Complaint about actions or inaction of police officers

According to sociological studies conducted annually in Russia, many citizens treat police officers with great distrust. There are undoubtedly quite objective reasons for such an attitude. The consequence of citizens' distrust of law enforcement officers is the so-called legal nihilism, in the ideals of which not a single generation of Russians is brought up. Nevertheless. let's figure out where to complain about police officers?

Today, the majority of our compatriots do not want to write a statement to the police if they have become the victim of a crime of minor severity that did not entail significant damage. This situation gives rise to a large percentage of latent crime. As a result, criminals feel impunity and continue their illegal activities.

Even fewer people try to protect their rights if they have become a victim of police brutality or inaction of police officers. However, Russian legislation has in its arsenal quite effective measures directed against violators in uniform, therefore, in order to be able to protect their legitimate interests if necessary, every citizen must know a clear algorithm of actions in such a situation.

Reasons for complaints against police officers

A complaint against a police officer is filed in two main situations :

1. Unlawful actions on the part of an employee of internal bodies that go beyond the scope of his official powers.
2. Inaction in situations where his intervention is required to restore public order.

Yulia Kalinina

Consumer Protection Lawyer

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The legislation clearly regards both situations described as a violation by an employee of the Ministry of Internal Affairs of his direct official duties. If such violations are detected, a citizen has the right to file a complaint against the negligent police officer with regulatory authorities.

Misconduct by a Police Officer

Each employee of the Ministry of Internal Affairs is obliged to act strictly within the limits of official authority established for him. This rule must be followed by all law enforcement officers, regardless of the specific place of duty - traffic police inspectors, district police officers, investigators, patrol officers.

Any crossing of these official boundaries is regarded as an official offense. And in some situations, abuse of power may lead not only to disciplinary action by the department, but also to the initiation of a criminal case.

Situations where a citizen can complain about the police include:

• Unreasonable use of force by police. According to the provisions of Federal Law No. 3, employees of the Ministry of Internal Affairs have the right to use physical force or special means only to protect the life, health and property of citizens, for self-defense, or to neutralize an aggressive offender. If a police officer uses force or special equipment (a baton, handcuffs, a gas canister) to punish a violator, or to assert his power over him, this is a malfeasance. Such a police officer must be held accountable in accordance with the provisions of administrative or criminal law.
• Unlawful initiation of an investigation in the absence of objective reasons for this. Such an act may be a consequence of the low professional qualifications of the police officer, or a deliberate violation. In the latter case, this is usually associated with some kind of corruption component: an attempt at extortion, putting pressure on a citizen, personal revenge for something. The illegal initiation of a criminal case is often accompanied by falsification of search results (planting of material evidence), forgery of documents, and so on. All such actions are clearly regarded by law as a criminal offense, and the police officer who committed them is obliged to answer to the fullest extent of the Criminal Code.
• Illegal document check , detention, seizure of property, personal search or search. All actions of employees of the Ministry of Internal Affairs are subject to official instructions and directives, which must be strictly observed. Violations of them serve as a reason for filing a complaint against the police with supervisory authorities. A search of the premises and seizure of property should be carried out only in the presence of a judicial (prosecutor's) warrant, and not on the personal initiative of a specific police officer. Employees of the Ministry of Internal Affairs can only enter private property with the permission of a prosecutor or judge. The exception is when there is evidence that a crime is taking place there or a dangerous criminal is hiding. Also, a police officer does not have the right to conduct a personal search of the contents of passers-by’s pockets or bags, or check their documents without a good reason, as a preventive measure “just in case.”

Inaction of a police officer

The other extreme, also considered a violation of official duties, is the unreasonable inaction of internal organs employees.

examples of this from life:

1. The district police officer does not respond to requests from citizens, and does not take action against neighbors who break the law - making noise at night, leading an antisocial lifestyle, damaging common property.
2. The police station duty officer refuses to accept the application on some far-fetched pretexts.
3. Investigators of the Ministry of Internal Affairs unlawfully refuse to initiate a case into the commission of a crime.
4. The patrol team does not respond to an emergency call received from a citizen, and is in no hurry to go to the specified address.

