Statement to the police about theft of property, sample from an individual or legal entity

Who can contact the police and when?

Any individual or legal entity has the right to file a statement with the police if their property is stolen (things, equipment, mechanisms, money in this case are also considered property). In Art. 141 of the Code of Criminal Procedure of the Russian Federation specifies only one requirement for this document - the presence of the signature of the applicant, that is, it is impossible to anonymously report a crime to law enforcement agencies, such an appeal will not entail any legal consequences. The unified form is not approved by law; a citizen or representative of an organization independently decides what information to provide to the police.

The qualification of the act is not mandatory; the applicant may not know whether a theft has been committed (secret theft of property) or whether the crime had witnesses (in this case, the act is qualified as robbery).

Methodology for drawing up an appeal

It's not an easy job. After all, criminals often create cunning schemes that only a specialist can understand. Therefore, the victim, by virtue of the current legislation, finds himself in a dangerous situation:

• he must notify law enforcement officers about the crime;
• the facts stated in the application are verified;
• if they are not confirmed, then the accused has the opportunity to file a counterclaim for libel.

Important: the person who contacts the police is warned of liability for knowingly false denunciation (clause 6 of Article 141 of the Criminal Procedure Code (CCP) of the Russian Federation).
Article 141. Statement of a crime of the Criminal Procedure Code of the Russian Federation

Citizens and business managers need to know that the Criminal Code has several articles related to fraud. They are shown in the table:

Article 159. Fraud of the Criminal Code of the Russian Federation

Article 159.1. Fraud in the field of lending of the Criminal Code of the Russian Federation

Article 159.2. Fraud in receiving payments under the Criminal Code of the Russian Federation

Article 159.3. Fraud using payment cards of the Criminal Code of the Russian Federation

Article 159.5. Fraud in the field of insurance of the Criminal Code of the Russian Federation

Article 159.6. Fraud in the field of computer information of the Criminal Code of the Russian Federation

Knowledge of the law will allow you to suspect and stop selfish deception in one of the listed areas. When drawing up an appeal to law enforcement officers, it is advisable to indicate not the paragraph number of the Criminal Code, but the branch of the relationship. This will make it easier for police to classify a crime.

Grounds for revocation

The revocation of a written or oral (enshrined in the protocol) appeal about a crime of the Criminal Procedure Code of the Russian Federation is not provided for. Staff checks are carried out on any report of facts containing signs of a crime. If the police come to the conclusion that the event did not occur or there are no signs of a crime, the initiation of a criminal case will be refused. In cases of private prosecution (infliction of minor bodily harm, battery, slander), termination of the case is allowed in connection with the reconciliation of the parties. Theft is not one of them, so it will not be possible to stop the case.

What is "free form"

The concept of free form refers not to the entire document, but to that part of it in which the appeal is directly stated. The applicant formulates and writes down the essence of the application in his own words without using template phrases and expressions. This form allows you to make the description of the problem more complete and take into account all its nuances.

At the same time, it is necessary to maintain a business style and indicate factual information that is necessary for making a management decision.

The application excludes:

• colloquial slang (example: “You are my dear man! Help, be so kind!”);
• profanity (example: “... because some idiot from the mountain decided to put up a fence...”);
• the use of elements of a different style, for example, special scientific terms (example: “As a result of abduction, the commission put forward the following proposals...”).

It is also highly advisable to avoid careless writing and grammatical errors. The text must be compiled in such a way as to exclude double interpretation.

Current legislation does not contain comprehensive requirements for such a statement. Federal Law No. 59 dated May 2, 2006 “On the procedure for considering citizens’ appeals” establishes that, as a general rule, the application should contain:

• name of the body, full name the official or position of the person to whom the application is addressed;
• FULL NAME. applicant, patronymic is indicated if available;
• postal address where the response to the appeal should be received;
• the essence of the document;
• personal signature of the applicant;
• document date.

If the specified information is available, the application must be accepted for consideration.

If the application was sent electronically, the email address must also be indicated. If it is necessary to explain the stated facts and confirm them with documents, relevant materials are attached to the application (according to the text of Article 7 of the Federal Law No. 59).

On a note! The law does not require a telephone number or other operational means of communication with the applicant. When accepting a document, the applicant can only be advised to do so.

It is optimal to place the text on one page of A4 sheet for ease of perception of information. It can be printed or handwritten. When writing an application, you must be guided by the current GOST (R 7.0.97-2016) and leave margins in the document: the left, top and bottom must be at least 2 cm, and the right - from 1 cm.

How to transfer

The traditional reliable method of submitting an application is personal transfer. The applicant prepares two copies of the application and personally submits one of them to the secretariat of the organization where he applied. On the second copy, which remains at the applicant’s disposal, the secretary puts the incoming number, date, and puts his signature with a note indicating acceptance of the document.

If it is impossible to deliver a document in person for some reason, it is sent by registered mail with a list of the contents and a notification of delivery to the addressee. Modern Internet technologies make it possible to track the passage of a letter and its delivery to an organization using a special postal number.

