When can I file a complaint with the prosecutor’s office regarding police inaction and how long will it take to consider it? Sample document

Violations of citizens' rights in cooperation with the police occur all the time. This may slow down the process of considering a complaint filed with the police. The law establishes deadlines for consideration of the application, and if they are neglected, you have the opportunity to appeal. In addition, a common option is to respond to an application, when, without considering the case, the police write a refusal to consider and further progress the case.

In addition to issues related to the handling of cases by the police department, there are also problems with adherence to the law by police officers. For example, leniency towards persons violating the law, bribing witnesses, exerting pressure. In addition, banal negligence is possible, which can lead to aggravation of the situation.

It is worth recognizing that dishonest policemen have many legislative gaps and tricks at their disposal to confuse the matter or even completely avoid the option of dealing with this matter. This allows such law enforcement officers not to fall into the eyes of the prosecutor's office and remain clean in front of their own security service. To a person not familiar with these tricks, it seems that it is generally impossible to achieve justice and this whole process may simply get boring.

It is possible to defend your rights, but it turns out to be very persistent people. In addition, the help of people familiar with legal matters will come in handy.

However, in modern realities, not many people have the means and opportunity to afford the services of a lawyer, which is why we will consider the option of fighting the system on our own.

It is necessary to distinguish offenses by the nature of their origin on the part of law enforcement agencies. These may be offenses related to corruption schemes, then the best option to achieve justice would be to contact your own security service. Other violations of the law can be appealed through the court or through the prosecutor's office.

However, the first thing that needs to be decided is that the application you submitted is accepted and registered. If you come in person to file a complaint, and this option, although old-fashioned, is effective, then you should receive an admission ticket. In the case when they don’t give it to you or mention that you don’t need to put a date, this is one of the tricks that can help the police get rid of you like an annoying fly. You should not fall for this, and if you receive a coupon, demand it and then your chances of having your complaint considered will increase significantly. The services involved in your case have ten days to review it and provide a response to the case.

Often police officers use unsubscribes indicating that the complaint was rejected. Another common option is “rolling the barrel from one to another.” For example, if by law you must be provided with a response to a complaint, then the police have the option of sending the response by mail.

The last option provides that you will need to contact the office of internal affairs, where the application was filed, and try to obtain a resolution on this complaint. If a resolution is not issued, you should know that this is one of the management methods that throws a spanner in the works.

When you already have the resolution, and even otherwise, start filing a complaint with the prosecutor's office.

When the situation involves cases of abuse of power by police officers resulting in injuries and injuries, it is very important to properly document these injuries. Otherwise, the police can take advantage of this, since the ongoing burden of the process can distract you, and without recording the injuries immediately, it will be impossible to do this later.

If we return to the complaint, despite the prevailing idea about complaints against the police, the prosecutor’s office quite often makes decisions in favor of ordinary citizens who have suffered from the actions of unscrupulous police officers. In court, justice is restored even more often. However, conducting a court case is much more problematic.

The complaint that is sent to the prosecutor's office must describe the current situation in as much detail as possible, taking into account the sequence of events. In addition, do not forget about the personal information of the police officers involved in the case. Therefore, it is better to know their rank and full name. In addition, you should not forget about the logical justification of the legitimacy of your claims against the police officer. To do this, you need to find a well-trained lawyer who can help you.

In what cases can you complain that the police are inactive?

A citizen of the Russian Federation has the right to file a complaint against the inaction of a police officer, according to Art. 53 Federal Law No. 3.

The following police offenses are considered grounds for appeal:

• not responding to an accepted call;
• refusal to initiate criminal proceedings;
• refusal to carry out certain verification activities upon application from a citizen;
• verification of not all circumstances specified in the application;
• refusal to carry out certain operational and other activities after the initiation of a criminal case.

Filing a complaint against the inaction of a police officer is regulated by the following legal acts:

1. Constitution of the Russian Federation.
2. Federal Law No. 144 of August 12, 1995 “On operational investigative activities.”
3. Federal Law No. 3 of February 7, 2011 “On the Police”.
4. Federal Law No. 2202-1 of January 17, 1992 “On the Prosecutor’s Office”.
5. Federal Law No. 1 of December 31, 1996 “On the judicial system in the Russian Federation.”
6. Federal Law No. 59 of May 2, 2006 “On the procedure for considering appeals from citizens in the Russian Federation.”

