How to write a complaint against the police

The activities, rights and responsibilities of the police are strictly regulated in the Federal Law “On the Police” No. 3-FZ. And it will be useful for ordinary citizens to familiarize themselves with its provisions, since sometimes only from them can one find out what the behavior of a police officer and higher officials should actually be when performing their work duties. Violence, insults (write a complaint about insults), inaction, abuse of power and non-compliance with regulations should not remain the norm for unscrupulous employees of the Ministry of Internal Affairs. After all, such a state of affairs is unlawful not only in relation to citizens, but also to other defenders of law and order, whose honesty and justice are questioned by default.

Citizens can combat police violations by filing a complaint with specialized supervisory authorities and public organizations.

Compilation

The specifics of writing a complaint against the police depend on the recipient authority, but in general they all have a common structure and features.

The appeal can be divided into four blocks, each of which carries certain information:

Introductory - information about the addressee (full name of the body or full name of the official, location of the institution) and addressee (full name, residential address and contact details).
Descriptive - the subject of the complaint is disclosed with a mention of the allegedly guilty (indicate their full name, position and place of service), the essence and circumstances of the offense they committed.
Petitionary - a clearly formulated request of the applicant, supported by excerpts from the law, is expressed (to take appropriate measures, stop unlawful actions, pay compensation and/or bring the perpetrators to justice, etc.).
Attachments—the block contains a list of documents attached to the complaint (mainly evidence of violations).

Between the introductory and descriptive blocks, “Complaint” should be written, preferably with a short indication of its subject, for example, “about the inaction of a police officer, full name.”
It is preferable to adhere to the described requirements when writing an appeal to higher authorities or supervisory authorities. If it is sent to the boss of a “distinguished” employee within the same OP, then filling out the application can be easier. Two blocks are enough - introductory and main, in which you outline the situation that happened and ask for its resolution.

Applications are not accepted or considered:

anonymous;
containing deliberately false data;
written with significant errors that make it difficult to understand its essence;
insulting the honor and dignity of the recipient, threatening the life and health of him and his loved ones;
duplicated (already filed by this citizen for the same offense).

Sample of a written complaint about the inaction of a police officer:

Where to turn when faced with police brutality | Edges of law

Hello, in this article we will try to answer the question “Where to turn when faced with police lawlessness.” You can also consult with lawyers online for free directly on the website.

If you consider the actions of the police against you to be unlawful, it is best to appeal them without delay. The sooner you contact the Moscow City Internal Affairs Directorate for Internal Security, the faster its employees will be able to stop their unruly colleagues.

I will not go into the reasons for such a disastrous, shameful state of this problem in our country. This volume is not for a newspaper article. In 2010, I completed a multi-volume scientific analytical work on this problem, which I had been studying for more than 25 years.

And in the most concise form, with conclusions and proposals for ways out of this legal catastrophe, I sent it to Russian President Dmitry Medvedev. A month later I received a joyful response that a decision had been made to radically reform the Ministry of Internal Affairs.

As a result, the wrong people were fired from the system, and Minister Kolokoltsev, who replaced Nurgaliev, began to recruit those who had been fired into the system. And all the steam of the presidential reform went into the police whistle, which, as a result of the reform, has now become known as a police officer, costing many billions of expenses from our pockets.

The detection rate of crimes by the police is also far from 100%, and the police do not always show concern for bringing this or that situation into compliance with the law. In this case, the reason for the complaint is inaction.

Frequent reasons for writing complaints

It is very bitter to realize how difficult it is for an honest person to achieve justice and defend his civil rights.

And now for more than a year, I have not been able to achieve legality, no matter where I have applied with a request to sort out the situation, but from everywhere I receive only unsubscribes, or they take me down to the local level and those I am complaining about are sorted out.

The story is this: on March 31, 2014, I was at home alone with young children - a 7-year-old son and a 4-year-old daughter.

