Where to complain about the local police officer? Responsibilities of the local police commissioner

Russians are not used to turning to the police for help. What's the point of going there if our government officials are in no hurry to protect ordinary citizens? But sometimes you still have to go to the local police officer.

This is where the citizen is faced with complete indifference. The district police officer is not only not eager to help resolve the problem, but he can also be rude. Where to complain about a local police officer who does not want to work properly? And is it really possible to defend your rights? Let's find out.

Responsibilities of a local police officer

Before we start talking about complaints against a police officer, let's understand his responsibilities. The local police officer cannot always help the person asking. Not from harmfulness, but from the fact that he does not have the authority to do this.

So, what should a representative of the law do?

Ensure the safety of citizens.
Respond promptly to complaints.
Receive information about various violations and forward them to the relevant departments.
Respond to reports of impending crimes and other violations of order. Conduct checks on this matter.
Bring to the attention of applicants the results obtained during the inspection on their issue.
Respect the rights and interests of persons seeking help.
Provide first aid to injured persons.

And these are not all the job responsibilities of a local police officer. There are points in the instructions regarding his interaction with management. But this no longer applies to you and me - ordinary citizens.

As can be seen from the list, respecting the rights and interests of citizens, as well as responding to their appeals, is among the responsibilities of district police officers. What do we see in reality? Nobody is in a hurry to help citizens, they explain this with an indifferent expression on their faces. Sometimes with comments in the style: “this is not within the powers of the local police inspector.”

It's not true, it's included. Everything is spelled out in the job description. A government representative is obliged to help a citizen who contacts him.

What if the district police officer knows that he is obliged? But he doesn’t want to do this at all? Then we have every right to complain about him. It’s my own fault; I should have responded to the statement.

Sample

Sample complaint against a district police officer.doc

Filing a complaint to the prosecutor's office

Appealing to higher authorities does not always give the desired result. Sometimes inaction can be found not only on the part of the district police officer, but also on his immediate superior. In this case, you need to contact other bodies whose responsibilities include monitoring the performance of official duties by employees of certain departments. Such a body is the prosecutor's office, which carries out the necessary checks upon citizens' appeals. You need to contact the prosecutor's office of the same district where the police station is located.

Now let's talk about the timing of consideration of applications. If the application was filed on the basis of dishonest performance of duties during the investigation of a criminal case, then a response to the application must be given no later than 3 days after its filing. It is allowed to increase the time frame for considering a complaint to the prosecutor's office. This is possible if there is a need to request certain documents. In this case, the period for consideration and sending the response to the applicant should be no more than 10 days.

All other complaints are considered according to a certain algorithm, which is prescribed in Federal Law No. 59 of 2013. The fundamental factor that contributes to resolving the issue in favor of the applicant is the preparation and submission of an application.

There are certain requirements for applying for a district police officer, but there is no universal form to fill out. In order for an application to be verified, it is enough to provide all the necessary information, maintain a business style of writing and not use phrases that insult the persons referred to in the application.

The statement itself can be divided into three parts:

A cap;
Main part;
Conclusion.

The header indicates the full name of the prosecutor's office, personal and contact information, as well as the full name of the prosecutor's office employee to whom you entrust the inspection. The main part should contain a full description of the reasons for contacting the police, what was done by the local police officer upon the complaint, and why you do not agree with what measures were taken by the police officers. The final part contains the date of the complaint and the signature of the applicant. Also, do not forget that the application must contain a list of attached documents. As documents, an official response from the district police officer or other police officers, certificates and evidence confirming the commission of a crime are attached to the main application.

The complaint to the prosecutor's office is considered within a 30-day period. This period is correct in cases where the prosecutor needs to involve third-party organizations and request additional documents. In all other cases, the applicant must be informed of the results of the inspection no later than 15 days from the date of application.

The response received from the prosecutor's office must be justified from the point of view of legislation and have links to official documents. If the requirements set forth by the applicant were not satisfied, then there must also be a legal justification for this, and the response must contain a procedure for appealing the decision received.

Appeal to judicial authorities

If appeals to the boss and the prosecutor's office did not give the desired result, then you can try to restore justice in court. This possibility is enshrined at the legislative level. According to Article No. 22 of the Code of Administrative Proceedings, it is possible to attract police officers who perform their duties in bad faith.

