Procedure and time frame for consideration of a complaint by the prosecutor's office

All departments of the Prosecutor's Office of the Russian Federation have a uniform procedure for considering applications from both legal entities and individuals, which is established by law. There is also a deadline for conducting an inspection.

Any person has the right to contact the prosecutor's office if he believes that his rights have been violated in any way or that he may suffer in connection with certain activities of other persons. The Prosecutor's Office of the Russian Federation has obligations to monitor compliance with the law and eliminate violations that could lead to violation of the law.

To correctly draw up an application, you may need to consult a lawyer, which will help ensure a speedy study of the circumstances of the case and resolution of the current situation.

Let's consider the period for consideration of the complaint by the prosecutor's office.

Time limit for consideration of an application or complaint

Every citizen of the Russian Federation, a person who does not have citizenship, an official, a foreigner has the right to apply to the prosecutor's office of the Russian Federation and at the same time count on uniform terms and procedures for considering such an appeal. The application can be submitted either in writing or electronically.

Any appeal from a citizen, regardless of its essence and form, must be subject to preliminary consideration, after which one of the decisions listed below will be made, and the applicant will be notified of the result of the consideration.

There is a certain procedure and period for consideration of a complaint by the prosecutor's office.

What applications are submitted to the prosecutor's office?

There is no strict form of templates in which applications can be submitted, since such documentation is compiled and executed within the framework of a free official business style , in which there are no unnecessary emotions and epithets.

There is no need to use excessive legal terminology, legal norms or personal (subjective) assessment of the current circumstances. During the consideration of cases, errors and blots are not taken into account.

The application is drawn up within the framework of a free official business style, in which there are no unnecessary emotions and epithets

There are a huge number of causative factors based on which an interested party may file a complaint. The main points include the following:

delay of wages;
failure to provide the set of requested information from the government agency;
illegal acts of dismissal by superiors;
refusal to register with the civil registry office.

The complete complaint form must include several basic points:

name and address of the prosecutor's office;
surname, name, patronymic of the applicant, contact information about him (address, fax, tel.);
the reasons and circumstances in accordance with which the document is filed (this could be various unlawful actions on the part of potential defendants);
a list of the applicant’s demands (restoration of rights, suppression of further violations, etc.);
signature, date.

There are also a few points to keep in mind while drafting a legal paper:

in the last place, the consideration of insubstantial and voluminous letters is carried out : it is important that the document does not contain unnecessary and unnecessary information, “water”, and is drawn up factually and succinctly;
the requirements proposed by the applicant must be realistic and not taken from the head, since complaints in which there are too many “exorbitant” demands are not subject to consideration at all;
on the part of the applicant, the document must provide real evidence of the fact that his rights were violated: personal opinions and beliefs remain aside and are ignored by the employees of the body.

For 100% consideration of a complaint, its preparation must be carried out in accordance with the requirements of the instructions related to the procedure for citizens' appeals. Compliance with the norms of correspondence in a business tone also plays an important role: the text must be clear, relevant and reliable, contain evidence and a set of necessary details.

About the solution

In the considered application, one of the decisions approved in the special instructions will be made. And the applicant will be notified of the decision made. Applications can be made by:

forward to the jurisdiction or for consideration of a lower prosecutor's office;
fully or partially satisfy to protect the interests and legal rights of the person who applied;
clarify the factual requirements specified in the appeal;
reject if the requirements specified in the appeal are unfounded, if the inspection has refuted the facts of any violation of the law.

Urgently

Applications that require immediate action are reviewed without delay. It is possible to extend the period for consideration or resolution of appeals at the request of the prosecutor or his deputy no later than three days before the end of the control period for consideration.

What is the remaining period for consideration of a complaint by the prosecutor's office? Article 12 of Federal Law No. 59-FZ regulates these deadlines.

The deadlines for resolving appeals and considering applications that are taken under special control by the Prosecutor General’s Office are established in a separate manner. More about them later in the article.

