Inaction in criminal law: how it is determined. its types and responsibilities

General information

A complaint is filed if the freedoms and rights of a citizen or group of citizens were violated by a government representative in the performance of official duties.
Moreover, it does not matter whether the job is permanent or temporary. The acting person also falls into this category. Since the civil service is an extremely responsible matter, the activities of employees must be carried out strictly according to regulations and in accordance with the Code of Administrative Offenses and the Criminal Code of the Russian Federation. But if an employee neglects to comply with current regulations, a certain amount of punishment should be applied to him. For this purpose, a claim is filed with the prosecutor’s office or court.

A complaint document against the actions of an official is drawn up in cases where the employee:

neglected the rights and freedoms of a particular citizen (citizens);
specifically created obstacles for a specific person to exercise his rights and freedoms;
illegally brought a citizen to administrative or criminal liability;
illegally imposed any obligation on a citizen;
did not act when it was necessary to perform his official duties.

A completed form of complaint against the actions of an official should be sent to the prosecutor's office. There are also other options - filing a claim in court or filing a claim with a higher authority that controls the official. Sometimes victims have to send a complaint to the Ombudsman. Such situations require legal advice.

It is important to comply with legal deadlines when filing a claim, otherwise it will be ignored. The actions of an official have a statute of limitations. According to the law, a complaint must be filed no later than three months from the date the incident occurred. Appeals received by the prosecutor's office, court or other body are considered within 10-15 days.

The exact response time depends on the type of authority. Sometimes employees of the prosecutor's office or chancellery need more time to make a decision, and then the period increases. Employees are required to notify the applicant of this by telephone or mail. That is why applications to government agencies must contain the citizen’s contacts and residential address. Anonymous complaints against officials remain unanswered, since employees simply will not be able to notify the applicant of the decision.

The applicant was traveling in a car with his friends. The applicant was stopped by a traffic police officer. According to him, the reason for stopping the car was the lack of low beam headlights. Moreover, the headlights were actually turned on. After the conversation, the employee suddenly noticed that the applicant was intoxicated. Since the applicant himself did not drive the vehicle, he flatly refused to sign any documents that were provided to him by the traffic police officer. The applicant requests that his explanation be considered in the prescribed manner. Check the legality of the actions of employees and take prosecutorial response measures when violations are detected.

To the Prosecutor General of the Russian Federation _____________________________ dated ____________________________ Address: ____________________________