If previous measures did not produce results, or a person for some reason decided not to contact the authorities described above, he can file a complaint against the actions of police officers with the Internal Security Department (Internal Security Department). This body was specially created in order to bring to light law enforcement agencies that have somehow sullied their reputation. For example, they were convicted of corruption or other illegal actions.

Not all Russians know the answer to this question, so in such a situation it is best to seek help from experienced lawyers. Only competent specialists know the legal norms and will help you circumvent its pitfalls.

If necessary, legal experts will provide a sample application to the police, provide a hotline number, and explain to citizens their rights and responsibilities. Many are afraid to write complaints about the inaction or illegal actions of the police, thinking that they will not be able to achieve justice.

Since the legality of the actions of police officers is of public importance, it would not hurt to also contact the Internal Security Department of the Central Internal Affairs Directorate. So in the USB of the city.

Moscow has been allocated special telephone numbers for calls regarding corruption (hotline) and for reporting all other violations.

If these numbers are not available at a particular moment, you can call 02 or 112, asking to record the fact of the call.

Coming to the attention of the police is an unpleasant situation in itself. But if, in addition, law enforcement officers behave boorishly, extort money, or somehow exceed their official authority, communicating with them can become a real nightmare.

If such restoration of justice does not suit you, you need to contact authorities at a higher level of the internal hierarchy.

Citizens feel their defenselessness and potential guilt simply at the level of a reflex.

Develop respect for your person, as well as an understanding that the policeman on the street works for your money and protects your interests, protects your rights and freedoms!!! It is you, the People, who are the constitutional power with the rights to control how this policeman does his job, for which you pay him, and to the Minister of the Ministry of Internal Affairs and the President of the Russian Federation.

Law enforcement agencies are obliged to protect the rights and peace of Russian citizens. Unfortunately, police officers do not always perform their duties efficiently and reliably. Police misconduct has become the norm today.

Representatives of the law enforcement system violate the rules for detaining criminals, cover up for criminals, participate in corruption schemes, etc. Only a statement or complaint to the competent structures and organizations can stop this arbitrariness. Where and to whom can citizens complain about illegal actions of police officers or their inaction in illegal situations?

How to protect yourself from police brutality

Almost half of them have a human rights focus.

The most widespread and popular organizations in the human rights sector: “All-Russian Union of Human Rights Defenders”, “Federal Committee for Combating Corruption in High Echelons of Government”, “Federation for the Protection of Entrepreneurs”, “Federal Committee for the Protection of Constitutional Rights of Citizens”, “Federal Committee for Control, the fight against corruption and terrorism”, “All-Russian Union for the Protection of Students”. Most of the listed organizations have special departments to monitor compliance by police officers with the Laws. But there is so much lawlessness and arbitrariness in the police structures that we were forced to create the “Committee for the Protection of Citizens from Police Arbitrariness.”

In fact, it is possible to defend your constitutional rights and interests, and with professional legal support, this is quite easy to do. On our portal, legal services are available online and by telephone. Experts will remotely study the issue and promptly provide an individual solution to the problem, which will save time, effort and nerves of applicants.

Police officers are officials who work according to certain standards, therefore Russian legislation provides for measures aimed at protecting citizens from the arbitrariness of the police. It happens that the actions of a police officer are associated with extortion, which also clearly does not comply with the law.

As already stated, lawbreaking police chiefs can cover up for their negligent officers. To prevent even the chance of such an outcome, the injured party can immediately contact the Ministry of Internal Affairs (Ministry of Internal Affairs of Russia), which is higher than the police departments. But you need to contact the local authority.

That is, you need to find out which agency of the Ministry of Internal Affairs is responsible for your area.

Misconduct by police officers

If the telephone numbers of the Internal Security Department are not at hand, you just need to call 02. When contacting 02 or the CSS, immediately request that your call be recorded.

During the telephone conversation, you need to provide information about yourself, leave contact numbers and tell the CSS officer in detail exactly what incorrect actions of the law enforcement officers forced you to file a complaint against the police.