In addition to inaction, a citizen has the right to file a complaint against a police officer if his civil rights are violated or the investigation is carried out poorly.

In addition, such an appeal is submitted to the appropriate authority if a police officer exceeds his official powers and commits certain illegal actions against a civilian.

Grounds for appeal

Regardless of the situation and circumstances, the police officer cannot act at his own discretion. When carrying out certain actions, he is obliged to strictly follow the legislative norms that regulate his professional activities. But, as practice shows, citizens often complain about the following actions of law enforcement officials:

• search or examination of personal belongings without legal grounds;
• rudeness, humiliation, rudeness or inappropriate behavior during performance;
• physical influence (beatings, torture);
• failure to comply with the law when carrying out procedural actions;
• extortion (for concealing any facts, destroying evidence, closing a case);
• groundless refusal to initiate a criminal case or a case of an administrative offense;
• unlawful detention or violation of detention procedures;
• ignoring a statement about committing a crime;
• unlawful seizure of personal funds without providing a resolution;
• failure of a police officer to fulfill his duties (inaction), etc.

A complaint cannot be submitted anonymously without providing your personal information.

Where to file a claim?

An oral report or written appeal about the inaction of police officers should be submitted to the following authorities:

• through the reception office of the Ministry of Internal Affairs of the Russian Federation (Moscow, Sadovaya-Sukharevskaya St., 11) or through the mailbox, which is installed in the building of the Ministry of Internal Affairs of the Russian Federation (Moscow, Zhitnaya St., 16);
• by mail to the Main Directorate of Internal Security (USB) of the Ministry of Internal Affairs of the Russian Federation (115054, Moscow, Bolshaya Pionerskaya St., 6/8) or to the corresponding territorial Internal Security Department of the Ministry of Internal Affairs of the Russian Federation;
• to the duty station of the police department, to the duty officer of the Main Directorate of Security Services of the Ministry of Internal Affairs of the Russian Federation or to the head of the police department during a personal reception where the police officer whose actions are being appealed is serving;
• to the website of the Ministry of Internal Affairs of the Russian Federation;
• orally or in writing to the prosecutor of the same administrative-territorial entity or a higher prosecutor.

In addition, if police officers fail to act, a citizen sends a written complaint to one of the following places:

• to the head of the territorial police department - to the hotline using the contacts listed on the website MIA.RF/contacts/sites;
• in the CSS of the Ministry of Internal Affairs of the Russian Federation - through the website MIA.RF/request_main;
• to the prosecutor's office - through the office of the local authority or through the website ipriem.genproc.gov.ru/contacts/ipriem;
• to court - through the website vsrf.ru/appeals/ or through the office of the District Court.

The application must be submitted in the following order:

1. First, a complaint is submitted to the leadership of the Ministry of Internal Affairs.
2. If the territorial police department is inactive and the offending police officer is not punished, then in this case it is necessary to contact the city prosecutor’s office (if the district police officer is inactive, to the district authority).
3. They go to court if, due to the inaction of a police officer, a citizen has suffered moral or material damage.

It is necessary to select a department for appealing to the police on a territorial basis. The complaint to the court is considered in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation.

If a police officer violates one of the articles of the Criminal Code of the Russian Federation (extortion of money, assistance to a suspect, etc.), you should contact the Internal Affairs Directorate of the Ministry of Internal Affairs of the Russian Federation.

Here, after appropriate verification, a decision is made to prosecute a specific official.

For prompt assistance, citizens file a complaint about the inaction of a police officer orally at the following phone numbers:

• The duty station of the Central Internal Affairs Directorate is 102.
• Hotline of the Ministry of Internal Affairs.
• Main CSS of the Ministry of Internal Affairs of the Russian Federation.

In the event of an appeal against the actions of a police officer during a personal reception, the applicant presents a personal passport to the relevant official. Written appeals are accepted by bodies providing public services in the place where the applicant files a complaint or receives a response to it.

