Statement of hooliganism: procedure for drawing up and filing in 2022

What is hooliganism from a legal point of view?

In the text of Art. 213 of the Criminal Code of the Russian Federation one can find the following definition:

Hooliganism is a gross violation of public order, expressing clear disrespect for society.

The following must be kept in mind:

• In this case, a gross violation of public order means any actions that cause significant harm to such order (for example, disruption of a mass event or disruption of transport);
• A mandatory sign of criminal hooliganism is the use of weapons or objects used as weapons - this could be, for example, a baseball bat, an ax or a piece of rebar (an exception is possible only if we are talking about hooliganism based on racial, political or religious enmity);
• Another distinctive feature of hooliganism is that this crime is committed publicly and openly - for example, in the presence of visitors to public places;
• The crime is considered completed from the moment the hooligan acts are committed.

Grounds for filing a complaint to the district police officer against neighbors

The reason for filing a complaint and submitting it to the district police officer is a violation of the law providing for administrative liability. This could be noise at night, including listening to loud music, smoking on a common balcony, hooliganism, or even violating traffic rules, for example, illegal parking in the courtyard of a residential building.

If your neighbor has committed a crime, then in this case you can contact the local police officer, but with a statement.

Types of hooliganism in the Criminal Code of the Russian Federation

The qualifying signs of hooliganism are provided for in Part 2 of Art. 213 of the Criminal Code of the Russian Federation:

• Hooliganism on public transport (land, water, air);
• Hooliganism motivated by hatred towards any social group;
• Hooliganism motivated by political, ideological, racial, national or religious hatred or enmity;
• Hooliganism with the use of weapons (or objects used as weapons);
• Hooliganism associated with resisting a person performing duties to protect public order;
• Hooliganism associated with resistance to a representative of authority;
• Hooliganism committed by a group of persons by prior conspiracy;
• Hooliganism committed by an organized group;
• Hooliganism committed with the use of explosives or explosive devices.

How to write correctly?

Often, the duty station provides samples of theft reports. However, not everyone has the opportunity to visit the police department, so let’s consider the approximate structure of such a statement:

1. In the upper right corner you must indicate to whom the application should be sent.
   The “header” should include the following information:

• name of the territorial body of the Ministry of Internal Affairs of Russia;
• Full name of the Head of this body.

1. Next, indicate the applicant’s personal data: full name, address, passport details, mobile phone / other means of communication.
2. In the middle of the statement the name of the document should be written - “Statement” or “Statement of theft.”
3. After this, it is necessary to outline the circumstances of the theft, answering in detail the question: where did the theft occur? When? Who? What was stolen? In what size? and etc.
4. At the end of the application, you should write about your awareness of criminal liability for knowingly false denunciation.
5. After this, it is recommended to indicate the preferred method of communication, as well as list the evidence in this case (testimony of witnesses; recording from a video surveillance camera; documents confirming that the property belonged to the victim, etc.).
6. The application must be completed with the date and signature of the applicant.

Sample filling

Sample of a completed application for theft - secret theft of money or other property:

Please note that this is an example of filling out an application. Your application may vary. However, we recommend following the proposed structure.

Question: how to write a statement if money has been stolen?

Answer: the structure of the theft statement will not change. However, it will be necessary to indicate in more detail where the funds were stolen from and in what form: cash or non-cash. You should also indicate the amount of money stolen, as this will affect qualifications.

Question: how to write a statement if your passport is stolen?

Answer: the structure of the application will also not change. However, before submitting an application, we recommend that you once again make sure that the passport was stolen in order to avoid criminal liability for knowingly false denunciation.

Can I pick it up?

Criminal cases of theft are matters of public prosecution, therefore, prosecution can and should be carried out regardless of the will of the victim.

This means that an application that has already been registered with the KUSP cannot be withdrawn , since such an application must be subject to an inspection, the results of which will lead to a decision on whether or not to initiate a criminal case.

Hooliganism and petty hooliganism: what is the difference?

In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives”, illegal actions that were committed:

a) by persons not bound by a preliminary conspiracy and who did not use weapons, b) not for reasons of political, racial, national or other hatred or enmity

do not form a crime under Art. 213 of the Criminal Code of the Russian Federation. If there are grounds for this, such actions can be qualified as petty hooliganism (Article 20.1 of the Code of Administrative Offenses of the Russian Federation).