According to federal legislation, in particular the Code of Criminal Procedure, illegal inaction of police officers is subject to appeal and is punishable.

I made a request to the Oryol Regional Court and received an answer (dated June 24, 2014) that this decision was not made against me. If in the actions of law enforcement agencies you encountered similar facts that constitute a gross violation, you can exercise your right and write a complaint to police inaction or misconduct.

Where and to whom can you complain about the police?

References to the insufficiency of evidence presented by the applicant, on whom the burden of proof lies, is, in fact, the inaction of the law enforcement officers themselves.

The Prosecutor's Office of the Russian Federation, the Investigative Committee of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation do not find any violations and believe that the police carried out an operational search activity "Inspection of premises, buildings, structures, areas of terrain and vehicles" was carried out according to resolution No. 300 of March 31, 2014 of the Oryol Regional Court and They claim that a search report was drawn up, in which I allegedly signed. Everything is in accordance with current legislation!

According to Art. 125 of the Code of Criminal Procedure of the Russian Federation, the refusal of the police to initiate a criminal case or take measures against the accused is subject to appeal to the district court (based on territorial affiliation). You can also report illegal actions there.

Almost 60% of the 850 complaints complained about police brutality.

The remaining complaints are about arbitrariness, lawlessness and lack of action by investigators, prosecutors, courts, bailiffs, employees of the penal system, and to a lesser extent FSB employees.

Police officers are officials. And therefore they must answer according to the law and extremely strictly. Therefore, complaints can only be filed with law enforcement agencies. When thinking about where to go in Moscow with a complaint against the police, you need to take into account that there are several ways to solve the problem.

In the Russian Federation there is such a structure as the Internal Security Directorate (USB). This is where it is most effective to write a sample complaint against the police, the inaction of law enforcement agencies and their corrupt activities.

It is important to note that the sooner you decide to write a statement, the more effective the result of the complaint will be.

Since the legality of the actions of police officers is of public importance, it would not hurt to also contact the Internal Security Department of the Central Internal Affairs Directorate. So in the USB of the city.

Moscow has been allocated special telephone numbers for calls regarding corruption (hotline) and for reporting all other violations.

If these numbers are not available at a particular moment, you can call 02 or 112, asking to record the fact of the call. In this case, you must provide your information.

Zakharov Nikolai Ivanovich, a resident of Uspenye, Krasnozorensky district, Oryol region, is a teacher. It is very bitter to realize how difficult it is for an honest person to achieve justice and defend his civil rights.

Where to complain about the actions of police and traffic police officers

PP (Krasnozorensky) of the Ministry of Internal Affairs of the Russian Federation “Verkhovsky” (seven people in civilian clothes), read me a “fake” search warrant, which had signs of forgery and the absence of a court seal, forced me to sign on the back of this sheet, they did not give me a copy of the resolution , they didn’t draw up a protocol, they didn’t explain my rights, the search was carried out in the absence of a criminal case against me, during the search they behaved arrogantly and aggressively, when I got in their way they simply pushed me. Not finding anything prohibited in my house, they left laughing, leaving dirt and disorder in the house, turning over the contents in the closets, the children were scared, they woke up at night and cried.

This, of course, is not the most standard way to complain, but given that all such conversations are recorded, such a complaint can be equated to a written one. You need to contact the prosecutor's office and write a detailed statement. And your situation will be considered. I applied, wrote a statement, and my daughter-in-law, an investigator, helped me draft it correctly.

Sample for writing an application

There shouldn't be any other result. After all, the head of a sage is decorated with intelligence, and the absence of such in powerful persons is always replaced by crowns and cockades.

And the worst thing is that, not having enough of their own, they do not use the intelligence and experience of others. The first place to call if the police exceed their powers is the prosecutor's office.

The task of this body is to help in all cases that violate the rights of citizens. Moreover, even if the police violate your rights, the prosecutor’s office can protect you.

