The Rosester is of great importance both for the state and for citizens of the Russian Federation. This structure is engaged in registering the property of citizens and stores all documentation related to the rights of citizens to property.
The slightest mistake in the work of this organization entails the most dire consequences. Loss of documents in this structure is rare, but it does occur. Every citizen is faced with the need to contact this organization and, in connection with this, must be aware of how to act in unforeseen situations. The most effective way to resolve various issues is to file a complaint against the actions of the Russian Register. Let's consider how you can complain about the work of this structure and the procedure that must be followed.
Letter of the law
The main legal acts regulating the activities of Rosreestr and its representatives are the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ and the Federal Law “On Cadastral Activities” dated July 24, 2007 No. 221-FZ.
The scope of authority of the body primarily includes such situations that are associated with the provision of proprietary rights to real estate (rights of ownership, use, economic management or operational management). It is worth remembering that they are not involved in correcting shortcomings and errors in regulations on land allotment, because This is the competence of the city or district municipality. But if the owner is faced with an unreasonable refusal to formalize (register) real estate, finds unreliable data in the Unified State Register of Real Estate, or discovers that the cadastral value was determined incorrectly, then in this case it is necessary to file a claim with Rosreestr.
The responsibilities of the employees of this body are spelled out in Resolution No. 457 of 06/01/2009 “On the Federal Service for State Registration, Cadastre and Cartography”, therefore you can not only rely on the provisions of this document, but also refer to them in your complaints.
Current questions on a given topic
Question No. 1. In what form should a claim be submitted to Rosreestr when submitting it via mail?
Answer: The complaint must be handwritten in traditional (paper) format. Moreover, it is mandatory to indicate the citizen’s full name, as well as his postal or email address. Applications that do not contain this data will not be accepted for consideration. If there are documents that are essential for resolving the issue, they can be attached to the complaint.
Question No. 2. Within what time are employees of the Central Office required to respond to a complaint they receive against Rosreestr?
Answer: An application received by mail must be registered within three days. The review period is 30 calendar days from the date of registration. This period may be extended to 60 calendar days, but the applicant must receive special notice of the delay. If the situation turns out to be outside the scope of Rosreestr’s activities, then it will be forwarded to the competent authority within 7 days from the date of registration. In this case, the applicant must also be notified of this action.
Official website of Rosreestr
Firstly, you should apply directly to the leadership of Rosreestr, because the incident may well be resolved at the local level, which means that the citizen will be able to save both time and nerves. There are 3 options for filing a complaint - using the Internet reception, by mail or through a personal meeting with an authorized employee.
Internet reception
The electronic form is located on the page rosreestr.ru/wps/portal/p/cc_ib_support/cc_ib_complaint. Here you must specify:
- The name of the management in a specific subject. The facility is selected based on the location where the incident occurred.
- Name of the structural unit (department of organization and control, geodesy and cartography, etc.) and full name of the official whose actions are subject to appeal.
- Applicant details (full name, postal code and address, telephone, e-mail).
- What served as the basis for writing a complaint (you can select 1 of the proposed points or o, if the desired option was not found).
- What is the conflict (text description).
At the end, there is a function for attaching accompanying materials to the application confirming the veracity of the information presented.
In addition to this form, there is another form on the site, intended for more general requests - rosreestr.ru/wps/portal/p/cc_ib_support/cc_ib_references_citizens. However, through it, a Russian can also send his own complaint, and, if desired, ask a question that interests him. For example, if a person is fundamentally dissatisfied with the organization of the service (too long a wait, long queues, inappropriate service, etc.) or with the actions of the managers (specialists) of the territorial divisions of Rosreestr, then he is recommended to use this form. For each of the listed situations, there is a sub-item that can be selected in the “Subject” section when filling out the application. Otherwise, the procedure for filing a claim is standard.
Sending by mail
A complaint, written by hand in a traditional (paper) format, can be sent through the following communication channels of the Central Office:
- by letter to the postal address - Moscow, Chistoprudny Boulevard, 6/19, building 1, 101000;
- by letter by fax.
If you contact the Rosreestr office in Moscow:
- by letter to the postal address - Moscow, st. B. Tulskaya, 15, 115191;
- by letter by fax.
Here the citizen will need to indicate his full name and postal or email address (depending on how he wants to receive a response). Applications without this information will not be accepted for consideration. The person also has the right to attach to the letter copies of documents or materials that are important when considering the case.
Important fact! Claims submitted can be either individual or collective.