Examples of petty hooliganism:

• Obscene language in a public place;
• Bad behavior;
• Damage and/or destruction of someone else's property;
• Discharge of natural necessities in public places;
• Telephone hooliganism, etc.

When is it important to file a collective complaint?

A collective complaint is made by a group of people whose rights have been violated by the same person, organization or authority in a similar way. Examples when drawing up a collective appeal is relevant include situations where:

• owners of premises in apartment buildings are dissatisfied with the quality of work of the management company or utility providers;
• passengers on the same flight are dissatisfied with the quality of transport services;
• residents are dissatisfied with the quality of services provided at the local clinic, school, kindergarten and other public institutions;
• employees of one organization believe that the employer is violating their labor rights;
• visitors to a catering organization were poisoned by poor-quality food, etc.

How to write a statement about hooliganism in 2019?

Are you planning to draw up and file a criminal complaint yourself? Then do not forget that such a statement must indicate:

• Name of the territorial police department;
• Full name and title of the head of the department;
• Full name of the applicant (please note - according to Article 141 of the Code of Criminal Procedure of the Russian Federation, an anonymous statement to the police cannot serve as a reason for initiating a criminal case);
• The applicant's address and telephone number;
• Information about the crime/offense committed;
• The applicant’s demands (for example: “I ask you to conduct a check on the facts I have indicated, identify all the guilty persons involved in the case and initiate criminal cases against Ivanov I. I. born in 1990 and other guilty persons in accordance with the Criminal Code of the Russian Federation”);
• Date of contact with the police.

Note! The application must be signed either by the victim himself or his legal representative.

Typical mistakes when filing a police report:

• The application is not legible - for example, it is written in illegible handwriting or contains too many errors;
• Lack of name, contact details or signature of the applicant;
• Excessive or, conversely, too brief statement of the circumstances of the case;
• The presence of obscene expressions or threats in the text of the application;
• Appeal to the wrong address: for example, the applicant submits a statement of hooliganism not to the police, but to the prosecutor's office.

How to correctly write a collective statement, complaint, claim against neighbors

A complaint, like any other appeal made by a team, differs from an individual one in that the problems indicated in it, as a rule, are resolved more quickly. This appeal is suitable for residents of apartment buildings, since even if neighbors violate the rules of law, then these violations interfere with at least several residents.

To eliminate violations, it is necessary that the appeal be accepted, and it will be accepted when it is correctly drawn up. A properly drafted collective complaint must contain:

• Information about the addressee. The appeal can be sent to various authorities and it is important to determine which of them is competent in solving the problem that has arisen.
• Information about the applicant. In the case of a collectively compiled document, there is no need to list all full names and passport details. It will be enough to indicate that the appeal was written by the residents of a particular apartment building, their names and signatures.
• The name of the document is a complaint or statement.
• The bottom line. It is necessary to briefly outline what and how the neighbors violated, and it will be useful to refer to specific articles.
• Application. It is issued if the residents have concrete evidence of unlawful acts committed by their neighbors.
• Date of preparation.
• Full name of each resident who supports everything stated in the appeal and his signature.

A little more attention needs to be paid to the collective claim against a neighbor. It is sent to the violator himself and you should not expect any legal consequences or changes on the part of the neighbor, since in essence this is informing the tenant that he is violating the rights of other persons. This document will be very useful if the case goes to court.

In all types of appeals, it is not allowed to threaten anyone with any action, otherwise the complaint, statement or even claim will simply not be considered.

Where to file a complaint about hooliganism in 2019?

In accordance with the current legislation of the Russian Federation, a statement about a crime or offense can be submitted to any territorial body of the Ministry of Internal Affairs of Russia - regardless of both the place of residence of the victim and the place where the crime was committed.

That is, if a Moscow resident becomes a victim of a crime while on vacation in Sochi, he has the right to file a complaint with the Moscow OVD (Internal Affairs Department).

How to find the nearest police station? The necessary information can be found on the official website of the Ministry of Internal Affairs in your region:

Departments of the Ministry of Internal Affairs of Russia in Moscow districts

Directorates and departments of the Ministry of Internal Affairs of Russia of the regions of St. Petersburg

Police departments of the Russian Ministry of Internal Affairs for the city of Krasnodar

Basic rules for registering statements of crimes and offenses in internal affairs bodies:

• Applications from citizens are accepted 24 hours a day;
• Waiting areas at the territorial police department must be equipped with tables and chairs - to make it possible to draw up a statement;
• At the request of the applicant, police officers are required to provide him with paper and pen;
• Each accepted application must be registered in a special accounting book.

