Sample complaint against a prosecutor to a higher prosecutor: sample, requirements, procedure for drawing up and form

• January 2, 2021
• Legislation
• Natalia Kalinichenko

Any citizen of the country, as well as legal entities, have the right to protection if their legitimate interests are violated. The functions of exercising control over all government bodies and institutions are assigned to the prosecutor's office. This is where citizens should turn if their rights are violated.

If this body does not respond to the applicant’s appeal, then you can always file a complaint with a higher prosecutor about the inaction of the prosecutor’s office. A sample of this document is given in our article. This right is provided for by Federal Law No. 2202-1 of January 17, 1992, as well as by Order of the Prosecutor General’s Office of Russia No. 45 of January 30, 2013. When accepting appeals, authorized employees of the prosecutor's office are also guided by the requirements of Federal Law No. 59 of May 2, 2006.

Let's look at what a sample complaint against a prosecutor to a higher prosecutor looks like. It is advisable to study the sample carefully in order to draw up the document correctly.

Authority

It is recommended to file a complaint against a prosecutor with a superior prosecutor after familiarizing yourself with the legislation regulating the powers of these officials. It is necessary to understand that they do not consider all conflicts that have arisen between legal representatives and the applicant. The prosecutor has the right to the following actions:

• exercising supervision over the correct implementation of the requirements of current legislation;
• appealing legal acts that contradict the law;
• initiation of administrative cases;
• control over the observance of freedoms and rights of citizens;
• exercising supervision over the activities of bailiffs;
• consideration of applications and protection of the rights of victims;
• representing the interests of individuals in civil proceedings;
• initiation of proceedings on administrative violations;
• control over compliance with legal requirements by law enforcement officials;
• carrying out an audit of places of detention of prisoners;
• conducting fact checks when receiving complaints from citizens about the actions or inactions of law enforcement officials.

The prosecutor also supervises the execution of sentences.

Area of ​​responsibility of the prosecutor's office

The prosecutor's office is a government body that oversees compliance with adopted legislation on the territory of our country. As part of their activities, employees of this department adhere to a number of laws, the key of which is Federal Law No. 2202-1 “On the Prosecutor’s Office of the Russian Federation.”

The law establishes the main responsibilities of department employees:

• monitoring compliance with legal requirements by executive authorities, law enforcement agencies and legal entities;
• monitoring compliance with all rights and freedoms of a citizen enshrined in the Constitution of the Russian Federation, especially when carrying out operational and investigative activities with his participation;
• consideration of citizens' complaints in case of violation of their rights.

In addition to their duties, like any government officials, prosecutors have a number of prohibitions. This is, first of all, a ban on participation in corruption schemes. Also, department employees are limited in running a business and other ways of generating additional income. This is done to eliminate situations of conflict of interest and abuse of official position.

In addition, prosecutors are prohibited from disclosing confidential or proprietary information or opening foreign accounts. There is also a limitation on the representation of third parties in the event of substitution. For improper performance of his work duties, an employee of the prosecutor's office may be subject to disciplinary liability.

The hierarchy of the prosecutor's office is quite simple. The city prosecutor's office (if there is one in your city) is subordinate to the district, and that, in turn, is subordinate to the regional one. At the same time, in small settlements there may not be their own body, and then the first level will be the district one. The regional prosecutor's office is subordinate to the general prosecutor's office, and this is an independent authority. The Prosecutor General is appointed by the President. The hierarchy should be known and observed when filing a complaint, otherwise the prosecutor's office to which it was received will return it to the correct authority, which will delay the consideration.

When can you contact your superiors?

If the prosecutor considering the case fails to act or makes decisions that give reason to believe that the guaranteed rights of the applicant will be harmed, then the latter has the right to appeal to higher authorities.

In fact, seeking help to restore justice is allowed in any situation. This may be a failure by the prosecutor to fulfill his immediate duties or a violation of the rights of a citizen in custody. At the same time, the appeal is not a basis for refusal to protect rights in court.

Any applicant must remember that it is possible to appeal against the actions or inaction of the prosecutor only if there is absolute confidence that he is right. It should be remembered that Art. 306 of the Criminal Code provides for liability for false denunciation.

Complaint against the prosecutor's office to a higher prosecutor's office

If you are not satisfied with the outcome of the consideration of the issue, you will not be able to file an appeal directly to the court. You need to act in a hierarchical order. The document must be filled out in writing or on a computer; it can be submitted by registered mail, in person during the reception of citizens, or in electronic format. Such an official document can be sent by both an individual and an organization, an individual entrepreneur when considering a criminal or administrative case.

If the prosecutor's office is inactive, where to turn next? After going through all the authorities in this supervisory body, you can write an application to the court, and indicate that you have previously tried to resolve the issue in the order of hierarchy.

Common Causes

Most often there are complaints to a higher prosecutor about the prosecutor's inaction. This means that the official delays the deadlines provided for by law and does not carry out actions that need to be carried out in accordance with the requirements of regulations. However, there are no obvious reasons for the delay.