The appeal must be registered by the responsible employee no more than 3 days after its receipt, and also considered within 30 calendar days from the date of registration. In situations requiring more thorough checks, this period may be extended by up to 60 calendar days, but the applicant must receive special notice of the delay. A Russian will receive a similar notification if his claim is outside the scope of Rosreestr’s activities - then it will be forwarded to the competent authority within 7 days from the date of registration.
Personal transfer
The complaint can be submitted through the complaint reception window or into the hands of one of the officials of the Federal Service (the head, his deputies, etc.).
The main reception office operates under the Central Office of Rosreestr. You will definitely need to make an appointment here in advance by calling (ext. 2371). On the day of reception, the citizen will need to present an identity card (Russian passport), and in the case of representing someone else’s interests, a power of attorney for the right to express them on behalf of another individual or legal entity. Both the simple transfer of paper through the Reception window and the meeting with an authorized employee at the Central Office on the day of registration are carried out at the same address: Moscow, Chistoprudny Boulevard, 6/19, building 1. Work schedule: from Monday to Thursday from 9:30 to 12:00 and from 13:00 to 17:00, and Friday from 9:30 to 12:00 and from 13:00 to 16:00.
The website also contains addresses:
- capital reception - Moscow, st. B. Tulskaya, 15;
- reception office near Moscow - Moscow, st. Poklonnaya, 13, phone numbers for appointments.
However, the application does not have to be written. It is also possible to present the situation orally. The employee can respond to the citizen both in words and on paper (at the latter’s choice).
It is important! Experts still recommend bringing a written complaint to the reception desk, because the clerk will affix a registration stamp on its copy. Such a document can significantly help in further proceedings.
Schedules of receptions for the heads of the Central Office, as well as the Moscow and Moscow region divisions, are presented on the page rosreestr.ru/site/feedback/poryadok-rassmotreniya/ (scroll down). Here you can find all the necessary phone numbers.
Similar reception centers operate at the Rosreestr departments in each specific subject, so transferring complaints to such institutions should not cause problems. Questions are accepted via a single reference number (the call is free from anywhere in Russia) and via a helpline. You should turn to the last line for help if a person has encountered corruption and extortion in the structures of the Federal Authority and wants to complain about such an offense.
How to file a complaint with Rosreestr
To decide on this issue, you need to think about which option will be most acceptable for a person if he wants to complain to Rosreestr: an electronic message on the website or a written appeal. Thus, the choice is made between remote sending of a message or self-delivery to the place where the applicant wants to complain.
Make a phone call
Another common, but less effective alternative to solving a problem is to call the institution by phone. Of course, no one should deny a caller at least minimal counseling, but accepting calls does not imply mandatory registration and verification of violations within the period established by law.
To clarify the current phone number (which can be a general hotline or a specialized line for this), you should again refer to the contact information on the official website of Rosreestr. In this case, one should take into account the principle of initial appeals to regional, and then to central authorities.
Online on the organization’s website
Complaining in the fastest format is allowed by generating an online message on the Rosreestr website. For this purpose, on the portals of government agencies (in Moscow and other regions), as a rule, there is a so-called Internet reception. In addition to saving personal or work time, a person avoids the need to think through every detail of the content.
The online form for writing a message contains pre-defined fields that a person must fill out. In addition to personal and personal data, you can enter the claim text itself here. Some services have a limit on the number of characters available for writing. Perhaps this is the only disadvantage if you want to complain in this way.
An online message is in no way inferior in importance to a written message. In accordance with the law, it is also registered within a three-day period after its receipt by the addressee. The further period for consideration of the complaint is 30 days in both cases. It is extended if additional checks are necessary, of which the applicant is also notified.
Send notification email
Every citizen also has the right to complain in writing using the Russian Post. However, this method provides the least amount of guarantees. This applies to both the deadline for receiving the letter by the addressee and monitoring the correctness of the application. If, according to federal law, the review period is approximately a month, then in the case of a letter it may take a little longer.
In order to guarantee the actual delivery of the letter, the sender must order the mailing with an attached notification. It is filled out by the recipient at the time the letter is delivered to him and sent back. Otherwise, the letter may, in principle, get lost and responsibility for this lies solely with the postal workers, and not with the recipient.
In addition, when writing a letter on the Internet or on a piece of paper handed over to a specialist, some monitoring of the correctness of writing occurs. The email already has preset fields to be filled out. When submitting a document to an institution, it is also reviewed by the receiving specialist, who has the right to make comments.
Personal reception with the manager
Do not forget that you can personally complain about Rosreestr not only to standard specialists, but also to the manager. To do this, you should make an appointment with him in advance within the framework of his work schedule. This can usually be done by calling the institution or electronically on the website. It is recommended that you formalize your requirements in advance.