Note! The decision to initiate a criminal case (or to refuse to initiate a criminal case) must be made within 3 calendar days from the date of registration of the statement of crime.

Complaint, claim, statement - are there any differences, what are they used for?

The situation is controlled by the federal law “On the procedure for considering appeals from citizens of the Russian Federation.” To exercise your right to contact the authorities of the Russian Federation, “appeals” are used. These include "complaints" and "allegations".

According to paragraph 3 of Article 4 of the above-mentioned Federal Law, a statement is understood as a message about a violation of the legislation of the Russian Federation, shortcomings in the work of state and local government bodies and their officials, or a request for assistance in the implementation of the rights and freedoms established by the Constitution of the Russian Federation, both one’s own and other persons.

Paragraph 4 of the same article defines the concept of “complaint”. By this word, the law means a citizen’s request for the protection or restoration of violated rights, freedoms and interests of both their own and other persons.

Our legislation does not provide a definition of a claim, however, this term is most often found in civil law and is used to resolve a dispute out of court, that is, resolving a controversial situation before going to court. Therefore, a claim should be understood as a requirement to eliminate violations in the performance of an obligation by another person.

According to our legislation, a citizen has the right to send his appeals and complaints to any authorities and organizations, for example, the administration, housing and communal services, or even a store.

There are no differences in the method of sending appeals and claims. They can be transmitted either in person or by post as a regular letter.

Who should carry which statement?

This document will help you understand what types of issues are handled by different law enforcement agencies and where is the best place to take a report if you need help. Most often, the police can help a citizen, but there are cases when going to the police can be not only pointless, but also harmful.

In order for your application to be considered quickly, the most reliable way is to contact the correct law enforcement agency and its correct division. The correct law enforcement agency (police, court, Investigative Committee, prosecutor's office) is determined by competence (investigative jurisdiction). The correct department is according to the rules of territoriality (the place where the incident occurred that you want to report or the place where you live).

Table of contents

general information

Competence of law enforcement agencies 

Investigative Committee of Russia

Police

Court

General supervision in the prosecutor's office

Territoriality: which specific department of law enforcement agency should I contact?

general information

If you have become a victim or witness of an offence, it is extremely important to identify the competent government authority authorized to make decisions regarding your problem. Of course, if you contact the wrong address, your appeal should not be ignored and within 7 days from the date of registration (if you report a crime - 3 days) will be transferred to the appropriate authority or official. However, filing an application immediately with the competent authority has obvious advantages (see instructions “How and where to file a crime report”).

If your application contains information about the commission of a conditionally “everyday” administrative offense, such an application in most situations is submitted to the police (for more details, see Article 28.3 of the Code of Administrative Offenses of the Russian Federation). Within the limits of his powers, a prosecutor can also initiate proceedings in a case of an administrative offense (Article 25.11 of the Code of Administrative Offenses of the Russian Federation). Moreover, when exercising supervision over compliance with the Constitution of the Russian Federation and the execution of laws, the prosecutor has the right to initiate a case for any administrative offense (Part 1 of Article 28.4 of the Code of Administrative Offenses of the Russian Federation). In other words, based on your application, the prosecutor can initiate any case of an administrative offense (see the instructions “How to write a statement to the police”).

Competence of law enforcement agencies

The following competence has been established for the investigation of the most common crimes.

Investigative Committee of Russia:

1) causing serious harm to health;

2) kidnapping;

3) crimes against sexual integrity and sexual freedom of the individual;

4) crimes against the constitutional rights and freedoms of man and citizen;

6) a number of environmental crimes;

7) inciting hatred or enmity, as well as crimes of an extremist nature;

crimes of exceeding official powers or their abuse, bribes and official forgery;

9) crimes against government officials;

10) grave and especially grave crimes committed by minors and against minors.

Police

1) causing harm to health of varying severity;

2) crimes against property (theft, fraud, robbery, theft and others);

3) hooliganism;

4) violation of traffic rules and operation of technical equipment;

5) along with the Federal Drug Control Service (FSKN), investigates cases related to the manufacture and distribution of drugs.

