How to file a complaint against the actions of police officers?

Reasons for contacting

The grounds for a complaint against the police may vary. Police officers are officials who work according to certain standards, therefore Russian legislation provides for measures aimed at protecting citizens from the arbitrariness of the police. Let's look at the main reasons for complaints:

• Failure to comply with the charter;
• Conducting an inspection or search without a permit;
• Insult;
• Unreasonable use of force;
• Unlawful detention;
• Inaction of police officers.

If you were subjected to unlawful actions by police officers, then the question arises of where to file a complaint against the actions of the police. In this case, you can contact the following authorities:

• Judicial authorities;
• Prosecutor's Office of the Russian Federation;
• Department of Internal Security;
• The police department in which the employee works;
• Complain by calling the hotline.

Let's look at the process of filing a complaint about police work with each of the above authorities.

Duties of police officers

In Russia, police activity is based on the Federal Law “On Police” of February 7, 2011. In Art. 12 lists the duties of the Police, 42 points in total.

The following responsibilities of police officers are distinguished by groups:

• responsibilities related to crimes and offenses: investigation, inquiry, carrying out operational activities to prevent, detect and disclose illegal actions. In the performance of these duties, the police are obliged to consider citizens' statements about crimes and identify their causes;
• responsibilities related to the preservation of law and order, the safety of civilians and the application of measures to protect life, health and property;
• responsibilities related to conducting operational investigations of crimes, including searching for offenders, ensuring the safety of the work of penal authorities;
• responsibilities related to road safety, compliance by drivers with traffic rules, recording and investigation of road accidents;
• responsibilities to monitor and prevent terrorist attacks, as well as control weapons and drug trafficking.

Complaint to the police department

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How to file a complaint with a local police officer?

How to file a complaint about unlawful actions of an official?

The easiest way to file a complaint is to contact the police. In this case, complaints are divided into two types:

• Oral;
• Written.

You can complain orally about the work of the police to a responsible officer or a senior officer, but it should be understood that verbal complaints, as a rule, do not give the desired result.

A written statement is quite simple and entails more serious consequences. The form of this complaint is extremely simple. In the upper right corner you need to write to whom and from whom the complaint was sent, below you need to describe the complaints about the police work and at the very end indicate the date and signature.

It is necessary to contact the police station if the violation can be classified as minor.

When can you complain?

You can complain about police officers for almost any reason, since they are officials and are required to work according to certain standards. You can file a complaint in the following cases:

• The police officer does not address you in a formal manner (does not give your name and rank, does not present his identification);
• A police officer insults you;
• The policeman demands your documents without reason;
• A police officer conducts a search or search without permission;
• A police officer uses force against you without justification;
• A police officer extorts money from you;
• The policeman detained you illegally.

Unfortunately, the average citizen may encounter any of these unpleasant situations. In this regard, it is worth understanding that you need to fight for your rights. And the best way is to file complaints.

Submitting a complaint to the CSS

The most effective option is to file a claim with the CSS. The complaint is made in free form and it is necessary to indicate information about yourself, about the police officer and describe the violation itself. It is possible to submit both in person and by mail. It is also necessary to take a receipt stating that a claim was filed for subsequent proof of contact with the CSS.

There are cases when CSS ignores requests for unknown reasons. Taking into account this fact, there is a need to duplicate the appeal and send a copy of your complaint to the prosecutor's office, notifying the CSS. In this case, your application will be considered without fail, since it will be monitored by another government body.

Document submission methods

There are three obvious ways to contact law enforcement authorities that are available to applicants:

• by visiting a Police or Prosecutor's office on your own: make an appointment in person or submit documents to the organization's office. In this case, you should show enough persistence, since police officers skillfully master the technique of convincing them that it is impossible to immediately accept a statement for various cosmic reasons;
• by mail. This method leaves almost no doubt about delivery, but performers may not notice the presented evidence of violations committed by a colleague, or consider that the complaint is drawn up incorrectly and leave it without consideration;
• seek help from professional lawyers and choose a representative. The advantage of this method is that over years of practice the representative has studied the approach to law enforcement agencies and ways of mutually beneficial cooperation.