Documentation

Documents regulating the time frame for considering a complaint in the prosecutor's office are the Federal Law, the Criminal Procedure Code, the Civil Code of the Russian Federation, the Instruction on the procedure for considering citizens' appeals.

The period allotted for consideration is counted only from the moment the application is registered in writing. Therefore, the best option for filing a complaint is to make an appointment in person, since if you drop the application in the receiving box or send it by mail, it may be registered a few days later.

The person making the application must be notified by the supervisory authorities of any delay and its reasons without fail. Applications written illegibly, repeated, anonymously and those in relation to which repeated checks have already been carried out, the results of which the applicant was notified, and in the new application there are no new facts, are not subject to consideration.

An applicant who, for any reason, is not satisfied with the result of the consideration of the application, has the right to make an appointment in person and explain the essence of the requirements orally.

The period for consideration of a complaint by the prosecutor's office depends on many factors.

Prosecutor's offices of districts and cities of Primorsky Krai:

OFFICE OF THE PROSECUTOR GENERAL OF THE RUSSIAN FEDERATION ORDER dated January 30, 2013 N 45 ON APPROVAL AND ENTRY INTO EFFECT OF INSTRUCTIONS

ABOUT THE PROCEDURE FOR CONSIDERATION OF APPLICATIONS AND RECEPTION OF CITIZENS IN THE BODIES

OFFICE OF THE PROSECUTOR OF THE RUSSIAN FEDERATION

In order to establish a uniform procedure for the consideration of applications and the organization of reception of citizens in the prosecutor's office of the Russian Federation, guided by Art. 17 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, I order:

1. Approve and put into effect the attached Instructions on the procedure for considering applications and receiving citizens in the prosecutor's office of the Russian Federation (hereinafter referred to as the Instructions).

2. Deputy Prosecutor Generals of the Russian Federation, heads of main departments, directorates and departments of the General Prosecutor's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities and districts, other territorial, equivalent military prosecutors and prosecutors of other specialized prosecutor's offices, organize the study of the Instructions by prosecutors and government civilians employees of the prosecutor's office of the Russian Federation.

3. Ensure consideration of applications and organization of reception of applicants in strict accordance with the requirements of the Constitution of the Russian Federation, Federal Law dated January 17, 1992 N 2202-1 “On the Prosecutor’s Office of the Russian Federation”, Federal Law dated May 2, 2006 N 59-FZ “On the procedure for considering applications citizens of the Russian Federation" and Instructions.

4. Take into account that the Instruction establishes general principles and methods of organizing the work of considering applications and receiving citizens in the prosecutor's office of the Russian Federation.

Features of the procedure and timing of consideration of appeals related to the implementation by applicants of procedural rights and legitimate interests in criminal, civil and arbitration proceedings, appeals arising from international relations and obligations, appeals (requests) of deputies, legislative and executive authorities, military personnel and other appeals, as well as the reception of citizens are regulated by the Regulations of the General Prosecutor's Office of the Russian Federation and the organizational and administrative documents of the General Prosecutor's Office of the Russian Federation, in the military prosecutor's office - by orders and other organizational and administrative documents of the Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor.

The specifics of the procedure and timing for consideration of personal messages to the Prosecutor General of the Russian Federation received from business entities via email (JavaScript must be enabled to display the address) are regulated by the Regulations for the consideration of personal messages to the Prosecutor General of the Russian Federation received from business entities via email (to display URLs need to enable JavaScript).

(paragraph introduced by Order of the Prosecutor General's Office of Russia dated 09/08/2016 N 563)

5. Subordinate the work on considering and resolving appeals to solving the problems of ensuring the protection and protection of human and civil rights and freedoms, strengthening the rule of law and order. Each appeal must receive an objective and final resolution from the prosecutor’s office competent to resolve the issue.

6. The heads of the main directorates, directorates and departments of the General Prosecutor's Office of the Russian Federation, the Main Military Prosecutor's Office, prosecutors of the constituent entities of the Russian Federation, equivalent military prosecutors and prosecutors of other specialized prosecutor's offices, at least once every six months, conduct a comprehensive analysis of received appeals and the practice of resolving them in the authorities prosecutor's office. Analytical reports on the practice of considering applications and receiving citizens for the first half of the year and the year on a cumulative basis from the beginning of the reporting period should be submitted by February 1 and August 1 to the department for considering applications and receiving citizens of the Prosecutor General's Office of the Russian Federation.

