Complaint against a local police officer, sample application

Is it necessary to file a complaint against a local police officer when his actions contradict the tasks assigned to the official? Or as a result of his inaction, the rights and freedoms of citizens were violated? We believe that the answer should be positive.

A police officer, such as a local police officer, performs one of the most important law enforcement functions of the state. It is he who is called upon to monitor the state of law and order in the territory under his jurisdiction. We can file a complaint against our neighbors with the local police officer, or provide information about a crime or offense being committed or committed. If his actions contradict the duties assigned to him, a complaint against the district police officer will help draw the attention of his superiors to this fact and, possibly, take corrective action.

Complaint against a local police officer

Reasons for filing a complaint against a local police officer

You can file a complaint against a local representative of the internal affairs bodies for two main reasons.

Inaction of the local police

The inaction of a police officer is understood as ignoring statements from citizens or formally considering the circumstances of the case. For each appeal, the district police officer is obliged to conduct an inspection, establish and record the fact of violation of the law, and apply legal methods of influence to violators.

If this does not happen, then there is every reason to believe that the government representative is negligent in the performance of official duties, allows formalism and criminal inaction in his work, which can lead to dire consequences.

Actions of the district police officer

In this case, we are not talking about negligence, but about deliberate violation of the legal rights of citizens.

Frequent grounds for complaints in this case are:

Unlawful detention or search;
The use of methods of psychological or physical influence on detained citizens;
Interrogation of minors in the absence of parents or legal representatives.

The reasons for appealing the actions of a representative of the law may be more serious, for example, extortion or “protection” of a business in the jurisdiction.

Reasons for filing

Quite often, after submitting an application to the local police officer, a citizen receives nothing in response. Such inaction on the part of a law enforcement representative is considered a violation of the rights of citizens.

Inaction/illegal actions on the part of the district police officer in relation to citizens submitting an application are a manifestation of improper performance of their official duties.

In such situations, citizens are usually lost and do not know where to complain about a police officer. Others, on the contrary, have a negative experience when contacting the police with a claim to work for their employee.

Advice

Before contacting the police, you should first consult with an experienced lawyer. He will be able to determine what citizen’s rights were violated by the local police officer, how to correctly file a complaint to a law enforcement agency (police or prosecutor’s office) and how to behave at all stages of the situation.

Where to complain about a local police officer

Depending on the severity of the actions (or inactions) committed by the local inspector, there are three structures where it is recommended to send complaints.

To the boss

Each district police officer has an immediate supervisor, whose name and position can be found on the police website, or you can find out from the police officer on duty during a personal visit to the internal affairs department.

Yulia Kalinina

Consumer Protection Lawyer

Ask me a question

When submitting an application, you must make sure that the document is registered in the office and keep a copy of the complaint in hand.

If the violations on the part of the police officer were minor, it is enough to outline the circumstances of the case over the phone.

To the prosecutor's office

If a citizen, after filing a complaint, has not received answers to his questions, or considers the decision made unsatisfactory, he should contact the prosecutor’s office for help.

The main state supervisory authority is called upon to monitor compliance with the laws of the Russian Federation, therefore, upon the fact of the application, an inspection must be carried out, the results of which the responsible employees of the prosecutor's office are obliged to notify the applicant in writing.

To court

The judicial authorities are the last authority to which the applicant addresses his problems. This usually happens when a citizen has not received an answer to his questions from other government bodies, or he is not satisfied with the decision made. To draw up an appeal to the court, it is better to use the help of an experienced lawyer and responsibly approach the collection of evidence of violation of the law.

If, as a result of the actions or inaction of a local police officer, a citizen has suffered moral or physical damage, then only the court can decide the issue of payment of compensation.

Responsibilities of the district police officer

A local commissioner is an official in the system of the Ministry of Internal Affairs, whose main responsibility is to protect the rights of people living in the territory entrusted to him. His responsibilities are very broad, but the possibilities are not limitless . Before considering the question of where to complain about this police officer, let’s look at what violations are generally possible on his part.

The district police officer must respond to the application in a manner accessible to him. If the received complaint cannot be considered by the police officer himself, then he must forward it to the appropriate structure within 7 days. Or if the issue is resolved in court, in civil proceedings, then he can give advice on the rules for solving a specific problem.

In some situations, the district police officer cannot independently impose sanctions on the violator in administrative matters, for example, in a situation where neighbors are noisy. But his responsibilities include checking the case materials for compliance with reality . And then, these documents are transferred to the Administrative Commission of the municipal government. Or in other cases when the district police officer is only responsible for conducting a preliminary check and drawing up a protocol.

