Submit an application to the prosecutor's office in 2022: instructions and sample

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The prosecutor's office in the Russian Federation is a separate authority that is not part of any of the branches of government, namely legislative, executive and judicial. This determines the special position of the supervisory body, whose powers include considering complaints from citizens about the actions or decisions of employees of government agencies.

It should be noted that the legislator gives citizens the right to appeal decisions (actions, inactions) of prosecutors, among other things. Thus, a complaint against a prosecutor’s office employee can be submitted to a higher official or to the President of the Russian Federation. In order to ensure that a citizen’s rights are not violated and that employees’ decisions are legal and justified, it is necessary to know not only the general rules of appeal, but also a number of nuances characteristic of the supervisory authority. The presented article will help you understand this difficult matter and answer the most complex, pressing questions on this topic.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

When can you complain about a prosecutor?

IMPORTANT
The prosecutor's office is headed by a prosecutor. Next in the hierarchy is the deputy prosecutor. The following employees of the prosecutor's office occupy the positions of "assistant" and "senior assistant" prosecutor. All of these employees have class ranks and are required to wear a blue uniform and shoulder straps. In addition to the above positions, the prosecutor's office has positions in the state civil service: secretary, head of the office, archivist, driver, and the like. They do not wear uniforms or shoulder straps and are not legally employees of the prosecutor's office. Therefore, a complaint against a prosecutor’s office employee means a complaint against the prosecutor (the concept also includes his assistants).

Prosecutor's offices are special structures that are not included in any of the branches of government (executive, legislative and judicial), which is determined by their tasks and functions. These include supervision, that is, citizens send complaints against employees of other government bodies to the prosecutor's office. However, despite the special status of the prosecutor's office, decisions, actions and inactions of their employees can also be appealed by citizens in the prescribed manner. So, paragraph 15 of Art. 21 of the Federal Law “On the Prosecutor’s Office” determines that the actions and decisions of the prosecutor can be appealed by citizens. At the same time, the legislator does not establish specific grounds upon which the applicant can file a complaint against a prosecutor. The grounds for complaint are:

1. Direct violation of the current legislation by the prosecutor's office employee.
2. In the case of a criminal case, the prosecutor is inactive and does not adequately exercise control over the work of the preliminary investigation bodies.
3. The citizen sent a complaint to the prosecutor's office, to which the prosecutor's office employee responded with a formal reply.
4. There is obvious abuse of official powers by an employee of the prosecutor's office.
5. The actions of prosecutors are seen as forms of extortion or any influence on citizens.
6. The applicant's appeal was left without consideration without a reasoned response.
7. The deadlines allotted for carrying out inspection activities are violated.
8. In the activities of the prosecutor, insults or humiliation of the honor and dignity of a person can be traced.
9. Other.

Attention
In each specific situation, the applicant has the right to analyze the current situation and independently decide whether there are real grounds for filing a complaint against the prosecutor or not.

Results of consideration of the appeal

Based on the results of studying the circumstances of the case, the prosecutor makes a decision on full or partial satisfaction of the requirements or refusal. In the first case, the procedural actions that were carried out to speed up the consideration of issues are indicated.

The applicant is immediately notified of the results of the consideration of the issue and the appeal procedure. In some cases, the document remains unanswered. These include:

• Absence of the applicant's full name and contact information for sending an official response.
• The complaint does not contain sufficient information for its successful resolution.
• The prosecutor cannot determine the essence of the appeal.
• The document contains information indicating direct interference in the activities and competence of representatives of the prosecutor's office.
• The text is unreadable, there is information about the applicant, but it is impossible to read.
• The document contains obscene language and threats against prosecutors or other persons.

Measures of influence on an employee of the prosecutor's office

The Federal Law “On the Prosecutor's Office of the Russian Federation” provides for a wide range of measures of influence on employees who have not fulfilled (improperly performed) their duties or have committed misconduct. Art. 41.7 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” provides for the following types of disciplinary measures following a complaint against the actions of prosecutors:

1. Comment.
2. Reprimand/severe reprimand.
3. Demotion in rank.
4. Deprivation of an employee of the badge “For Impeccable Service in the Prosecutor’s Office of the Russian Federation” or the badge “Honorary Worker of the Prosecutor’s Office of the Russian Federation.”
5. Incomplete compliance warning.
6. Dismissal.