The Department for Consideration of Appeals and Reception of Citizens of the Prosecutor General's Office of the Russian Federation, taking into account information from the Main Military Prosecutor's Office, summarizes the status of this work and reports by February 20 and August 20 to the Prosecutor General of the Russian Federation.

The results of the analysis are used for forecasting and planning supervisory activities.

7. To the heads of divisions of the General Prosecutor's Office of the Russian Federation, analytical reports on the practice of considering orders and instructions of the President of the Russian Federation, appeals from his assistants, the Chairman of the Government of the Russian Federation and his deputies, parliamentary requests, requests and appeals from members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation, as well as other appeals taken for special control, for the first half of the year and the year on an accrual basis from the beginning of the reporting period, submit by February 1 and August 1 to the organizational department of the Main Organizational and Analytical Directorate of the General Prosecutor's Office of the Russian Federation, which, taking into account information from the Main Military Prosecutor's Office, summarizes the status this work and report by February 20 and August 20 to the Prosecutor General of the Russian Federation.

8. The Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor, in his order, determine the deadlines for submitting to the appropriate structural unit by military prosecutors equated to prosecutors of the constituent entities of the Russian Federation, analytical reports on the practice of considering appeals from military personnel, citizens, officials and other persons for subsequent generalization and forwarding to the Prosecutor General's Office of the Russian Federation.

9. The Rector of the Academy of the Prosecutor General's Office of the Russian Federation, by his order, determines the procedure for considering applications and receiving citizens, taking into account the provisions of the Instructions and the specifics of the prosecutor's office institutions of the Russian Federation.

10. To establish that the work of the prosecutor's offices of the constituent entities of the Russian Federation, cities and districts, other territorial, equivalent military and other specialized prosecutor's offices with appeals from citizens, members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation, as well as deputies of legislative (representative) bodies authorities and local governments is subject to mandatory study during comprehensive audits of the organization of prosecutorial supervision.

The head of the department for consideration of applications and reception of citizens of the General Prosecutor's Office of the Russian Federation, with the participation of the organizational department of the Main Organizational and Analytical Directorate of the General Prosecutor's Office of the Russian Federation, periodically checks the implementation of this order and the Instructions in the divisions of the General Prosecutor's Office of the Russian Federation.

11. Consider as invalid the order of the Prosecutor General of the Russian Federation dated December 17, 2007 N 200 “On the implementation of the Instructions on the procedure for considering applications and receiving citizens in the prosecutor’s office system of the Russian Federation” (as amended by orders of the Prosecutor General of the Russian Federation dated September 5, 2008 N 178, dated 17.03.2010 N 113, dated 31.05.2011 N 154) and the instruction of the First Deputy Prosecutor General of the Russian Federation dated 29.12.2007 N 216/45 “On the implementation of the requirements of the order of the Prosecutor General of the Russian Federation dated 17.12.2007 N 200 “On the introduction The Instructions on the procedure for considering applications and receiving citizens in the system of the Prosecutor's Office of the Russian Federation came into force."

12. This order and Instructions should be published in the journal “Legality” and posted on the official website of the Prosecutor General’s Office of the Russian Federation on the Internet.

13. Control over the execution of the order shall be assigned to the Deputy Prosecutor General of the Russian Federation in areas of activity.

The order should be sent to the Deputy Prosecutor General of the Russian Federation, the heads of the main directorates, directorates and departments of the General Prosecutor's Office of the Russian Federation, prosecutors of the constituent entities of the Russian Federation, equivalent military prosecutors and prosecutors of other specialized prosecutor's offices, the rector of the Academy of the Prosecutor General's Office of the Russian Federation, who will bring its contents to the attention of their subordinates workers.