Court

The current criminal procedure legislation provides for the possibility of private prosecution. In this case, the magistrate, at the request of the citizen, initiates a criminal case. In this case, the applicant independently carries out the prosecution and proves the guilt of another citizen in committing a crime.

In total, the criminal code provides for three elements of crime, the charges for which are private: beatings, intentional infliction of slight harm to health and slander. You can find out more about the procedure for private prosecution here.

General supervision in the prosecutor's office

The Prosecutor's Office of the Russian Federation is a unified federal centralized system of bodies that supervise compliance with the Constitution of the Russian Federation and the implementation of laws in force on the territory of the Russian Federation.

Any appeal or complaint about non-compliance with legislation by any government body can be submitted to the prosecutor's office. The only exception is the court.

The main functions of the prosecutor's office:

– supervision over the implementation of laws by government agencies and private legal entities;

– supervision over the observance of human and civil rights and freedoms;

– supervision over the implementation of laws by bodies carrying out operational investigative activities, inquiry and preliminary investigation;

– supervision over the implementation of laws by bailiffs;

– supervision over the implementation of laws by the administrations of bodies and institutions executing punishment and applying compulsory measures prescribed by the court, administrations of places of detention and detention;

– criminal prosecution in accordance with the powers established by the criminal procedural legislation of the Russian Federation;

– coordinating the activities of law enforcement agencies to combat crime.

Thus, we can conclude that among all law enforcement agencies, the prosecutor's office is the most "universal" in terms of upholding the law, however, it is important to remember that the prosecutor's office does not have the power to initiate criminal cases.

Territoriality: which specific department of law enforcement agency should I contact?

Territorial jurisdiction in criminal cases is determined, as a rule, by the place where the act containing signs of a crime was committed (Article 152 of the Criminal Code of the Russian Federation). This means that the application must be submitted to the appropriate authority operating in the territory in which the crime was committed. Territorial jurisdiction in cases of administrative offenses is also determined by the place where the offense was committed.

If you file a statement about a crime, there is a certain jurisdiction among law enforcement agencies, provided for in Article 151 of the Code of Criminal Procedure of the Russian Federation (see - competence).

If the place where an administrative offense or crime was committed is within the jurisdiction of one police department, and the application is filed on the territory of another department, then all available materials, after registration, are transferred to the required authority. At the same time, the necessary measures are taken to preserve traces of the offense or crime.

Examples:

1. You contacted the police department with a statement in which they reported that a traffic police officer demanded a bribe from you in the amount of 1,000 rubles. In this case, the police are obliged to accept and register your statement, but within 3 days it will be forwarded to the Investigative Committee of Russia.
2. Let's assume you live in the Central district of St. Petersburg. Leaving the office where you work, located in the Nevsky district, you discovered that the windshield of your car was broken. If you report this to the Central Police Department, which is located next to your home, the police will be required to register such a statement and forward it to the Nevsky Police Department, since that is where the offense was committed.

Advice

Most of the crimes that citizens encounter in everyday life are investigated by police officers. Therefore, if something was stolen from you, your relative was kidnapped, or your health was harmed, contact the police department. At the same time, it is much more important to promptly contact any nearest department so that the criminal is detained in hot pursuit than to look for the correct jurisdiction.

Important: the only exception is Article 286 of the Criminal Code of the Russian Federation - abuse of official power if you suspect a police officer of committing a crime. In such a situation, you must contact the Investigative Committee of Russia directly.

How to write a statement to the police?

What to do if the police report is not accepted?

Sample act Sample application

Return to help section

Where to contact?

If an employee has been harassed in the workplace, immediate action must be taken. It is very important not only to promptly file a complaint against him, but also to collect the necessary evidence confirming illegal actions.

For protection, you must contact the following authorities:

• First of all, you can file a statement with the top management of the organization (if the violation occurred in a branch, or if the manager and founder are different persons);
• Submitting an application to law enforcement agencies;
• Submitting an application to the prosecutor's office. It is advisable to contact this body if you have not been successful in previous instances. The advantage of contacting the prosecutor's office is that a criminal case can be initiated immediately;
• Filing a claim in court. Through it, you can demand not only a real term, but also recover compensation for moral damage.