The prosecutor's office of the Russian Federation is a special government structure vested with the authority to supervise compliance with legal requirements, both by authorities and commercial entities, as well as ordinary citizens. To take prosecutorial response measures, various appeals from citizens and representatives of legal entities are sent to this body.
According to the law, the prosecutor's office considers all appeals and gives a reasoned response to each. But, as practice shows, any application, for example, an appeal to the prosecutor’s office for labor disputes, will be considered more quickly if the applicant has correctly completed everything in his appeal on a particular issue; this determines how quickly the necessary information will be received or the appropriate decisions will be made measures.
Therefore, we will consider how to write an appeal to the prosecutor’s office (a sample of such an application will be given at the end of our article).
Features of requests
Any appeal to the prosecutor’s office, a sample of which can be found on many specialized websites, must take into account the specifics of the subject of the appeal. For example, a complaint to the prosecutor's office for labor disputes in its content differs significantly from an appeal in connection with the refusal to initiate a criminal case.
Expert opinion
Zakharov Viktor Yurievich
Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.
The applicant must take into account these features and correctly choose not only the regulatory framework, but also the wording of his request, as well as a statement of the circumstances of the case.
Please note that some departments have developed a form for contacting the prosecutor's office, a sample of which is presented at the reception desk or a ready-made form can be given to fill out. But this is not available in all prosecutor's offices in the country, and the presence of such a form does not prohibit the applicant from using the free form to apply.
Example of an appeal to the prosecutor's office
The statement or complaint to the prosecutor's office can be written by hand, as well as using computer technology. The application must be completed in two copies - one is sent to the prosecutor's office, and the second remains with the applicant, with a mark indicating the acceptance of the application indicating the date.
Below we provide a sample application to the prosecutor's office for labor disputes. As statistics show, this topic is one of the most common when filing complaints or applications to prosecutors at all levels.
Filing a complaint electronically via the Internet
If for any reason you cannot make a phone call or write a letter, then there is another way to contact the prosecutor's office. This is filing a complaint with the Moscow City Prosecutor's Office via the Internet reception.
Submitting an application to the prosecutor's office via the Internet is an opportunity to avoid queues, save time and, sometimes, a way to receive an answer faster than if the application was submitted in person upon presence at the offices of the prosecutor's office or by filing a complaint in the form of a paper letter.
Internet applications are considered by the Moscow prosecutor's office in accordance with the requirements of the Instruction on the procedure for considering applications and receiving citizens in the prosecutor's office of the Russian Federation, approved by order of the General Prosecutor's Office of the Russian Federation dated January 30, 2013 No. 45.
Instructions for filing a complaint on the website of the Moscow City Prosecutor's Office:
- Open the official website of the Moscow City Prosecutor's Office.
- Carefully read the information provided on the site page and make sure that your situation is correct.
- Go down to the small square window with the inscription: “I agree to the processing of my personal data” and click on this window - a check mark will appear inside it.
- Click on the bottom box “Send a letter and receive an answer in electronic form.” The page will refresh and go to the submission form (section - “Appeal”).
- Click on the “Addressee” window - “Select recipient” and select the desired department of the Moscow prosecutor’s office from the list of addressees. The speed of consideration of your application depends on the correctness of your choice.
- Go down to the “Theme” window. Select the desired topic of appeal from the list and click on the circle next to it.
- Go down to the “Legal Status” window. Select your current legal status and click on the circle next to it.
- Go down to the “Contact Information” section and enter your full name. according to passport data.
- In the "Email Address" field, enter a valid email address.
- Fill in the “Phone” field and enter a valid phone number.
- Going down to the “Organization data” column, fill it out only if you are a legal entity. By clicking on the fields “Name of organization” and “TIN”, fill them out using valid documents confirming the presence of a Taxpayer Identification Number and the name of the organization.
- Fill in the “Mail Address” field.
- In the “Country” field, indicate your country of actual residence.
- Go down to the “Area” field and fill it out. It is important to enter the data correctly, observing spelling and grammatical rules.
- Go down to the “City” field and click on it, then enter the required information. Indicate the city of actual residence.
- In the fields “Street”, “House”, “Building”, “Apartment”, indicate the address of actual residence, not registration. It is to this address that the application will be registered and completed and documents will be sent to it.
- Going down to the “Message” column, click on the information entry field and write the message itself in the form of a complaint. It is important to interpret the essence of the statement as correctly, informatively and clearly as possible, otherwise your complaint will be rejected.
- You can attach additional documents or materials in electronic form that more fully disclose, supplement or confirm the essence and facts of your application.
To do this, click on the “Select file” cell and attach the one you need. The following formats are accepted for attachments: txt, doc, docx, rtf, xls, xlsx, pps, ppt, pdf, odt, ods, jpg, bmp, png, pcx, mp4, mkv, wmv, mov, flv. The total volume of attached files is no more than 5 MB. If the format or size is not respected, the file will not be considered by the prosecutor's office. - Scroll down to the “Control code” column. And in accordance with the code data in the picture, click on the input field and enter this code. If an incorrect one is entered, the page will reload and you will need to enter the code correctly.