Reasons for contacting the prosecutor's office

The Prosecutor's Office of the Russian Federation has the authority to control the activities of any police department in the country. An employee of the prosecutor's office has the right to request and check documentation on the progress of the investigation of a criminal case in order to exclude illegal actions on the part of the investigative authorities.

Below are the reasons why a citizen may write a complaint to the prosecutor's office.

1. Unreasonable refusal to initiate a case. If, when contacting the police support center, the duty officer refuses to accept and register your application, as well as if the investigator, referring to Art. 148 of the Criminal Procedure Code of the Russian Federation, refuses to initiate a case if there are facts of committing a criminal offense, you have the right to demand a prosecutor's inspection in relation to this official.
2. Application of penalties in the absence of legal grounds. If a police officer, for no apparent reason, decides to check your documents, and upon hearing a refusal, demands to go to the department, his actions are interpreted as illegal. In this case, you can also apply to the prosecutor's office to protect your rights and interests.
3. Spontaneous arrest. If you were detained without legal grounds, in violation of the procedure (without drawing up a protocol, without indicating the date and time in the protocol, etc.), such behavior by police officers falls under Article 301 of the Criminal Code of the Russian Federation and is punishable by forced labor or imprisonment.
4. Bringing to justice a obviously innocent person. According to the legislation of the Russian Federation, a criminal case can be initiated against a citizen only if there is conclusive evidence of his guilt established during the preliminary investigation. For example, a person cannot be accused of participating in an illegal rally just because he reposted an event on a social network if he was at his workplace during the protest.

Detention by police officers.

Rules for drawing up an application

In an official complaint about the inaction of a police officer, the following information is indicated:

1. The name of the body where the complaint is filed (for example, to the prosecutor's office of the Frunzensky district of St. Petersburg).
2. Full name, information about place of registration, contacts, e-mail (if available) and postal address of the applicant.
3. The name of the submitted document and its essence (for example, a complaint about the inaction of a police officer in the Kirovsky district of St. Petersburg).
4. A description of certain circumstances and facts under which the citizen’s rights were violated and other arguments on the basis of which the applicant challenges the inaction of the police officer (for example, a decision to refuse to initiate a new criminal case).
5. Article of the law - Art. 125 of the Code of Criminal Procedure of the Russian Federation (for court) and Art. 124 of the Code of Criminal Procedure of the Russian Federation (to other authorities).
6. The pleading part (for example, a request to cancel a decision or initiate a criminal case).
7. Date of.
8. Personal signature.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

A complaint about a police officer’s inaction is written by hand or compiled on a computer. There are no clear requirements for text formatting in the law.

However, before drawing up such a complaint, you should study the Code of Criminal Procedure of the Russian Federation, familiarize yourself with the period for registration, consideration and a sample of this document.

How to write a complaint correctly

The final result depends on how correctly the appeal to the prosecutor's office is drawn up. According to the complaint filing procedure, the following applications are not subject to consideration:

• anonymous;
• repeated;
• meaningless in content;
• containing obscene language.

Document structure and sample

The document can be drawn up in free form, but subject to certain requirements for content and structure. A handwritten application must be written in legible handwriting so that it is easy to read.

Sample complaint.

In the header of the document you must indicate the name of the government body (territorial department of the prosecutor's office, regional division or the Prosecutor General's Office of the Russian Federation), full name and position of the employee to whom the applicant applied. Here is the author’s full name, the address of his permanent or temporary registration, and a contact phone number for quick communication.

The main part should state the claim in detail, indicating the full name, position and place of service of the police officer, as well as the circumstances of the violation of the law. If available, you must provide evidence and testimony. References to legislative or regulatory acts are desirable, but not required, since special legal education is not required to seek protection of your rights and interests.

In the final part you need to formulate your request:

• conduct a prosecutorial review of the facts stated in the complaint;
• respond to the complaint in a motivated manner;
• notify the applicant about the results of the inspection and the decisions made.

The application must be accompanied by notarized copies of documents proving the inactivity or illegal actions of police officers.

Official website of the prosecutor's office.