The inconvenience in this case is that the personal working hours and reception of citizens is often inconvenient for the direct applicant. At the same time, waiting for an appointment with standard specialists can be done in the near future, but you may have to wait for weeks for an appointment with a representative of the management team.
Ministry of Economic Development of the Russian Federation
Rosreestr is subordinate to the Ministry of Economic Development of Russia, so if a citizen was unable to resolve the incident at the initial stage, his path lies precisely here.
as part of a pre-trial settlement, and the written application will be sent for consideration to the Deputy Minister of Economic Development of the Russian Federation and at the same time to the head of Rosreestr V.V. Abramchenko. The electronic form is located on the page do.gosuslugi.ru/orgs/rre. To fill it out, you will need authorization in the Unified Identification and Authentication System (USIA).
If this method does not satisfy the person, he can contact the Ministry using the following communication channels:
- postal address – Moscow, A-47, st. 1 Tverskaya-Yamskaya, 1.3, GSP-3, 125993 (for paper letters);
- fax – (for paper letters);
- correspondence box - located on the Central building in Moscow, st. 1 Tverskaya-Yamskaya, 1.3.
- Email -;
- personal reception with an official of the department - contacts and reception schedules are indicated on the page economy.gov.ru/minec/references/areapriemgragdan (here you can transfer the complaint from hand to hand);
- Help numbers for clarification of questions – 8.
The site also operates a public Internet reception (economy.gov.ru/minec/references/reception). This option should be chosen if the citizen does not intend to accompany the application with additional materials (otherwise, you need to use the above e-mail of the Ministry). The form is simple and easy to fill out.
Are there any grounds for filing a complaint?
Home » Land » Complaint about a neighbor on a land plot to the administration
In life, cases of conflict situations between neighbors often arise. The reason for this may be various circumstances: noisy behavior of the owners of neighboring plots, violation of the boundaries of land plots, flooding of plots with sewage and other unpleasant incidents. What can be done in this situation? How to protect your rights?
One of the measures to respond to illegal behavior on the part of neighbors is to send a complaint to the local administration. Let's consider the intricacies of this process.
Filing a complaint against the owner of an adjacent plot contains a number of procedural nuances. First of all, before sending a claim to the local government, collect evidence confirming the illegality of your neighbor’s actions. If the violation of your rights is expressed in the illegal seizure of territory or sewerage flooding, conduct an independent examination.
When making claims, make reference to the expert opinion. In the future, if your issue is not resolved positively by the administration, the information provided by the experts will be useful in court proceedings. You will be able to recover the material costs of paying for the services of specialists from the guilty party in the future.
If the owner of a neighboring plot refuses to resolve the conflict peacefully, document this fact (written refusal of the owner to stop illegal actions and compensate for the losses caused).
Supporting evidence of violation of your rights includes the following materials:
- conclusion of an expert organization;
- recordings from video surveillance cameras and photographic materials;
- testimony of witnesses of violation of your rights and legitimate interests.
A very effective option for suppressing negative actions on the part of a neighbor is to file a collective complaint. Often, the majority of owners of neighboring plots are dissatisfied with the behavior of a dysfunctional neighbor.
A well-drafted appeal to the authorized government body will allow you to promptly stop unlawful actions and prevent negative consequences.
The reasons for which it is necessary to immediately seek help from the local administration are as follows:
- the owner of a neighboring plot of land litters the adjacent territory;
- a neighbor violates the established boundaries of your property (placing buildings on someone else’s territory, installing fences, parking a car);
- the owner of an adjacent plot creates obstacles to the land surveying procedure;
- the neighbor takes actions that worsen the condition of the soil (uses dangerous fertilizers, burns garbage, etc.).
These reasons are the most common. However, the cases that served as the reason for the appeal can be very different. Each situation is considered by local government officials on an individual basis, based on the specific circumstances of the case. However, in any case, the most important issue is the collection of evidence to establish an actual violation of your rights. Therefore, pay special attention to this issue.
Depending on the nature of the neighbor’s unlawful actions, along with contacting the municipality, write a corresponding statement to the relevant government body whose competence includes resolving these issues. For each fact, the supervisory authority conducts an unscheduled on-site inspection and, if violations are detected, an order is issued. If gross violations are detected by a government agency, administrative proceedings are initiated.
For example, if a neighbor violates fire safety standards (burning garbage in unauthorized places, lighting fires in the immediate vicinity of buildings), contact the Ministry of Emergency Situations department that oversees fire safety issues. In case of soil contamination or contamination, submit a request for inspection and protection of your rights to the Rospotrebnadzor service.
Issues of compensation for losses incurred as a result of illegal actions are resolved in court within the framework of civil proceedings. But when going to court, you must provide all evidence of pre-trial settlement of disputes.