- Click on the "Submit" field. You will see an announcement that your complaint has been received by the Moscow prosecutor's office.
Functions of the prosecutor's office
The Law of the Russian Federation “On the Prosecutor’s Office” identifies the following prosecutorial functions:
- supervision over compliance with the law (in Soviet times this was called general supervision);
- criminal prosecution;
- participation in legislative activities (the right of legislative initiative);
- checking adopted regulations for their compliance with anti-corruption legislation;
- drafting reviews of regulations;
- coordinating the activities of law enforcement agencies in the fight against crime;
- participation in the justice process;
- cooperation with foreign partners within the scope of their functions.
Of this entire list, the largest percentage of requests to the prosecutor's office comes from the first point, namely prosecutorial supervision. At the same time, it is overlooked that no matter what measures the prosecutor’s office takes upon application in the manner of general supervision, they will largely be of an informative rather than a real nature.
This means that the prosecutor’s office will consider the application and, based on the results of the consideration, will send a letter to the body that committed the violation of the law.
That is, the prosecutor's office alone will not correct the situation. She can only point out a violation of the law. But correcting the situation itself falls entirely on the body that committed the violation, or on its superior body.
In this case, the letter (summary) of the prosecutor will not be binding. This means that the problematic issue in its specific execution can be resolved either by the court or the relevant body (enterprise, organization, etc.).
That is why we say that it is not that it is impossible to write to the prosecutor’s office for any reason, but most often it simply does not make sense. If there has been a significant violation of the applicant’s rights, then it will be much more effective to immediately go to court.
At the same time, it must be admitted that prosecutorial generalizations can be very effective in cases of labor conflicts over non-payment of wages.
In any case, it is up to the applicant to decide where to apply. For whatever reason an appeal is made to the prosecutor's office, it will not be a mistake, especially if the appeal directly relates to the functions of the prosecutor's office.
This is important to know: Where to complain about the inaction of the Prosecutor's Office
Grounds for filing a complaint
Contacting the prosecutor's office is an extreme step that should be taken only if the issue cannot be resolved by other means. The first step is to contact the management company directly and receive an official written response from it. If there is no response to the application within 30 days, then this is an excellent reason to contact the prosecutor’s office.
The prosecutor's office considers only the most serious cases of violation of the law:
- negligence of the management company, as a result of which the property of the residents of the apartment building was damaged;
- constant errors in calculations of utility bills;
- unreasonable increase in tariffs for the use of water, gas, electricity or heating;
- fraudulent actions of the management company and its employees;
- imposing additional paid services on residents;
- violation of the repair schedule;
- inaction of housing and communal services, which poses a threat to the life and health of people;
- violation of the rights to use common property.
Smaller problems, such as late cleaning of entrances or lack of regular lighting, should not be addressed to the prosecutor's office.
Statements in criminal cases
Expert opinion
Zakharov Viktor Yurievich
Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.
In addition to the fact that the prosecutor's office is the body that carries out criminal prosecution, it is also the body that exercises control over the criminal prosecution carried out by the investigative committee.
Therefore, statements regarding:
- initiation of a criminal case;
- termination of the criminal case;
- actions of the investigative body;
- conditions of detention in places of deprivation of liberty, etc.,
can be sent to the prosecutor's office without the slightest hesitation, regardless of which law enforcement agency has jurisdiction over criminal cases.
Form and content
There are two forms of appeal to the prosecutor's office - written and oral. When making an oral appeal, the citizen is received by the assistant prosecutor on duty, who records the citizen’s message, after which he transfers his application for registration to the prosecutor’s office. After registration, the application based on the prosecutor’s resolution is submitted for consideration to any of the assistants.
A written application is submitted to the office of the prosecutor's office or to the assistant prosecutor on duty (depending on how the prosecutor's office receives applications from citizens). Next, the application goes through the same procedure - registration, resolution, transfer to an assistant, consideration.
The written application must contain:
- the name of the prosecutor's office to which the application is submitted;
- Full name (or name for legal entities) of the applicant, his place of residence and contact details;
- a request to the prosecutor, that is, the ultimate goal for which the statement was written. For example, “I ask you to initiate a criminal case against my husband Butylkin I.I., who beat me while intoxicated, causing bodily injury in the form of a broken rib, according to the conclusion of the SIU”;
- a list of documents attached to support the application;
- signature of the applicant and date of sending the application.
Methods of circulation
You can contact us in one of the following ways:
- Send a letter to the address of the Prosecutor General's Office with a list of attachments.
- Fill out the online form on the website of the Prosecutor General's Office.
- Make an appointment for a personal appointment.
- Write a letter by email.
Letter
Postal items are accepted at the address: GSP-3 125993 Moscow, st. Bolshaya Dmitrovka, 15a. In order for an application to be considered, it must comply with the Instructions on the procedure for considering applications and receiving citizens in the prosecutor's office of the Russian Federation. Main points of the instructions:
- A brief summary of the essence of the issue.