You can submit a complaint in the following ways:

• at a reception with a prosecutor’s office employee;
• by registered mail with notification via Almost Russia;
• using the online service on the official website of the Prosecutor's Office of the Russian Federation.

A complaint can be filed either independently or through an authorized representative whose powers are notarized. When the application is accepted and registered, an on-site inspection can be organized, as a result of which punishment will be imposed on the guilty officials in accordance with current legislation.

Terms of consideration

The period for reviewing the document should not exceed 3 days, and up to 10 days are allotted for the prosecutor’s inspection (in some cases, its duration may increase to 30 days). Based on the results, a decision will be made:

• refusal to initiate criminal proceedings;
• on bringing the perpetrators to justice;
• about redirecting the application to another department.

For example, if a citizen complains about the inaction of a police officer in a case of protecting consumer rights, the prosecutor can redirect the materials to Rospotrebnadzor, and bring the police officer to disciplinary action. This scheme allows you to simultaneously improve the quality of police work and speed up the process of establishing the truth in the case.

Rospotrebnadzor.

What is important to know when filing a complaint against the actions and inactions of police officers

Additional nuances are quite enough. Anyone who has the desire to write a complaint about the actions or inactions of the police should hope that their statement will hit the target.

As always, the goal is to restore justice. The fight against the system in a state like Russia should not happen alone.

Recently, a very effective way is to turn to various media. They make such a fuss that the police have no chance to let the case go.

However, it would not be superfluous to remind you that before applying anywhere, it is necessary to find out exactly whether the citizen’s rights have been violated. And this requires clear qualifications of events and evidence.

Don't take rash actions. Pay attention! If you have questions, you can ask them to a consultant on the website.

Institutions of appeal

The easiest way for a citizen whose rights have been violated is to file a complaint by calling 112 (the all-Russian number for calling the police) or by calling a hotline established in each constituent entity of the Russian Federation.

Management of the Department of Internal Affairs structure

The next authority is the police leadership. You can submit a complaint here:

• to the immediate superior of the employee who committed the violation . For example, you need to complain about the actions of a local police officer to the head of the relevant department or the head of the police department (OVD) in which the corresponding department is located;
• superior officer;
• directly to the head of the Ministry of Internal Affairs system . In this case, as a rule, the complaint will be taken down for investigation and transferred to the police leadership of a particular constituent entity of the Russian Federation, however, it will be accepted and registered, and the applicant will be informed about the measures taken regarding it.

Public Council of the Ministry of Internal Affairs of Russia

In some cases, it makes sense to complain to the public council. This organization, which exists under the Ministry of Internal Affairs of the Russian Federation, monitors the actions of police officers and has the right to intervene in cases where violations of the law are involved.

To the prosecutor's office and court

If there are signs of violation of the law by the police, it makes sense to contact the prosecutor's office.

According to Chapter 3 of the Federal Law “On the Prosecutor's Office of the Russian Federation” No. 2202-1 of 1992, the powers of prosecutors include supervision of the actions of law enforcement agencies, primarily the police.

In addition, the actions of police officers, like any other officials, can be appealed administratively through the court. In this case, the applicant must be guided by the rules established by the CAS of the Russian Federation.

Procedure and terms for consideration of a complaint

The prosecutor's office must register the complaint after receiving it within three days from the date of receipt. But only if the document meets all the requirements that are accepted in relation to the application under consideration. When the sample is registered, it is submitted to the prosecutor, who will henceforth be responsible for it.

The prosecutor must carry out a set of activities, considering the complaint and trying to determine whether there are grounds for it and how correctly it is drawn up:

• It is checked whether all the facts specified in the complaint are true. He may even go to the scene to establish prosecutorial control.
• Collect and request the documentary base necessary to make a decision. For example, it will require the provision of materials from a criminal case, enforcement proceedings, etc. This will help you look at the situation objectively.
• He will transfer some of his responsibilities to lower-level prosecutors in order to check the complaint in more detail.
• Can submit materials to various authorities in order to initiate criminal or administrative proceedings.

The prosecutor can also grant or deny (do not act) the request to fire someone specified in the sample complaint.

