Write a complaint to the Investigative Committee

Reasons for contacting

According to statistics, citizens turn to the Investigative Committee for the following reasons:

The guilty verdict contains unreliable and unverified facts, evidence for which was not provided.
At the stage of the pre-trial investigation, the conditions of non-disclosure of personal data of the participants in the process were violated.
Investigative actions were carried out in violation of the norms of the Code of Criminal Procedure of the Russian Federation.
Signs of fraud in the actions of officials and other persons were identified.
Refusal to initiate criminal proceedings at the request of the victim.
Abuse of official authority by police officers.
Unlawful actions of the employer - delay of wages for three months or more.
Inaction or failure to fulfill direct duties by a bailiff.
Misconduct by a judge.

A complaint can also be filed with the Investigative Committee when other actions are taken against victims that have signs of a crime.

Who can complain

Accused, suspect, defendant and their defense attorneys.
The victim, the accuser, the plaintiff or their representatives.
Witnesses and witnesses.
Court and law enforcement officials.
Translators and experts.
Legal representatives of minors participating in the process.

If a citizen does not have any relation to the case under consideration, then he cannot have grounds to appeal the actions of an official.

Grounds for appeal

A complaint against an investigator is subject to consideration if there are compelling reasons, which may include any offenses committed by an employee of the Investigative Body. The illegal actions of the investigator, which can be legally appealed by filing an appropriate application (complaint), include the following:

Unreasonable refusal to open criminal proceedings;
Deliberate inhibition of the investigative process;
Unjustified closure of criminal proceedings;
Subjective (rather than objective) assessment of the information provided, distortion of available evidence, “judgment” of one side of the case;
Extortion of a bribe, threats, psychological pressure and other actions of an illegal nature taken in relation to one of the parties to the paperwork.

As practice shows, quite often, completely legal and justified actions of an investigator are interpreted by citizens as infringing and violating their rights and interests. For example: delay in the process of initiating a criminal case can play into the hands of criminals, allowing them to hide evidence or even leave the country. However, in some cases, in order to begin proceedings, it is necessary to obtain appropriate confirmation and evidence - otherwise the arrest will be considered illegal and the initiation of criminal proceedings will be groundless.

Finding such grounds often requires a lot of time and resources, therefore, before filing a complaint against an investigator, you should make sure that his activities really contradict the norms of the current legislation of the Russian Federation.

How to file a complaint

The legislation establishes the following methods for filing applications:

Personal visit to the local branch of the IC.
Personal appeal to the reception office of the central office of the Investigative Committee at the address: Moscow, st. 1st Frunzenskaya, 3-a.
Sending a written appeal to the address: 105005, Moscow, lane. Technical, no. 2.
By hotline telephone number: 8-800-100-12-60 or 8-800-100-12-70 – telephone number to contact the Chairman of the Committee. The direct line is available every 1st and 3rd Wednesday of the month from 14:00 to 19:00. All phone calls are recorded.
Through the Internet reception on the website: sledcom.ru/reception.

Department Order No. 17 establishes a single deadline for considering citizens' complaints - 30 days from the date of registration. The period for responding to a parliamentary request is 15 days from the date of registration.

Crime Reporting Form

In accordance with Article 141 of the Code of Criminal Procedure of the Russian Federation, a statement of crime can be made orally or in writing (must be signed by the applicant).

An oral statement about a crime is entered into a protocol, which is signed by the applicant and the person who accepted the statement. The protocol must contain information about the applicant, as well as documents identifying the applicant.

If an oral report of a crime is made during an investigative action or during a trial, it is entered into the appropriate protocol of the investigative action or the protocol of the court session.

Thus, a statement of a crime, as a general rule, is submitted either in writing or orally with the execution of an appropriate protocol on the acceptance of an oral statement of a crime.

In the event that the applicant cannot be personally present when drawing up the protocol, his application is drawn up in the form of a report on the discovery of signs of a crime.

Nowadays, Internet technologies are actively developing and law enforcement agencies do not bypass this process; you can file a crime report through Internet receptions located on department websites:

- https://sledcom.ru/reception - Internet reception of the central office of the RF IC; similar receptions are also available on the websites of territorial departments.

— https://МВД.рф/request_main — you can submit an application to the Ministry of Internal Affairs both directly to the central office and to territorial bodies (https://МВД.рф/contacts/sites).

