Complaint.Online: where and how to complain in the Russian Federation

In accordance with Art. 159.6 of the Criminal Code of the Russian Federation, theft or acquisition of rights to someone else’s property by deleting, entering, modifying or blocking computer information, as well as other interference in the functioning of information and telecommunication networks is interpreted as fraud, for which criminal liability is provided. But this does not stop criminals who create Internet resources with the aim of deceiving citizens and are constantly developing new algorithms for misappropriating their personal data and personal funds.

Internet fraud schemes

At the moment, the following schemes to deceive citizens are used in the virtual network:

• fake online store. In this case, the scammers take an advance payment for the product, but never send it to the buyer, and if they do send it, it is not the one indicated on the website (it may have a similar appearance, but differ in performance characteristics or be a cheaper Chinese analogue) ;
• phishing, when a website is created to capture payment card data. Having received the necessary information, attackers can use the owner’s money by gaining access to the card account;
• fictitious charity. On such an online resource for raising funds for those in need (seriously ill people, victims of natural disasters, etc.), photographs and documents of charitable organizations can be used, but to transfer funds, scammers indicate the details of their current account;
• sites containing content with malicious code that allows access to the user’s computer.

Where to go

A citizen who has encountered fraud on the Internet has the right to file a complaint:

1. To a hosting company.
2. Rospotrebnadzor.
3. Directorate “K” of the Russian Ministry of Internal Affairs.
4. The prosecutor's office.
5. Court.

Important!
It will be much easier for victims to get their money back, close the fraudulent resource, and bring the perpetrators to justice if they act not individually, but collectively, while simultaneously filing complaints with regulatory authorities. If the site was created to take over the property of users, then its operation period will be relatively short, and then it will “move” to a new web address. In this regard, the victim should complain about the scammers as soon as possible, especially if he was deceived and lost his money.

Hosting company

If a citizen has enough knowledge to determine which hosting company supports the scam site, then he can try to get the resource closed by filing a claim with its customer support. This can be done through the feedback form, by email, or use any available contact to inform the provider about the illegal actions of his client to whom he provides his services (as a rule, such information can be obtained in the “About” section).

When drawing up a claim, it is important to succinctly describe what the violation of the law is (for credibility, you can even provide references to the norms of the current legislation of the Russian Federation) and provide relevant evidence (reviews of other victims, an extract from a card account about the transfer of funds, etc.).

Attention! Contacting a hosting company is relevant even if the user has encountered fraud on a foreign website, when the norms of Russian legislation cannot be applied.

How to report scammers to Yandex

You can complain about a scam site to Yandex on the search engine page itself.

The algorithm of actions is as follows:

1. Open Yandex.
2. Find the support service tab (envelope at the very bottom of the page).
3. Specify the purpose of the complaint: click on the “Select” button and select the “Complain” option from the drop-down list.
4. State the purpose of the problem. Options will open with a complaint about a specific service, content posted on Yandex, advertising, problems with login/password, difficulties with opening a specific page. If none of the above options apply, you can choose another problem and describe it.
5. Fill out the application form. After selecting the purpose of the request, a page will open on which you need to enter your name and email address, and then describe the problem you are experiencing. You can attach screenshots to your application (up to 10 images, the total size of which should not exceed 10 MB).
6. Click the “Submit” button and wait for the results of the request.

A complaint against a scam site on Yandex must contain links to specific web pages that violated the law. The more evidence is attached, the sooner the appeal will be considered. You can also contact us here in case of copyright infringement.

Rospotrebnadzor

Obvious fraud during service in an online store (for example, if the buyer received a counterfeit or not the product for which he paid) is a reason to contact Rospotrebnadzor, which is designed to protect consumer rights. Sometimes such violations are not obvious, therefore, if a consumer finds himself in such a situation, it is better to call the Service’s hotline number to clarify what actions of the store can be qualified as fraud and how best to act given the current circumstances. You can complain to Rospotrebnadzor:

• In writing, by sending a complaint against online scammers by mail to the address: 127994, Moscow, Vadkovsky lane, building 18, buildings 5 ​​and 7. The document should be accompanied by materials proving the fact of making a purchase in the online store (for example, a statement on a bank account), and the seller’s refusal to fulfill its obligations.
• Orally at a reception with an authorized official of Rospotrebnadzor, which is held in accordance with the schedule at rospotrebnadzor.ru/feedback/index.php. At your appointment, it is better to take two samples of a claim drawn up according to the following example:

One copy is handed over to the employee of the Department (the second must be returned to the applicant with the date and stamp of acceptance). Reception by the management staff of Rospotrebnadzor is carried out strictly by appointment. You can get detailed information by phone or.