The complaint received by the prosecutor's office has its own consideration period. For ordinary cases they are 15 days. If the case requires additional verification, the prosecutor's office can work for 30 days. Sometimes the deadline for a complaint is extended, but not longer than another 30 days. When the review is completed, representatives of the prosecutor's office provide a response, reporting on the work done and measures taken.

Where to complain about the police: requirements for the content of the statement that you cannot do without

So, how to properly write a complaint about unlawful actions of police officers?

Preparing and drawing up an application requires extreme care from a person.

First of all, it is necessary to find out all the possible options for the development of events. And you need to start by deciding where exactly to complain.

So, citizens can express their complaints to several bodies that have supervisory functions over police officers.

These include:

1. Initially, the employee's superiors should be mentioned whose actions or inactions led to this situation.
2. A complaint about the inaction of the police on duty can be sent to the OSB (internal security department).
3. Citizens can also express their complaints to the prosecutor's office.

Expert commentary
Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

It is difficult to say which action will be the most relevant and will bring the fastest result. To do this, you need to be aware of the specific situation. It is best to consult a lawyer here. However, our article will focus on the cases that have already been listed above.

How to file a complaint against the police

If there are compelling reasons, you can obtain an internal inspection or even bring the offender to criminal liability. But in order to achieve this, it is important to correctly draft the application and indicate in it information that will confirm the legitimacy of the applicant’s demands. To do this, the text of the document must reflect the following information:

• Name of the authority to which the appeal is submitted. If it is intended for a specific employee of the prosecutor's office, it is important to indicate his full name and position.
• Personal and contact details of the applicant.
• Circumstances under which a police officer committed unlawful acts. You should provide the date, time, location of the incident, police information and other information that will help assess the situation.
• Grounds indicating the illegality of police actions with reference to the relevant provisions of the law.
• Where were the appeals previously submitted and what responses were received? If the applicant has not contacted the police chief or other supervisory authority, this paragraph can be skipped.
• Formulate requirements (conduct an inspection, stop further violation of the law or rights, take action against the violator, etc.). If a citizen wants an answer, this should be indicated at the end of the main part.
• A complete list of applications that a citizen plans to submit for consideration of the case.

Nuances of determining the addressee of a complaint against a local police officer

Where to address a complaint against a local police officer depends on the content of the complaint. In any case, the addressee can be the head of the police department where the district police officer serves. If the question concerns the initiation of a criminal case, it is advisable to send a complaint to the prosecutor's office. When the question concerns damage as a result of illegal actions of a local police officer - a complaint against the chief of police, to the prosecutor's office, and then - filing a statement of claim.

When filing an administrative claim in court against the actions of an official or when filing a claim for compensation for damage caused by an authority, a copy of the complaint against the district police officer will become an appendix to the claim and one of the evidence in the civil case.

How to appeal a refusal to initiate a criminal case?

This memo will teach you how to protect your rights if you become a victim of a crime, and law enforcement officials do not recognize you as a victim and refuse to initiate criminal proceedings.

You will need these instructions if:

1. you have already submitted an application;
2. the application was accepted and reviewed (see instructions “How to write and submit an application”);
3. you have been notified that, based on your application, a decision has been made to refuse to initiate criminal proceedings.

The chances that a criminal case will be opened as a result of your complaints are not very high. Of the 7.5 million decisions to refuse to initiate criminal proceedings in 2014, 1.48 million were canceled, but only 195,984 criminal cases were opened after the cancellation. Despite this, filing a complaint against a refusal order still increases your chances of getting a criminal case. Law enforcement officials are not interested in changing their decision to refuse to initiate criminal proceedings. And it's not just that they don't want to do extra work. For them, the initiation of a criminal case after the cancellation of the refusal order is a negative indicator of their effectiveness (see the section “Crime Statistics”).

When preparing the instructions, materials from the Anti-Corruption Journal were used.

Table of contents

What is important to know when appealing a refusal to initiate a criminal case?

How to appeal a refusal to initiate a criminal case?