Attorney General

Russian Federation

valid state

Counselor of Justice

Y.Y.CHAIKA

Approved by order of the Prosecutor General of the Russian Federation dated January 30, 2013 N 45

INSTRUCTIONS

ABOUT THE PROCEDURE FOR CONSIDERATION OF APPLICATIONS AND RECEPTION OF CITIZENS IN THE BODIES

OFFICE OF THE PROSECUTOR OF THE RUSSIAN FEDERATION

1. General Provisions

1.1. This Instruction has been developed in accordance with Art. 10 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, Federal Law dated 02.05.2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” and other federal legislation.

The Instruction establishes a unified procedure for considering and resolving in the prosecutor's office of the Russian Federation appeals from citizens of the Russian Federation, foreign citizens, stateless persons, appeals and requests from officials and other persons about violations of their rights and freedoms, the rights and freedoms of other persons, about violations of laws on the territory of the Russian Federation Federation, as well as the procedure for the reception of citizens, officials and other persons in the prosecutor's office of the Russian Federation.

1.2. Legal relations related to the consideration by the prosecutor's office of the Russian Federation of applications received from citizens of the Russian Federation, foreign citizens and stateless persons about violations of their rights and freedoms outside the territory of the Russian Federation are regulated by the relevant international treaties of the Russian Federation.

1.3. Appeals can be individual, that is, submitted by the citizen himself, an association of citizens or a legal entity who consider their rights or the rights of other persons to be violated, and collective.

The exercise by citizens of the right to appeal must not violate the rights and freedoms of others.

1.4. It is prohibited to persecute a citizen in connection with his appeal to the prosecutor's office criticizing their activities or for the purpose of restoring or protecting his rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of other persons.

1.5. The procedure for receiving, recording, registering appeals (requests), their formation in supervisory, observational proceedings, registration, reproduction, systematization and storage is established by the Instructions for office work in the bodies and institutions of the prosecutor's office of the Russian Federation (hereinafter referred to as the Instructions for office work), other organizational and administrative documents the General Prosecutor's Office of the Russian Federation, in the military prosecutor's office - organizational and administrative documents of the Deputy Prosecutor General of the Russian Federation - the Chief Military Prosecutor.

1.6. When considering an application, disclosure of the information contained in it, as well as information about the private life of the applicant and other persons to whose private life this information relates, is not permitted without their consent.

(as amended by Order of the Prosecutor General's Office of Russia dated April 11, 2017 N 257)

Sending a written appeal to a body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information.

1.7. Responsibility for the objective, comprehensive and timely resolution of appeals rests with the heads of the prosecutor's office of the Russian Federation.

1.8. In the prosecutor's office of the Russian Federation, organizational and administrative documents define specific officials who are charged with ensuring the objectivity, comprehensiveness and timeliness of consideration of appeals, including those taken under control (special control) by the heads of the prosecutor's office, generalizing the practice of resolving appeals, as well as processing relevant control and statistical cards.

1.9. Key terms used in the Instructions:

1) appeal - a proposal, statement, complaint or petition expressed in writing, orally or in the form of an electronic document;

2) proposal - the applicant’s recommendation for improving laws and other regulatory legal acts, the activities of state bodies and local governments, developing public relations, improving the activities of the state and society in the socio-economic and other spheres;

3) application - a request from a citizen or other person for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or a message about violations of laws and other regulatory legal acts, shortcomings in the work of state bodies, local governments and officials, or criticism of the activities of these bodies and officials;

4) complaint - a request by the applicant for restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons;

5) petition - the applicant’s request for recognition, in cases established by the legislation of the Russian Federation, of a certain status, rights, freedoms;

6) collective appeal - an appeal by two or more persons, as well as an appeal adopted at a rally or meeting and signed by the organizers or participants of the rally, meeting;

7) initial appeal - an appeal on an issue that has not previously been considered by this prosecutor’s office, or received from persons who have not previously applied to the prosecutor’s office on an issue that has already been considered;

duplicate application - a repeated copy or copy of the same application from the same applicant;