In this case, this may be a notification of sending a written appeal to the neighbor with a demand to stop illegal actions, as well as an application to the local government body.
An application to the local administration on the issue of suppressing unlawful actions of a neighbor is drawn up in any form. The main thing is to correctly state all the circumstances of the conflict issue with a clear justification of the causes and consequences that occurred as a result of violated rights.
Often in practice, disputes arise over land plots involving their illegal use. What is meant by this and what responsibility will those who arbitrarily seize and use lands that do not belong to them bear? Is it possible to avoid liability in these cases?
All land plots have their own owner. They can be individuals, organizations, municipalities or the state. There is not a single meter of land that does not belong to anyone.
Ownership rights are protected by law. Any encroachment on someone else's property is punishable by law. Therefore, no one will be able to use lands that do not belong to him in his own interests with impunity.
Very often there are facts of illegal construction of buildings on territory that does not belong to these persons. In such circumstances, we are talking about unauthorized buildings.
It is important to know that it is almost impossible to legalize a residential building built on someone else’s land. By law it is subject to demolition. The costs incurred by the owner of the illegal building will not be reimbursed by anyone. Moreover, he will have to demolish the constructed facility at his own expense and pay fines for violating land use rules.
Along with this, in practice there are other cases of violations of land legislation:
- use of land adjacent to the owner's site. For example, the owner of the house grows vegetables on it, equips it to accommodate a car, or stores building materials or other property on it;
- violation of the norms of indentation from objects;
- failure to respect the boundaries of adjacent areas. The above violations are not always committed intentionally. Sometimes an unwitting lawbreaker may be mistaken about the boundaries of his property, for example, if he loses documents for it.
A plea of ignorance of the law does not exempt the violator from liability for the illegal use of land that does not belong to him.
How does the law regulate issues related to illegal seizure of land?
If you find yourself in a situation where your land ownership has been violated, consider the following legal provisions for guidance:
- the owner has the right to reclaim his property from someone else’s illegal possession (Article 301 of the Civil Code of the Russian Federation);
- the legal owner of the land can demand the removal of all obstacles that prevent him from possessing and enjoying his property. So, if one of the neighbors set up a warehouse for construction materials on its territory or blocked the entrance to the site (Article 304 of the Civil Code of the Russian Federation);
- The law has not established any time limits for the protection of property rights. The statute of limitations does not apply to such disputes. Therefore, the owner can file a claim in court at any time (Article 208 of the Civil Code of the Russian Federation).
The grounds for starting a legal battle between neighbors can be not only cases of unauthorized seizure of land, but also the neighbor’s failure to comply with approved SNiP 30-102-99. For example, if a bathhouse is built on a neighboring plot in close proximity to the border and the distance to it is less than a meter, this may serve as a reason to initiate a civil case in court.
Do not forget that the easiest and fastest way to resolve a dispute over a land issue is to reach a compromise between the owners of neighboring plots. Try to first discuss the conflict situation with your neighbors; it is possible that they do not even suspect that they are breaking the law.
In order to prevent violations of the law, there are bodies that monitor the correct use of land, whose functions include:
- ensuring the use of land plots strictly in accordance with their intended purpose, for example, preventing the construction of residential buildings on agricultural lands, engaging in business activities on lands allocated for housing construction;
- checking whether there were in fact facts of unauthorized land seizures and violations of their borders.
If you establish any violation of the law in relation to the land plot you own, file a complaint with the municipality or the above-mentioned body. If they do not take any effective measures or delay consideration of your issue, then it is worth drawing the attention of higher authorities to this problem.
Before going to court, carefully study all documents related to your land plot. Check the data on the site's boundary plan with its cadastral passport or an extract from the Unified State Register of Real Estate. The register contains all the data on the boundaries of land plots in respect of which land surveying was previously carried out.
Using these documents, it is possible to accurately determine whether a seizure of foreign territory took place. They will also serve as evidence that you are right in negotiations with the owners of neighboring plots or persons who have committed violations of your rights. It is possible that the issue can be resolved peacefully and there will be no need to go to court.
If you couldn’t come to an agreement with your neighbors, then start preparing a statement of claim, having first collected the following documents:
- confirming your right to a land plot;
- to the right of lifelong inheritable ownership of land;
- for the right to perpetual use of the site;
- long-term lease agreement;
- boundary plan;
- technical documentation for the land.
Before talking about unauthorized seizure of land, you should know exactly where the boundaries of the land plots lie. If they have never been surveyed, contact a surveying company.