In order to save time on going to law enforcement agencies, an application can be submitted through the Internet reception to the territorial department at the place where the crime was committed for a speedy registration process and receipt of the application by the executor to begin verification activities. Also, this procedure for filing an application is relevant when the applicant is geographically located far from the location of law enforcement agencies authorized to conduct an inspection of his application.

However, in order to register as quickly as possible and begin an inspection, you should submit a written application to the department authorized to conduct an inspection of the application.

When filing a statement about a crime, the applicant is warned of criminal liability for knowingly false denunciation in accordance with Article 306 of the Criminal Code of the Russian Federation, about which a corresponding note is made, certified by the signature of the applicant.

An anonymous report of a crime cannot serve as a basis for initiating a criminal case.

The application does not have any strictly regulated form. Samples of submitted applications, including an indication of whose name the application is being submitted, are posted in a place accessible to applicants on the premises of law enforcement agencies.

How to write a complaint against an investigator

Statements against investigators are written in case of gross violations of the norms of the Code of Criminal Procedure of the Russian Federation during the pre-trial investigation, fraudulent actions, official forgery, negligent attitude towards fulfilling one’s duties, etc.

In the process of writing an appeal, you must be guided by the following rules:

The essence is presented clearly and concisely.
The information reflected in the document is supported by references to legislative acts confirming the fact of unlawful actions.
For electronic requests, the number of characters in the text should not exceed 5000, and the maximum file memory size should not exceed 5 MB.

The document consists of the following blocks:

Introductory part - the full details of the recipient represented by the investigative body and the applicant are indicated.
Description – a detailed statement of the facts that gave rise to the appeal, indicating references to the article of the Code of Criminal Procedure of the Russian Federation.
A petition is a request to consider an appeal and take action in accordance with the law.
List of attached documents - all facts specified in the application must be supported by documents. Otherwise, the Investigative Committee may refuse consideration.

If circumstances are identified that are not addressed by the investigative authorities, the document is forwarded to the relevant department.

News

The main task of the investigative bodies of the Investigative Committee of Russia is to conduct checks on reports of crimes and investigate crimes classified in accordance with Art. 151 of the Code of Criminal Procedure of the Russian Federation to the jurisdiction of investigators of the Investigative Committee of Russia.

These are grave and especially grave crimes - murder, causing grievous bodily harm resulting in death, rape, sexual assault, kidnapping, hostage-taking, corruption crimes - taking and giving bribes, malfeasance - abuse of power and abuse of power, tax crimes. The investigative jurisdiction of the Investigative Committee of Russia includes certain crimes of minor and medium gravity - violation of the inviolability of the home, violation of safety rules when conducting mining, construction or other work, production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements .

Investigators of the Investigative Committee of Russia also investigate serious and especially serious crimes committed by minors or against them, and crimes committed by special subjects - deputies and candidates for deputies of various levels of government, judges, prosecutors, investigators of all law enforcement agencies, lawyers, etc.

Based on the specified norm of the criminal procedural legislation of the Russian Federation, the bodies of the Investigative Committee of the Russian Federation are subject to consideration on the merits of appeals (complaints) regarding the consideration of reports of crimes falling within the competence of investigators of the Investigative Committee of Russia, and the investigation of criminal cases in their proceedings.

Applicants are accepted by officials of the investigative department on issues of appealing actions (inaction) and decisions of lower-ranking officials of the investigative department (territorial investigative bodies) and proposals on the activities of the bodies of the Investigative Committee of Russia.

Please note that the Russian Investigative Committee does not have control and supervisory powers in relation to the police, other law enforcement agencies and other government bodies. The investigative bodies of the Investigative Committee of Russia do not have the right to assess the legality of actions (inaction) and decisions of officials of the police, other state bodies, and local government bodies that are not related to the preparation or commission of crimes by them.

In addition, the bodies of the Investigative Committee of Russia do not have the power to appeal or cancel judicial acts in civil or criminal cases. Appeals against court decisions by interested parties are carried out in accordance with civil, criminal and administrative procedural legislation by appealing to the appropriate higher court.

In accordance with paragraphs. 1.3 tbsp. 8 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation,” a citizen sends a written appeal directly to that state body, local government body or that official whose competence includes resolving the issues raised in the appeal.

In the event that a written appeal containing issues the solution of which is not within the competence of a state body, local government body or official, it is sent within seven days from the date of registration to the relevant body or the relevant official whose competence includes the decision questions raised in the appeal, with notification to the citizen who sent the appeal that the appeal has been forwarded.