- Use of competent Russian language.
- Mandatory indication of the sender's full name and address.
- The application must contain signs of a crime on the part of the prosecutor, investigator, or interrogating officer.
- The letter must contain the citizen's personal signature and date.
Additionally, a note should be made “To the Prosecutor General of the Russian Federation Igor Krasnov.”
Replies to anonymous letters or letters containing fictitious contact information are not provided.
Application processing time
As a general rule, the period for considering citizens’ applications is one month, after which the prosecutor’s office must perform one or more of the following actions:
- notify the applicant of the decision;
- explain to the applicant the procedure for restoring his rights if the legal relationship does not relate to the functions of the prosecutor’s office;
- take measures to restore the violated rights of the applicant. For example, send a request for payment of wages;
- redirect the application according to affiliation;
- file a claim in the interests of the applicant.
If the application refers to the initiation of a criminal case, then the period for consideration of the application is 3 days, during which the prosecutor must decide whether to initiate a case or to refuse to initiate it. The applicant is informed of the decision.
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Where to complain about the district prosecutor's office
To understand where the violation of your rights by employees of the prosecutor's office occurred, you need to have an idea of the work of the state supervision apparatus.
Each structural unit has established a hotline for citizens to contact them. Applications are registered and reviewed. The response is sent by mail or delivered in person. To apply for protection of their violated rights, a person can send an appeal in writing or use e-mail and contact through the Internet reception.
The prosecutor's office has installed boxes for receiving citizens' requests, mail is taken out of them regularly, a special stamp is placed on the correspondence, and the date is indicated. Then it is registered and submitted for review. The prosecutor on duty receives citizens every day. You can track the fate of your appeal by calling the reception or office. You should be told which structural unit is considering your application.
If the application has not received a conclusion from an authorized supervisory body, the city prosecutor's office makes a decision to forward this appeal to the appropriate supervisory body to consider your complaint. 7 days are allocated for this. The law provides for sending a request both with and without control, depending on the situation or severity of the problem. There are deadlines for processing an application. If the deadlines or the rights of a citizen are violated by employees of the main supervisory body, rules have been established for appealing the actions of the prosecutor's office.
What is the difference between an application, a complaint and a claim?
Citizens' appeals take several forms. Their division into types depends on the content of the petition.
How to write a correct complaint to the prosecutor's office? The content of the complaint is a violation of the rights and interests of citizens. This is a written document that is submitted to a government agency and is drawn up by a citizen. The reason for its formation is the action or inaction of authorities, when a person signals that they have violated the requirements of the laws. Art. speaks about the right of the population to appeal to the authorities. 33 basic laws of the country. To help the Constitution - N59 Federal Law of 2006. The complaint always contains a request for restoration of the violated right.
The statement, which is sent to the prosecutor, also reflects the issue of violation of the law by government agencies. Usually the applicant describes how this happens and asks for assistance in ensuring that this does not happen again. But the application usually does not indicate a requirement to restore the applicant’s violated right.
The content of a claim is a requirement that arises in the area of fulfillment of obligations of one party to the other. Typically the claim is filed by the injured party. She suffered losses due to the fact that the second one did not fulfill its obligations under the transaction. Or she performed them, but not efficiently. That is, she violated the clauses of the contract or the law. The claim is made in writing and, by analogy with a complaint, does not have a strict form. When writing it, a clear statement of the essence of the existing dispute, its significance for the parties, the requirement for fulfillment of the obligation, as well as the deadline for this to be done is required. The claim is addressed to the one who violated the obligation.
One type of claim is a complaint. Usually it is compiled by the buyer, the customer. It is addressed to the seller, contractor. Its subject is the inadequate quality of the product, as well as its missing quantity during the warranty period. In the complaint, the party puts forward very specific demands:
- elimination of shortcomings;
- reduction in the cost of goods;
- compensation for damage.
A complaint is filed in a situation where a product has been received that is of inadequate quality, as well as in the process of carrying out production work, violation of the delivery time of goods, etc.
The difference between the two statements is that the complaint is classified as an administrative relationship, and a complaint with a claim is classified as a civil law relationship. A claim is always a way of pre-trial settlement of a controversial issue in economic legal relations before the intervention of the court. In some cases, compliance with the claim procedure is an imperative requirement of the law. Otherwise, the court will not accept the claim for consideration.
Complaint about inaction of the prosecutor's office: sample and rules for registration
Unfortunately, in Russia, even those government bodies that are supposed to protect the law can violate it. What to do if you are faced with inaction from the prosecutor's office? Read about it in our new article!
In what cases can you turn to the prosecutor's office to protect your rights?
Let's figure it out. The main reason for contacting the prosecutor's office is complaints about the actions (or, conversely, inaction) of authorities. However, it is worth paying special attention to the fact that the prosecutor’s office does not appeal court decisions. If you need to appeal a court decision, the complaint should be filed with a higher court.
How to write a statement to the prosecutor's office?