COMPLAINT ABOUT THE ACTION OF OFFICIALS I, _____________ _________, was driving along ______________ Avenue with my friends at approximately ___ o’clock ___ minutes. Since I am a diabetic, which is confirmed by a certificate, I regularly take medications. There were also witnesses in the car, namely: 1) _______________________, registered at the address: ____________________________ 2) _______________________, registered at the address: ____________________________ Near house No. ___, a traffic police officer stopped me. According to him, the reason for stopping the car brand ___________________ ____ year No. ________ owned by my mother _____________________ was the lack of low beam headlights. Moreover, the headlights were actually turned on, which can be confirmed by my friends who were with me and whom the employees refused to listen to. Also, not a single protocol indicates any reason that served as the subject of the stop and inspection. I didn’t break any traffic rules and didn’t get into an accident. Order of the Ministry of Internal Affairs of the Russian Federation dated 01.06.1998 N 329 “On reforming the activities of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia” establishes: “In order to eliminate existing shortcomings in the activities of internal affairs bodies to ensure road safety and increase its efficiency, I order: 1. Consider the main task of the State Automobile Inspectorate Ministry of Internal Affairs of the Russian Federation for the current period and the near future, protection of the legal rights and interests of road users. 2. Establish that the grounds for stopping vehicles by police officers are: – violation of traffic rules by drivers or passengers; – the presence of data indicating the involvement of the driver and passengers in the commission of a traffic accident, administrative offense, crime; – the vehicle is wanted, as well as the presence of data on the use of the vehicle for illegal purposes; – the need to interview the driver or passengers about the circumstances of the commission of a traffic accident, administrative offense, crime of which they are eyewitnesses; – implementation of decisions of authorized state bodies or officials to restrict or prohibit movement; – the need to attract a driver or vehicle to assist other road users or police officers; - checking documents for the right to use and drive vehicles, as well as documents for the vehicle and the cargo being transported - only at stationary posts of the road patrol service of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia, police control posts and checkpoints. Stopping vehicles in other cases shall be regarded as a violation of official discipline.” None of the points are relevant to my situation. Accordingly, I was already stopped illegally from the very beginning. During installation, I, as a person with a power of attorney to drive vehicle No. ____________, went to the traffic police officers to find out the reason for the stop. The first thing they did was drive 500 meters from the place where the vehicle was stopped. At the same time, everyone who was sitting in the car with me (my witnesses) was out of reach. After __ minutes of conversation, the employee suddenly noticed that I was intoxicated. The file states that the date of drawing up the protocol on removal from driving a vehicle is __ hours __ minutes, and the date of drawing up the protocol on sending for a medical examination is already __ hour __ minutes. It turns out that it took the employee __ minutes to write 1 document. Since I did not drive the vehicle myself, I flatly refused to sign any documents that the traffic police officer provided me. In response, I heard threats. I was asked to sign my consent to being in a state of intoxication in the protocol and drive home in the same car (which is simply absurd). After my refusal, a car of brand ________________ _____ year No. __________ was sent to a impound lot, and they flatly refused to give me a copy of the protocol. I was sent for a medical examination, after which I was sent home. According to Article 26.3 of the Code of Administrative Offenses, the explanations of the person against whom proceedings are being conducted for an administrative offense, the testimony of the victim and witnesses constitute information relevant to the case and communicated by these persons orally or in writing. The explanations of the person in respect of whom proceedings are being conducted in a case of an administrative offense, the testimony of the victim and witnesses are reflected in the protocol on the administrative offense, the protocol on the application of a measure to ensure the proceedings in the case of an administrative offense, the protocol of the consideration of the case on an administrative offense, and, if necessary, are recorded and get involved in the matter. In my case, no witnesses are listed. Not a single person who was in the car with me is listed. According to Article 27.4 of the Administrative Code of Administrative Detention, a protocol is drawn up, which indicates the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the detained person, the time, place and reasons for the detention. The protocol on administrative detention is signed by the official who compiled it and the detained person. If the detained person refuses to sign the protocol, a corresponding entry is made in the protocol on administrative detention. A copy of the protocol on administrative detention is given to the detained person at his request. However, I was denied this when I refused to agree with the actions of the traffic police officer. In addition, there was no evidence in the form of video footage or witness statements. In fact, the only evidence in the case is the accident report, the certificate of removal from driving a vehicle and the testimony of a medical examination. However, as I have already noted, I am a diabetic. This is confirmed by a certificate. Diabetics regularly have “injections” as a result of which their breath smells like acetone and the acidity level increases. This, together with the injections used, can create a “natural background”. The employees refused to carry out any other checks. Those. not Rosenberg's poses, nor evaluation of actions, nothing else. The tube they gave me for the breathalyzer was clearly not new. And also, they refused to provide me with a copy of the medical report! Also, the Letter of the Ministry of Health and Social Development of the Russian Federation dated December 20, 2006 N 6840-BC “On medical examination for the state of intoxication of vehicle drivers” states: The medical examination report must be filled out in clear, legible handwriting, without abbreviations, without underlining words in the paragraphs of the report, or with “cross” marks. or any other sign. The report must indicate the name of the device (method) used to determine alcohol in exhaled air, the serial number of the technical device and the date of its last verification. In the medical examination report, a copy of which was provided to me only upon petition in court, it is impossible to make out half of the words. Lots of crossing outs and abbreviations. According to paragraph 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of Administrative Offenses of the Russian Federation” (as amended on November 11, 2008 // BVS. 2005. No. 6). According to this clarification, the bodies and officials who drew up the protocol on an administrative offense are not participants in proceedings in cases of administrative offenses, the range of which is listed in Chapter 25 of the Code of Administrative Offenses of the Russian Federation. Based on the above, if the procedural status of a witness as a participant in proceedings in cases of administrative offenses is defined in Art. 25.6 of the Code of Administrative Offenses of the Russian Federation, then the traffic police officer located in Ch. 25 of the Code of Administrative Offenses of the Russian Federation, who has drawn up a protocol on an administrative offense can in no case be a witness in the same case. According to Article 25.6 of the Code of Administrative Offences, 1. A person who may be aware of the circumstances of the case to be established may be called as a witness in a case of an administrative offense. 2. The witness is obliged to appear when summoned by the judge, body, or official who is prosecuting the case of an administrative offense, and to give truthful testimony: to report everything known to him about the case, to answer the questions posed and to certify with his signature in the appropriate protocol the correctness of recording his testimony . 3. A witness has the right: 1) not to testify against himself, his spouse and close relatives; 2) give evidence in their native language or in a language they speak; 3) use the free assistance of a translator; 4) make comments regarding the correctness of recording his testimony in the protocol. 4. When interviewing a minor witness under the age of fourteen, the presence of a teacher or psychologist is mandatory. If necessary, the interview is conducted in the presence of the legal representative of the minor witness. 5. The witness is warned about administrative liability for giving knowingly false testimony. 6. For refusal or evasion from fulfilling the duties provided for in Part 2 of this article, the witness bears administrative liability provided for by this Code. According to Order No. 308 of the Ministry of Health and Social Development, there are 7 criteria by which the inspector has reason to believe that the driver is intoxicated: 1. The smell of alcohol on the breath; 2. Unstable posture; 3. Speech impairment; 4. Pronounced trembling of the fingers; 5. A sharp change in the color of the skin of the face; 6. Behavior inappropriate to the situation; 7. Indication of indicator devices. In my case, the only evidence is point 7 - instrument readings. They also refused to show me any documentation for this device. I am a diabetic, according to the certificate. According to the recommendation, doctors prescribed Corvalol. Otherwise I might get a heart attack.