The second common reason is an unfounded refusal to accept a complaint. For such an action there must be grounds with reference to articles of law.

The third reason is violation of rights. When contacting the prosecutor's office, each applicant expects practical results. The person assumes that violators will be held accountable. But if this does not happen, then you will have to appeal the actions of the prosecutor. This category may include neglect of official duties, corruption, and extortion.

Types of violations

The work of the prosecutor is primarily based on supervision of:

• execution of legislation (including the right to appeal certain legal acts);
• respect for human rights and freedoms (including the ability to represent the interests of victims in court);
• quality of work of law enforcement agencies (including compliance with the requirements of criminal procedural legislation);
• correct implementation of laws in the field of execution of punishments.

Based on this, the main reasons for complaining about the work of the prosecutor’s office include the lack of this supervision, that is, failure to fulfill the official tasks assigned to the prosecutor. Most often, complaints arise against the backdrop of inaction by prosecutors: the application has not been accepted, there is no response to it, the deadlines for consideration have been violated, and so on.

Sometimes citizens are forced to complain about the prosecutor's office by the low moral qualities of the department's employees. We are talking about prosecutors who abuse their official position, extort money and demand bribes for performing their direct duties.

Where to contact

If there are violations on the part of an administrative employee of a district or city, then a complaint against the actions (inaction) of the prosecutor is submitted to the prosecutor's office of the constituent entity of the Russian Federation. The website of this body provides the opportunity to apply online.

If the responsible employees of the constituent entity of the Russian Federation did not help or refused, then the applicant has the right to file a complaint with the Prosecutor General's Office of the Russian Federation. However, you can appeal to this body only when all lower-level prosecutors have examined the complaint, but the applicant is not satisfied with the results.

The next authority where a complaint about the inaction of the prosecutor's office can be filed is the investigative committee. This body is called upon to investigate crimes committed. Unauthorized actions of employees of the prosecutor's office also apply to them.

The Administration of the President of the Russian Federation considers complaints against the Prosecutor General. This official is also obliged to act within the law.

The court has the right to consider complaints against the actions (or inaction) of prosecutors, based on Art. 125-125.1 Code of Criminal Procedure and Chapter 22 of the Code of Accreditation.

Comments: 44

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Julia
   03/01/2022 at 20:02 Hello, the bailiff has not been doing anything for a year, he is not looking for the debtor, he is not answering the phone, please tell me which court he will apply to the world or district court???
   Reply ↓ Anna Popovich
   03/03/2022 at 01:20

   Dear Yulia, the law allows you to appeal the bailiff’s decision in the order of subordination or challenge it in court. Both of these methods can be used in parallel or sequentially if the complaint in the order of subordination does not bring the desired result. Therefore, we recommend that you first contact the FSSP.

   Reply ↓

   Read also:  Crime by negligence: articles of the Criminal Code of the Russian Federation. Examples from life

General requirements for application

It is very important to know how to draw up a document correctly. To a large extent, his future fate depends on this. In this case, it is advisable to use the sample complaint against the prosecutor to a higher prosecutor. Samples of document preparation are provided in this article.

You can contact senior management in any situation if state laws are violated. It is possible to file a complaint even in the event of a violation or infringement of the rights of third parties. The applicant can be not only a citizen or an enterprise, but also a workforce or representatives of a public organization.

The applicant has the right to apply in any convenient form, but the most effective way remains the written version. In the latter case, the document must be submitted in two copies, one of which must be marked as received.

Writing rules

There are many options for sample complaints against a prosecutor to a higher prosecutor. A sample taking into account the specific situation that has arisen (infringement of rights, violation of the law, and so on) can be found on the official website of the authorities that deal with cases of this kind. However, there is no clearly regulated form of complaint. The main thing is to follow certain rules that are accepted in business correspondence when drawing up an appeal.

The complaint must contain the following information:

1. The name of the body where it is submitted. Otherwise it will not be considered.
2. Information about the applicant, including address and telephone number.
3. At the end of the application, a signature and the date of drawing up the document must be placed.

No emotions should be present in the text. It is necessary to indicate only dry facts, supported by excerpts from current legislation. Any unconfirmed information may cause refusal of consideration. Profanity is strictly prohibited, as is slang.

Required sections

Despite the huge number of samples of complaints against a prosecutor to a higher prosecutor (a sample document drafting is also offered in our article), the text must necessarily have the following sections:

1. Description of the facts of what happened.
2. Explanatory part with links to regulations. It is desirable that facts be indicated that provide an understanding that the actions of the prosecutor contradict the requirements of the law or violate constitutional rights.
3. A direct request, that is, what the applicant wants to receive in the end (bringing an official to justice or suppressing illegal actions).

An appeal will not be considered if it follows that the applicant is trying to interfere in the investigation of a criminal case or in the supervisory functions of the prosecutor.

The applicant has the right to attach to the complaint any documents that can confirm the facts stated in the text. The annexes must contain a copy of the previous court decision (if one was made).