9) repeated appeal - an appeal received from the same person on the same issue, in which a decision taken on a previous appeal received by a given prosecutor’s office is appealed, or shortcomings made during the consideration and resolution of the previous appeal are pointed out, or the untimely consideration of the previous appeal is reported if the period for consideration established by law has expired since its receipt;

10) parliamentary request - a request adopted by the relevant chamber of the Federal Assembly of the Russian Federation in compliance with the requirements provided for in Art. 13 of the Federal Law “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”, in the manner established by their regulations, on issues within the competence of the Prosecutor General of the Russian Federation;

11) request - a document duly executed, in compliance with the requirements of federal legislation, sent by authorized officials, as well as members of the Federation Council or deputies of the State Duma of the Federal Assembly of the Russian Federation (deputy request), addressed to the Prosecutor General of the Russian Federation, on issues within the competence General Prosecutor's Office of the Russian Federation;

12) an appeal from a member of the Federation Council, a deputy of the State Duma of the Federal Assembly of the Russian Federation - a document sent to the prosecutor's office with a report of violations of the law, as well as with a request for information, information or documents on issues related to their activities, not formalized as request;

13) official - a person who permanently, temporarily or by special authority exercises the functions of a government representative or performs organizational, administrative, administrative and economic functions in a state body or local government body.

2. Limits of validity of the Instructions

2.1. The provisions of the Instruction apply to appeals containing information about violations of the law, rights, freedoms and interests of a person and citizen protected by law, interests of society and the state, received in writing or orally at a personal reception, by mail, telegraph, fax, public information systems .

In accordance with this Instruction, citizens' appeals sent by the media are considered.

The procedure for considering appeals established by this Instruction applies to all appeals, with the exception of those that are subject to consideration in the manner provided for by federal constitutional laws or federal laws providing for a special procedure for consideration.

2.2. Messages received by the prosecutor's office about crimes committed or being prepared are subject to recording and consideration in the manner established by the relevant order of the Prosecutor General of the Russian Federation.

Appeals from citizens that are not being considered

Almost all letters from citizens sent to the prosecutor's office are subject to consideration. After the prosecutor has familiarized himself with the application, a decision is made on further proceedings on it, without going beyond the established time period. But still some statements can:

Return to the applicant, indicating the reason.
Not accepted for consideration for objective reasons.
Redirect in order to conduct an inspection with local governments or law enforcement agencies.
Transfer to a lower prosecutor's office.

In order to avoid redirecting the letter to other authorities, you must first independently contact the management of the organization whose activities gave rise to the complaint. An appeal to the prosecutor should be made after the refusal to resolve the controversial issue on the spot.

The period for consideration of a complaint by the prosecutor's office in civil cases is longer than in criminal cases.

Citizens' appeals may remain without an appropriate response from the prosecutor's office if:

It does not indicate the address and surname of the applicant. The prosecutor's office leaves anonymous letters unanswered, except those that contain information about a possible crime being prepared or already committed. Such statements can still be verified in order to investigate the circumstances by law enforcement agencies.
There is not enough information to resolve the question, the text is illegible and impossible to read. In such cases, the prosecutor's office sends a written response to the applicant seven days in advance with a request to clarify his appeal, re-appeal or supplement it with facts.
There is direct citizen intervention in the area of responsibility of supervisory authorities. Within 7 days, the author of such a letter receives a response with explanations.
The text of the appeal contains a threat to the lives of employees or other persons, as well as obscene language. In this case, the applicant receives a letter warning about the inadmissibility of abusing the right to contact supervisory authorities. In some cases, the recipient may be held accountable. Then the period for consideration of complaints is not taken into account.