According to paragraph 1.5 of the Code of Administrative Offences: Article 1.5. Presumption of innocence 1. A person is subject to administrative liability only for those administrative offenses for which his guilt has been established. 2. A person against whom proceedings are being conducted for an administrative offense is considered innocent until his guilt is proven in the manner prescribed by this Code and established by a decision of the judge, body, or official who examined the case that has entered into legal force. 3. A person brought to administrative responsibility is not required to prove his innocence, except for the cases provided for in the notes to this article. (as amended by Federal Law No. 210-FZ of July 24, 2007) 4. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person. Note. The provisions of Part 3 of this article do not apply to administrative offenses provided for in Chapter 12 of this Code, if they are recorded by special technical means operating in automatic mode that have the functions of photography, filming, video recording, or means of photography, filming, and video recording. (note introduced by Federal Law No. 210-FZ of July 24, 2007) According to Art. 27. Powers of the prosecutor Federal Law “On the Prosecutor's Office” 1. When performing the functions assigned to him, the prosecutor: considers and verifies applications, complaints and other reports of violations of human and civil rights and freedoms; explains to victims the procedure for protecting their rights and freedoms; takes measures to prevent and suppress violations of human and civil rights and freedoms, bring to justice those who violated the law, and compensate for the damage caused; uses the powers provided for in Article 22 of this Federal Law. 2. If there are grounds to believe that the violation of human and civil rights and freedoms has the nature of a crime, the prosecutor takes measures to ensure that the persons who committed it are subject to criminal prosecution in accordance with the law. 3. In cases where the violation of the rights and freedoms of man and citizen is in the nature of an administrative offense, the prosecutor initiates proceedings on an administrative offense or immediately transmits a report of the offense and inspection materials to the body or official authorized to consider cases of administrative offenses. 4. In case of violation of the rights and freedoms of man and citizen, protected in civil proceedings, when the victim, for health reasons, age or other reasons, cannot personally defend his rights and freedoms in court or arbitration court, or when the rights and freedoms of a significant number of citizens are violated or due to other circumstances the violation has acquired special public significance, the prosecutor files and supports a claim in court or arbitration court in the interests of the victims. Based on the above, and guided by Articles 25.6, 26.3, 27.4 of the Code of Administrative Offences, clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for the courts when applying the Code of Administrative Offenses of the Russian Federation”, the order of the Ministry of Health and Social Development" No. 308, Federal Law "On the Prosecutor's Office" I ASK: 1. Consider my explanation in the prescribed manner. 2. Check the legality of the employees’ actions 3. If violations are detected, take prosecutorial response measures.