1. Familiarization with the decision to refuse to initiate a criminal case and the inspection materials

2. Study the resolution and inspection materials

3. File a complaint against the decision to refuse to initiate a criminal case (Appendix No. 3)

4. File a complaint

4.1 We will appeal the refusal to initiate a criminal case to the head of the investigative body/head of the police department

4.2 Appeal the refusal to initiate a criminal case to the prosecutor

4.3 We will appeal the refusal to initiate a criminal case in court

Results of the complaint consideration

You have become a victim of a crime, but law enforcement agencies have refused to initiate criminal proceedings against you. How to proceed?

Criminal procedure law allows you to appeal a decision to refuse to initiate criminal proceedings in three different ways, which have both advantages and disadvantages.

The procedure for appealing a decision to refuse to initiate a criminal case is regulated by Chapter 16 of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation).

What is important to know when appealing a refusal to initiate a criminal case?

Criminal prosecution cannot be carried out if there is an unrepealed decision to refuse to initiate a criminal case (clause 5, part 1, article 27 of the Code of Criminal Procedure of the Russian Federation). For example, you went to the police with a statement about assault. If your application was responded to by a decision to refuse to initiate a criminal case, you do not have the right to go to court as a private prosecution (Article 318 of the Code of Criminal Procedure of the Russian Federation). Therefore, refusal to initiate a criminal case destroys the possibility of restoring violated rights and prosecuting the perpetrators.

Any participant in criminal proceedings or other person has the right to file a complaint against the refusal to initiate a criminal case if this decision affects his interests (123 and 125 of the Code of Criminal Procedure of the Russian Federation). In addition, a defense lawyer, legal representative or representative may file a complaint in the interests of the applicant.

For example, if you witnessed a crime and the police refused to initiate criminal proceedings against you, you have the right to challenge this decision.

Important: the law does not provide for a time limit for filing a complaint against the refusal to initiate criminal proceedings. You can do this whenever you want, but we advise you not to hesitate.

How to appeal a refusal to initiate a criminal case?

Familiarization with the decision to refuse to initiate a criminal case and the inspection materials

1.1 First of all, you need to familiarize yourself with the decision to refuse to initiate criminal proceedings. If the decision was not served, request a copy of it, and also ask to see all the verification materials related to your application.

Application for a copy of the decision to refuse to initiate a criminal case and familiarization with the inspection materials (16.6 KB)

Application for familiarization with the materials of the inspection on a report of a crime (19.2 KB)

1.2 The application must be sent to the addressee by registered mail with return receipt requested, or in two copies brought to the office (reception) of the police department or the investigative committee. In the latter case, the person who accepted the application puts an acceptance mark on the second copy indicating the date (see instructions “If your application is not accepted”).

1.3 In response to your request to familiarize yourself with the inspection materials, the investigator (inquiry officer) will send information about the time and place of familiarization with the inspection materials.

1.4 Familiarization takes place on the premises of the authority that issued the decision: the police department or the department of the Investigative Committee (ICR). Make photocopies of all materials. If you do not want or cannot appear in person at the police department (Investigative Committee department), your representative, who has a power of attorney from you, can review the inspection materials.

1.5 Legal representatives of minor citizens (parents) are not required to issue a power of attorney to familiarize themselves with the verification materials, however, it is advisable to have the child’s birth certificate with them.

Study the resolution and inspection materials

The resolution to refuse to initiate a criminal case consists of two parts: motivational and operative.

The motivational part contains the arguments of the inquiry officer (the district police officer or operational representative can also act in his role) or the investigator in support of his decision, and the operative part contains the formal grounds for issuing a refusal with references to the norms of the Code of Criminal Procedure of the Russian Federation.

In order to effectively appeal a decision to refuse to initiate a criminal case, you need to find out what exactly the investigator (inquiry officer) did to comprehensively and objectively verify your statement of crime and what he did not do. For example, did the employee interview all witnesses, conduct the necessary research (for example, medical), request video recordings of external surveillance cameras, etc. There is no list of actions that an investigator/police officer must perform. You can compare your expectations of the scope of verification activities with reality and then indicate in the complaint what exactly was not done.