As a general rule, disciplinary measures can be taken by the heads of bodies (organizations) of the prosecutor's office (clause 1 of article 41.7 of the Federal Law "On the Prosecutor's Office of the Russian Federation"). In addition, the Prosecutor General of the Russian Federation is also vested with this right.

Ways to file a complaint against a prosecutor

Due to the fact that citizens' complaints against prosecutors are subject to the same requirements as for any other appeals, some rules will be uniform. Thus, in accordance with clause 2.1 of 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 No. 45 of January 30, 2013 (hereinafter referred to as the Instruction approved by the Prosecutor General's Office No. 45), the following methods of filing an appeal in relation to prosecutor's office employee:

1. At a reception with a supervising employee of the prosecutor's office in person - both in writing with a previously prepared document, and orally.
2. Through the office (secretariat) - also in any format.
3. Verbally via a helpline.
4. Using means of communication, namely post offices, an appeal can only be sent in the form of a registered letter with an inventory attached.
5. Mailbox “For requests and applications.”
6. Through information technology, that is, through an Internet portal.
7. The email address indicated on the website of the prosecutor's office to which the appeal is sent.

IMPORTANT
When sending documents through a personal reception or office, it is necessary to prepare a complaint in two copies. One appeal is handed over to the employees, and the second is marked with acceptance and a number, after which it remains with the applicant.

How to submit an application to the prosecutor's office

Another pressing question is how to submit an application to the prosecutor’s office? There are several current ways to submit applications after you have been able to write them:

In writing

A written complaint can be submitted by any convenient method. For example, bring it to the prosecutor's office, send it by registered mail. But if you use postal delivery, be sure to choose the method with delivery receipt.

Orally

The format of the appeal under consideration can be used in a personal meeting with a representative of the prosecutor’s office in the performance of his duties. You can also call the hotline or contact using the media as intermediaries.

Electronic means of communication - online

An online application to the prosecutor's office can be submitted directly on the website of the local prosecutor's office, although you can contact the regional office. There are specialized forms on the online platform - you just need to fill them out. Although you can do it easier - send the document by official email.

Decide for yourself how to submit an application to the prosecutor’s office, because each method has its pros and cons. But if you send documents online, it will take less time and require minimal effort.

How to file a complaint against the actions of an employee of the prosecutor's office?

The sequence of actions when filing a complaint against employees of the prosecutor's office is not regulated by law, but at the same time it is not particularly complicated. In general, the algorithm of steps can be presented as follows:

1. Establishing the fact of violation of human rights, freedoms or legal provisions - determining the basis for filing a complaint.
2. Determination of the authority to which the application will be sent (to do this, use the table below).
3. Preparation of the document and collection of necessary attachments to it (if necessary).
4. Sending an appeal to the authorized government body in any convenient way.
5. Receiving a message (the second copy of the complaint) about the acceptance and registration of prepared materials.
6. Receive a response and make a decision regarding the need for further proceedings. At this stage, the applicant can form a new appeal and appeal the decision to a higher authority.

In order to understand the authority to which a complaint against the actions of prosecutors will be sent, you can refer to the table below.

Right to anonymity

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

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

Deadlines for consideration and response to a complaint

The process of filing, considering and resolving any complaints against various officials is regulated by the provisions of Federal Law N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” Art. 12 of this law establishes a duration of 30 days from the date of registration of a written appeal in the office of a public authority. In addition, the Instruction approved by Order of the Prosecutor General's Office of the Russian Federation No. 45 also applies to the prosecutor's office. Clause 5.1 of the said Instruction regulates the same duration during which employees must make a decision on the appeal.

In the event that an additional check is carried out on the application, a request for materials is issued, or other difficulties arise, the established 30 days can be extended, but not more than for another 30 days (clause 5.8 of the Instructions, approved by order of the Prosecutor General's Office of the Russian Federation No. 45).

For your information

The President of the Russian Federation also considers the complaint within 30 days from the date of registration with the relevant Department. The judicial procedure for considering a complaint, regulated by Art. 125 of the Code of Criminal Procedure of the Russian Federation, is characterized by a short period of time - 5 days (clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1 of February 10, 2009).