There are no strict rules for drafting: the application is written in free form. If you have any difficulties, you can use our tips:
- The application must include your details: last name, first name and patronymic, residential address.
- You must also indicate whose name you are sending the application to.
- The appeal to the prosecutor's office itself should be extremely brief and clear, without emotional overtones - only a statement of facts.
- After the text of the complaint, you must put a signature and date of preparation.
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How to submit an application to the prosecutor's office?
You can submit an application to the prosecutor's office in one of the ways convenient for you:
- In person (at an appointment with the prosecutor or through the prosecutor’s office);
- By mail (by registered mail with notification and a list of attachments);
- Through a special box “For appeals and applications” (available in every department of the prosecutor’s office).
After you have submitted an appeal to the prosecutor's office, it must be considered within 15 days (if the application requires additional study and verification, this period can be extended by another 15 days). Next, the prosecutor's office must make a decision whether to satisfy or refuse to satisfy the applicant's demands.
What to do if the prosecutor's office does not act after filing an application?
As a general rule, any action or inaction of the prosecutor's office can be appealed. You can file a complaint against the actions of prosecutors in two ways:
- By filing a complaint against the actions (inaction) of prosecutors to a higher prosecutor.
- Judicially.
Let's consider the procedure in both cases.
How to file a complaint about the prosecutor’s inaction to his superiors?
First of all, you need to draw up a corresponding application.
A complaint about the inaction of the prosecutor's office is written in free form, with the obligatory indication of the main points:
- Name of the prosecutor's office, position and full name of the employee who violated the law;
- Applicant details: full name, residential address, contact phone number;
- The specific dates on which the violation occurred;
- A detailed statement of the circumstances under which the violation of the law occurred on the part of the prosecutor;
- Request for restoration of violated rights.
In addition, it is desirable that the complaint be supported by evidence (copies of documents, responses from the prosecutor, testimony of witnesses, etc.). You can send a complaint in person (in this case, you will need two copies - one is given to the office employee, the second remains with you), or by mail (by registered mail with a list of attachments).
If you want to appeal the actions of the district prosecutor, the complaint is submitted to a higher prosecutor's office. If a higher prosecutor violated the law, it is necessary to contact the Prosecutor General's Office of Russia.
How to appeal the actions of the prosecutor's office in court?
The statement of claim must indicate exactly what actions or inactions of officials violated your rights. In the pleading part of the complaint, you can indicate the following requirements:
- Recognize the actions (inaction) of an employee of the prosecutor's office as illegal.
- Oblige the prosecutor's office to eliminate the violation.
- After considering your complaint, the judge is obliged to make a decision either to recognize the action of the prosecutor’s office employee as illegal and oblige him to eliminate the violation, or to leave the complaint unsatisfied.
What to do if the court refuses to consider a complaint against a prosecutor?
In this case, you have the right to appeal the refusal in cassation within 10 days.
More detailed information on this issue can be found in our article How to appeal a court decision? Lawyer's advice.
Material publication date: 10/21/2020
Last update: 10/21/2020
When is a complaint filed with the prosecutor's office?
A statement to the prosecutor's office is written when a citizen sees that a violation of Russian laws is occurring. The list of issues for which you should contact this body is listed in No. 59 of the Federal Law. S. 1, paragraph 2 of the NLA establishes that citizens can apply to this body for the following reasons:
- non-compliance with laws and regulations by state and regional and local authorities, officials of non-profit organizations;
- violation of citizens' rights by public authorities;
- illegal actions of officials of commercial organizations;
- identified violations in the work of bailiffs.
Statements and appeals from citizens are grounds for the prosecutor to take certain actions against violators. Art. speaks about this. 10 of the law regulating the work of prosecutors.
How to write a complaint to the prosecutor's office to achieve the best result?
The answer to this question is simple: seek professional help. A specialist who has extensive experience in interacting with prosecutors will immediately know what to focus on in your appeal, how to correctly draw up a complaint and which prosecutor’s office to submit it to.
At M16-Consulting, you are guaranteed to draw up an effective complaint, as well as, if necessary, protect your interests in court! Our lawyer will carefully study the essence of your situation, draw up an appeal indicating all the necessary legislative aspects and make sure that the prosecutor's office considers and responds to your situation!
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Tags: application to the prosecutor’s office, how to write a complaint to the prosecutor’s office
General procedure for writing an application to the prosecutor's office
A sample complaint to the prosecutor's office can be found on specialized websites on the Internet. It is better to immediately write a correct statement so that the prosecutor does not return it back, thereby saving time.
For an official to take action against a violator, he must consider the complaint on the merits of the issue. The citizen is notified in writing that the application has been accepted and is being considered.
How to correctly write a statement to the prosecutor's office? In order to consider and analyze a situation in which human rights were violated and the requirements of legal norms were violated, the prosecutor must have complete information about the event that occurred. The complaint reflects it. It contains the following information:
- name, location of the prosecutor's office;
- applicant data: last name, first name, patronymic, registration address, telephone numbers;
- information about whom the person is complaining about.