These are only some of the possible situations where police officers are negligent in their service. In such cases, the person whose interests have been harmed has the right to complain about the inaction of the police.

The legislative framework

To contact the police, you can be guided by a number of regulations, orders and laws:

1. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006.
2. Federal Law “On Police” No. 3-FZ dated 02/07/2011. (as amended on July 29, 2017).
3. Order of the Ministry of Internal Affairs of Russia “On approval of the Instructions on the organization of consideration of citizens’ appeals in the system of the Ministry of Internal Affairs of the Russian Federation” No. 707 dated September 12, 2013. (as amended by Order No. 770 dated December 1, 2016).
4. Order of the Ministry of Internal Affairs of Russia “On organizing personal reception of citizens in the central office of the Ministry of Internal Affairs of Russia via video communication” No. 1/788 dated January 31, 2014.

Where to go if the police do not respond to a complaint

When police officers do not want to perform their official duties efficiently, or openly ignore requests from the population, you can file a complaint with a number of supervisory authorities. Starting from the immediate superior of the negligent police officer, and ending with higher departments - the court, the prosecutor's office and even the Presidential Administration. There are also several ways to submit: during a personal visit, on the official website, by telephone hotline, or by registered mail.

Police

The very first authority to which you can file a complaint about unlawful actions of a police officer or his inaction is his immediate superiors.

To do this, you need to visit the head of the department during office hours and personally submit a claim. It is also possible to send the paper by registered mail, with notification of delivery to the addressee.

If this does not help resolve the issue, then you need to contact higher management. You can also leave a request on the official website of the Ministry of Internal Affairs of the Russian Federation. In many regions of the country, the territorial divisions of the ministry have their own Internet portals, which accept applications from the population.

Another option for filing a complaint remotely is to call hotline : 8 (800) 222-74-47 .

Calls are free for all subscribers and are accepted 24 hours a day. The operator registers the received claim and forwards it to the appropriate service of the Ministry of Internal Affairs.

Prosecutor's office

Article 52 of Federal Law No. 3 states that the prosecutor's office is the main body supervising the work of the police and compliance by its employees with Russian legislation. If employees of the Ministry of Internal Affairs violate the law, the prosecutor is obliged to issue an order to eliminate it. If the detected violation is of a serious nature, at the request of the prosecutor's office, administrative or criminal proceedings are initiated against the police officer.

Yulia Kalinina

Consumer Protection Lawyer

Ask me a question

Every citizen who has suffered from the arbitrariness or inaction of internal officials can file a complaint against the police with the prosecutor's office. Upon receipt of a complaint, an investigation is carried out, and if violations are detected, the perpetrators are held accountable depending on the severity of the offense - disciplinary, administrative or criminal.

Court

The judiciary is one of the highest authorities that people turn to when it is not possible to resolve the conflict by other means. After receiving the statement of claim, legal proceedings begin. Its initiators can be both the victim himself and supervisory authorities - the prosecutor's office, the internal security service under the Ministry of Internal Affairs.

The claim should state the circumstances of the problem and specific requirements: bring the violator to justice, issue a court order to eliminate the violations, and seek compensation for the material (moral) damage caused.

CSS

The Department of Internal Security is a special police unit responsible for identifying and suppressing crimes among department employees.

This authority accepts appeals relating only to serious offenses by employees of the Ministry of Internal Affairs that fall under the scope of the Criminal Code of the Russian Federation - torture, corruption, extortion, falsification of cases, and the like.

Minor offenses, such as illegal checking of documents on the street, or refusal to accept an application, will not be considered by the CSS.

HRC under the President

The Human Rights Council is a special body whose purpose is to oversee compliance with constitutional norms and protect the civil rights of the population. A complaint is submitted to the public reception of the Council in case of serious violations of the rights of citizens by government officials, including employees of law enforcement agencies.

