Complaint about unlawful actions of an official or government body

Complaint about unlawful actions of an official or government body. Every citizen has the right to file a complaint with the court if he believes that his rights and freedoms have been violated by unlawful actions (decisions) of state bodies, local governments, institutions, enterprises and their associations, public associations or officials, civil servants.

Actions (decisions) of state bodies, local governments, institutions, enterprises and their associations, public associations and officials, civil servants that can be appealed to the court include collegial and individual actions (decisions), including the presentation of official information , which became the basis for taking actions (making decisions), as a result of which: the rights and freedoms of a citizen are violated; obstacles have been created for a citizen to exercise his rights and freedoms; a citizen is unlawfully assigned any duty or is unlawfully held accountable for any purpose.

Citizens also have the right to appeal the inaction of the bodies, enterprises, associations, officials, and civil servants specified in part one of this article, if it entailed the consequences listed in the same part of the article.

Every citizen has the right to receive, and officials and civil servants are obliged to provide him with the opportunity to familiarize himself with documents and materials that directly affect his rights and freedoms, unless there are restrictions established by federal law on the information contained in these documents and materials.

A citizen has the right to appeal both the above-mentioned actions (decisions) and the information that served as the basis for taking actions (decision-making), or both at the same time.

Official information includes information in written or oral form that influenced the exercise of the rights and freedoms of a citizen and submitted to state bodies, local governments, institutions, enterprises and their associations, public associations or officials, civil servants who committed actions (made decisions ), with the established authorship of this information, if it is recognized by the court as the basis for taking actions (making decisions).

Other types of complaints...

Basic Concepts

Complaining against the actions or inaction of an official is always a last resort when other methods and options have not had the desired result. The process itself is quite complicated, since it is difficult for ordinary people to understand the intricacies of legislation and judicial practice. Therefore, when starting to file a complaint and protect your rights, it is advisable to use the services of an experienced lawyer.

Who falls under the concept of an official?

This term is best explained in Art. 2.4 Code of Administrative Offenses of the Russian Federation. An official is a subject vested with permanent or temporary powers to manage administrative and economic functions in state or municipal organizations.

For example, officials include:

• FSSP bailiffs;
• prosecutors;
• tax inspectors;
• labor inspectorate workers (FTI and regional divisions);
• officials working in environmental protection agencies;
• police officers;
• other categories of employees.

Important!
The powers of an official may follow from a provision of law, by virtue of assigned powers, or from an order of a higher authority. This point will be important when considering the complaint. The legislator vests such persons with powers that they are obliged to comply with under any conditions.
Any citizen can challenge the effect of official decisions of civil servants if he believes that this violates his rights and interests. This right is guaranteed by Art. 46 of the Constitution of the Russian Federation, the Code of Administrative Proceedings of the Russian Federation, and other regulatory and departmental acts. Furthermore, in accordance with Art. 16 of the Civil Code of the Russian Federation, you can demand compensation for material losses, compensation for moral damage if such damage was caused by illegal actions or inaction.

How to properly file a complaint

A sample complaint form, as a rule, can be found on stands in each executive body, since challenging decisions made by them is one of the key rights of citizens.

These document forms have a similar internal structure, which can be described as follows:

• It is mandatory to indicate the executive or judicial authority in the right corner where the applicant’s justified demand will be sent. The full name of the citizen filing the complaint and his contact information are also indicated here;
• the main part is a description of the specific situation in which, according to the applicant, his rights were violated. It is very important to present information briefly, to the point, based on the dates of events. The names of the officials who committed the violation or contributed to it should also be mentioned;
• it is necessary to reflect exactly what rights, in the applicant’s opinion, were violated by the official, as well as in what specific way this was expressed. Otherwise, the document will turn into a narration of an everyday situation;
• in the conclusion you should indicate your vision of resolving the issue and requirements for eliminating the violations committed.

Remember! There is no single form for the documents described. In each specific case they have their own specifics. The only condition is an accurate, consistent, logically sound presentation, eliminating the presence of ambiguity when reading.

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Appeal options

An appeal can only be started if the legitimate interests of citizens or organizations are violated.

Such circumstances may include:

• violation of the deadlines for considering appeals (for example, the standard period for responding to citizens’ appeals is 30 days, after which you can legally file a complaint);
• issuing an illegal act, resolution or other procedural decision (for example, you can file a complaint against the decision of the tax authorities during a tax audit);
• inaction, i.e. avoidance of performing actions within the competence of the official (for example, you can file a complaint about the inaction of the bailiff if he does not announce a search for the alimony debtor).

How to determine that your rights have been violated?

If the violation consists of failure to comply with the deadline for consideration of applications, such problems will not arise. It is more difficult to assess the fact of a violation if you receive an act, decision, resolution or other procedural document.

When appealing, you need to take into account an important rule - the official against whom the complaint was received is obliged to prove the legality of his actions. Consequently, the legislation establishes the priority of protecting the interests of citizens.

Possible appeal options depend on the category of the official and the nature of the violation.