Reasons

The prosecutor's office acts as a government body whose main purpose is to oversee compliance with the rights and legitimate interests of citizens, as well as the implementation of laws by executive authorities, legal entities and law enforcement officers.

You can complain to the prosecutor's office in the following cases:

1. In case of inaction or illegal actions of prosecutors (for example, in the process of initiating or terminating a criminal case).
2. If you are dissatisfied with the result of consideration of the appeal to the prosecutor.
3. If there is no response to a complaint received against an employee of the city or district prosecutor's office.
4. In case of violation of the deadlines for consideration of the received application.
5. If the official committed a crime . For example, in case of extortion, abuse of power and official position.

When filing a complaint, you must be guided by the Order of the Prosecutor General, the Law on the Prosecutor's Office, the Constitution, and the Code of Criminal Procedure.

Sample complaint against prosecutors

The legislator has not developed separate forms, which allows the applicant to create a document in free form. At the same time, clause 2.8 of the Instruction, approved by order of the Prosecutor General's Office of the Russian Federation No. 45, establishes that the following information must be indicated in an application with a complaint against a prosecutor's office employee:

1. The name of the body to which the complaint is sent, as well as the full name of the head of this structure.
2. Full name of the applicant, indicating telephone number and email, as well as address.
3. The main part is a concise and substantiated statement of the essence of the complaint, the circumstances of the violation committed with references to the law of the Russian Federation, as well as an indication of exactly what rights and interests of the citizen were not respected by the official.
4. The pleading part is the demands that the citizen puts forward, that is, what, in his opinion, should be done against the offender.
5. The list of applications is not necessary, but if there is a link to them in the application, then you need to attach documents.
6. Date of application and signature of the citizen.

In order to see the structure of the statement clearly, you can refer to the following example.

Complaints about the actions of an employee of the prosecutor's office can be found here.

Common Causes

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

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

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

Complaint against a prosecutor’s office employee online

Due to the fact that in most cases a complaint against the prosecutor is sent to a higher authority, special attention should be paid to the procedure in this case. The legislator provides the citizen with the opportunity to submit an application online. To do this, follow these steps:

1. First you need to follow the link: epp.genproc.gov.ru

   

2. A page for applications to the Prosecutor General’s Office of the Russian Federation will open, on which you should click on the “Authorization” button.
3. The State Services portal page will open on the next tab, where you should enter your phone number and password, and then click on the “Login” link.

   

4. In a few seconds, the portal of the General Prosecutor's Office of the Russian Federation will open again, namely, the service tab for submitting appeals by citizens to the Prosecutor's Office of the Russian Federation. The page describes the procedure for providing the service, and also flashes a blue floating “Submit Appeal” button, which the user should click on.

   

5. A form will open on a new page, filling which the citizen will form and send an appeal to the prosecutor's office. Due to the fact that the user initially logged in to State Services, many form fields will be filled in automatically. A person will only need to choose the authority to which the appeal will go, as well as the essence of the application and its content. If necessary, if you need to attach applications, this can be done in the form of scans in a separate position. At the very end, when all positions are filled, you need to press the “Submit Appeal” button.

IMPORTANT
A message will appear in the citizen’s personal account stating that an application with a complaint against a prosecutor’s office employee has been received by the prosecutor’s office and registered in the prescribed manner.

Writing rules

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

The complaint must contain the following information:

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

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

What to do if there is no response to a complaint against a prosecutor?

Consideration of complaints is an obligation, and not a right, of the prosecutor, the President of the Russian Federation or a judge, which indicates the obligation to make a decision on the relevant application of the person. In the event that a statement of complaint against an employee of the prosecutor’s office remains unattended and no response has been received, the citizen needs to do the following:

1. Find the office number and clarify (using the number received when registering the complaint) who is the executor of the application.
2. Contact the contractor and clarify at what stage of consideration the submitted material is. There may be several options: the answer has been sent, which means you need to wait and receive it; the decision has not been made, which means it is necessary to clarify the reasons for the current situation; The answer was given a long time ago, which means we need to figure out what happened.
3. If the materials were previously reviewed and a notification was sent to the applicant, it is necessary to contact the prosecutor’s office with a separate application in free form with a request to familiarize yourself with the inspection materials. Based on this application, the prosecutor makes a decision within 10 days and, if necessary, familiarizes the person with the documents (Clause 4, Article 5 of the Federal Law “On the Prosecutor’s Office”).
4. If a clear answer is not received from the prosecutor’s office, deadlines are violated and the complaint is left unattended, it is recommended to contact a higher prosecutor’s office.