You can contact the CSS in writing by submitting a sample application, as well as by calling the hotline. Oral statements ensure effective investigations and prosecution of those responsible. CSS hotline in Moscow - (495)-255-96-57. Residents of the Moscow region should call (499)-317-24-66. Other Russian citizens have access to the hotline (495)-667-07-30.

However, the most effective way to hold police officers accountable is a written complaint to the CSS. In order for this weapon to hit the target accurately, the paper must be drawn up correctly.

Source: https://happytours29.ru/byudzhetnoe-pravo/1655-kuda-obrashhatsya-kogda-stolknulsya-s-bespredelom-policii.html

Procedure and direction of appeal

According to Art. 53 Federal Law No. 3-FZ, improper performance of the duties of a police officer can be appealed to the following authorities:

superior official or body;
prosecutor's office;
civil court.

In this case, you can send a notice of an offense to several places at once or in order - from the employee’s managers to the court. To better understand who to complain to and in what order, it is recommended to familiarize yourself with the hierarchy of structural units of the government agency (from lower to higher):

OP (police department).
DMIA (branch of the Ministry of Internal Affairs) of a district or small city.
Department of the Ministry of Internal Affairs (administration of the Ministry of Internal Affairs) of a constituent entity of the Russian Federation or its unit.
Main Directorate of the Ministry of Internal Affairs (main department of the Ministry of Internal Affairs) of a constituent entity of the Russian Federation.
GUSB (main department of internal security of the Ministry of Internal Affairs), GUT (main department of transport of the Ministry of Internal Affairs).
Ministry of Internal Affairs.

Control and supervision of police activities is also carried out by the state and the public:

Government of the Russian Federation.
The president.
Public councils under the Ministry of Internal Affairs.
Public Chamber.

In practice, advantages have been noted in considering complaints sent simultaneously to several of the above addressees. This should be indicated in the “header” of the appeal: after the basic information about the recipient and sender, under the mark “copy”, list the other authorities notified of this violation.

In addition, you can protect yourself by contacting the Human Rights Council under the President of the Russian Federation and the Commissioner for Human Rights.

What responsibility does a police officer bear when exceeding his authority?

Malfeasance by police officers is considered a serious offense. They can get you a real prison sentence.

The following penalties are provided for abuse of official powers by a police officer:

fine up to 80 thousand rubles;
removal from office or ban on working in government agencies for up to 5 years;
forced labor for up to 4 years;
arrest for up to six months;
imprisonment for up to 4 years.

What does a police officer face for exceeding his official powers if there are aggravating factors? If a law enforcement officer used violence, threatened the victim, used a weapon, or caused serious harm to the victims, he could receive a prison sentence of 3 to 10 years. Additionally, the court deprives the perpetrators of the right to work in the police for 3 years or less.

Territorial bodies of the Ministry of Internal Affairs

If the subject of the appeal is the unlawful behavior of the chief or the entire police department, then you should contact higher structural elements: the Department of Internal Affairs, the Department of the Ministry of Internal Affairs, the Main Directorate of the Ministry of Internal Affairs or the State Department of Internal Affairs (for a statement about a police offense in transport).

This can be done by visiting the office in person or by mail. In the latter case, it is better to issue a letter with acknowledgment of delivery - this significantly reduces the likelihood of it being completely ignored by the authorities. But even if this happens, the sender will be able to prove that they received the complaint.

The addresses of departments and departments can be found on the official website of the Ministry - MIA.RF. On its main page in the upper right corner you need to find “Ministry of Internal Affairs in the regions” and, using a map or list, select the appropriate Federal District or Transport Administration, and then its territorial division. Next, the website of the Department or the Main Directorate of the Ministry in the subject opens.

On the official portal of the selected territorial body, it is possible to familiarize yourself with the location and telephone numbers of subordinate departments of internal affairs and OP in the “Structure” section or send a complaint through the service for receiving complaints. When choosing the last option, a standard electronic form will open in front of the applicant, in the fields of which you will need to enter:

personal and contact information;
Full name and position of the addressee;
places of preliminary appeal on this issue;
essence of the incident.