In connection with the above, in order to quickly resolve the merits of appeals on issues that are not within the jurisdiction of the investigative bodies of the Investigative Committee of Russia, the Investigation Department recommends that citizens contact directly the government bodies authorized to resolve relevant issues.

How to write a complaint against the police

In case of excess of authority and established restrictions during the performance of official duties, citizens can write a complaint against the actions of the police, including to the Investigative Committee.

The general writing requirements are identical to statements that are written in response to unlawful actions of the investigator. The document also describes in detail the circumstances that preceded the unlawful act on the part of the police.

When drawing up a claim, the emphasis is on Article 3-FZ “On the Police”, which provides for service instructions for the work of police officers.

Regulatory regulation of filing a crime report

The procedure for filing an application for committing a crime, in addition to the mentioned Code of Criminal Procedure of the Russian Federation, is regulated by departmental regulations, namely:

— Instructions on organizing the reception, registration and verification of reports of a crime in the investigative authorities (investigative units) of the system of the Investigative Committee of the Russian Federation, which is an annex to the order of the Investigative Committee of the Russian Federation dated October 11, 2012 No. 72.

— Instructions on the procedure for receiving, registering and resolving in the territorial bodies of the Ministry of Internal Affairs of the Russian Federation statements and reports of crimes, administrative offenses, and incidents, which is an annex to the order of the Ministry of Internal Affairs of Russia dated August 29, 2014 No. 736.

How to write a complaint against an employer

Statements about violations of labor legislation are not considered so often by the Investigative Committee, but when such requests are received, representatives of the committee are obliged to respond to them. In most cases, collective complaints are sent to the Investigative Committee with claims against the employer for systematic abuse of official authority and non-payment of wages.

In the process of writing the paper, the essence of the appeal is outlined in detail. If necessary, you can consult a lawyer if you do not have a clear understanding of how to correctly draw up a document. Applicants need to remember that if they indicate false data in a document, they may be prosecuted under Art. 306 of the Criminal Code of the Russian Federation.

How to write a complaint against a judge

A judge is a separate participant in criminal and civil trials, enjoying immunity. But if he commits a crime or offense, he can also be brought to criminal or administrative liability through removal of judicial immunity (FZ-3132-1 “On the status of judges of the Russian Federation”).

The procedure is complex, therefore, in order to carry it out, the claim on the part of the victim must be justified and supported by evidence. One of the options for holding a judge accountable is a complaint to the Investigative Committee. The agency has the right to carry out investigative actions against judges, but the decision to initiate criminal proceedings is made only by the chairman of the committee.

The document also consists of an introductory, descriptive, pleading part and an appendix, which indicates the attached documents. The standard review period is 30 days.

Refusal to accept a complaint to the Investigative Committee

Acceptance of an application may be refused:

in the absence of corpus delicti in the reflected facts;
the application cannot be considered by the Investigative Committee, since this is not within the competence of the body - in such cases, an explanation is made about which department has the right to consider such documents;
rude and aggressive behavior of the applicant or being intoxicated.

Even if the document is accepted for consideration, the result for the applicant can be either positive or negative. If a citizen is not satisfied with the decision of the Investigative Committee, he has the right to appeal to higher authorities or send a statement of claim to the court.

Drawing up a complaint

The speed and success of its consideration and satisfaction of the applicant’s demands depends on how correctly and correctly the complaint is drawn up.

Despite the absence of a legally established form for this document, when drawing it up, certain structural and content features should be adhered to. So, when drawing up a complaint against an investigator, you should make sure that it contains the following information:

Full and exact name of the authority to which the application will be submitted;
Details of the applicant (last name, first name, patronymic, residential address, contact phone number);
A detailed and chronological statement of the essence of filing an application, legislative support for the violations voiced;
A list of documentation confirming the applicant’s words voiced in the main part of the application, in other words, the available evidence base;
Date of application, personal signature of the applicant.

If a complaint is submitted through a proxy, it must include the details of that person. In addition, a notarized photocopy must be attached to the main application.

When filling out the application, you should adhere to a business style; you should also make sure that the text of the document does not contain obscene language, abbreviations, abbreviations, foreign words, stylistic, grammatical and other types of errors.

Sample

Sample complaint against the actions of an investigator.doc