Attention:
If a citizen gets acquainted with the inspection materials, then during the process he can also make copies of them at his own expense, or take photographs using his own technical means.

When can you contact your superiors?

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

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

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

Complaint to the Prosecutor General

The General Prosecutor's Office of the Russian Federation is also one of the authorities that considers complaints against prosecutors. At the same time, in accordance with clause 2.6 of the Instruction, approved by order of the Prosecutor General’s Office No. 45, this instance considers applications from citizens on the basis of violations committed by employees of the regional, regional and other prosecutor’s offices operating within a constituent entity of the Russian Federation. The procedure, timing and features of consideration of submitted materials remain general.

In order to formulate an appeal to the General Prosecutor's Office of the Russian Federation, you can use the following sample at the link here.

Authority

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

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

The prosecutor also supervises the execution of sentences.

Complaint against a prosecutor's office employee for abuse of official position

The prosecutor is a source of a wide range of powers that must be used exclusively for official purposes, strictly regulated by the Federal Law “On the Prosecutor’s Office”. The use of official position for personal, mercenary purposes constitutes a crime in accordance with Art. 285 of the Criminal Code of the Russian Federation. In the event that a citizen has discovered signs of this criminal offense in the actions of the prosecutor, it is necessary to contact the relevant authorities with a statement, namely, the Investigative Committee of the Russian Federation (clause a) clause 1, part 2 of art. 151 of the Code of Criminal Procedure of the Russian Federation). In this case, the person’s appeal will not be called a complaint, but a report of a crime, which must be registered and verified in the prescribed manner. If employees of the RF Investigative Committee confirm the fact of a violation, a criminal case is initiated and subsequently referred to court.

Responsibility of prosecutors

The legislator currently provides for several types of liability. Depending on the degree of severity, the following forms of measures of influence on an employee of the prosecutor’s office can be distinguished:

1. Disciplinary – provided for in Art. 41.7 Federal Law “On the Prosecutor’s Office” and departmental regulations. It is the mildest type of liability and includes a system of measures to influence the offender. The peculiarity is that the provisions of this law apply only to prosecutors.
2. Administrative - determined by the Code of Administrative Offenses of the Russian Federation, the provisions of which establish the elements of the offense. The Code of Administrative Offenses of the Russian Federation defines various elements of unlawful behavior that can be committed by a prosecutor during the performance of his duties.
3. Criminal - regulated by the provisions of the Criminal Code of the Russian Federation. Thus, the code contains a number of crimes that can be committed by a prosecutor and, accordingly, the penalties applied to him. For example, Art. Art. 285, 286, 290, 291 of the Criminal Code of the Russian Federation and others. This type is the most stringent type of liability.

Nuances

Appeals against decisions or actions of prosecutors are a vital mechanism for protecting human rights and are subject to strict rules and requirements. In order to understand the essence of the procedure, you need to know not only the general provisions, but also the following nuances:

1. Each complaint against prosecutors is considered by higher government agencies according to the rules of jurisdiction. For example, filing an appeal against a district prosecutor with the Prosecutor General's Office of the Russian Federation is not allowed; you must first send an application to the city, then the regional authority, and only then to the Prosecutor General's Office.
2. The application must indicate the applicant's current telephone number and address. Otherwise, the notification with the decision may not reach the recipient.
3. If an appeal against the prosecutor is sent to court, you should contact the district or city authority. Magistrates are not authorized to consider these applications.
4. The legislator does not oblige the provision of evidence in support of the complaint, however, documentary or material evidence of the applicant’s arguments will significantly increase the chances of the application being granted.
5. An electronic statement about a crime committed by the prosecutor should be submitted through the following portal: https://sledcom.ru.
6. An appeal to the President of the Russian Federation with a complaint against the prosecutor can be sent through electronic reception terminals, the locations of which are indicated here: https://letters.kremlin.ru/receptions/electronic In addition, you can send an appeal through the electronic portal: https://letters .kremlin.ru/letters/claim/form

General requirements for application

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

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

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