When an appeal is received in connection with a crime falling under the Criminal Code, the district police officer’s responsibilities include the stage of initiating a criminal case.

By law, this official can conduct an inquiry, but in practice, the case is transferred further.

If resolving the issue of an administrative offense is within his competence, then he is obliged to accept it for proceedings and initiate a case.

The Code of Administrative Offenses establishes acts for which a district police officer can hold violators accountable. These include, but are not limited to: smoking in a public place, petty hooliganism, using vehicles without a license or without registration plates, being in a crowded place while intoxicated or using substances leading to such a state, and much more.

The time for consideration of the appeal is limited, according to Art. 12 Federal Law No. 59 of 06/02/2006, the maximum permissible period is 30 days . And only in rare cases, it is possible to increase the period, and it must be motivated.

Inviolability of the home

When on duty, a police officer must wear a uniform, introduce himself at the beginning of communication with citizens, and comply with the disciplinary regulations approved by Presidential Decree No. 1377 of October 14, 2012. One of the most common mistakes on the part of district commissioners is the violation of the right to inviolability of the home, established by Art. 25 of the Constitution.

If a police officer comes to you, remember that the decision to let him into your home or not is up to you.

Exceptions are cases when entry into private property occurs to prevent or eliminate a crime, and also when a police officer has a search warrant.

Methods of submitting applications to a local police officer

There are several available ways to file a complaint about unlawful actions of a local police officer.

Russian Post

The completed document is sent to the required department by registered mail , the address can be viewed on the Internet. The applicant is left with a postal receipt and a list of documents enclosed in the envelope confirming that the letter was sent.

The period for consideration of the complaint in this case will be counted from the date of registration of the document in the office of the department. The time spent by correspondence in transit is not taken into account.

Personal appeal

You can file a complaint against a local police officer by making an appointment with his immediate superior or an employee of the prosecutor's office. During a personal conversation, you can highlight the circumstances of the case in more detail and draw up a document with the help of an official.

The main thing is to make sure that the application was registered in accordance with all the rules, and the applicant was given a copy with a mark from the office.

On the official site

Today, almost every police department has its own official website, so a complaint against a local police officer can be filed online. To do this, you need to find the required section on the page of the desired department and fill out the form provided. After this, all that remains is to wait for an answer within the time limits established by law.

Hotline

In every region of Russia there is a hotline number for the Ministry of Internal Affairs, which can be found by calling the duty station.

Hotline telephone number of the Ministry of Internal Affairs of Russia, common for all constituent entities of the Russian Federation: 8.

Sample of drawing up a complaint against a decision to refuse to initiate a criminal case.

The decision to refuse to initiate a criminal case can be appealed in accordance with Articles 124 and 125 of the Code of Criminal Procedure of the Russian Federation to the prosecutor, the head of the investigative agency or to the court.

The Criminal Procedure Code does not provide for a period for appealing this decision.

In this article, I will provide a sample of filing a complaint with the prosecutor’s office as the fastest and most effective way to check the legality of a decision to refuse to initiate a criminal case.

As an example, I will show you how to appeal the decision of the district police department No. 1 of the Russian Ministry of Internal Affairs for the city of Kaluga to refuse to initiate a criminal case on an application for the theft of a cell phone.

If you have other circumstances, then the complaint is drawn up according to the given sample, and provide your own factual data.

Prosecutor of the city of Kaluga -class rank- -full name-

from - full name -, residing at: -address- telephone: -number-

COMPLAINT against the decision to refuse to initiate criminal proceedings.

On March 23, 2015, the local police commissioner of OP No. 1 of the Ministry of Internal Affairs of Russia for the city of Kaluga - title full name -, having examined the inspection material registered in the KUSP for No. 132 dated March 14, 2015, based on my application for the theft of a cell phone, issued a decision to refuse initiation of a criminal case due to the absence of a crime.

In justifying the decision, the local police commissioner indicated that I had lost my cell phone. The fact of his theft was not confirmed.

I do not agree with this decision, as it is illegal and unfounded.

According to Article 7 of the Code of Criminal Procedure of the Russian Federation, the decision of the investigator or interrogating officer must be legal, justified and motivated.

Within the meaning of Articles 24, 140-145 of the Code of Criminal Procedure of the Russian Federation, a decision to refuse to initiate a criminal case due to the absence of a crime event is adopted in the case when, as a result of considering a report of a crime, an official comes to the conclusion that the event specified in the statement did not occur. At the same time, such a conclusion must be confirmed by the verification materials carried out in full.

These requirements of the criminal procedure law were not met when conducting an inspection based on my application.