File a complaint against the decision to refuse to initiate a criminal case

Sample complaint - (Appendix No. 3) (22.9 KB)

Article 24 of the Code of Criminal Procedure of the Russian Federation contains the legal grounds on which a refusal to initiate a criminal case is issued. Among them the most common:

– absence of a crime event (clause 1, part 1, article 24 of the Code of Criminal Procedure of the Russian Federation)

those. there has never been any act that gave rise to the reported crime;

– absence of corpus delicti in the act (clause 2, part 1, article 24 of the Code of Criminal Procedure of the Russian Federation),

those. the event did exist, but it cannot be classified as a crime. For example, a citizen filed a complaint about the theft of a car, but in reality the car was moved without the knowledge of the owner by a relative of the applicant who had no malicious intent.

When appealing the decision, you will argue that such a conclusion (there was no crime or no one is to blame) is incorrect.

When drawing up a complaint against a decision to refuse to initiate criminal proceedings, it is important to prove that the decision was:

a) unfounded, that is, issued prematurely, without sufficient verification of the facts stated in the statement of crime, and/or not corresponding to the verification materials;

b) unmotivated, that is, without a clear statement of the reasons why the investigator (inquiry officer) made the decision to refuse;

c) does not comply with the criminal procedure code.

File a complaint

Where, how and to whom to file a complaint?

As practice shows, citizens most often face refusals to initiate criminal cases accepted by local police officers. As the most effective and least labor-intensive way to protect your rights, we recommend appealing the refusal to initiate a criminal case to the prosecutor, but, of course, you can always use the mechanism that you consider most effective in your situation.

4.1 We will appeal the refusal to initiate a criminal case to the head of the investigative body/head of the police department

The law provides for your right to file a corresponding complaint with the head of the investigative body (Part 5 of Article 148 of the Code of Criminal Procedure of the Russian Federation). In other words, such a complaint is submitted to the office of the investigative body.

If the decision to refuse to initiate a criminal case was made by an investigator of the Investigative Committee, then the complaint must be filed with the office of the Investigative Committee department. If an investigator from the investigative department of a police department, then directly to the police department itself (office).

If the refusal to initiate a criminal case was made by the district police officer or the investigator of the police department, it must be appealed to the head (chief) of the corresponding district police department (to the office of the police department).

Important: the duty station (as opposed to reporting a crime) is not required to accept such a complaint.

The consideration period is within 3 days from the date of receipt of the complaint by the head of the investigative body (head of the police department). In exceptional cases, a complaint may be considered within 10 days with mandatory notification to the applicant of the need to extend the period for consideration of the complaint (Article 124 of the Code of Criminal Procedure of the Russian Federation).

You will be required to immediately notify of the decision made on the complaint regarding the refusal to initiate criminal proceedings. You are also required to be informed about the further procedure for appealing (part of Article 127 of the Code of Criminal Procedure of the Russian Federation) - the head of the investigative body explains the procedure in his decision.

It is important to understand that if the head of the investigative department recognizes the decision as legal, this does not deprive you of the right to file a similar complaint with the prosecutor’s office or court.

4.2 Appeal the refusal to initiate a criminal case to the prosecutor

The procedure and time frame for appealing a refusal to initiate a criminal case to a prosecutor are similar to appealing a decision to the head of an investigative body.

However, this method of appealing a refusal is more effective than appealing to the head of the investigative body. Compared to going to court, it is less complicated and more efficient.

The complaint is submitted to the prosecutor's office at the location of the police department or the Investigation Department (department) of the Investigative Committee of Russia

It is important to understand that if the prosecutor recognizes the decision as legal, this does not deprive you of the right to file a similar complaint in court.

4.3 We will appeal the refusal to initiate a criminal case in court

The decision to refuse to initiate a criminal case is appealed to the district court at the place where the act containing elements of a crime was committed.

If the place of conduct of the preliminary investigation (i.e. its territoriality) is determined in accordance with parts 2–6 of Article 152 of the Code of Criminal Procedure of the Russian Federation, then the complaint is filed with the district court at the location of the body in charge of which the criminal case is pending (Part 1 Art. 125 of the Code of Criminal Procedure of the Russian Federation).

On the concept of “territoriality”, see our instructions “Where to Apply”.