The application must indicate not only the email, but also the postal code. The prosecutor's office sends a notification to him that work has begun on the complaint, as well as about the interim results of the investigation into the circumstances of the controversial case.
Expert opinion
Zakharov Viktor Yurievich
Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.
The main text of the complaint contains an appeal that states that human rights are infringed upon and violated. Documents, copies, as well as evidence of the applicant’s correctness are attached to the application. The complaint must be marked with the date of its filing and a signature at the end.
How to write a statement to the prosecutor's office about non-payment of wages
How to write a statement to the prosecutor's office about non-payment of wages? Workers can do this after 15 days from the date of non-payment. But first, they need to contact the employer in the form of a written complaint. If he does not respond to it, write a complaint to the prosecutor's office.
The details of the document remain unchanged, only the essence of the introductory and main parts of the document changes. Information about the situation in which the head of an LLC, individual entrepreneur and other companies withholds wages must be indicated clearly and completely.
The complaint addressed to the prosecutor's office on this issue contains the following information:
- Information about the employer (name of organization, individual entrepreneur, address, last name, first name, patronymic of the boss).
- Information about who the author of the appeal is. In the collective form, a list of all persons.
- Information about the period of non-payment of wages, the amount of total debt to the workforce.
- Information about an attempt to peacefully resolve the dispute.
- The requirement to transfer documents to the tax office for the application of administrative measures to the management of the organization. This is Art. 5.27 Code of Administrative Offences.
- Requirement to initiate criminal proceedings against the employer. This is Art. 145.1 of the Criminal Code of the Russian Federation.
- Claim for moral compensation. The conditions are defined in Art. 237 Civil Code of the Russian Federation.
This is important to know: Complaint against the Investigative Committee to the Prosecutor's Office
The complaint is accompanied by certificates and other documents that confirm the circumstances specified in the document.
How to write an application to the prosecutor's office against bailiffs
If a citizen is dissatisfied with the work of a bailiff, he can complain to his boss. Do this in writing. If no one responds to this document, feel free to file a complaint with the prosecutor’s office. Typically, the reasons why complaints are filed against bailiffs are the following:
- a decision of an official that was issued in violation of the laws;
- inaction of the bailiff;
- presence of evidence that the bailiff received a bribe;
- during the work, the bailiff exceeded his authority.
How to write a correct statement to the prosecutor's office about fraud against bailiffs? Having accepted the complaint, the prosecutor begins checking the bailiff.
How to complain about housing and communal services
How to write a statement to the prosecutor's office for housing and communal services? The complaint is filed against the management company on whose balance sheet the apartment building is located.
In order to submit an application, the following grounds must be present:
- The management company appropriates money received from residents.
- Illegal storage of money.
- Inaction in relation to duties (failure to comply with the requirements of Article 161 of the RF Housing Code).
At meetings of residents, the management company enters into an agreement with them for the maintenance of the house and the territory that is located near it. Therefore, residents who are connected with a legal entity through contractual relations have the right to contact the prosecutor’s office, and the management company does not comply with the clauses of the agreement.
How to write a statement to the prosecutor's office against police officers
How to write a statement to the prosecutor's office against the actions of police officers? A government agency is a law enforcement agency responsible for protecting the rights and freedoms of citizens. However, among the employees of these bodies there are also lawbreakers. The reasons for complaints are the following:
- refusal to initiate a criminal case due to incomplete verification of the provided data;
- initiation of a criminal case under articles of the Criminal Code that impose a more lenient punishment on a citizen;
- deliberate delay in the investigation of a criminal case;
- failure to provide the police with a copy of the decision on the case;
- suspension of the proceedings.
There are violations that a police officer eliminates without interference in the process of the Prosecutor's Office. For example, this is an addition to the protocol, the appointment of an additional examination.
Internet reception
Dear site visitors!
In this section you can submit a statement, message, or complaint to the St. Petersburg prosecutor's office.
Please read the following information carefully before sending your email.
Online applications are considered by the Prosecutor's Office of St. Petersburg in accordance with the requirements of the Instruction on the procedure for considering applications and receiving citizens in the prosecutor's office of the Russian Federation, approved by order of the Prosecutor General of the Russian Federation dated January 30, 2013 No. 45.
An appeal containing issues the resolution of which is not within the competence of the prosecutor's office is sent within seven days from the date of registration to the relevant body or official whose competence includes resolving the issues raised in the appeal, with notification of the citizen who sent the appeal that the appeal has been forwarded.
Before sending an electronic appeal, a citizen must indicate his last name, first name, patronymic, the address to which the response will be sent, state the essence of the appeal, indicating whose actions or decisions are being appealed and other information sufficient to resolve the appeal on its merits.
The appeal may contain attached documents and materials in electronic form in the form of one or more files without archiving. The following file formats are accepted for attachments: txt, doc, rtf, xls, pps, ppt, pdf, jpg, bmp, png, tif, gif, pcx, mp3, wma, avi, mp4, wmv, mov, odt, ods. Other formats are not processed in the information systems of the St. Petersburg Prosecutor's Office. The total size of attached files should not exceed 5 MB.