To avoid mistakes when drawing up a complaint to contact law enforcement authorities yourself, use the available sample statements presented on the website.

Complaint to the Russian Prosecutor's Office

The Prosecutor's Office of the Russian Federation supervises compliance with the law and has influence on all government bodies. The complaint to the Prosecutor's Office of the Russian Federation has a strictly defined form and is divided into three parts.

The title must contain the name and address of the prosecutor's office and the full name of the head. Information about the citizen who is filing the complaint, his full name, residential address and contacts.

The main part includes a description of the violation and information about the employee who committed it. A list of employee violations and a list of requirements for the prosecutor’s office and their justification.

The third part should include documents that may later serve as evidence of a violation, the signature of the applicant and the date of the application.

Complaint against a police officer: sample and rules for filing

Note! A more current version of the article can be found here: Complaint against the police: drafting, sample and procedure for filing in 2019.

All of us, one way or another, have encountered police officers at least once in our lives... And it is no secret to anyone that contacting law enforcement agencies does not always bring the desired result.
What to do if your rights were violated and where to complain about the inaction of the police? Read about it in our new material.

Where can I complain about the inaction of police officers?

You can appeal illegal actions or inaction of police officers in one of three main ways:

• file a complaint with a higher official;
• contact the prosecutor's office;
• resolve the issue in court.

Which method should I choose? First of all, we recommend contacting the immediate supervisor of the employee who violated the law - he is obliged to consider your application and take appropriate measures.

If a complaint about police inaction remains unconsidered, it is necessary to complain to other authorities - the prosecutor's office and the court.

From this article, prepared by leading specialists of the CenterSoveta free legal advice portal, you will learn how to correctly draft and where to file a complaint against police officers in order to get the desired result.

In what cases can you complain about police officers?

So, when do you have the right to file a complaint against police officers? First of all, this applies to situations where, as a result of the actions or inaction of police officers, your rights and freedoms were violated, as well as if you were illegally brought to justice.

Where can I complain about the inaction of police officers?

Where to start appealing against illegal actions or inaction of police officers? The easiest way is to call 112 and describe the situation. All calls to the police are verified and recorded, so your call will be sufficient for an investigation.

If one phone call was not enough, you have the right to file a complaint with the immediate supervisor of the police officer who violated the law

Where are the complaints about the inaction of police officers?

First of all, it is worth noting that there is no established form of complaint; it is drawn up in free form. However, your application must contain the following information:

• Name of the government body, full name and position of the person to whom the complaint is being filed;
• Your data (must be indicated - anonymous applications will not be accepted for consideration);
• The essence of the complaint. The text of the complaint must contain information about the police officer who violated the law (full name, position, etc.), the circumstances under which your rights were violated, testimony, etc.;
• List of attached documents (copies of documents are recommended to be notarized).

How to properly file a complaint about the inaction of police officers?

You can submit a complaint in one of the ways convenient for you

• At a personal reception with the head of the police department;
• By mail (registered mail with notification);
• Via the Internet (using the online reception on the official website of the Ministry of Internal Affairs).

You are required to respond within 30 days from the date of filing your application. If there is no result, file a complaint with the prosecutor's office.

How to file a complaint about the inaction of police officers to the prosecutor's office?

As in the case of a complaint addressed to the head of the police department, a statement to the prosecutor’s office is drawn up in free form, with a detailed description of the situation and information about the violator. If you do not know which legal norms were violated, it is not necessary to insert links to laws and other regulations - the prosecutor will figure this out himself.

It is important to remember that the prosecutor’s office will not accept your appeal if:

• The application was submitted anonymously;
• The application was resubmitted;
• The statement is meaningless in content;
• The statement contains threats or obscene language.

Like any other official appeal, an application to the prosecutor's office must be written legibly and easily read: this rule applies both to the text of the application and to the writing of the applicant's name and address.

Go to the website of the Prosecutor General's Office to leave an electronic complaint>>>

How to sue police officers?

If previous actions have not brought any results, you can apply to protect your rights in court.

As for the trial, it can take place both in civil and criminal proceedings. All you need to do is competently draw up and submit a statement of claim.

