region Address for correspondence: 443080, Samara, Karl Marx Avenue, 192, office. 619, tel. 8-927-734-08-16 email address

to protect the interests of FULL NAME2, DOB DATE1

Complaint (in accordance with Article 124 of the Code of Criminal Procedure of the Russian Federation)

FULL NAME2 An application was submitted to the Novokuibyshevsk prosecutor's office containing a request to conduct a prosecutorial review and take prosecutorial response measures. FULL NAME2 indicated in the statement that on January 11 at approximately 15:00 in the parking lot at the address: ADDRESS2 there was a verbal conflict with a woman unknown to him. He asked to leave your phone number or not to park your car. The woman said in a raised voice that she would call the police, to which FULL NAME2 replied that it was her right and went home. On January 12 at approximately 12:00, a police officer, FULL NAME 3 (phone number 89371802622) called him and asked him to come to the parking lot to talk about the conflict. Arriving at the parking lot, he saw an unfamiliar car in which there were three men in civilian clothes. After getting out of the car, they showed their IDs. They told him to take him into the car to talk. After FULL NAME2 got into the car, he was taken to the police department at the address: ADDRESS3. At the police department, he was questioned by two officers: Major FULL NAME4 and FULL NAME3, who turned out to be the husband of the woman with whom he had argued the day before in the parking lot. Major FULL NAME4 interviewed him for about an hour. FULL NAME3 took a picture of him on his phone, took his phone and went with him to another office for about 30 minutes. After the interview, he was taken outside and left, leaving him alone in the city of Novokuibyshevsk without money for the return trip. At the same time, FULL NAME3 repeatedly expressed various threats of physical violence towards him. He said that he would put him on a stretch and beat him. He also said that he would break his kneecap, tie weights to his legs and throw him into an ice hole, meet his wife and beat and kill his dog. On 01/21/2021, based on the results of consideration of this application, the Prosecutor’s Office of the city of Novokuibyshevsk sent a response, according to which: “On 01/11/2021, the Department of Internal Affairs of Russia for the city of Novokuibyshevsk received an application FULL NAME5, about bringing to criminal responsibility a man who caused her bodily harm, damaged her vehicle means and threatened with physical violence, which is registered in KUSP No. 540 dated January 11, 2021. The investigation into this application was entrusted to employees of the Department of the Department of Internal Affairs of Russia for the city of Novokuibyshevsk. During the inspection, the need arose to interview you in order to establish your involvement in the events that took place, in connection with which you were taken to the Department of Internal Affairs of Russia in Novokuybyshevsk on January 12, 2021, where the senior detective officer of the ESD FULL NAME4 selected an explanation on the merits of the inspection. On 01/12/2021, the specified material was sent, according to jurisdiction, to OP No. 9 of the Russian Ministry of Internal Affairs for the city of Samara for making a procedural decision. Interested parties will be notified of the results of the inspection and the procedural decision made by the body that conducted the inspection. Due to the requirements of Art. Art. 144, 145 of the Code of Criminal Procedure of the Russian Federation, Federal Law dated 02/07/2011 No. 3-FZ “On the Police”, employees of internal affairs bodies are authorized to conduct checks on applications from citizens, select explanations, deliver citizens to the territorial internal affairs body, Thus, violations of the requirements of federal legislation when the inspection at the request of FULL NAME3 was not established. Copies of your appeals regarding the arguments about unlawful actions of employees of the Department of Internal Affairs of Russia for the city of Novokuibyshevsk were sent to the investigative department for the city of Novokuybyshevsk of the Investigative Directorate of the Investigative Committee of Russia for the Samara Region for consideration. In connection with the above, there are no grounds for taking prosecutorial response measures.”