How to write an application, form and content, sample

In order for the document to be accepted and your chances of a positive response to increase, you will need to draft it correctly. There is no exact form of official paper, but there are certain standards. The complaint states the following:

• The name of the authority (for example, the Moscow City Prosecutor's Office).
• Applicant's details, address at which he is registered, contact telephone number.
• The circumstances of the incident indicating the full name of the official who violated your rights.
• The essence of the complaint is a violation.
• Request. This may include conducting an extraordinary inspection and eliminating violations of your rights. They are indicated separately, after the word “Please”, in a list.
• A list of documentation that serves as evidence of a violation of the law.
• Date and signature.

It is advisable to indicate in the document links to legal acts regulating these legal relations. State your complaint in formal language, without colloquial or lengthy expressions. Obscene words and threats are not allowed. If you find it difficult to write an appeal yourself, contact a lawyer who will help you draw up a document in accordance with all the rules.

The application must contain attachments that serve as evidence in the case. This can be photos and videos (filming of an on-site inspection), a copy of the act adopted by the lower-ranking prosecutor.

Submission methods

A complaint against a prosecutor to a higher prosecutor (a sample of this document is given in the article) can be filed in several ways:

1. Contacting the prosecutor's office (through the office). Registration of the document must be carried out within 3 days from the date of submission.
2. By post with acknowledgment of receipt and preferably with a list of enclosed documents. However, in this case you should not count on fast delivery or a quick consideration of the complaint.
3. Using the appeal box, which is available at every government agency. Removal of letters should be carried out at least once a day.
4. Orally, by calling the hotline of the prosecutor's office. As practice shows, this is the least effective method.

There is also the option of submitting a complaint online. On the website of the prosecutor's office there is a section “Internet reception”, where there are subsections that allow you to select the authority where you need to contact. The Gosuslugi portal also provides the opportunity to send an appeal.

Deadlines

A complaint against the response of the prosecutor's office to a higher prosecutor, a sample of which is presented below, must be considered within no more than 30 days. This is provided for by the requirements of Art. 5 Order of the Prosecutor General's Office dated January 30, 2013. This procedure applies to all citizens’ appeals (not just complaints about the prosecutor’s response).

The countdown provided for in the instructions begins from the moment the request is registered. If additional verification of the information contained in the complaint is not required, the review period is reduced by half and is 15 days.

The instructions also provide for shorter deadlines if the case requires an immediate response from a higher authority. In this case, the response must be prepared and sent to the applicant within 3 to 10 days. If a person makes a mistake and sends an appeal to the wrong address, then such a document is not returned, but is redirected to the correct recipient. The prosecutor's office must do this within 7 days of receiving the complaint.

In difficult situations, when additional verification or clarification of facts is required, the review period may be extended, but not more than 30 days.

Right to anonymity

There are situations when people write a complaint to a higher prosecutor against the prosecutor’s decision. In the sample of this document (as well as other forms of application) there are columns in which you need to indicate information about the applicant. In fact, the law does not allow the submission of an anonymous complaint to the prosecutor's office. But there is one exception.

The prosecutor's office is obliged to consider an anonymous appeal if the text contains information about an impending crime. If the applicant is concerned about the consequences, he can indicate his personal data, but put a mark that he does not want to make information about himself public.

When can a refusal occur?

We indicated above that a citizen can write a complaint against the prosecutor’s response. An example of it is given in the text. Complaints against a prosecutor's decision to a higher prosecutor are drawn up in exactly the same way. They are not always considered. The most common reasons for refusal include:

1. The applicant's handwriting is so unclear that it is impossible to read the text. The refusal in this case must be sent within 7 days from the date of registration of the application.
2. The complaint was submitted anonymously (except for the report of an impending crime).
3. The message contains profanity, insults, and threats.
4. They will not consider a complaint that is devoid of logic (it is impossible to understand from the text what demands are being made).
5. The applicant was declared legally incompetent due to mental illness.

The complaint will remain unanswered if its preparation requires the disclosure of state secrets.

Termination of correspondence

You need to know how to properly file a complaint against the prosecutor’s inaction. Even if all requirements are met, correspondence with the applicant may be stopped. This occurs if the appeal is sent again after it has been reviewed and a response has been provided. However, the second complaint does not contain new facts, information about the inaction or unlawful actions of the prosecutor.

Regarding the termination of correspondence, the higher authority must send a response to the applicant within 40 days from the date of registration of the appeal.

In what cases can you complain?

The prosecutor's office was created to protect the rights of citizens. Authority employees perform supervisory powers related to compliance with laws. Sometimes prosecutors themselves break the law. Then there is a need to write a complaint. The right to draw up an act arises:

• the law has been directly violated;
• in a criminal case, the prosecutor is inactive or violations related to the exercise of control over the investigative authorities are discovered;
• an unsubscribe was received in response to the request;
• employees abuse their powers;
• carrying out actions aimed at extortion;
• the man's statement was ignored.

In the above cases, you can file a complaint.