Do you still have questions or have problems when drawing up and filing a complaint about the inaction of police officers? Contact the lawyers of the website www.centersoveta.ru for help and get a free consultation in 15 minutes!

Material publication date: 10/21/2020

Last update: 10/21/2020

Complaint via hotline

If you are unable to submit an application in writing, you can use the hotline. The phone works 24 hours a day and calls are completely free. The advantages of this method of filing an application include the fact that all conversations on the hotline are recorded and can be used as evidence during an investigation. If you are unable to get through, then it is possible to connect you with the CSS by calling number 02 or make a complaint with an employee on duty, who will forward it to the CSS independently.

Attention

Hotline number for all of Russia.

Filing a complaint to the head of the department

So, if a citizen finds himself in an unpleasant situation related to the actions of a local police officer, the first authority to which he should contact is the immediate head of the local police officer’s Ministry of Internal Affairs. This action can be carried out in the following ways:

Please note that a problematic situation can often be resolved at this stage, without resorting to any other actions.

Features of the claim

Main features of claims against employees:

1. Anyone who believes that illegal actions have been committed against him can draw it up
2. The complaint to the court must be in handwritten or typewritten form. It should also be understood that in the legal process the services of a lawyer are necessary.
3. The claim must necessarily indicate the passport details of the applicant and the details of the structure to which the claim is sent.
4. The appeal must include a full description of all facts of violation of the law against you. Everything must be described clearly and to the point.

It should be understood that there is no single application form. For each authority, the complaint has a specific type, but must necessarily include the points listed above.

Deadlines for filing and consideration of a complaint

The statute of limitations for filing a complaint about unlawful actions of the police against the applicant to the judicial authorities is ninety days, for filing a complaint with the prosecutor's office or the police - thirty days.

The law enforcement agency's response to the application is appealed to the head of the department or to the court, and the prosecutor's office checks the legality of the response.

When applying to the manager, the Prosecutor's Office or the court, an application is prepared from documents that confirm the applicant's position. Court decisions can also be reviewed in appeal, cassation and supervisory instances.

How to file a complaint to the Russian Ministry of Internal Affairs?

How to file a complaint against the decision of the TsAFAP Traffic Police Department of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for Moscow, read here.

When a personal search is carried out, read the link:

Procedure for consideration

After checking the fact of filing a complaint, a certain decision will be made, of which the author of the application will certainly be aware. This type of notification will be sent by mail or email, but if the complaint indicated that you would like to receive the result of the consideration of the application in person, then in this case the result of the inspection can be collected from the organization to which the complaint was filed. If the author of the application is not satisfied with the results of the inspection, he can appeal the decision and appeal to a higher authority.

Appeal procedure

To appeal the actions of a law enforcement officer, his rank and position should not matter. Maintaining the safety of citizens is a priority.

First of all, if a conflict situation arises, the applicant should contact the employee’s supervisor, then the department’s management and senior management of the department at the regional and federal levels.

Note! It is possible to contact higher authorities via the Internet. On the website of the Ministry of Internal Affairs.rf a tab has been created “for citizens” and then “Receiving appeals from citizens.” You must fill out the prepared form, describe the situation and submit.

In addition, there is the opportunity to submit an application to the prosecutor’s office addressed to the head of the territorial department of the prosecutor’s office, the form is free, the main thing is to describe the essence of the problem and provide evidence of the position.

Contacting the judicial system with the help of a professional lawyer is another way to defeat the system and achieve the desired result.

Where can I complain?

Police officers are officials. And therefore they must answer according to the law and extremely strictly. Therefore, complaints can only be filed with law enforcement agencies. You can contact:

1. To the police department to which the police officer is assigned;
2. To the Department of Internal Security;
3. To the prosecutor's office;
4. To court.

Perhaps every citizen knows what the prosecutor's office, court and police department are. But ordinary citizens rarely have to contact the CSS. The Department of Internal Security is a government agency whose main responsibility is to ensure that law enforcement agencies work as they should and do not violate the rights of citizens. However, let's return to the complaints themselves and consider them in more detail.