The application (the prosecutor's office has the right to conduct its own assessment) is illogical and meaningless, and the applicant himself was duly declared incompetent.
An application containing a citizen’s repeated appeal to the prosecutor’s office, which has already been subject to an investigation into the appeal, in the absence of new facts in the case.
In order to consider appeals, it is necessary to explain to the applicant the decision taken by the prosecutor. In such cases, the applicant is advised of the possibility of appealing the decision in court or a higher authority.
The message is anonymous and contains threats or slander against other persons. The prosecutor's office forwards such statements to the police in order to identify the addressee and bring him to justice as provided for by law. It also does not take into account the period for consideration of the complaint by the Russian Prosecutor's Office.
If the requirements of a citizen’s complaint or application do not fall within the competence of this supervisory body and can be resolved by another institution or organization, then such an appeal is submitted for consideration to the appropriate body. The applicant is notified within 7 days from the date of registration.
In particular, the application can be sent to a lower supervisory authority if it has not previously been checked, or to the police department if the letter contains information about a criminal offense committed.
Before sending a written appeal to the prosecutor's office, you should make sure that the proceedings on your complaint are within the competence of the prosecutor. You may need to consult a lawyer for this; he will also be able to find out the time frame for consideration of the complaint by the prosecutor's office.

The procedure for receiving, recording, and registering appeals to the prosecutor's office

The procedure for receiving, recording, registering appeals (requests), their formation in supervisory, observational proceedings, registration, reproduction, systematization and storage is established by the Instructions for office work in the bodies and institutions of the Prosecutor's Office of the Russian Federation, other organizational and administrative documents of the General Prosecutor's Office of the Russian Federation, in the bodies military prosecutor's office - organizational and administrative documents of the Deputy Prosecutor General of the Russian Federation - Chief Military Prosecutor.

When considering an application, it is not permitted to disclose the information contained in it, as well as information about the applicant’s private life, without his consent.

Sending a written appeal to a body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information.

Responsibility for the objective, comprehensive and timely resolution of appeals rests with the heads of the prosecutor's office of the Russian Federation.

The prosecutor is obliged to consider the appeal and make one of the following decisions:

accept the application or complaint for its proceedings;
assign its consideration to a specific operational worker;
submit it for permission to the lower prosecutor's office;
attach to the materials of a previously received complaint or statement;
send to the court for inclusion in the materials of the court case;
forward according to its affiliation for consideration by another body.

It should be borne in mind that the law prohibits the forwarding of complaints to bodies and officials whose decisions or actions are being appealed. In all cases, the applicant is notified of the sending of applications and complaints to other authorities. If necessary, the body to which the application or complaint was sent for consideration is asked to inform the prosecutor's office about the results of the resolution.

Working with citizens' appeals, i.e. By considering and resolving their complaints and applications, prosecutors and investigators receive valuable information:

on violations of the rights and freedoms of citizens committed in the region;
about crimes and other socially dangerous offenses committed both by persons living in the region and by other persons;
about bodies and officials who violated the rights and freedoms of citizens and committed other offenses;
about bodies and officials who do not comply with the requirements of the law on citizens’ appeals, i.e., in other words, who do not take measures to satisfy complaints and applications.

No less important is the fact that the prosecutor’s office receives information from citizens about shortcomings and violations in the work of the prosecutor’s office itself and the investigative committee, in particular:

about procedural violations committed by investigators during the conduct of preliminary investigations in criminal cases;
about failure to take measures to bring offenders to justice and to eliminate violations of laws;
about disagreement with decisions previously taken by the prosecutor’s office on complaints and appeals;
about the unworthy, in the opinion of citizens, behavior of employees of the prosecutor's office both in the performance of official duties and in public places (at home) and other information.

This information, contained in both oral and written appeals from citizens, significantly supplements the information base of the prosecutor's office, which in turn:

helps improve all activities of the prosecutor's office by eliminating shortcomings and omissions in the work.

By receiving visitors, considering and resolving citizens' complaints and statements, prosecutors and investigators have the opportunity to study the public opinion that the population has about the prosecutor's office as a whole and about its employees individually, which in itself is of great importance in terms of improving the activities of the prosecutor's office.

Response from the prosecutor's office

The prosecutor's office sends a response after conducting a comprehensive investigation of the appeal. In any case, the applicant will receive a letter signed by the prosecutor. Only complaints and statements left anonymously remain unanswered, this has already been said.