Here's how to file a complaint against an official's actions if your interests have been violated:

• in order of subordination, i.e. addressed to a superior official or body (for example, when appealing decisions of tax authorities, you can file a complaint addressed to a superior manager);
• to the prosecutor's office, since this department is authorized to consider any issues related to violations of the law;
• through the court (this method can be used simultaneously with filing a complaint in the order of subordination).

Filing a complaint against an official in court

The CAS of the Russian Federation contains Chapter 22, which regulates in detail the procedure for filing an application in relation to an official.

Where can I file a complaint?

If a citizen whose rights have been violated decides to go to court with an administrative claim, then he will need to file a claim at the location of the body in which the official works. If an application to the court is submitted on behalf of a serviceman challenging the decision of a commander or military command authority, then it should be sent to a military court.

Rules for filing an administrative claim

When filing a complaint against an official in court, a citizen must adhere to the requirements of the CAS of the Russian Federation on the jurisdiction of cases.

In addition, the plaintiff must remember to comply with the form of filing a lawsuit, which is described in Art. 124 CAS RF, 220 CAS RF.

The judicial authorities can accept, return, leave without progress, or refuse to accept the complaint filed by the plaintiff.

You can file an application with the court within 3 months from the moment the citizen learned of a violation of his rights. If the rights were violated by bailiffs, then the period is reduced - 10 days.

Consideration of an application to challenge the actions of officials

The complaint is considered by the court within 2 months. The judicial authorities that accepted the application have the right to suspend the official’s decision until a final decision is made in the civil case.

The consideration of the complaint must take place with the participation of the official whose decisions are subject to challenge. If the notified person does not appear at the court hearing, the case will be considered without his presence.

How is a complaint submitted and processed?

Legislative acts have not approved a standard form for complaints against the actions of officials.

When preparing and submitting this document, you must take into account the requirements of the following regulations:

• Code of Administrative Procedure of the Russian Federation (this is the basic act for filing complaints in court);
• Code of Civil Procedure of the Russian Federation (regulates the procedure for legal proceedings in civil cases);
• Arbitration Procedure Code of the Russian Federation (applies if a complaint is filed regarding an economic dispute).

Download a sample complaint against the actions of an official

For almost every area of ​​state and municipal government, specialized regulations are applied. For example, complaints about the actions and inactions of bailiffs are filed under Federal Law No. 229-FZ.

The time frame for appeal will also depend on the nature of the violation.

Let us highlight the key points related to meeting deadlines for filing complaints:

• when appealing illegal actions or inactions in the order of subordination or through the court, the period for filing a complaint is 3 months;
• complaints against administrative decisions are filed within 10 days after receiving a copy of the act;
• departmental acts may provide for a special period for appealing (for example, when filing a complaint against illegal actions of the customs service, periods of 10, 15 and 30 days are applied, depending on the nature of the dispute).

The missed deadline can be restored if you prove that the reasons for the late application are valid.

When considering a complaint in court, it is possible to recover compensation for material damage and moral damage. For example, if legal entities or citizens file a complaint in court, they can claim full compensation for damages under Art. 1069-1070 Civil Code of the Russian Federation. Such payments are made at the expense of the federal, regional or local budget (depending on the category of the official). The guilty official will bear personal disciplinary, administrative or criminal liability.

Reasons for appealing against the actions of officials

Complaints against officials are filed:

• in connection with the commission of illegal actions;
• illegal inaction;
• issuance of an illegal regulatory act;
• unlawful conviction;
• illegal bringing to criminal or administrative liability;
• illegal detention or issuance of a written undertaking not to leave;
• causing harm during the conduct of inquiry, preliminary investigation, justice.

State duty for appeal

Typically, the amount of the state duty depends on the size of the property claim. When considering other issues to the state budget, it is necessary to pay a fee in the following amounts:

Payment details can be found at the information stand of the judicial authority and on the official website on the Internet. When paying through third-party organizations, you must check the correctness of the specified details on the website and in the receipt. If the payment is transferred to the wrong KBK, then the state duty will have to be paid again.

Based on the results of the consideration of the case, the losing party is obliged to compensate the applicant for the expenses incurred. In particular, the government agency must reimburse the amount of the paid fee if its actions are found illegal.

Citizens can appeal against unlawful actions of officials. If it is determined that a civil servant committed a violation, the court will oblige the defendant to correct the mistakes and consequences.

Filing a complaint against an official to higher authorities

A citizen who believes that his rights and freedoms have been violated by a decision or action (inaction) of an official can challenge them:

• in a court,
• higher government body.

Government bodies accept complaints in written and electronic form. Citizens can submit an application to challenge the actions of officials in person, through a representative, by written mail, using a government services portal or the official website of a government body.

Leaving a complaint unanswered

Employees of the government body authorized to consider a citizen’s complaint have the right to leave it unanswered if it includes:

• obscene or offensive language;
• threats to life, health, property of officials;
• threats to relatives of government officials;
• parts of the text that cannot be read, including the applicant’s full name and address.

Document submission methods

The complaint is submitted to the office of a higher authority of the executive body. It is advisable to ensure that the complaint is endorsed (assigned an incoming number) and recorded in the incoming documentation ledger.