Notify me of the results of consideration of the application in writing within the one month period prescribed by law. Please send the answer to this application to your place of residence, namely: ___________________________________

«___»____________________ _________________________

Brief overview of general provisions

For these purposes, you must first refer to the Code of Administrative Proceedings of the Russian Federation (CAC RF).
It is the CAS of the Russian Federation that regulates, among other things, the procedure for legal proceedings when courts consider cases of protection of violated rights of citizens that arose from administrative legal relations (Articles 1, 2).

In this regard, a citizen can challenge the following actions of government bodies:

regulatory legal acts in whole or in part (LLA);
acts containing clarifications of legislation and having normative properties (acts of clarification);
decisions, actions (inaction) of government bodies, non-profit organizations (if they are vested with certain state powers).

These disputes are called administrative cases, not to be confused with cases of administrative violations.

However, the most common situation that a citizen most often encounters is a situation where he is forced to appeal against the actions or inactions of government bodies or government officials, the procedure of which is regulated in the aggregate by the general provisions of the CAS RF and the specifics provided for in Chapter 22 of the CAS RF.

The Code of Administrative Offenses of the Russian Federation does not apply to cases of administrative offenses; in this case, you need to refer to the provisions of the Code of the Russian Federation on Administrative Offenses (CAO RF).

But at the same time, due to the clarifications given by the Supreme Court in Review of Judicial Practice No. 1 for 2022, a citizen has the right to challenge actions committed during the proceedings on an administrative offense and leading to a violation of his rights, in accordance with Chapter 22 of the CAS RF, including if the proceedings on an administrative offense have been terminated or have not been initiated and these actions entail legal consequences for the citizen, and no other procedure for challenging them is provided for by law.

Every citizen is guaranteed the right to go to court for protection of his violated rights. Coercion to waive such a right is invalid.

The administrative plaintiff (applicant) may change the basis or subject of the administrative claim before the issuance of a judicial act, which ends the dispute in the administrative case (Article 46). The subject of the claim is the specific demand of the applicant against the defendant, and the basis of the claim is the factual circumstances and the rule of law on which the specified demand is based.

The legislator also provides for the filing of a collective administrative claim in the case of a large group, homogeneity of the subject of the dispute and the basis of the claims, as well as in the case of a common defendant or co-defendants (Article 42).

Citizens in an administrative case have the right to get acquainted with the materials of the case, file challenges, provide evidence, ask questions in the trial, make motions, give explanations, present their arguments, object to the motions of other participants, and enjoy other procedural rights as a party in the administrative case (Art. 37, , ).

Regarding the provision of evidence, the CAS of the Russian Federation contains rules governing their use (Chapter 6).

Only that evidence that is relevant for the consideration of a particular case should be provided to the court (the principle of relevance).

Evidence is information obtained in accordance with the law (evidence obtained in violation of the law cannot be used) about facts, on the basis of which the court will establish the presence or absence of circumstances justifying the requirements (principle of admissibility).

When referring to the circumstances underlying the claims, the plaintiff is obliged to prove them (Article 62).

A citizen may petition the court to obtain evidence that is missing from him (Article 63), while circumstances that the court recognizes as generally known do not need to be proven.