• Electronically via the form petition.rospotrebnadzor.ru/petition/oper_msg_create/. In order for such a complaint to be considered within the period prescribed by law, the user must correctly indicate his personal and contact information, explain what actions of the online store indicate fraud and provide additional materials that can be used to study the situation (this can be done through the “Select” function file"). The text should also indicate all information available to the user that will help identify the owners of the resource (web address, email, any contact information, etc.). Such a complaint will not be considered if it contains only a link to an Internet resource without explaining the circumstances and stating the user’s requirements.

If a citizen does not want to contact the Central Office, he should send an application to his territorial unit using the details on the page https://rospotrebnadzor.ru/region/structure/str_uprav.php.

Where to complain about a site to get it blocked

Virtual space, like any other information sphere, is under government supervision. Features of posting and disseminating information on the Internet are regulated by the Law “On Information...” dated July 27, 2006 No. 149-FZ. Before filing an online complaint about a website with Roskomnadzor, you can contact other authorities.

First of all, you should write to the site owner (for example, if we are talking about appropriation of other people's materials). Typically, feedback information can be found at the bottom of the page - usually this is the email address to which you should send a letter of complaint. If the problem is not resolved (the site owner has not responded to the request or is not going to admit his guilt), there are other options for solving the problem.

So, where can you complain about a site to get it blocked? To begin with, you can contact the hosting provider who provided the site with a place to host it. You can complain here if we are talking about dishonest page promotion using prohibited methods. In other cases, to block, you need to contact search engines or Roskomnadzor.

However, it is important to take into account that hosting a website is a paid service, so hosters are interested in their work and will not rush to lose their source of income. Accordingly, to block, you need to provide serious evidence that will help justify such a decision.

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Directorate “K” of the Ministry of Internal Affairs of Russia

One of the main tasks of Directorate “K” of the Ministry of Internal Affairs of Russia is to combat fraud committed using the Internet and electronic payment systems. In order to obtain a return of funds transferred to the attackers, as well as to block a fraudulent site where illegal activities are carried out, the user can complain to Management “K” in the following ways:

1. At a personal reception with an authorized employee at the reception of the Ministry of Internal Affairs, which is located at: Moscow, st. Sadovaya-Sukharevskaya, building 11. Its operating hours can be found on the page https://xn--b1aew.xn--p1ai/help/Priemnaja_MVD_Rossii. You can obtain information about the procedure for considering accepted applications received by the Ministry of Internal Affairs by calling an automated telephone number. At the reception, it is better to submit a written complaint about online scammers, which will be transferred to the appropriate department.
2. By letter by Russian Post, sending a written request to the address: 129090, Moscow, st. Sadovaya-Sukharevskaya, building 11. Department “K” should be indicated as the addressee, and it is better to send it by letter with a notification to ensure that it has been delivered to the recipient. In the document compiled, it is important to indicate all the necessary details (web addresses) and any other available information (bank account number where the money was sent, electronic wallet, mobile phone, etc.) that will help identify the owners of the resource.
3. Online through a special form on the website of the Ministry of Internal Affairs of the Russian Federation xn--b1aew.xn--p1ai/request_main, where you can indicate exactly to whom the complaint is addressed. The procedure for submitting such an appeal is not particularly different, so the user must accurately indicate his personal data, choose the method of receiving a response and describe as accurately as possible the circumstances that prompted him to seek protection of his rights. In the “Text of appeal” field, you must provide the address of the fraudulent site and any information that can be used to analyze the situation.

Important! A citizen can submit an appeal to his territorial division of the Ministry of Internal Affairs, since in any case it will be transferred to the final recipient - to Department “K”.

You can find out the necessary information to file a complaint with the territorial authority on the website xn--b1aew.xn--p1ai/contacts/sites.

Procedure and result

The actions of the service for working with citizens’ appeals are regulated by the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.” The total period for consideration and preparation of a response to a complaint is 30 days . If additional actions are required to fully and comprehensively resolve the complaint, the period may be extended by 30 days .

Read our article on how to correctly write a complaint.

A sample complaint against Russian Post can be downloaded from this link.