Causes

The reasons for filing a complaint against a police officer can be either the overzealous actions of the police officer or his inaction . Here are some of the most common ones:

rude attitude - when stopped on the street, they demand to show documents, while speaking in a rude manner;
search of personal and personal belongings for no apparent reason;
detention for an indefinite period and release without drawing up a protocol;
detention for 48 hours without justification also violates human rights;
when detained overnight without providing conditions of detention, such as a room of 4 square meters. m, bed linen and food is considered a gross violation of rights;
beatings by police officers;
inaction in life-threatening situations for citizens;
ignoring verbal allegations of wrongdoing;
failure to act on an application or complaint;
failure to provide the right to make a telephone call;
extortion of a bribe.

You should not think that the situation in which the victim finds himself is too frivolous to file a complaint for violations of rights. Even if the victim does not receive compensation for damages in monetary or emotional terms, his complaint will necessarily entail a review of the police officer's suitability for his position .

GUSB

The Main Directorate of Internal Security combats corruption in the system of the Ministry of Internal Affairs of Russia and receives notifications of employee offenses around the clock in oral, written and electronic format.

An oral or written complaint is submitted:

To the GUSB unit under the Ministry of Internal Affairs or the Main Directorate of the Ministry of Internal Affairs (pay attention to the contact details of territorial authorities - https://mvd.ru/contacts/sites).
To the duty officer of the State Security Service.
Via the hotline.
To the postal address of GUSB - 115054, Moscow, st. Bolshaya Pionerskaya, 6/8.

To send an appeal electronically, you must:

Follow the link https://mvd.ru/request_main.
Select “Main Directorate of Internal Security”.
Click “Continue” at the very bottom of the list of departments.
Read the information provided and click “Submit an appeal.”
Fill out the standard electronic form and, if possible, attach files with evidence.
Send.

No pre-registration is required for any application.

Where to turn when faced with police brutality

Assess the situation adequately, especially if it happens in a deserted place and a person in uniform behaves aggressively.

Do not perform demonstrative actions, call as soon as the opportunity arises, even after the fact. It is worth having the number of your local home security department with you.

For example, the number of the State Security Service of the Ministry of Internal Affairs of Russia. It is unlikely that employees of the internal security department will rush to your rescue, but the call will in any case trigger an inspection. At the same time, one call will not be enough.

What should victims of police brutality do?

- you need to know the laws, remember that if you are detained until your identity is clarified, you do not have the right to detain you for more than three hours; — it is very important to remain calm and not panic, so as not to arouse any further suspicion among the police; — you must ask the officers who detained you to notify your relatives and the defense representative about your whereabouts.

Ministry of Internal Affairs

The federal executive body of full power in the field of internal affairs, among other powers, carries out control and supervisory activities in relation to subordinate structures. You can complain to the Ministry of Internal Affairs in the following ways:

Visit a public reception according to your work schedule.
Send to postal address.
Call the hotline.
Contact via online service.
Write a complaint to the Minister of Internal Affairs

The public reception is located at Moscow, Sadovaya-Sukharevskaya street, building 11.

The management staff of the Ministry of Internal Affairs also receives citizens from 10:00 to 13:00, according to the schedule presented at the link https://mvd.ru/contacts/help/Grafik_priema_grazhdan.

Written complaints are sent by mail or in person through the letter box in the administrative building of the Ministry - 119991, Moscow, st. Zhitnaya, 16.

Hotline telephone number for notifications of violations. Calls are accepted around the clock and all messages received are subject to mandatory registration.

Submission of an application through the online service is carried out through the official portal of the Ministry, following the link https://mvd.ru/request_main. The algorithm of actions is identical to filing an electronic complaint from the State Security Service, with the exception of the second point, where you will need to select the first position from the list - “Ministry of Internal Affairs of the Russian Federation.”