Circumstances established by a judicial act that has entered into legal force in a case previously considered in court are not proven again and are not subject to challenge.

At the request of a person who has applied to the court, the court may apply preliminary protective measures if there is a clear danger of violation of the rights, freedoms and legitimate interests of the plaintiff (civil rights) and their protection will be impossible or difficult without taking such measures, and also these measures must be related and proportionate stated claims of the plaintiff (Chapter 7).

The court may suspend in whole or in part the effect of the contested decision, prohibit certain actions, and take other measures.

If the provisions of the CAS of the Russian Federation are unclear, it is recommended to refer to the clarifications of the Supreme Court of the Russian Federation in the resolution of the plenum of the Supreme Court of the Russian Federation dated September 27, 2016 No. 36 “On some issues of application by courts of the Code of Administrative Proceedings of the Russian Federation.”

The court may apply several preliminary protective measures for one administrative claim, but until the administrative claim is presented to the court and accepted for consideration by the judge, preliminary protective measures are not taken.

However, a request for preliminary relief may be filed along with an administrative claim or simply requested in the claim itself.

Main sources:

Code of Administrative Procedure of the Russian Federation

Resolution of the Plenum of the Armed Forces of the Russian Federation dated September 27, 2016 No. 36 “On some issues of application by courts of the Code of Administrative Procedure of the Russian Federation”

Types of inaction

Criminal omission can be expressed:

in abstaining from performing a socially useful action, for example, evading military duty or paying alimony;
failure to perform certain actions aimed at preventing damage to an existing benefit, for example, failure to fulfill obligations to protect property or provide assistance to persons in a dangerous situation.

A person’s inaction can be either passive behavior - abstaining from some specific action, or accompanied by some active actions related to evading duties, for example, moving to another city or evading military duty.

In addition, inaction can be one-time - momentary, or ongoing - long-term evasion of duties. Moreover, if a person evades duties for a long time, criminal inaction covers the entire period. Voluntary fulfillment of the obligation in this case may entail release from criminal liability, and in some cases even incentive measures, including monetary payments.

Signs of Inaction

Inaction is an illegal act, and therefore must have certain characteristics of a crime. In this case, inaction is equivalent to action, i.e. there is a certain obligation to perform an action, but the perpetrator does not fulfill this obligation, and endangers the person protected by law.

Inaction can be classified as a crime only if the act has been committed, there are socially dangerous consequences of this and a cause-and-effect relationship between the first two.

Inaction begins from the moment when the need to perform an action arose, but the person refused to do it or avoided doing so. Ceases with the end of the need to act, voluntary cessation of inaction, or certain circumstances make action impossible.

Responsibility of an official for inaction

In matters of liability for the inaction of officials, the article of the Criminal Code of the Russian Federation under which the perpetrator will be charged directly depends on his official duties and situation. For example, liability for negligence - a person’s dishonest attitude towards his official duties, resulting in a significant violation of the rights and legitimate interests of other persons, is provided for in Article 293 of the Criminal Code of the Russian Federation.

In addition, here we can talk about the consequences for a person’s failure to comply with the obligation to comply with labor protection requirements. When an official was obliged to comply with these requirements, but neglected his duty, which resulted in serious harm to a person’s health or caused his death.

What article does the Criminal Code of the Russian Federation provide for inaction?

The Criminal Code of the Russian Federation does not have a separate article for criminal omission; therefore, the punishment for this type of crime will depend on what consequences the person’s failure to perform specific actions entailed. For example:

if a medical worker, without a good reason, did not provide medical assistance to a sick person, as a result of which moderate harm, serious harm or death was caused to his health, the doctor will be prosecuted under Article 124 of the Criminal Code of the Russian Federation;
if the employer does not pay wages to employees in full or in part, he may be prosecuted under Article 145.1 of the Criminal Code of the Russian Federation;
when a citizen does not transmit the information he has about a crime to the authorized body, he may be held accountable under Article 316 of the Criminal Code of the Russian Federation (in this case, the person may be exempt from liability if the crime was committed by a spouse or other close relative).