- the owner of a neighboring plot of land litters the adjacent territory;
- a neighbor violates the established boundaries of your property (placing buildings on someone else’s territory, installing fences, parking a car);
- the owner of an adjacent plot creates obstacles to the land surveying procedure;
- the neighbor takes actions that worsen the condition of the soil (uses dangerous fertilizers, burns garbage, etc.)
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But the parties do not always know about the illegality of their actions. A situation may arise that a tree has always grown in adjacent areas, and the neighbor thought that it was from this tree that his fence would begin.
But in practice it turned out that he ended up on someone else’s site.
Prosecutor's office
It is worth going to the prosecutor's office when all the previous steps have been completed, but have not brought the desired results. (How to complain to the Prosecutor's Office) By this point, a person should have accumulated materials confirming the inaction of the responsible authorities (responses from managers, explanations, copies of the claims themselves, etc.). It will be better if the initial reason for the application turns out to be quite compelling and violates the civil rights of the Russian. This, for example, is the disclosure of his personal data to third parties, illegal manipulation of documents, involvement in fraudulent schemes, fraud with property without the knowledge of the owner, etc.
On the Internet reception page (ipriem.genproc.gov.ru/contacts/ipriem/) it is possible to submit a complaint both to the territorial division of the authority in your subject and to the Prosecutor General's Office of the Russian Federation. If the victim wants to understand the case as quickly as possible, he is recommended to choose the first option.
But a claim to the Prosecutor General’s Office can be sent by registered mail to the address Moscow, Bolshaya Dmitrovka St., 15a, GSP-3, 25993, or you can come in person to the address Moscow, Blagoveshchensky lane, 10. Help desk phone number for questions or Pre-registration (mandatory) –. Reception of the population is carried out from Monday to Thursday from 9:00 to 18:00 and on Friday from 9:00 to 16:45. Lunch – from 13:00 to 13:45.
Contact information for a specific prosecutor's office can be found on the page genproc.gov.ru/contacts/map/?DISTR=&SUBJ, and then submit your complaint here. Here you will need to follow clear paperwork regulations, namely indicate:
- full name of the organ;
- Full name and position of the person to whom the claim is sent for consideration;
- your full name, address and telephone number;
- the essence of the incident (what, where, when and how it happened);
- list of requirements;
- links to regulations;
- list of attached materials;
At the end there is a date and signature.
Where to complain about the negligence of the Rosreestr of the Moscow region - Theory of law
Where to complain?
A multifunctional center (or MFC) is a special institution that performs the duties of many government services. The MFC serves one simple purpose - to unite under one roof many specialists from various government services in order to improve the quality of the services they provide.
However, the MFC does not always act effectively. Both simple misunderstandings and very serious offenses are possible. In this article we will tell you what to do if MFC employees behave inappropriately, work illiterately and even violate your rights.
When can you complain about MFC?
A citizen has the right to complain about absolutely any violation. The main thing is that it affects the work of the MFC itself and does not in any way affect the individual branches of the services with which the MFC operates. Most often complaints come to the MFC in the following cases:
- Poor service: Specialists are illiterate, behave inappropriately, insult MFC clients;
- The MFC cannot perform its functions: there is always no specialist, important papers or forms, employees cannot perform any operation;
- Employees violate your rights: they transfer your data to third parties, withhold documents, and demand money from you that is not related to paid services and duties.
Depending on the severity of the complaint, the location of the complaint will also change. There are three of them: the MFC itself, the prosecutor’s office and the court.
Complaint to the MFC itself
Complaint to the MFC itself
There are two types of complaints to the MFC - an entry in a special book called the “book of appeals”, as well as a complaint directly to the head of the MFC. Let's look at them in more detail.
The contact book is the first place where you should leave your comment about the work. It serves as a “Complaint Book”, which can be found in every store. Absolutely any MFC client can leave their request there. In it you can either point out the incompetence of the entire center or its specific employees, or make your own proposal on the work of the center.
You can write a complaint in the Book of Appeals in free form. The only thing you need to do is avoid insults and obscene language. You can leave a complaint anonymously, but it is better to indicate your full name and contact details - this will make solving the problem much easier.
A complaint to the head of the department is a much more serious complaint. It has the form of an official appeal and cannot be anonymous. At the same time, it is quite simple to compile it - you will only need to indicate the name of the institution, the full name of the head, your data and the essence of the complaint.
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However, please note that the complaint to the manager must concern truly serious complaints, such as the loss of your papers or employee fraud. This is due to the fact that each such application is subject to a thorough check with the participation of the applicant himself. In this regard, this method of complaint is not very popular.
Complaint to the prosecutor's office
If you believe that your rights were grossly violated by an MFC employee, then you should contact the prosecutor’s office. This is a little more difficult to do than filing a complaint with the MFC, but the prosecutor’s office is much more effective and is considered in much more detail.