The response to the author of the request is sent at his choice:
- in the form of an electronic document, if it indicates the last name, first name, patronymic (the latter - if available) and email address (e-mail) and postal address;
- in writing, if they indicate the last name, first name, patronymic (the latter - if available), email address (e-mail) and postal address.
The application will not be accepted for consideration if:
- it contains obscene or offensive language, threats to the life, health, property of an official, as well as members of his family;
- the text is written in Russian using the Latin alphabet or typed entirely in capital letters, not divided into sentences;
- the text is unreadable and has incomprehensible abbreviations;
- the address is incomplete or incorrect;
- the appeal is not addressed to the prosecutor of St. Petersburg or the prosecutor's office of the city of St. Petersburg.
We draw your attention to the inadmissibility of abuse of the right to appeal to government bodies and the responsibility provided for by law in this area of public relations.
We ask you to follow the specified legal requirements, fill out all the proposed details and clearly formulate the essence of the appeal. This will significantly speed up its consideration.
We recommend that you read articles 7, 10, 11, 16 of the Federal Law of the Russian Federation dated May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”
How to file a collective application?
A complaint written by a group of people has features in the text of the appeal. It must be drawn up with a list of all the necessary details, with a clear list of people who are complaining about the organization or a specific person.
If the list of persons does not fit into the text of the complaint, then you need to make a list on a separate sheet and attach it to the application sent to the Prosecutor's Office.
The application must indicate that it is of a collective nature!
Reasons for rejecting complaints and applications
Expert opinion
Zakharov Viktor Yurievich
Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.
The applicant must be notified of this within 7 days. The notification is written and sent to him via mail. Common reasons are:
- repeated filing of complaints on the same issue;
- the presence in its text of vocabulary that contradicts the norms of morality and morality;
- lack of logic in presentation;
- the handwriting is impossible to read;
- the presence of incomplete information in the complaint, its unreliability, etc.
How to write to the prosecutor's office - sample letter/complaint to the prosecutor
Any of us, at one time or another, may encounter certain life troubles and problems, for example, violation of the law by one or another legal entity, inaction of the authorities, corruption, etc. - in this case, it is important to know how to write a letter to the prosecutor's office. If this is done correctly, the consideration of the complaint by the prosecutor will take the minimum possible time. The prosecutor's office is obliged to respond to every letter and appeal addressed to it from residents of the country, but to effectively solve the problem that has arisen, citizens need to know that the content and form of the letter are of fundamental importance.
If you do not want to receive a formal response from the prosecutor’s office, reminiscent of an unsubscribe, you should think through and set out in detail in the letter all the significant circumstances related to your question, if possible adding references to current Russian laws. Such a request/complaint will be considered by officials of the prosecutor's office as soon as possible.
Situations when you should complain to the prosecutor's office
- Delay in payment of wages or non-payment
- Unauthorized refusal of government officials to issue documents, failure to provide certain services. For example, this may be a refusal to approve the redevelopment of a premises without providing reasonable grounds for this
- Violation of the rights of persons in custody or in prison
- Inaction of police officers, bailiffs, investigators and other government officials; a letter to the prosecutor’s office can also be written in case of abuse of official powers of the mentioned persons
- Complaint against the management company due to violation of regulations related to the provision of services in the field of Housing and communal services
It is important to know! Since 2011, the prosecutor's office does not have its own investigative apparatus, in accordance with Federal Law No. 403-FZ of December 28, 2010 “On the Investigative Committee,” the Investigative Committee, which was previously part of the structure of the prosecutor’s office, is today an independent department.
That is, today the prosecutor's office does not investigate criminal cases. In this regard, it is recommended that statements about such crimes be sent to those authorities that have the legal right to carry out criminal investigations. Depending on the specific situation, this could be the police, the FSB, the Investigative Committee, and so on.
How to write a letter to the prosecutor's office
Before answering the question of how to write a letter to the prosecutor's office , it should be noted that there are no uniform requirements for the form of writing a letter to the prosecutor's office, but in order for your appeal to be promptly considered by the prosecutor, you must follow a number of rules of business document flow, which also applicable for appeals to government agencies.
- Introductory part of the letter to the prosecutor's office:
- The header of the letter must display the following information: Last name and initials of the prosecutor. It would be better if the class prosecutor's rank is indicated. For example: “To the Prosecutor of St. Petersburg
- Information about the sender: This indicates the residential address, full name, and contact phone number of the applicant; Name of the specific prosecutor's office
- It is important to know that it is not necessary to send copies of the letter to a body higher than the prosecutor's office. But practice shows that if you do send copies, this will stimulate a more thorough analysis of the problem. For example, the superior authority for the city of Sevastopol is the Prosecutor General's Office of Russia - you can duplicate a complaint to this authority
- The descriptive part of the letter to the prosecutor's office:
- It is recommended to start the paper with a request to carry out an investigation into the fact of a specific violation of human or citizen rights: “I ask you to conduct a prosecutorial investigation, as well as protect my interests and rights in connection with the following current circumstances: After this, you need to clearly and consistently state the circumstances that caused the violation of the citizen’s rights
- You should indicate the place where the trouble occurred, the period or date of the incident
- If there is information, then you need to indicate the person through whose fault the incident occurred
- It would also be a good idea to voice the measures that were taken to correct the situation.