We consider this response from the Novokuybyshevsk prosecutor’s office to be formal and not in accordance with the legislative requirements for the consideration of citizens’ appeals by the prosecutor’s office. Based on this statement, the actions of an employee of the Novokuybyshevsk police department, FULL NAME3, contain signs of a crime under Part 1 of Article 285 of the Criminal Code of the Russian Federation - the use by an official of his official powers contrary to the interests of the service, if this act was committed out of selfish or other personal interest and entailed a significant violation of the rights and legitimate interests of citizens or organizations or interests of society or the state protected by law, as well as Part 1 of Article 286 of the Criminal Code of the Russian Federation - the commission by an official of actions that clearly go beyond the scope of his powers and entailed a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state. The actions of a police officer, FULL NAME 3, in terms of the illegal detention and seizure of a mobile phone, FULL NAME 2, without any documentation of these actions (detention protocol, inspection report, etc.) are qualified as a crime under Part 1 of Article 285 of the Criminal Code of the Russian Federation. The actions of the police officers, in particular, FULL NAME3, constitute detention, since in the literal sense of the provisions enshrined in Articles 2, 45 and 48 of the Constitution of the Russian Federation, the right to receive legal assistance from a lawyer is guaranteed to every person, regardless of his formal procedural status, including including recognition as a detainee and a suspect, if the authorized authorities have taken measures in relation to this person that actually limit freedom and personal integrity, including freedom of movement - retention by official authorities, forced delivery or delivery to the bodies of inquiry and investigation, detention in isolation without any - contacts, as well as any other actions that significantly restrict freedom and personal integrity (Resolution of the Constitutional Court of the Russian Federation dated June 27, 2000 No. 11-P “In the case of verifying the constitutionality of the provisions of Part 1 of Article 47 and Part 2 of Art. 51 of the Code of Criminal Procedure of the RSFSR in connection with the complaint of citizen V.I. Maslov.” Since FULL NAME 2 was forcibly taken to the police department in the police car, he was detained. During the detention and subsequent questioning, FULL NAME2, no rights were explained, including the right to have a defense lawyer, and the opportunity to consult with a defense lawyer was not provided. In addition, during the detention and questioning, his mobile phone was confiscated and examined from FULL NAME2. According to Part 1 of Article 89 of the Code of Criminal Procedure of the Russian Federation, in the process of proving it is prohibited to use the results of operational investigative activities if they do not meet the requirements for evidence by this Code. According to Part 8 of Article 164 of the Code of Criminal Procedure of the Russian Federation, during the investigative action a protocol is kept in accordance with Article 166 of the Code of Criminal Procedure of the Russian Federation. According to Parts 2,4 of Article 177 of the Code of Criminal Procedure of the Russian Federation, inspection of traces of a crime and other discovered items is carried out at the place of production investigative action, except for the cases provided for in Part 2 of Article 177 of the Code of Criminal Procedure of the Russian Federation. Everything discovered and seized during the inspection must be presented to the participants of the inspection. Thus, in relation to FULL NAME2, the following violations: failure to comply with the order of detention, which resulted in a violation of his constitutional right to freedom of movement; failure to comply with the procedure for examining a mobile phone, which resulted in a violation of his constitutional right to privacy of correspondence. These violations of constitutional rights are significant. We believe that these illegal actions were committed by a police officer, FULL NAME3, out of “other personal interest.” Under it in paragraph 3 of paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 16, 2009 No. 19 “On judicial practice in cases of abuse of power and exceeding official powers”, it is understood as the desire of an official to benefit from a non-property nature, due to such motives, such as careerism, nepotism, the desire to embellish the actual situation, receive a mutual favor, enlist support in resolving any issue, hide one’s incompetence, etc. Since Full Name 3 is the wife of a woman with whom Full Name 2 had a conflict in the parking lot the day before, He had a desire to resolve this conflict using his official position and in this way punish his wife’s offender, especially since she herself threatened to call the police, meaning to win over her husband, who is a police officer.

Also, the actions of the police officer FULL NAME3 contain signs of a crime under Part 1 of Article 286 of the Criminal Code of the Russian Federation. The presence of signs of a crime under Part 1 of Article 286 of the Criminal Code of the Russian Federation in the actions of the specified police officer is confirmed by the explanations of the Plenum of the Supreme Court of the Russian Federation contained in paragraph 19 of the Resolution No. 19 of October 16, 2009 “On judicial practice in cases of abuse of official powers and on exceeding official powers": in contrast to the responsibility provided for in Article 285 of the Criminal Code of the Russian Federation for committing actions (inaction) within one’s competence contrary to the interests of the service, liability for exceeding official powers (Article 286 of the Criminal Code of the Russian Federation) occurs if an official commits active actions, clearly beyond the scope of his powers, which entailed a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, if the official was aware that he was acting outside the powers assigned to him. Exceeding official powers can be expressed, for example, in the commission by an official in the performance of official duties of actions that: relate to the powers of another official (superior or equal in status); can be committed only in the presence of special circumstances specified in the law or regulations (for example, the use of weapons against a minor, if his actions did not create a real danger to the lives of other persons); committed by an official alone, but can only be carried out collectively or in accordance with the procedure established by law, in agreement with another official or body; no one has the right to commit under any circumstances. According to Part 4 of Article 164 of the Code of Criminal Procedure of the Russian Federation, during investigative actions the use of violence, threats and other illegal measures is unacceptable, as well as creating a danger to the life and health of the persons participating in them. The specified imperative rule was violated by a police officer FULL NAME3. Namely, they were threatened with physical violence and harm to health, FULL NAME2. It is also noteworthy that FULL NAME2 was left on the street in another city in winter without funds for the return journey.