If a doctor (or other medical worker) did not provide assistance to a sick person without good reason, as a result of which the health of the latter was caused moderate harm, serious harm or the death of the patient. In this case, the doctor is brought to criminal liability, which is provided for in Art. 124 of the Criminal Code of the Russian Federation.
If an employer does not pay wages (in whole or in part) to employees, he will be held liable under Art. 145.1 of the Criminal Code of the Russian Federation.
If a citizen does not transfer to the authorized bodies the information he has about crimes committed. For this he may be prosecuted under Art. 316 of the Criminal Code of the Russian Federation.

Procedure and methods for filing a complaint against an official

In cases where there is a violation committed by an official, a citizen who has become a victim of this action or simply noticed what was done has 90 days to appeal. To write a corresponding complaint, a person must have compelling reasons. The grounds may be unlawful actions, abuse of power, illegal arrest, inaction and other actions.

It should also be taken into account that, first of all, the sample complaint is sent to the manager of the official who committed the violation. If higher authorities ignore the appeal, you can move on to more radical methods of solving the problem and file a complaint with the following structures:

USB. You can bring a complaint to this organization yourself, or write a corresponding petition by email. CSS specialists must consider the claim and inform the applicant of their decision no later than 14 days after receiving the document;
Prosecutor's office. It is this structure that most often turns to citizens who have previously filed a complaint with the CSS and did not receive the desired result. After receiving a complaint, employees of the prosecutor’s office conduct an inspection, after which incompetent specialists of the state apparatus are punished for their actions;
Courts. The period for consideration of a complaint in this structure is approximately 15 days. After this time has expired, a decision is made on the case, and if the official’s guilt is proven, a preventive measure is determined.

Today, every Russian has the opportunity to independently choose the procedure for appealing the actions of the violator and write a complaint to any of the above structures. If you submit an application to all the indicated authorities at once, this will become a kind of guarantee of achieving the best result in the shortest possible time.

It is important to take into account that when considering a case in court, if there are errors in the document or lack of compelling reasons, the application may be returned to the author, refused to satisfy the requirements, or not accepted at all.

To achieve a truly good result, experts strongly recommend seeking the help of a qualified lawyer. If the interests of a citizen are protected by a person who knows the specifics of the current legislation and can understand all its intricacies, this will achieve maximum effect.

How to compose correctly

A unified form of complaint against the actions of an official has been approved. This means that business paper must contain mandatory details, without which it will not be considered correct. The form of a complaint against the actions of an official is filled out in accordance with the required content.

The unchanged sections include the following points of the document structure:

Information about the authority where the application is sent (name and address of the court or prosecutor's office).
Information about the applicant and his contact details (full name, residential address, telephone numbers and mail for communication).
Information about the unlawful action of an official.
Links to articles of the Code of Administrative Offenses and the Criminal Code of the Russian Federation that were violated.
Citizen's request (for example, criminal prosecution).
Compiler's signature.
Document creation date.

A detailed and specific description of a case of violation of the law or the rights of a specific citizen by a person in the performance of official duties will add weight to the complaint. In order not to distract the investigating authority with verbosity, follow the algorithm:

Indicate the date when the incident occurred.
Give a reason, support it with references to articles of the Code of Administrative Offenses and the Criminal Code of the Russian Federation.
List the attachments to the complaint (evidence, etc.).

A citizen’s appeal can be written by hand or prepared in electronic format. When filling out handwritten documents, the main requirement is legible handwriting of the compiler. It is also necessary to observe literacy - it is forbidden to submit a complaint about the actions of an official with errors.

If the text of the claim is printed on a computer, you should carefully proofread it.

Often, compilers are in a hurry and miss typos. A typo is the same mistake as a spelling mistake. And if a typo was made, for example, in the last name or first name of a character, then it becomes a factual error. If the information contained in the application does not correspond to the facts, the citizen will not be provided with assistance in resolving his issue.