- Conclusion:
- It is recommended that the letter to the prosecutor be supported by a reference to the legislative acts through which violated human rights were established. For example, if the conversation is about the inaction or unlawful actions of bailiffs, then you need to provide a link to the Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007
At the end of the complaint, the applicant needs to put a personal signature with a transcript. The date the letter was written is also indicated. If originals or copies of documents are attached to the complaint, a note about this must be made after the signature. The mark indicates the list of attached documents, their name, total volume and number of sheets in each document.
This is important to know: Complaint to the Prosecutor's Office against LLC
Sample letter/complaint to the prosecutor
I ask you to conduct a prosecutorial review and protect my rights and interests in the following circumstances.
I am a collector in enforcement proceedings for debt collection No. 23548, which is being executed by the bailiff Ivanov I.V.
According to the specified enforcement proceedings, the debtor is Gennady Olegovich Pavlovsky, born on December 9, 1965, working as an electrician at Bely Bereg LLC.
1. Pavlovsky Gennady Olegovich, who is a debtor, has a stable and permanent source of income, and works on an official basis. 2. Gennady Olegovich Pavlovsky has his own car LADA Kalina Cross (registration plate A123AB 34 RUS).
I note that Art. 36, 68 of the Federal Law of the Russian Federation “On Enforcement Proceedings” and no enforcement actions were carried out in relation to this property of the debtor.
Based on the facts mentioned above, guided by Art. 122 Federal Law “On Enforcement Proceedings”, I ASK:
1. Check the inaction of the bailiff. 2. Take the necessary measures to eliminate violations of legal norms.
Sincerely, Lavreneva E.P.
(Personal signature is required here.)
To send a complaint to the prosecutor, you can use the Russian Post; only such correspondence must be sent by registered mail with a mandatory stamp of delivery to the addressee. You can also submit a letter to the prosecutor by directly arriving at the prosecutor’s office itself.
For this purpose, there is a special mailbox in the prosecutor's office building where you need to put a letter with your message (complaint).
As we can see, there is nothing complicated in writing a letter to the prosecutor’s office: it is important to remember that a properly drafted and executed appeal will speed up the solution to the problem and help get out of an unpleasant situation in the shortest possible time.
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How to properly draw up and submit a complaint to the prosecutor's office
In the life of any person, a situation may arise when the only solution to a problem may be communication with the government. the body that controls the rest of the state structures is the prosecutor's office. How to submit an appeal? Should I write a complaint or submit an application? What are their differences?
Reasons for filing a complaint
Problems that cannot be solved without the prosecutor’s office can be completely different, but the main ones are:
- delay of salary or non-payment;
- neutral attitude or abuse of authority by superiors;
- violation of the rights of those in prison;
- state refusal organizations in providing any requested documents that are in the public domain.
Is it better to file a complaint or leave a statement?
There are differences between an application/complaint, and its consideration depends on the type of document submitted, so it is worth understanding this terminology when filing.
Application - a citizen’s request for assistance in exercising the rights of one’s own or other persons, as well as a statement about someone breaking the boundaries of the law.
A complaint is a citizen’s request for protection/restoration of already violated rights.
How can I contact the prosecutor?
There are four ways to send an appeal to the prosecutor's office:
- personal visit: the complaint can be accepted orally, after which it can be put in writing, but it is better to have all the documents and the paper itself in advance;
- send a complaint using Russian Post services;
- place the complaint in the box marked “For applications and appeals,” which is available in any department of the prosecutor’s office;
- file a complaint using the online mode. The review will be no different from any other possible method.
Important: Since 2011, the work of the Investigative Committee is not part of the prosecutor’s office, in other words, this state. the body no longer deals with criminal proceedings. Relevant appeals must be submitted to organizations involved in criminal prosecution.
Proper filing of a complaint
Requirements and documents can be obtained by a citizen in instructions issued directly at the institution or on an online resource. However, the prosecutor’s office does not ask for strict individual requirements; submission is carried out in free form, taking into account the reason for drawing up the appeal.
- In the upper right corner is the name of the prosecutor's office or the full name of the elected official;
- Below, on the same side: the applicant’s details, as well as his address where the response should be sent;
- Fill in the next line in the middle with the word “Complaint”;
- Further filling: a clear statement of the essence of the problem and the request from the prosecutor’s office;
- After the application, documents and evidence of the case are attached (copies are possible), if necessary;
- Right at the end: signature, date of sending.