In order to report a violation, you will need to file a formal complaint. It will need to indicate the following:
- The title contains the name of the institution, the name of the head of the institution, the full name and address of the applicant, contacts for communication and cooperation;
- The information part indicates the violation itself, as well as the circumstances in which it occurred. You can also put forward your demands to the prosecutor’s office and justify them;
- In the conclusion, a list of evidence attached to the application is written, followed by a signature and filing date.
Once the complaint is ready, it must be submitted. To do this, contact the prosecutor's office in person, with the help of a third party who has a power of attorney from you, or send a complaint by registered mail. Once a complaint is filed, a proceeding will be initiated during which the prosecutor's office will periodically contact you for clarification or assistance.
Attention
Based on the results of the check, you will receive an official written response with the result of the check. We advise you to save it, as it may be useful to you in the future, for example, if there are no changes to the MFC and the case needs to be taken to court.
Complaint to court
Complaint to court
If neither an appeal to the MFC nor an appeal to the prosecutor’s office helped you, then it’s time to complain to the court. In order to initiate proceedings, it will be enough to file a statement of claim. In general, it is quite similar to a complaint to the prosecutor’s office, but has several significant differences. It consists of the same three parts.
- Heading . Contains information about the court (only the address and name, the name of the head does not need to be written), information from the plaintiff (that is, about you) and about the defendant (MFC employee);
- Information part . It begins with a detailed description of who, when and how your rights were violated. You will need to indicate all the circumstances of the case. After this, you will need to formulate your demands to the court and clearly justify them;
- The final part is absolutely identical to that of the application to the prosecutor's office - it contains a list of attached documents, the signature of the plaintiff and the date of filing the application.
After filing the claim, a copy of it will be sent to the MFC. The investigation will be conducted either with a representative of the MFC or with the employee himself. Its course will directly depend on what kind of violation is being considered.
Helpful advice!
It is better to draw up and submit an application with the help of a lawyer. It will be extremely useful, since the dispute will have to be waged with government services that have their own lawyers. A competent lawyer will defend your position and help you assert your rights. Moreover, if you think that you do not need the help of a specialist, then at least seek a free consultation - it will save you a lot of time and effort.
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Source: https://teoriprava.ru/kuda-pozhalovatsja-na-halatnost-rosreestra-moskovskoj-oblasti.html
Court
In the event that the problem cannot be resolved pre-trial, all that remains is to transfer the case to litigation. (How to file a complaint with the court) If a person expresses his interests as an individual, he needs to apply to the district court at the location of the department whose actions are subject to appeal. If he acts on behalf of an individual entrepreneur or legal entity, then his path lies in the arbitration court of the relevant entity.
In order for the filed claim to be accepted by the clerk, the document will need to be drawn up according to the principle of 3 parts (introductory, descriptive and demanding) and include in it:
- name of the court;
- comprehensive information about both parties (both the plaintiff and the defendant);
- information about third parties related to the case;
- description of the conflict;
- listing which laws and rights were violated;
- requirements;
- list of accompanying materials;
- date and signature.
Where can I file a complaint?
To complain about the work of Rosreestr, Russians have several alternative places to submit complaints. In this case, it is necessary to take into account the provision that complaints should first be made at the place where the problem occurred. Only if a citizen receives an answer unsatisfactory here does he have the right to appeal to higher authorities regarding Rosreestr.
The main authorities where you can complain about Rosreestr:
- prosecutor's office;
- court;
- management of Rosreestr.
There are no restrictions for complaining to a certain number of recipients. A person has the right to complain about violations of Rosreestr to one or more addressees at once. However, it is recommended to first conduct so-called negotiations with Rosreestr itself. The written response received can be used in the future for appeals to other places.
To the head of Rosreestr
You can complain to the head of Rosreestr not only about work functions and poor quality of the registration procedure. It is worth contacting him in the event of interpersonal conflicts with specialists or manifestations of corruption and other fraudulent components in their activities.
Despite the fact that this assumes a possible solution to the problem within the organization without the involvement of outsiders and authorities, the format of the petition must follow standard writing rules. It is worth following the same structure of the complaint. At the same time, to obtain a guarantee that a response will be issued, it is recommended to ask for a mark indicating that the document has been accepted for work.
To the prosecutor's office
The activities of the prosecutor's office as the highest regulatory body in the Moscow and other regions make it possible to complain here even about the actions of such a state structure as Rosreestr. In this case, first of all, you need to complain about the situation that occurred on the territory of your subject. The decision made by the territorial body can be appealed to the Prosecutor General's Office of the Moscow Region.