The inspection is considered completed if all the issues specified in the application have been considered. The applicant must be notified of the results of the proceedings. If a prosecutor's proposal has been issued, the applicant is required to explain when and where he can become familiar with the result of the execution of the prosecutor's verdict.

In the case of a collective application, the response may be sent to all applicants or to the one listed first. This citizen will need to bring information about the verification to the attention of the other participants in the application.

The period for consideration of a complaint by the prosecutor's office in a criminal case is described above.

What can the prosecutor's office do in response to an appeal from citizens of the Russian Federation?

When the fact of the appeal is undeniable and the application has been received by the prosecutor’s office, the citizen who filed it may see several options for further developments of events, of which he will be notified. Alerts may come for the following reasons:

the application will be rejected, arguing that it does not meet the requirements and procedure for document execution;
will provide explanations on the facts that they managed to obtain in the case under consideration;
will satisfy, but not necessarily entirely (there may be partial satisfaction of the points of appeal);
will be redirected to authorities with lower jurisdiction;
will take action until it becomes possible to make the most objective decision possible.

Reception of the document takes up to three days (excluding weekends). If the applicant has not provided all the papers and plans to submit some, the reception deadline is extended to 10 days. The period for making a decision on the case begins immediately after the application has been registered in the system. Deadlines can be extended, but only in exceptional situations, such as the impossibility of making a decision without additional verification.

On the procedure for considering and resolving appeals and receiving citizens

The current legislation provides for the right of citizens to appeal decisions and actions of officials and courts that carry out criminal proceedings.

If a citizen filed a complaint with the wrong institution, for example, the prosecutor’s office instead of the internal affairs department, then it must send the complaint to the proper place within 7 days, at the same time notifying the applicant about it in accordance with clause 3.3 of the instructions and explaining where he needs to apply. The notice must be signed by the appropriate official.

What is the period for consideration of a complaint by the prosecutor's office? If you apply to the wrong address, within 7 days from the receipt of the complaint it must be sent to the appropriate authority and the complainant must be notified about it. Notification is made in writing by post.

The timing of consideration of citizens' complaints by the prosecutor's office must be taken into account without fail.

Is it necessary to file a complaint twice with the same prosecutor’s office under the Code of Criminal Procedure?

In accordance with Articles 123 and 124 of the Code of Criminal Procedure, actions (inaction) and decisions of the inquiry officer, the inquiry body, the investigator, the head of the investigative body, and the prosecutor may be appealed in the manner prescribed by this Code.

According to paragraph 31 of Art. 5 of the Code of Criminal Procedure, the term “prosecutor” means the Prosecutor General and his subordinate prosecutors, their deputies and other officials of the prosecutor’s office participating in criminal proceedings and vested with the corresponding powers by the federal law on the prosecutor’s office.

In accordance with Part 5 of Art. 37 of the Code of Criminal Procedure, the powers of the prosecutor provided for in this article (including “to demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed when receiving, registering and resolving reports of crimes, conducting an inquiry or preliminary investigation” (clause 3) and “to cancel illegal or unfounded decisions of a lower-ranking prosecutor, as well as illegal or unfounded decisions of the inquiry body, the head of the inquiry body, the head of the inquiry unit and the investigator in the manner established by this Code” (clause 6), are carried out by district, city prosecutors, their deputies, equivalent to them by prosecutors and higher prosecutors.

According to Part 1 of Art. 30 of the Federal Law "On the Prosecutor's Office of the Russian Federation" the powers of the prosecutor to supervise the implementation of laws by bodies carrying out operational investigative activities, inquiry and preliminary investigation are established by the criminal procedural legislation of the Russian Federation and other federal laws.

Article 54 of this Law clarifies that the name “prosecutor” contained in this law means the Prosecutor General of the Russian Federation, his advisers, senior assistants, assistants and assistants on special assignments, deputy Prosecutor General of the Russian Federation, their assistants on special assignments, deputies, senior assistants and assistants to the Chief Military Prosecutor, all subordinate prosecutors, their deputies, assistant prosecutors on special assignments, senior assistants and assistant prosecutors, senior prosecutors and prosecutors of departments and departments, acting within their competence.