Also, do not forget that, according to Articles 52 and 53 of the Constitution of the Russian Federation, citizens have the right to receive compensation if a person is faced with arbitrariness of power and has suffered certain losses or suffered harm to his health. This possibility is also confirmed by the civil code, according to Article 1069 of which, when damage is caused to a citizen of the Russian Federation by an official, the injured party must be paid compensation from budget funds, and the culprit is obliged to compensate for all damage and return the funds paid to the victim from the state treasury.

Separately, it is worth mentioning the issue regarding the procedure for considering the case. It is carried out in civil proceedings. You must contact the court located on the territory of the police station to which the local police officer is assigned. If the decision is made in favor of the applicant, then he will be entitled to a payment, which is made in accordance with the procedure approved in Part 1 of Article No. 24 of the Budget Code of the Russian Federation.

The procedure for conducting the trial is quite simple. Within 5 days from the date of application, the judge is obliged to consider the application, prepare all the necessary documents and hold a court hearing at which the complaint is considered. After reviewing all attached documents, an appropriate decision is made. If it does not satisfy the plaintiff and violates his rights, then a complaint can be filed against the judge.

Appeal to the Commissioner for Human Rights

You should contact the Ombudsman if none of the methods described above gave the desired result. The responsibilities of the Human Rights Ombudsman include re-examining the complaint, which is carried out in the presence of the relevant structures. You can contact the Commissioner within a year from the moment the applicant’s rights were violated.

Online application

We found out where to complain about the local police officer. But how to do this if there is absolutely no time to go to court, to the head of the Internal Affairs Directorate or to the prosecutor’s office with a statement?

This is why online receptions were invented. We go to the official website of the Ministry of Internal Affairs, select the “Online service” tab, the “Reception of applications” subsection, and then we find the department we want to contact and file a complaint against the local police officer.

This request can be tracked online. And its results will be sent by email, or you will be contacted at the specified phone number (if you write it).

On the website of the Prosecutor's Office we look for the “Internet reception” tab. We select the document we need, state our question and send it for consideration.

Where can I complain?

The opportunity to complain about a local police officer is directly provided for in Article 53 of the Federal Law “On Police”, according to which if a local police officer is inactive or violates the law, you can file a complaint with a higher authority or a higher official, the prosecutor’s office of the Russian Federation, or the court.

Head of territorial department

First of all, you should file a complaint about the inaction of the local police officer to the chief of police of the territorial department. The head of a department has the authority to apply disciplinary sanctions to his subordinates and can oblige them to do their work in good faith. First, you can try to solve the problem quickly and simply come to a personal meeting with the head of the territorial department. You can find the contacts of the desired territorial department on the website of the Ministry of Internal Affairs of the Russian Federation.

At the reception, you will need to describe the situation and inform about your intention to file complaints with all authorities. Quite often this is enough to restore justice. If the authorities do not cooperate, you will have to file a complaint against the local police officer in writing in accordance with the general procedure, which will be described below.

CSS

Within the structure of the bodies of the Ministry of Internal Affairs of the Russian Federation, a special body has been created to monitor compliance with the law by police officers: the Department of Internal Security of the Ministry of Internal Affairs of the Russian Federation. The CSS accepts requests from citizens related to the commission of a crime or other offense by an employee, civil servant or employee of the Russian Ministry of Internal Affairs system.

Internal security bodies exist within the structure of the regional Main Directorates of the Ministry of Internal Affairs. You can find out their contacts on the corresponding website or through the helpline of the Ministry of Internal Affairs in your city.

You can also directly contact the Main Directorate of Internal Security of the Ministry of Internal Affairs of Russia in the following ways:

by submitting a written complaint through the reception office of the Ministry of Internal Affairs of Russia (Moscow, Sadovaya-Sukharevskaya St., 11) or through a mailbox installed in the administrative building of the Ministry of Internal Affairs of Russia (Moscow, Zhitnaya St., 16);
by mail to the Main Directorate of Security of the Ministry of Internal Affairs of Russia (107078, Moscow, Sadovaya Spasskaya St., 1/2);
you can file a complaint against a local police officer online on the official website of the Russian Ministry of Internal Affairs;
via the federal “helpline” numbers included in the Russian Ministry of Internal Affairs hotline system.