Other compliance measures
Despite the free form of appeal, the prosecutor's office requests some additional general requirements for the convenience of considering the case:
- the text of the applicant must be clear and legible; if the authority cannot understand it, the document will be issued for re-drafting. In the event that the full name also turns out to be illegible, the applicant risks being left without a response;
- Avoid the use of obscene language, threats and insults. In case of violation, the applicant remains unanswered, notified of incorrect treatment and the absence of the right to abuse in drawing up a complaint.
Consideration
Each complaint filed is first subject to consideration, and only then to finding a solution to the problem. The paper may also be returned for resubmission with any errors corrected, remain unanswered, not reviewed, accepted, or transferred to other authorities.
The review period depends on several factors, such as:
- requirements from the applicant;
- the need to search for evidence of the facts provided;
- other information of the applicant.
Important: the review period can be shortened or general, but in any case the result will come to the applicant in no more than 7 days. The only exception is the illegibility of the text; in all other cases, the applicant receives a document with the result, even if the prosecutor’s office decided to refuse to satisfy the applicant’s demands.
If the case is accepted for consideration, its period is exactly one month in the situation where verification of the attached data is required. If no verification is required, and there is no need to transfer the case to other jurisdictions, then the consideration takes 15 days. When submitting an urgent application, the application is considered immediately.
If necessary, the applicant has the right to request an increase in the period for reviewing his data. To carry out such an action, you must have a petition from the head of the prosecutor's office. It must be submitted no less than three days before the deadline for consideration.
Important: the start of document review begins from the moment the paper is registered, so it is recommended, if possible, to exclude the option of using the services of the Russian Post, since the delivery of documents may cause a delay in review. If the expiration date falls on a weekend, the last day is considered to be the next working day on the list.
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Complaint, statement or claim
The question of concepts is no less relevant than how exactly these papers should be drawn up. If you write a statement, the document will be considered as a statement, and not as a complaint or claim, even if this was implied. That is why the design of each piece of paper should include not only the correct observance of the nuances of the text. So let's look at what each of the points mentioned in the section title means:
- An application to the Russian prosecutor’s office is something akin to a person’s request to assist him on the path to realizing his constitutional rights. In addition, you can draw up a sample application to the Prosecutor General's Office of the Russian Federation not only on your own behalf, but also on behalf of a person who needs assistance, but for a number of reasons cannot independently protect their interests. Concerns statements of self-will in government bodies or on the part of officials that affect the interests of a citizen of the Russian Federation;
- You can write a complaint in cases where you need to protect interests that have been violated or restore human rights. That is, it turns out that both a statement and a complaint are written when a person’s interests and rights have been violated. But a complaint is valid if the action has already taken place and persons have complained about injustice, wanting order to be restored. The concepts are, of course, similar, but are not identical, since the measures when writing a statement will be a little tougher than when writing a complaint;
- The claim form is a slightly different document in structure. To begin with, the Prosecutor General's Office has nothing to do with it. It is sent to those who cause trouble. That is, if a person has problems with the public utility service or public utility authorities, then complaints are filed with the housing and communal services. The letters are sent not to the prosecutor's office, but to the culprit of the trouble, that is, to the housing and communal services office. If this does not help, you can write a complaint and statement, moving on to a more significant method of resolving a legal dispute that expands the scope of measures.
How to write correctly
Any official document has clear requirements for its completion. The complaint is no exception. It is not difficult to file complaints to the prosecutor's office via the Internet. Now on the official website of law enforcement agencies there are all possible options for drawing up the document in question, so users only have to use the sample they need and follow the current instructions for drawing up the paper.
In principle, you don’t have to worry about the complaint, since there are no strict restrictions on the fact of its preparation. There are, of course, general wishes for the structure and a few requirements for the text, but nothing more. More details about the general requirements for filling out the document can be found in the special Instructions.
- In the upper right corner, the sample used in the Russian Federation provides for the following data:
- The name of the prosecutor's office chosen to file the complaint;
- Full name and position of the person in whose name the complaint is being filed;
Here it is clarified whether it is possible to write a complaint to the regional prosecutor's office, because, as a rule, complaints are submitted to the district office of the prosecutor's office, and only if for some reason this is considered impossible, the document can be transferred to the regional prosecutor's office. If the place was chosen incorrectly, for example, the paper was submitted in the department to which the person is registered, but not where his interests were infringed, then the return of the document is allowed no later than 7 days after its submission.
- On the right side, but below the name of the organization, fill in the following data:
- Full name of the person applying;
- Mailing address for sending a response, and if the complaint is sent electronically, then the email address should also be indicated;
- Other personal information that is indicated in the example.
- Middle of next line:
- "Complaint".
- On the left side is the main part of the document, which succinctly states what the problem is and what the appeal should be. The author should be especially attentive to the formulation of requirements and desires, especially if he is aimed at a positive result of his work.
The main part must be completed with the following expression: “I ask you to conduct an inspection by the prosecutor, to protect my rights and legitimate interests.” Although other variations are possible, but with a similar meaning.
- List of attached documents and materials. To confirm the legality of claims, it is possible and even necessary to interview witnesses, especially if it is a complaint about housing and communal services.
- Signature and date of compilation.