Complaining about Rosreestr to the prosecutor's office of the Moscow region is also allowed during a personal visit or by sending a message on the official portal. You can complain here not only to resolve the initial issue, but also to initiate a review of the actions of lower divisions and their individual specialists.
To court
Every Russian has the right to file a complaint against Rosreestr in court in the form of a lawsuit. To do this, he does not have to pre-fill applications about Rosreestr with law enforcement and other authorities. The court considers initial appeals from citizens or appeals against previously made decisions.
How to complain about Rosreestr through court:
- Collection of a documentary case: application + attachments.
- Delivery of this package to the court office with a mark of acceptance marked here.
- Waiting to be summoned to court for a preliminary meeting with the judge and the responding party.
A relative disadvantage of going to court regarding Rosreestr is the protracted nature of the analysis of claims. Unlike ordinary statements regarding the actions of Rosreestr, claims are considered during meetings and debates between the parties over several months. In this case, the plaintiff will face not only temporary, but probably also financial costs. This applies to the courts of all constituent entities of Russia, including the Moscow region.
The legislative framework
The procedure for filing a complaint against the actions of Rosreestr employees is regulated by the following regulations:
- Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ.
- Federal Law “On Cadastral Activities” dated July 24, 2007 No. 221-FZ.
- Resolution No. 457 of June 1, 2009 “On the Federal Service for State Registration, Cadastre and Cartography.”
- Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ
- Federal Law “On the Prosecutor's Office of the Russian Federation” dated January 17, 1992 No. 2202-1.
Where can I complain about the management company?
The Rosester is of great importance both for the state and for citizens of the Russian Federation. This structure is engaged in registering the property of citizens and stores all documentation related to the rights of citizens to property.
The slightest mistake in the work of this organization entails the most dire consequences. Loss of documents in this structure is rare, but it does occur.
Every citizen is faced with the need to contact this organization and, in connection with this, must be aware of how to act in unforeseen situations.
The most effective way to resolve various issues is to file a complaint against the actions of the Russian Register. Let's consider how you can complain about the work of this structure and the procedure that must be followed.
Feeding features
If you encounter problems when contacting Rosester and these difficulties are related to the organization’s work, services or documents, then you should contact the organization’s management.
You should draw up a document addressed to the head of the organization at your place of residence, describe the problem that has arisen, attach documents that will help resolve this issue, put a date and signature. Such problems are quickly resolved without the involvement of other structures.
If more serious questions arise, it is possible to contact the prosecutor’s office or court.
Certain difficulties and issues can only be resolved in court. For example, cancellation of contracts. An appeal to the prosecutor's office is possible if the reason is the following:
- An employee of this organization transferred your personal data to third parties without obtaining consent;
- Transfer of documents to third parties without your permission;
- Carrying out transactions with your property without appropriate notifications;
- Fraud;
- Ignoring complaints sent to the management of Rosester.
Procedure
Let's consider sending a complaint about the work of the Rose Register to the prosecutor's office. Correct preparation of documents plays an important role. If you are not confident in your abilities, you should contact a lawyer who will help you in drawing up this document.
Sample
The complaint to the prosecutor's office has three parts:
- Heading . Contains information about the parties between whom the issue arose. Located in the upper right corner. Includes the name of the prosecutor's office and address. Information about the representative of the organization to whom the applicant is applying. Contact details of the applicant, place of registration. Information about the Rose Register department to which the complaint will be sent.
- Information part . Describes the main essence of the complaint. Contains the main reasons for the conflict when contacting the Russian Register and a description of further developments until the claim is filed. It is necessary to indicate the methods of influence on the organization and the response on the part of Roseestran to the claims and demands that you make to the employees of the prosecutor's office and their detailed justification.
- The final part consists of additional information that may be needed when considering the application. Includes documents confirming the fact of a violation in the organization’s work. After listing the documents, you must indicate the date the application was drawn up and sign.
The complaint must meet certain standards. It should be written in a business style, state the essence of the appeal as clearly as possible without using profanity and should not contain insults.
Download
Submitting a document can be done in three ways:
- Personal complaint
- Message from your representative
- Sending a complaint using Russian Post
Terms for consideration of the application
The standard period for consideration of such a complaint is 30 days from the date of registration of the appeal .
The process of investigating a submitted application involves checking the work of the Rosester and their employees, and during the check, prosecutors have the right to request from the applicant documents necessary to conduct a quality investigation.
If the deadlines for this procedure were exceeded without apparent reason, then you have the right to file a complaint against the actions of the prosecutor’s office.
An increase in the time limit for consideration of a complaint must be justified. The time period can be doubled to 60 days.