According to Part 2 of Article 37 of the Code of Criminal Procedure of the Russian Federation, during pre-trial proceedings in a criminal case, the prosecutor is authorized, among other things, to check the fulfillment of the requirements of the federal law when receiving, registering and resolving reports of crimes, as well as to issue a reasoned decision on sending the relevant materials to the investigative body or body of inquiry to resolve the issue of criminal prosecution based on violations of criminal law identified by the prosecutor. The response from the prosecutor's office is formal and issued with virtually no consideration of the applicant's arguments. In fact, the report of illegal and unfounded detention and threats of grievous harm to health by police officers was ignored. Neither FULL NAME2 himself, nor his defense lawyer Dragunov M.E. Until now, in violation of the requirements of the law, they have not been familiarized with the inspection materials at the request of FULL NAME5. Despite the fact that, based on the response from the prosecutor's office of the city of Novokuybyshevsk, copies of the appeals were sent to the investigative department for the city of Novokuybyshevsk, until now FULL NAME2 has not been called there to give explanations. He did not receive any notices or notifications regarding this inspection material, although a month had already passed since the date of sending a copy of his application. Thus, there is inaction of the investigators of the investigative department for the city of Novokuibyshevsk. According to Part 1 of Article 123 of the Code of Criminal Procedure of the Russian Federation, the actions (inaction) of the prosecutor can be appealed in the manner established by the Code of Criminal Procedure of the Russian Federation by participants in criminal proceedings. According to Parts 1-3 of Article 124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor considers the complaint within 3 days from the date of its receipt. Based on the results of consideration of the complaint, the prosecutor makes a decision to fully or partially satisfy the complaint or to refuse to satisfy it. If a complaint filed in accordance with Part 2 of Article 123 of the Code of Criminal Procedure of the Russian Federation is satisfied, the resolution must indicate the procedural actions carried out to speed up the consideration of the case and the deadlines for their implementation. The applicant must be immediately notified of the decision made on the complaint and the further procedure for appealing it. According to Article 26, paragraphs 1, 2 of Article 27 of the Federal Law “On the Prosecutor's Office of the Russian Federation”, the subject of supervision is the observance of human and civil rights and freedoms by federal executive authorities, the Investigative Committee of the Russian Federation, representative (legislative) and executive bodies subjects of the Russian Federation, local government bodies, military control bodies, control bodies, their officials, subjects of public control over ensuring human rights in places of forced detention and assistance to persons in places of forced detention, as well as management bodies and managers of commercial and non-profit organizations. The prosecutor's office does not replace other government bodies and officials who monitor the observance of human and civil rights and freedoms, and do not interfere in the operational and economic activities of organizations. The prosecutor's inspection of compliance with human and civil rights and freedoms is carried out taking into account the provisions of paragraphs 2 - 15 of Article 21 of the Federal Law “On the Prosecutor's Office of the Russian Federation”. When performing the functions assigned to him, the prosecutor: considers and verifies statements, complaints and other reports of violations of human and civil rights and freedoms; explains to victims the procedure for protecting their rights and freedoms; takes measures to prevent and suppress violations of human and civil rights and freedoms, bring to justice those who violated the law, and compensate for the damage caused; uses the powers provided for in Article 22 of the Federal Law “On the Prosecutor's Office of the Russian Federation”. If there are grounds to believe that the violation of human and civil rights and freedoms has the nature of a crime, the prosecutor takes measures to ensure that the persons who committed it are subject to criminal prosecution in accordance with the law.

Based on the above and guided by Articles 123, 124 of the Code of Criminal Procedure of the Russian Federation, the Federal Law “On the Prosecutor’s Office of the Russian Federation”,

Ask:

Consider the application of citizen FULL NAME2 on the merits and conduct a prosecutorial review; Conduct an investigation into the inaction of employees of the investigative committee for the city of Novokuybyshevsk, which resulted in the absence of any pre-investigation verification of the statement, FULL NAME2, and apply liability measures against the perpetrators.

Attachment: warrant from lawyer M.E. Dragunov.

Defender FULL NAME2 ______________ lawyer Dragunov M.E.

Hereinafter, in order to maintain attorney-client privilege, the names and surnames of the participants in the case have been changed.