Prosecutor's office

The Prosecutor's Office of the Russian Federation supervises compliance with the law, including the legality of the actions and decisions of employees of internal affairs bodies. However, the prosecutor cannot replace other control authorities, so you should contact him only after all possibilities to solve the problem within the structure of the Ministry of Internal Affairs of the Russian Federation have been exhausted.

We have already written about how to file a statement with the prosecutor’s office against a local police officer.

Sample application

Court

The actions and decisions of the district police officer can be appealed in court. The most common reasons for going to court are:

appealing protocols on administrative offenses and other documents drawn up by the district police officer;
compensation for material and moral damage caused by the unlawful actions of the district police officer.

A statement of claim in such cases should be filed with the district court at the location of the police department where the offending district police officer works. In this case, the defendant will not be the district police officer himself, but the Ministry of Internal Affairs of the Russian Federation.

Application deadlines

The time frame within which a citizen can file a claim should be taken into account. If deadlines are missed, they can be restored, but this will be very difficult.

an appeal against a decision in a case of an administrative offense is possible within 10 days from the date of its receipt;
claims for compensation for harm caused to life and health, as well as moral damage, are not subject to the statute of limitations;
The general period for appealing actions and decisions of officials is 3 months.

Procedure for filing a claim

To sue a local police officer, you need to:

Pay the state fee. The amount of the state fee depends on the requirements specified in the claim. There is no state fee to be paid for appealing administrative decisions. A receipt for payment of the state duty is attached to the claim in court.
Send a copy of the claim by registered mail with return receipt requested to the appropriate police department. The shipping receipt must also be attached to the claim.
File a lawsuit with all attachments. You can do this in one of the following ways:
send the claim by registered mail to the court;
use the electronic system of GAS Justice and send documents electronically in PDF format. This will require authorization through the ESIA.

If the claim is satisfied, the court will decide to cancel the appealed decision, collect compensation for damages, hold the district police officer accountable, etc. If you disagree with the court decision, you can appeal it to higher authorities.

Written appeal

A sample complaint about the inaction of a local police officer is issued upon direct contact with certain authorities. Come to the organization of your choice and file a complaint against the local police officer who refused to help.

How to write a complaint? We have already said that her sample will be given out. But you need to know that the complaint must be written correctly. It is unacceptable to use swear words and slang words, or an overly emotional description of the commissioner’s inaction.

The complaint must contain the following information:

last name, first name and patronymic of the applicant;
his residential address;
last name, first name and patronymic of the district commissioner;
the essence of the complaint (described dryly, without unnecessary emotions);
full name of the body to which the complaint is filed;
materials confirming the inaction of a police officer (precinct officer, in our case).

What are the consequences for a police officer if he fails to perform his duties?

According to the legislation of the Russian Federation, a police officer may be held accountable for dishonest performance of his duties or inaction. The punishment depends on what violation was committed by the precinct commissioner. A negligent law enforcement officer may be subject to:

Criminal liability;
Administrative responsibility;
Disciplinary responsibility;
Civil liability.

Police officers who have committed serious crimes face criminal prosecution. Administrative liability is imposed for failure to comply with the disciplinary regulations. An example of such a violation may be the dishonest performance of direct duties. Typically, administrative responsibility is expressed in the form of a reprimand, warning, and in extreme cases, dismissal from office.

Disciplinary liability occurs in cases where law enforcement officers do not comply with internal documents regulating the behavior of employees. The district police officer faces civil liability if the court sides with the applicant and makes an appropriate decision.

What are these materials?

We told you where to complain about a local police officer if he is inactive. And then it turned out that some materials were needed. What it is?

First of all, the statement you submitted to the district police officer.
An audio or video recording of a conversation confirming the police officer’s refusal to listen to your problem.

It’s more difficult with the latest materials, that’s understandable. And you may not have a copy of the application on hand. What to do in this case? Demand to request the case materials, that is, a statement confirming the appeal to the local commissioner.

Reasons for filing a complaint against a local police officer

You can file a complaint against a local representative of the internal affairs bodies for two main reasons.

Inaction of the local police

The inaction of a police officer is understood as ignoring statements from citizens or formally considering the circumstances of the case. For each appeal, the district police officer is obliged to conduct an inspection, establish and record the fact of violation of the law, and apply legal methods of influence to violators.

If this does not happen, then there is every reason to believe that the government representative is negligent in the performance of official duties, allows formalism and criminal inaction in his work, which can lead to dire consequences.