Prosecutor's office

The Prosecutor's Office exercises state supervision and control over compliance with legislative norms and the Constitution of the Russian Federation on the territory of the state, in particular over the legality of actions (inactions) of the entire structure of the Ministry of Internal Affairs, including the Ministry itself.

You can file a complaint against the police, starting with the district and ending with the Prosecutor General's Office of the Russian Federation.

The structure, subordination and addresses of territorial state supervision bodies can be found in the “Prosecutor’s Offices of Subjects” section of the official website of the General Prosecutor’s Office - https://www.genproc.gov.ru (select the Federal District, subject and go to the department’s portal).

Written notifications of police offenses to the Prosecutor General's Office are sent to:

By mail - GSP-3, 125993, Moscow, Bolshaya Dmitrovka St., 15a.
When visiting a public reception - Moscow, Blagoveshchensky lane, 10, according to the work schedule: on weekdays - from 9:00 to 18:00 (Friday - until 16:45), except for breaks (from 13:00 to 13:45).*

* - you can make an appointment from 9:00 to 17:00 on weekdays and from 9:00 to 15:45 on Friday.

An electronic appeal is made at https://ipriem.genproc.gov.ru/contacts/ipriem/send/:

Step 1. Decide on the type and type of complaint, indicate your full name and location of the violation.

Step 2. Leave your contact information and indicate your preferred method of receiving a response.

Step 3. Select the direction of the complaint, for example, “On issues of investigation and inquiry, including the refusal to initiate a criminal case.”

Selecting the type and type of complaint Entering contact information Selecting the direction of the complaint

Court

A statement of claim for offenses committed by police officers or officials is filed with the district court at the location of the OP or other appealed structural unit of the Ministry of Internal Affairs.

If the outcome of the proceedings is unsatisfactory and if there are compelling arguments, an application for an appeal of the decision that has not entered into force may be filed for consideration by a higher court. What follows is a cassation appeal and a complaint to the Supreme Court of the Russian Federation.

The court, based on irrefutable evidence of unlawful action (inaction) of the police, finds the defendant guilty and imposes penalties, and, if there are appropriate requirements, awards compensation to the plaintiff.

What is the review time frame?

Complaints to all authorities must be considered no more than 30 calendar days in advance. At the end of this period, a review response will be sent to the sender. The delivery option depends on the contact information provided: by post or by email.

It is necessary to complain to higher authorities about unlawful actions of police officers, as well as their inaction. You should start by contacting the police officer’s immediate superiors. If it cannot resolve the conflict, then it is necessary to submit a written complaint to the prosecutor’s office, court, CSS, council of the Ministry of Internal Affairs or other public organization.

Did not find an answer to your question? Call a lawyer! Moscow: +7 (499) 755-83-41 St. Petersburg: +7 (812) 917-23-31

Public Chamber of the Russian Federation

OPRF is authorized to exercise public supervision over the functioning of Federal, regional and municipal executive authorities in accordance with Art. 50 Federal Law No. 3-FZ and clause 4 of Art. 2 Federal Law No. 32-FZ.

Citizens have the right to complain about police misconduct in several ways:

By mail or in person at the address - 125993, Moscow, GSP-3, Miusskaya square, 7, building 1.
Via the online reception - https://eis.oprf.ru/send/treatment by filling out the form*

* - do not use the Latin alphabet, only uppercase or lowercase letters, avoid jargon and obscene language.

Human Rights Council under the President of the Russian Federation

HRC contacts:

Postal address: 103132, Russia, Moscow, Old Square, building 4.
Phone for information .

According to paragraph 5 of Decree of the President of the Russian Federation No. 120, the Human Rights Council does not consider personal complaints. But one of his powers is to promote the processes of humanization and modernization of Russian society, ensuring the rights and freedoms of citizens, and making relevant proposals to the President of the Russian Federation.

An appeal to the HRC will add credibility to the statement (if this authority is indicated on copies addressed to law enforcement agencies) and, perhaps, will become the reason for the development of proposals to resolve this state of affairs in general.