Electronic document management is becoming increasingly widespread. In some cases, a free-form application can be submitted in this way, for example, if we are talking about a resignation letter. The applicant must have an electronic digital signature with which he will sign the application before sending it. Otherwise, the document will not be accepted. This opportunity is provided by Federal Law-63 of 04/06/11, which equates an electronic document, properly executed, to a similar paper document signed by a citizen in person.

How to write an application without errors

The free form application consists of the following information blocks. This scheme is universal; it is suitable for writing any statement, regardless of the topic and addressee:

1. Destination. Information about where and to whom the application is being written is indicated here. The information should be as complete as possible. Usually the name of the organization, surname, name, patronymic and position of its responsible person are indicated in the form of the dative case.
2. Applicant. If the document is internal, an employee of the organization writes, his full name is indicated. and position. In other cases, the position is not indicated, but, in addition to the full name. applicant, a detailed postal address is required. It is advisable to indicate the telephone as a means of operational communication. Sometimes the use of the preposition “from” or its absence in the header of the statement is controversial. Currently, both options are acceptable.
3. Name. In this case, the word is “statement.” It is written after the header, in the center. A lowercase letter means that the word is part of a previous sentence. After it they put a period. You can write the title with a capital letter, as a separate word without a period at the end. When typing on a PC, the title may consist of only capital letters, also without a period at the end.
4. The main informative part of the statement reflects the purpose of its writing, the topic, and the complexity of the problem raised. It should give the addressee the opportunity to have a more complete understanding of the essence of the issue.
5. Date of. It is placed either on the left after the main part, or after the name, before the main part (this option is relatively rare, although it is also acceptable).
6. Signature. This is done in person, regardless of whether the document was written by hand or typed on a PC. This attribute is placed either on the right edge, on the same line where the date is located, after the main part, or under the date after the main part. If the date is written under the heading, the signature is still placed at the end of the document. It summarizes the entire text and serves as confirmation of the applicant’s identity.

Below are a few examples of free-form statements:

• about lifting the seizure of property to the bailiff service;
• on deferment of payment of state duty to a court of general jurisdiction;
• on provision of parental leave for up to 1.5 years.

Samples contain conditional data.

Sample application to lift the seizure of property in the FSSP

Bailiff Service for the city of Azov and the Azov region Bailiff Sidorov Petr Alekseevich address: Azov RO, Privokzalnaya street, 12 from Kurilin Stepan Sergeevich address: s. Maroseevo, Azov district, RO, st. Volnaya, 7 phone: 89288306240

STATEMENT

On May 17, 2022, the bailiff seized the property, namely the house located at the address: Krasnaya Street, 10, p. Maroseevo, Azov district, RO, on the basis of a writ of execution in case No. 4-17647/2019 on the collection of debt from the debtor Kapitonov S.I. in favor of Mikhailov K.S. cash in the amount of 800 thousand rubles.

The arrest was made illegally. The specified house to the debtor S.I. Kapitonov do not belong. I am the owner of the property based on the purchase and sale agreement dated October 5, 2022.

In connection with the above, I request that the arrest be lifted from the property located at Krasnaya Street, 10, p. Maroseevo, Azov district, RO.

In case of refusal, I reserve the right to file a claim in court.

20.05.19

Kurilin S.S.

Sample application for deferment of payment of state duty to a court of general jurisdiction

In the Kirovsky District Court of Rostov-on-Don, Rostov-on-Don, lane. Gazetny, 36 Mikhail Ivanovich Krivosheeva, Rostov-on-Don, Zhuravleva lane 1, apt. 5a

Statement

On February 14, 2022, I filed a claim to recover 72 thousand rubles of borrowed funds from Grigory Makarovich Kurolesov. In accordance with the current legislation, the state duty due to me is 2360 rubles*, but at present I am not able to pay this amount due to a difficult financial situation - I was fired due to the liquidation of the company, I am looking for work.

Based on the above, guided by art. 333.41 of the Tax Code of the Russian Federation, I ask you to defer the payment of the state duty on my claim against G.M. Kurolesov. until the end of the case.

Appendix: Help from the Employment Center.

14.02.19

Krivosheev M.I.

*Calculation of state duty is carried out in accordance with Art. 333.19 Tax Code of the Russian Federation. According to the claim from 20,001 to 100,000 rubles. state duty 800 rub. plus 3% of the amount over 20,000 rubles. 72000-20000= 52000 rub. 52000 *3% = 1560 rub. 1560 + 800 = 2360 rub.

Sample application for parental leave for up to 1.5 years

To the director of Electra LLC, Artem Filippovich Nikodimov, from the manager Margarita Petrovna Suprunova

statement.

I ask you to provide me with leave to care for a child up to 1.5 years old (daughter Suprunova Maria Ilyinichna was born on April 3, 2019) from June 13, 2019. I ask you to make a calculation and pay me a monthly allowance for child care up to 1.5 years old to my salary card account. Applications:

• a copy of the birth certificate of the daughter Suprunova M.I.,
• a certificate from the husband’s place of work stating that he is not on parental leave and does not receive a monthly allowance.

06/13/19

Suprunova M.P.

As a rule, a request for payment of benefits is immediately included in the vacation application, otherwise you will have to write another application for receiving funds.