The originator must sign the completed complaint template against the actions of an official. Only handwritten signatures are accepted. Even if the text was entered via computer, the form must be printed. Below the signature is the date the request was created. This completes the filing of the complaint.

Features of writing a complaint against an official who committed a violation

When drawing up a complaint, it is necessary to take into account that this document must be literate and correct. Emotional and rude statements are unacceptable. The text should be as concise as possible, but at the same time fully reflect the essence of the problem. Today there is no strict claim template, but the information it contains must be comprehensive:

The name of the organization to which the sample claim is sent;
Individual information about the applicant and his contact details;
Information about the official who committed the violation (full name, position);
Description of the problem;
Links to regulations, according to which actions are illegal;
Requirements of the author of the application;
The time during which the applicant waits for a response;
Personal signature and date of filing the complaint.

If the procedure for writing a claim is violated, or the document is submitted outside the established deadlines, it will not be considered. It should also be noted that abbreviations and corrections should not be used in the text. If there is evidence and evidence of the case by other people, they should also be attached to the application.

In addition to appealing the actions of an official, every citizen has the right to demand material compensation for damage caused, as well as compensation for moral damage. If, after considering the complaint, the applicant’s demands for financial compensation are satisfied, then the funds will be taken from the federal budget.

The sample complaint must be drawn up in two copies, one of which remains with the applicant with a note indicating its acceptance. An important condition is to notify the official about the start of the process, and this must be done by the author of the complaint.

When considering a case in court, removal from a position, penalties in the form of deprivation of bonuses, dismissal, as well as forced fulfillment of violated obligations may be chosen as a preventive measure.

Deadlines for filing a complaint

A complaint against a decision of an official of the bailiff service, his actions (inaction) is filed within ten days from the date the bailiff or other official issued a decision, committed an action, established the fact of his inaction or refused to challenge. A person who was not notified of the time and place of action shall file a complaint within ten days from the day when this person learned or should have known about the adoption of a decision or the commission of actions (inaction).

Deadlines for appeal

If the deadline for contesting is missed for reasons that the court may recognize as valid, the missed deadline is subject to restoration (Article 95).

Due to the clarifications of the Supreme Court of the Russian Federation, such reasons may be circumstances that objectively excluded the possibility of a timely appeal to the court and are not dependent on the person filing a petition to restore the deadline, for example, the introduction of a high alert regime or an emergency situation throughout the entire territory of the Russian Federation or in its part , illness, helpless state, untimely sending a copy of a document to the person, as well as other circumstances that deprived the person of the opportunity to go to court within the period established by law, assessed by the court as respectful (clause 30 of the resolution of the plenum of the RF Armed Forces dated March 29, 2016 No. 11).

Also, as stated in the resolution of the plenum of the Armed Forces of the Russian Federation dated September 27, 2016 No. 36, circumstances such as failure to receive procedural documents in connection with a violation of the rules for the delivery of postal correspondence, due to absence from the place of residence due to illness, or being on a business trip can be considered as relevant reasons. , vacation, moving to another place of residence and others.

Missing the deadline for filing an application is not grounds for refusal to accept it for proceedings by the court. The reasons for absence are subject to clarification by the court at a preliminary court hearing or at the court hearing itself.

If the missed deadline for filing an application is due to failure to consider or untimely consideration of a complaint filed in the order of subordination to a superior official, then the specified reason is valid, and the deadline is subject to restoration.

The term may be restored for another valid reason, recognized as such by the court.

Recognition of the reason for absence as disrespectful is grounds for refusal to satisfy the stated requirements, but not refusal to accept the citizen’s application for processing.

The Supreme Court of the Russian Federation explained the obligation of the courts, when a plaintiff files an application with a missed deadline, to take measures to clarify the circumstances that prevented a timely appeal to the court, as well as to investigate the actual circumstances of the administrative case (clause 42 of Review of Judicial Practice No. 4 for 2022).