It is most convenient to have a copy of the document with you. In this case, the employee will put the incoming number on the copy, which you can keep with you.

If it is not possible to file a complaint in person, you can send it by registered mail. Required with acknowledgment of delivery. If documents evidencing a violation of rights are attached to the complaint, a detailed list of the attached documents should be made when sent by post.

It is not uncommon for the complaint process to take a long time.

This is primarily due to the fact that:

• requests for additional documents are made;
• the document can be sent to a lower authority to eliminate violations.

Where to go in case of illegal actions?

Citizens who are faced with illegal actions/inaction of officials can use three ways to appeal them:

• file a complaint addressed to the immediate superior or head of the department in which this citizen encountered illegal actions or inaction;
• appeal the actions of employees to higher organizations;
• go to court.

Superior organizations are understood as those structures that control the work of the department (organization). Eg:

1. Police - Prosecutor's Office.
2. The military registration and enlistment office or other body of the Russian Armed Forces is the Court.
3. Bank – Central Bank.
4. FSB - Government.
5. The employer is the authorities of Rostrud.
6. Doctors – Department of Health.
7. Branch of the Federal Tax Service - Federal Tax Service - Prosecutor's Office.
8. Court – Prosecutor's Office and/or Supreme Court.

Please note that the branches of the Federal Tax Service are the only structure, complaints about which are necessarily considered first by the Federal Tax Service, and only then by the prosecutor’s office or in court.

However, even in this case, you can immediately send the application to the court, then the court will independently initiate an audit with the Federal Tax Service.

How to submit

The entire scheme of filing a complaint with the prosecutor's office has several stages, because according to the law, you cannot immediately go to this authority. You will need to go through the entire procedure of filing several complaints to the very authority where the violation was discovered, according to the following hierarchy:

• If a specific employee of a territorial unit has violated your rights and freedoms, you should file a complaint with his immediate superiors;
• If management ignores or writes replies to complaints, it is necessary to send an appeal to the main territorial body;
• If your appeal is ignored there too, you have the right to appeal simultaneously to both the prosecutor’s office at your place of residence and the main authority in the area of ​​violation (hierarchical management of local units in Moscow).

Filing a complaint to the prosecutor's office is also possible at the second stage of the structure , however, the complaint will need to indicate that you sent a copy of the appeal to the central district authority, which regulates the activities of the unit that violated the law.

Sample complaint about unlawful actions of an official.doc

If the violation concerns the issuance of a regulatory legal act that violates your constitutional rights or federal laws, you need to contact the central district office of the structure in parallel with submitting an appeal to the prosecutor . Appealing to a higher authority in Moscow may simply delay the process of considering the complaint, since it will need to be redirected to the place where the violation occurred.

This is important to know: Complaint to the prosecutor about the inaction of bailiffs: sample 2020

You can submit a complaint to the prosecutor in the following ways:

• When arriving at an appointment during the hours established by law, citizens sometimes require an appointment in advance. Addresses must be looked at on the websites of regional prosecutors' offices. You will need an application printed in two copies, as well as originals and copies of evidence of the official’s offense. Don't forget to take your passport with you. On your copy of the complaint, the prosecutor's office employee must put a mark on the date and person who accepted the appeal - otherwise, the complaint is considered unregistered;
• By writing and sending a registered letter to the address of the regional prosecutor's office or to the central authority. All copies of documents must be enclosed in the letter. This method is usually used when you have too many documents or are not able to come to see the prosecutor in person. Be sure to keep the Russian Post receipts for shipment - they will be proof that you filed a complaint officially;
• Using Internet portals of regional prosecutors' offices. However, remember that not all of them have similar forms of treatment. Therefore, the Moscow Prosecutor General's Office allows applications from all regions to be submitted on the official website. Such an electronic complaint in the online reception may take longer to consider, since it will have to be transferred from the central authority to the territorial one - the standard 7 days are allotted for this.

The prosecutor's review of the circumstances of the offense on the part of the official will take from 15 to 30 days . Usually, to confirm your words and the fact of a violation, the prosecutor’s office has to conduct unscheduled official inspections, so be patient - a 15-day review period is established for those complaints that do not require additional action from the prosecutor’s office (that is, when the official’s violation is sufficiently confirmed by your documents) . The response should come either by mail or email. Within a month, prosecutors have the right to contact you to request additional documents, clarifications or testimony.

Complaint against a doctor through State Services

Since 2020, the State Services portal has the opportunity to complain about a specific official or organization. But in order to file a complaint, you must register and have access to your personal account on the website. You can use the main version of the portal – https://www.gosuslugi.ru. Next, you need to select the desired window and click on the inscription “Submit a complaint.” The system will tell you what reasons may be grounds for filing a complaint:

• Refusal to accept documents or provide services;
• Violation of terms of assistance;

The electronic application contains the following information:

• Indicate the service that caused difficulties in obtaining it;
• Date of request submission;
• The name and address of the organization where the incompetent assistance was provided;
• The name of the employee against whom the complaint is being made;
• the reason for filing the complaint;
• Additional information;
• Feedback data;
• Own requirements.

Then the user needs to click the “send” button. The response must be received within 15 days from the date of sending the application.