Actions of the district police officer

In this case, we are not talking about negligence, but about deliberate violation of the legal rights of citizens.

Frequent grounds for complaints in this case are:

Unlawful detention or search;
The use of methods of psychological or physical influence on detained citizens;
Interrogation of minors in the absence of parents or legal representatives.

The reasons for appealing the actions of a representative of the law may be more serious, for example, extortion or “protection” of a business in the jurisdiction.

It is important

When contacting the district police officer in writing, be sure to make a copy of the application. You give the first one to him, and on the second one, ask him to put the date of acceptance of the application, the registration number and the signature of the policeman, proving that he accepted the application.

If he refuses, hint that you will go with this statement to the immediate superior of your local police officer. Or even to the head of the Internal Affairs Directorate. As a rule, this sobers up the law enforcement officer. He will immediately accept the application and sign your sample.

By the way, when you file a complaint with the appropriate authorities, make a copy of it. You give one, and on the second they give you the registration date and the number assigned to the complaint.

Where to complain?

If you decide to file a complaint against a local police officer, then first determine the local police officer’s place of work and write a complaint addressed to his boss. In most cases, such complaints are resolved positively in favor of the complainant.

Attention! If the head of the unit takes the side of his employee, then you need to contact the following higher authorities: the court or the prosecutor's office.

They go to court when there is confirmation and evidence of violations by a law enforcement officer, as well as evidence that moral or material damage has been caused. They draw up a statement of claim and, if necessary, can use the services of a lawyer.

Download a sample complaint against a local police officer

If, after a trial, the district police officer is found guilty, he will face administrative or criminal punishment. Having evidence that the local police officer caused damage, submit an application immediately; there is no need to postpone such a case.

When the actions of the local police officer are not legal or the police officer does nothing at all when you contact him with your problem, then you should contact the prosecutor’s office. After such a complaint, the district police officer’s workplace will undergo an unscheduled inspection. If the inaction or illegal actions of the district police officer are confirmed, the guilty person will bear administrative liability. To quickly resolve the problem with the local police officer, file a complaint with all organizations at once, this way the problem will be resolved much faster.

Refusal to consider the complaint

Sometimes it happens. When can a citizen be refused consideration of his complaint against a local police officer?

In case of regular submission on the same issue.
If the issue has already been resolved and the case is closed.
In case of inadequate description of the essence. The text contains swear words or threats towards the district police officer.
If the text is written illegibly.
In the case when the essence of the appeal is not clear.

The last two points are easy to fix. Just rewrite the complaint and submit it again.

What may serve as a basis for a complaint?

There are cases when a citizen writes a complaint against his local police officer, but he receives nothing in response. Such actions are considered a violation by law enforcement.

If a local police officer takes illegal actions or does nothing at all in relation to citizens who filed an application, this will constitute a failure to fulfill his obligations.

After no action has taken place on the part of the local police officer, the citizen may give up, or may write a complaint against him. Before filing a police report, you should consult a legal specialist. Having learned your problem, he will tell you what rights were violated, how to file a complaint and what to expect from such proceedings.

Anonymous: will they consider it?

Knowing our laws, what the drawbar is, it’s scary to complain about government officials. Especially when they subtly hint that they won’t work for free. But the district police officer shouldn’t let it get away with it either. But what to do when fear prevents you from complaining openly?

Complain anonymously. The relevant authorities are obliged to consider such a complaint. Its only drawback is that the applicant will not receive a response to his appeal.

Documents regulating the work of the district police officer

The main document regulating the general issues of the activities of a district police officer as a police officer is Federal Law No. 3-FZ of 02/07/2011 “On the Police”. According to him, he is obliged:

not only know, but also comply with Russian laws and regulations;
perform duties in accordance with the job description;
when performing service, respect the interests and rights of citizens, organizations, public associations;
provide first aid to victims (from administrative offenses, crimes, accidents, those in a helpless state, etc.);
comply with lawful instructions and orders of management;
resolve official issues with your immediate supervisor or superior, notifying your boss;
when a citizen informs him of information about a crime, offense, accident or independently identifies these facts, take all necessary measures to save a person or people, prevent or suppress illegal actions, detain the perpetrators and report this to the police;
when serving, do not violate the internal regulations of the organization;
to properly perform duties, maintain an appropriate level of qualifications;
not to disclose information that became known to him while on duty.