The prosecutor's office must inform the applicant of the reason for the increase in terms. Extension of deadlines can only be made once.
After the inspection is completed, you are required to send an official response, which must include the results of the inspection regarding the submitted application.
Procedure in case of no results
After reviewing the results of the audit, you can agree with them, or use other methods of influencing the Rosester. You should go to court in cases where the prosecutor's office did not find any violations during the inspection or when a violation was discovered, but the Russian Register refuses to eliminate these problems in its work.
To go to court, you must draw up a statement of claim, which has a similar form to the statement sent to the prosecutor's office. Additionally, it is necessary to attach an official response from the prosecutor’s office and justify dissatisfaction with the decision made.
After filing a claim, a trial will be organized, during which additional verification will be carried out.
When going to court, it is better to seek the services of a lawyer who will represent you in the lawsuit and help you achieve a positive decision on the filed claim.
Source: https://zhaloba.moscow/kuda-pozhalovatsya-na-rosreestr.html
Sample complaint to a neighbor on a plot of land
There is no strict form for the claim form. The applicant independently determines how to present the essence of the complaint. A well-drafted document will shorten the time it takes to resolve the problem.
The legislation establishes general requirements for processing applications:
- Mandatory indication of personal data (data of a legal entity) and contact information.
- Absence of profanity, insults and threats towards the participants in the conflict.
- The presence of the applicant's signature if the claim is submitted in paper form (for a legal entity, an imprint of the organization's seal is required).
If these simple requirements are violated, the application will not be considered.
To write a complaint about Rosreestr, it is worth taking into account legislative standards. It is worth noting that almost all types of applications under discussion are subject to Federal Law No. 59. It regulates both the actions of the applicant and the receiving party. The exception is claims, which also allow you to complain to Rosreestr, and their filing is regulated by the Code of Civil Procedure of the Russian Federation.
In any case, the complaint should be as concise as possible, indicating legislative references. Unclear expression of thoughts (in which the government agency simply cannot make out the essence of the offense), obscene expressions and verbal aggression are reasons for leaving a claim against Rosreestr without attention and further inspections.
Land is a special object of legal relations and economic turnover, due to its natural qualities, properties, functions and role in the life of society. During the interaction of people with the earth, it carries out various functions: social, environmental, economic, etc.
with cadastral number 66:48:03 11 002:0088, which belongs to me by right of ownership. This land plot belongs to the category of land: land of settlements. This land plot was purchased by me on the basis of Sale and Purchase Agreement No. 14/02/2014 dated 14.
I am the owner of a land plot with cadastral number ___________ (specify number), at the address: ____________ (specify address), on the basis of ____________ (specify the document, by whom and when issued). The area of the land plot I own is __ sq.m., which is confirmed by the materials of the site survey plan dated _________ (indicate the date the plan was drawn up).
As follows from the act of approving the boundaries of the land plot, there are no objections from adjacent land users regarding the boundaries of the land plot that belongs to me. At the same time, the owner of the neighboring land plot ___________________ (indicate last name, first name, patronymic), having surveyed his land plot, stated that I occupy part of the land that belongs to him and erected a fence, which is actually located on the land plot that belongs to me.
For more than ___ (specify period) years I have been using the land within the boundaries established by the plan, no disputes with neighbors have previously arisen; I did not sign the act of approving the boundaries of the neighboring land plot, because I do not agree with it. Taking into account the above, guided by the provisions of Article 62 of the Land Code of the Russian Federation,
Moreover, by verbal agreement with the previous owner, a common well was made (for 4 neighbors). Those. the new owner did not participate in any way in the costs of its drilling and so on. The well is located in such a way that in order to use it, the new neighbor must walk either on my property or on the property of another neighbor, who, by the way, also has a bathhouse not according to the regulations, but along the boundary.
As a result, the trees partially hung over my side. If there is a harvest, the neighbor is on duty day and night so that nothing is stolen from the tree (although, I suggest that you come to me every time and collect the harvest, because I don’t need fallen and rotting apricots and cherry plums in the thickets of Thuja Occidentalis).
There are frequent cases of citizens turning to banking organizations for the return of funds transferred by mistake to other persons. It is possible to return the money if the recipient voluntarily returns it to the account, or you will have to go to court and file a civil lawsuit for unjust enrichment and recovery of incorrectly transferred money.
Personal accounts for payment of housing and communal services are assigned to all real estate properties - be it a house, apartment or even a room. Homeowners can divide their personal account and pay utility bills in accordance with the allocated share and square footage of the premises. We will tell you how and when personal accounts are divided, what nuances to pay attention to, and we will determine the procedure for resolving this issue in court.