1. If the authority finds the complaint justified, it initiates an inspection and takes actions according to its competence. Sends orders to eliminate violations in the company to block sites that violate the law.
2. The response to the citizen who contacted him describes all the steps taken by Roskomnadzor employees to eliminate violations.
3. In cases where the complaint is not confirmed, the citizen is sent a refusal to consider it with justification of the reasons.

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Prosecutor's office

Fraud, regardless of the form of such activity, is subject to criminal liability, as indicated by certain provisions of the current legislation. In this regard, the user has the right to complain about online scammers to the Prosecutor’s Office even if the claims submitted to the Office “K” and Rospotrebnadzor did not bring the desired result. It can be done:

1. In writing, by sending the completed document to the address of your territorial unit, details of which can be found on the page gov.ru/contacts/map/?DISTR=&SUBJ=. Due to the fact that such an appeal may become the basis for initiating a criminal case, the application should clearly describe the situation, indicate the details of the parties to the conflict (for example, you can write the number of the electronic wallet to which the funds were transferred) and the website address. The envelope can also contain additional materials that can be used during the investigation.
2. At a personal reception held by the prosecutors on duty. You can obtain information about their operating hours directly from your territorial unit, where you can also make an appointment if this is a prerequisite for submitting an application in person. During the visit, you will need to present your passport, provide known information about the fraudulent site and, if possible, provide evidence that will allow you to conclude that illegal activity is taking place.
3. Online by submitting an electronic complaint to your territorial unit. But this can only be done if such a function is available to residents of the region (as a rule, this option is located on the right in the vertical menu). In particular, this opportunity is provided to residents of Moscow, who can submit claims electronically via the link mosproc.ru/ipriem/iemail.php. After describing the facts that, in the opinion of the victim, indicate obvious fraud, it is worth attaching to the form any electronic documents that indicate criminal activity by the owners of the Internet resource.

How to file a complaint to Roskomnadzor

The complaint is drawn up in free form. When registering, you must indicate:

• information about the applicant (full name, place of residence, telephone);
• information about the object of the complaint (name and address of the organization, link to the website).

The essence of the complaint is stated in full, if possible with reference to the laws that are violated by the organization or site. The statement should not contain any emotional overtones or abuse of the offender; this will not add weight and will distract from the essence of the statement.

List of reasons for leaving an application without consideration:

• no information about the applicant;
• there is no signature;
• the statement is unreadable;
• the message contains obscene language and insults.

For violation of the law on personal data

Dissemination of a citizen's personal information (full name, address, telephone number, passport details) is a violation of federal law.

If a citizen finds his personal data on any website on the Internet, he can contact Roskomnadzor with a complaint about the resource. In this case, the service will conduct an inspection and draw up a report of an administrative offense against the guilty person.

For collectors

You can complain about the actions of employees of collection agencies for disseminating personal data of a citizen. It is considered a violation of the Law “On Personal Data” if collectors call relatives or friends of the debtor and report:

• about the existence of a debt to a credit institution;
• its amount;
• passport data;
• phone number, etc.

Sample 2019

Court

The main goal pursued by citizens who are faced with online fraud is to recover lost funds, which is primarily relevant for situations with online stores, where fakes and counterfeits are sold under the guise of high-quality or original products. But the initiator of the lawsuit may not only be the applicant who has suffered certain financial losses. If he previously contacted the Prosecutor's Office, then after studying the facts provided, it can act as the prosecution in a criminal case. But even in this case, a citizen can file a claim for monetary compensation for his losses (including moral damage).

Fraudsters can only be sued if their identities have been established during the investigation. This is the main problem of such processes: not being able to establish who is carrying out illegal activities, the Prosecutor's Office cannot hold them accountable, and the victim is deprived of the opportunity to recover monetary compensation or moral damages.

The legislative framework

To file a complaint against online scammers, you should rely on the following legislation:

1. Civil Code of the Russian Federation N 14-FZ dated January 26, 1996. (as amended on March 28, 2017).
2. Criminal Code of the Russian Federation N 63-ФЗ dated June 13, 1996. (as amended on July 18, 2017).
3. Federal Law "On the Prosecutor's Office of the Russian Federation" N 2202-1-F dated January 17, 1992. (as amended on July 29, 2017).
4. Federal Law “On Police” No. 3-FZ dated 02/07/2011. (ed. dated July 29, 2017).
5. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006. (ed. 03.11.2015).