Thus, the reasons for missing a procedural deadline will be recognized as valid if they arise objectively and are irresistible, but it is necessary to show the court the existence of a cause-and-effect relationship between missing a deadline and the objective circumstances due to which it was missed.

Onset of liability for criminal omission

As already written above, not every inaction should be considered criminal and punishable. A person must be obliged to perform a specific action due to a direct indication of this by law or other regulatory act, family or other relationships, contractual, official or professional duties.

As a rule, the banal duty to help one’s neighbor is not legal and is exclusively moral in nature.

Thus, criminal liability for inaction arises only in the case when a person is entrusted with obligations to act in a certain way, which are not implemented. The following legal facts and conditions may give rise to this obligation:

legislative or other regulatory act (for example, an instruction may impose responsibility for performing specific actions);
a sentence or other court decision that is binding, malicious evasion of such a decision is criminal;
family or other relationships - parents, guardians, trustees and other persons who have voluntarily assumed the obligation to provide assistance to a person who is unable to take care of themselves independently due to certain circumstances, bear full responsibility for failure to fulfill these obligations (for example, a mother who left her newborn child in a closed stroller without food and water for several days, resulting in the death of a child, will be criminally liable for murder);
contractual, official, professional duty - some professions require persons to perform their duties even during non-working hours (for example, doctors and law enforcement officers), in other cases liability arises only for inaction at the moment when the person was at the workplace. In addition, liability arises for failure to fulfill obligations that arise from an employment or other contract, for example, for non-payment of wages or improper storage of property.

When a person, through his own actions, has endangered the objects of criminal law protection, he bears full responsibility for the possible consequences of his actions. In this case, the person must have a real opportunity to perform the required action in a specific situation.

Signs and meaning of inaction

Like action, inaction has the ability to cause harm to objects of criminal law protection, is illegal, its signs are accessible to external observation. Criminal inaction is relatively rare in practice (about 5% of criminal cases), and it is also rare in criminal law: for example, in the Criminal Code of the Russian Federation of 1996, out of 260 main crimes, 65 can be committed by inaction.

Some states' criminal codes contain a statutory definition of omission. For example, the Criminal Code of Spain in Art. 11 determines that crimes and misdemeanors are committed by inaction, when failure to fulfill a special legal obligation imposed on the perpetrator is equated by law to the execution of a crime. Omission is equivalent to action when there is a special duty to act arising from law or contract, or when the offender, by a previous act or omission, has endangered a legally protected right.

In the modern world, the consequences of inaction can be very serious: examples include the collision of the steamer Admiral Nakhimov and the dry cargo ship Pyotr Vasev, a collision over Lake Constance, which resulted in numerous casualties.

Like action, inaction can be a single act of evasion from performing a certain action (for example, the inaction of a doctor who refused to accept and examine a patient taken to the hospital), or a system of such acts (evasion of paying alimony).

The moment when criminal omission begins is the moment when a person should have committed an action, but instead avoided doing so. Inaction ceases with the cessation of the obligation to act, when circumstances arise that make the action impossible, as well as in the case of voluntary cessation of inaction (which, as a rule, is expressed in a confession) or its forced suppression. Also, inaction loses its criminality when the corresponding act is decriminalized.

Objective side of the crime

In the criminal legal sense, the action also has social and legal characteristics, namely social danger and illegality. Therefore, it is not an action in the criminal legal sense to commit an act prohibited by criminal law, but due to its insignificance does not pose a public danger, for example, the secret theft of a pencil or several sheets of paper (theft) by one student from another.

Sources

https://biznes-prost.ru/zhaloba-na-dejstviya-dolzhnostnogo-lica.html
https://PravoVedus.ru/practical-law/criminal/otvetstvennost-za-prestupnoe-bezdeystvie/
https://murkapravo.ru/bezdeystvie-v-ugolovnom-prave/
https://myjus.ru/zhaloby/zhaloba-na-dolzhnostnoe-lico/
https://fssp.gov.ru/appeal_fssp