For example, if a crime was started in one place and ended in another place, then the criminal case is investigated at the place where the crime ended, therefore, the complaint is filed with the district court at the location of the law enforcement agency.

Read our instructions for information on how to submit an application and what to do if it is not accepted.

The law allows you to file a complaint either directly to the court or through an inquiry officer, investigator, head of an investigative body or prosecutor (Part 2 of Article 125 of the Code of Criminal Procedure of the Russian Federation).

The term for consideration of the complaint by the court is no more than 5 days from the date of receipt of the complaint. After the court accepts your complaint, you must be summoned to the court hearing. In addition, consideration of a complaint about the refusal to initiate a criminal case in court takes place with the participation of the prosecutor, investigator, and head of the investigative body (Part 3 of Article 125 of the Code of Criminal Procedure of the Russian Federation).

You have the right to refuse to participate in the court hearing and petition for consideration of the complaint in your absence (Part 3 of Article 125 of the Code of Criminal Procedure of the Russian Federation).

Results of the complaint consideration

Based on the results of consideration of the complaint, the head of the investigative body, prosecutor or judge makes one of the following decisions:

• on recognizing the refusal to initiate a criminal case as illegal or unfounded, as well as on the obligation to eliminate violations of the law - this means that your arguments will be checked again, and perhaps additional verification actions will be carried out;
• about leaving your complaint without satisfaction. This decision can also be appealed in court.

How to write a statement to the police?

What to do if the police report is not accepted?

Sample act Sample application

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Question answer

Question: The police refused to initiate a criminal case, despite the fact that there was a violation of the law. There are suggestions that law enforcement officials entered into a conspiracy with the culprit. We plan to file a complaint against their actions with the prosecutor's office. Is it possible to draw it up yourself or, given the situation, is it better to use the help of a lawyer?

Answer: The document can be drawn up in free form, clearly and concisely setting out the circumstances of the incident. It is necessary to provide the details of the police officer who, in the applicant’s opinion, wrongfully refused to initiate a criminal case. It would not be superfluous to indicate the norms of the law that were violated during the performance of official duties. But if you are not sure that you can draw up the document correctly, it is better to use the help of a lawyer. This way you can save time and quickly achieve the opening of criminal proceedings (if there are appropriate grounds).

Question: A high-ranking law enforcement official is a relative of the suspect. As a result, data is falsified, documents disappear, and then the investigator who conducted the initial investigation does not come to court (as it turned out, he suddenly went on vacation). It seems like everyone is tied up. How to act in such a situation?

Answer: The problem can only be solved with the support of the supervisory authority. In such a situation, it is necessary to file a complaint with the Prosecutor's Office. If the document is drawn up correctly, it will be used as the basis for a prosecutorial audit. Additionally, you should file a statement about the crime (Article 286 of the Criminal Code of the Russian Federation).

Question: A complaint was filed with the prosecutor's office against law enforcement officers. The reason is improper performance of one’s duties (refusal to initiate a case for an administrative offense). But the document was drawn up with errors and was returned to the applicant (the details of the police officer were not indicated). In this case, is it possible to file a second complaint, correcting all the shortcomings, or can this opportunity be used only once?

Answer: A citizen has the right to draw up a new document and re-apply to the Prosecutor's Office. But it is important to make all the necessary corrections for the complaint to be accepted for consideration.

Question: Is it possible to complain to the prosecutor's office about moral pressure from a law enforcement officer? How realistic is it to bring him to justice in the absence of evidence? Previously, a complaint against the employee was filed with his boss, but he did not see anything illegal in his actions.

Answer: Without evidence, it will not be easy to punish the violator. In any case, the situation is ambiguous. On the one hand, such a statement can be interpreted as providing deliberately false information. And for this you can be punished as provided by law. On the other hand, if it turns out that this is not the first application for the same employee, the supervisory authority may be interested in his work methods.

Question: The department refuses to accept a statement about a crime. The reason is the lack of compelling reasons. But the injured party does not agree with this decision. What to do in such a situation?

Answer: If victims are sure that their demands are legitimate, they can contact the prosecutor's office. But first it is better to consult a lawyer. Perhaps the police are acting within the framework of current legislation and the refusal is legal.