Order of the Prosecutor General's Office of Russia dated January 26, 2017 N 33 “On the organization of prosecutorial supervision over the procedural activities of investigative bodies” states:

"15. When a complaint is received against the actions and decisions of officials of the investigative bodies, subject to consideration in accordance with Article 124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor (deputy prosecutor) shall issue a decision on its full or partial satisfaction or refusal to satisfy it. The applicants will be notified of the decision made on the complaint, explaining the procedure for appealing it.”

In accordance with the Instruction on the procedure for considering applications and receiving citizens in the prosecutor's office of the Russian Federation (approved by order of the Prosecutor General's Office of Russia dated January 30, 2013 N 45 (as amended on September 21, 2018):

"2.5. Complaints about the actions (inaction) and decisions of the inquiry body, the inquiry officer, the head of the inquiry unit, the investigator, the head of the investigative body, the prosecutor, as well as about the actions (inaction) and sentences, rulings, resolutions and decisions of the court, including decisions made in during pre-trial proceedings in a criminal case, are checked in the manner and within the powers provided for by procedural legislation.

6.5. …

In lower prosecutor's offices, the decision to refuse applications is made and answers are given to applicants by the deputy prosecutor, prosecutor or persons replacing them. After a decision is made by the head of a given prosecutor’s office, repeated appeals are subject to referral for consideration to a higher prosecutor’s office.”

And in these norms I cannot find where the obligation to appeal the refusal of the deputy prosecutor of the city (district) is established, first to the prosecutor of the city (district), and then to the higher prosecutor’s office.

Or am I looking in the wrong place?

Can a complaint be left without notification or permission?

According to clause 4.12 of the instructions, correspondence should stop if there are no new arguments, what is stated has already been fully verified. Also, according to the above, an answer was given in the prescribed manner. The executor must give a reasoned conclusion on termination of correspondence. The author receives a message from the artist about this even before the deadline has expired. When the correspondence has already been stopped, and the author sends a new appeal without additional arguments, the correspondence is not resumed. In this case, the contractor informs the sender in writing.

Is it possible to resume correspondence? If there are no more reasons why the correspondence was stopped, then it is resumed. But if new data is available, the check established by the instructions is carried out again.

The period for consideration of a complaint by the prosecutor's office in an administrative case must be taken into account.

Can the applicant review the inspection materials when the complaint is considered?

At the request of the applicant, he may be given the opportunity to familiarize himself with documents that affect his freedoms and rights.

What is the processing time for applications? Complaints, statements and proposals from citizens must be resolved within 15 days from the moment they are received by the prosecutor's office, but if additional verification is necessary, the period is increased to 30 days, but no later, in accordance with clause 5.1 of the instructions. But there is also a clause providing for cases when federal law establishes a different deadline. According to the Code of Criminal Procedure of the Russian Federation, the maximum period for consideration of complaints is 10 days. The main documents regulating the time frame for consideration of a complaint by the prosecutor's office have been reviewed.

Terms of consideration

In general, in practice, there are two types of deadlines for studying complaints - general and shortened :

General. It implies a time interval of no more than 30 days . It is needed so that prosecutors can carry out checks and identify violations. It is clear that this will require a certain amount of time. The period may be increased due to the need to expand the evidence base on the part of the applicant and bring additional papers. The applicant will receive a separate notification about this. It turns out that initially the total period is at least 30 days, but it can be extended when considering special cases and within individual conditions. To extend it, a corresponding petition is generated with a detailed statement of the reasons.
Abbreviated. This period applies to those complaints that do not require the provision of supporting materials and inspections . Applications of this type are reviewed within 15 days. No additional documents are required for these papers; the requirements themselves do not require labor-intensive activities and processes, which ensures a high speed of proceedings.

Thus, the period for response to an application to the prosecutor’s office is 15 or 30 days.

It is important to know! A separate category of complaints includes applications filed by persons participating in criminal proceedings. They are studied for 3 days, and the maximum possible period in case of extension does not exceed 10 days.