So, during the inspection, the local police commissioner interviewed only me and included a certificate about the cost of my phone.

They did not take into account my arguments that I did not lose my phone and this fact could be confirmed by my wife and an acquaintance -full name-, who was traveling with me on the bus.

My wife, -full name-, living at the address: -address-, was not interviewed by him. She can confirm my arguments that she was on the bus with me and my friend, and at the beginning of the trip I had my cell phone in my trouser pocket. At the end of the trip, I no longer had my cell phone, but I did not lose my phone.

This circumstance can also be confirmed by my friend -full name-, living at the address: -address-, who was also not interviewed during the inspection.

I believe that the local police commissioner - full name - on March 23, 2015, illegally and unreasonably made a decision to refuse to initiate a criminal case, which is subject to cancellation.

In accordance with Art. 123, art. 124, part 5 art. 148 Code of Criminal Procedure of the Russian Federation

ASK:

1. The decision to refuse to initiate a criminal case dated March 23, 2015, issued by the local police commissioner of OP No. 1 of the Ministry of Internal Affairs of Russia for the city of Kaluga - title full name -, according to my application for the theft of a cell phone, is cancelled.

2. The material should be sent for additional verification to the same authority.

3. Instruct officials to interview the citizens indicated in my complaint, and then make a legal and informed decision in accordance with Art. 145 of the Code of Criminal Procedure of the Russian Federation.

Attachment: resolution to refuse to initiate a criminal case dated March 23, 2015, 2 p.m.

— date- -signature- -full name-

Note: the provisions of this article are valid as of the date of publication of the article on the website.

How to file a complaint against a local police officer, sample application

A complaint against a police officer is drawn up in the form of a standard statement, in which you must indicate :

Position and full name the person in whose name the application is being made.
Your personal and contact information.
Describe in detail the essence of the violation and support it with evidence.
Send a letter, having previously indicated the preferred method of receiving a response (by mail or email).

Where to file a complaint against the police?

A complaint about the inaction of police officers is submitted to a higher police chief, to a court or to the prosecutor's office. You can select one authority or send the document to all at once. Appealing to two authorities at once can significantly reduce the time spent on the trial process.

A preliminary appeal against police inaction can be made at the headquarters to which the department is subordinate. Within a month, the appeal is considered and action is taken on it.

USEFUL: watch a video with tips on filing a complaint

Structure and sample of a complaint

Regardless of the authority for filing a complaint, when drawing up the complaint, the following design features should be taken into account:

A complaint against a police officer must be drawn up as competently as possible: without grammatical or spelling errors. The more competently the document is drawn up, the more seriously the authorized persons will take its consideration;

Download

Sample complaint against a district police officer.doc

A complaint to the chief of police or the prosecutor's office does not have a prescribed form. However, a sample complaint against a district police officer can be downloaded on the Internet or obtained from a lawyer.

As for drawing up a statement of claim against a district police officer, when drawing it up you need to be guided by the rules for drawing up claims (based on the Civil Procedure Code of the Russian Federation).

Both in the complaint and in the claim there should be no corrections or crossed out words. The document must be filled out with a pen of the same color (blue or black);
The style of address is businesslike;
The statement should not contain words with a strong emotional connotation, obscene or abusive expressions, or the expression of a subjective rather than an objective point of view;
Each fact listed in the complaint must be supported by law;
The descriptive part of the complaint must be drawn up extremely correctly, briefly and concisely, “without water”, but extremely meaningful. The main thing is to describe the essence of filing an application, indicate what rights were violated, and confirm it with the relevant articles of the Law;

The complaint must be completed in two copies. One copy will be transferred to the appeal authority, and the second will remain in the hands of the applicant.

Advice

When submitting a complaint to the police, request that your copy be marked with a note indicating that the document was transferred to a higher-ranking person. In addition, the complaint that remains in the hands of the citizen must be marked with the date of transmission, as well as the personal signatures of the applicant and the person who accepted the complaint.

As for the information that must be included in the complaint itself, it must include the following information:

Details of the person to whom the complaint is submitted: last name, first name, patronymic, position of the person;
Applicant's details: last name, first name, patronymic, residential address (permanent or actual), contact phone number;
The title of the document is a complaint about the inaction of the district police officer;
Descriptive part: essence of the problem, facts, legislative support;
The applicant’s demands in relation to the district police officer who responded improperly/ignored the submitted application;

You can file a complaint against a local police officer with the police or prosecutor’s office either in any form or using a sample document that can be downloaded on the Internet or obtained a sample when contacting one of the authorities.

Attention

The period for considering a complaint against a district police officer and making a decision on it is usually no more than thirty days.