The responsibilities of a local police officer are directly spelled out in another legal act - Order of the Ministry of Internal Affairs of Russia No. 1166 of December 31, 2012, “Issues of organizing the activities of local police commissioners.” These include:

correct application in work of the forms and methods of offenses and crimes, the procedure for production and procedural registration of urgent investigative actions, proceedings in cases of administrative offenses;
knowledge of the territory of the serviced administrative area;
ensuring the safety of citizens;
knowledge of storage locations for firearms, explosives, location of pharmacies and other premises for the storage and circulation of narcotic and psychotropic substances, other storage facilities for items or substances whose circulation is limited or prohibited in the Russian Federation;
acceptance of information about offenses, crimes and incidents with their further transfer to the operational duty officer and recording of information in the book of registration of reception of citizens, their statements and messages;
execution, within the scope of competence, of a court decision, written instructions of an investigator, an interrogating officer;
checking reports of a crime or offense and taking appropriate measures (for example, drawing up a resolution under an article of the Code of Administrative Offenses of the Russian Federation or transferring material about a crime to inquiry or investigation to resolve the issue of initiating a criminal case);
bringing to the attention of applicants the progress of consideration of applications, reports of a crime, offense, or incident under investigation;
exercise of other powers assigned by regulatory legal acts.

The specific responsibilities of the district commissioner are set out in his job description (regulations).

In what cases do they complain about a local police officer?

Here are the most common situations in which citizens begin to complain about the local police officer.

The application has been accepted. All conceivable and inconceivable deadlines have come up for consideration. The answer was never received. The further fate of the statement is unknown.
The answer was given. But the issue, as such, has not been resolved. The response received is more like a formal unsubscribe.
The applicant contacted the district police officer several times. But no measures have been taken. For example, just as the neighbors played music after 23:00, that’s how it plays.
The district police officer extorts a bribe by refusing to perform his duties without encouragement.

How to find your local police officer?

There are two simple ways to find your local police officer:

Firstly, you can call 102 or 112 - the officer on duty will be able to tell you the contacts of your local police officer;

Secondly, you have the opportunity to use the “Your district police officer” service on the official website of the Ministry of Internal Affairs.

Is it possible to reach an agreement with the local police officer?

We are discussing where to complain about a local police officer if he absolutely does not want to do his job. And the authorities that are capable of punishing a negligent employee of the Ministry of Internal Affairs have been dealt with.

Is it possible to do without a complaint? What if you manage to come to an agreement with the local police commissioner?

Let's reveal a secret: you can always reach an agreement. Only this path is not entirely honest. Are you ready to pay a certain amount to solve the problem? Then take action. But we do not recommend doing this.

You can also try to get the police officer to pity you. Sometimes it works on them. But not as often as material reinforcement.

Just think: in order for the district police officer to fulfill his duties, it is necessary to look for some “buttons” and resort to tricks.

If conscience does not allow you to do all this, and a representative of the authorities is inactive, then you cannot do without a complaint. Alas, the majority of police officers are like this these days.

What should the district police officer do?

Important! Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

Use the online chat in the lower corner of the screen.
Call: Federal number: +7 (800) 511-86-74

The duties of an employee of the Ministry of Internal Affairs include:

solving crimes of minor or medium gravity;
detection of offenses;
maintaining public order;
control over persons who were in prison or on probation;
receiving statements of violations from citizens living on his site;
regular preventive conversations with drunkards, drug addicts and other antisocial individuals;
suppression of the sale of alcohol-containing products, drugs and other illegal goods;
punishment of persons who drink alcohol in public places: playgrounds, entrances, school grounds, kindergartens, etc.;
resolving issues with illegal cutting of trees;
prompt response to child abuse, etc.

If bosses don't act

Imagine the situation. They complained about the unscrupulous district police officer to his immediate superior. He did not take any measures. The situation worsened even more.

The citizen realized that he would have to go to the head of the police department. I filed a complaint, but there was no response. The top police officials are inactive. The problem has not gone away, it must be solved. The answer is silence.

How to find police authority? Only a complaint to the Federal Security Service. This is not easy, let us warn you right away. Make an appointment in advance, wait your turn, then go somewhere. But it’s worth it, it’s worth punishing the insolent police officers and their higher ranks.