You can file a complaint against the police:

• By calling the HRC hotline: 8 (495) 606-48-55;
• By sending the paper by registered mail to the address: 103132, Moscow, Staraya Square, building No. 4 .

After considering the received appeal, the HRC forwards it to the department responsible for this area of ​​violations - the Internal Security Service, the prosecutor's office, the courts.

Public Council under the Ministry of Internal Affairs

This non-governmental body was created under the Ministry to assist in monitoring compliance with the rule of law and the rights of citizens by police officers. He is the link between the population and local authorities on the one hand, and the police on the other.

You can contact the Council:

1. Through the official website of the organization.
2. Toll free hotline 8 (800) 250-85-02.
3. Send a written complaint to the regional department of the Council, or to the head office at the address: 117342, Moscow, post office box 35 .

President of the Russian Federation

The highest authority to which a Russian can complain about unlawful actions of police officers is personally to the President of the country. At first glance, the resolution of a conflict that has arisen between an individual citizen and a police officer does not correspond to the level of the head of state. But, oddly enough, such appeals are quite effective.

Officials of the Ministry of Internal Affairs or supervisory departments, having received an order from the Presidential Administration to look into the problem presented, very quickly carry out the order.

On the website of the Office of the Presidential Administration for processing applications, you can file a complaint about violations by officials of any government departments. Upon consideration of the complaint, it is redirected to the necessary authorities with a requirement to understand the essence of the problem.

Commissioner for Human Rights

The position of the Civil Rights Ombudsman was introduced in the country relatively recently, but has already shown its effectiveness.

The scope of the commissioner's activities includes oversight of compliance with constitutional rights and freedoms. When a complaint is received, the authorized person personally, or members of his staff, consider it, if necessary, sending official requests to various authorities.

When violations of a citizen’s rights are identified, the Ombudsman takes all necessary efforts to restore them, involving the judiciary, the prosecutor’s office and other departments. Each region has its own commissioner appointed by the local parliament.

You can submit a complaint to the central office of the Commissioners for Human Rights on the official website of the Commissioner for Human Rights in the Russian Federation.

Internet reception of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation

An alternative option for contacting law enforcement agencies is the Internet reception, where you can fill out a short online form https://xn--b1aew.xn--p1ai/request_main. To do this, in the proposed list, you should select the Ministry of Internal Affairs of the Russian Federation, which is entrusted with the function of protecting the rights, interests and freedoms of residents of the Russian Federation, and click the “Continue” button.

Having familiarized yourself with the conditions for filing complaints, the procedure for processing them and the requirements for drawing up, you can proceed to filling out the form in which you will have to indicate the following information:

• your personal data (full name) and contact phone number;
• the recipient of the claim (full name, position), who can be selected from the proposed list;
• method of receiving a response with the relevant details (mail address or email);
• determine your civil status and select the region where the event or situation occurred;
• if the applicant applied to other Offices to resolve the issue, then he must provide this information in a special field of the form;
• enter the text of the complaint. It should be brief, presented in a business style with reference to the law and information about the persons who committed the illegal acts.

You can attach any electronic files to the online form, enter the verification code and click the “Submit Appeal” button.

After this, the system will offer to check the correctness of the data provided, as well as confirm the presence of an email account by receiving a verification code.

Attention! Despite the fact that all attached files (links to content, audio recordings, etc.) are registered in the same order as other documents, when considering such complaints, the text describing the current situation will be taken as the basis.

How to file a complaint against a police officer. Sample

A complaint against a police officer is drawn up in free form , but must comply with basic standards of legal paperwork. The document must indicate the details of the offending police officer, or the unit in which he serves, information about the applicant (full name, residential address, contact telephone number). Next, the essence of the problem that has arisen is clearly described, without excesses, and a requirement is put forward to the supervisory authority to bring the violator to justice. At the end, the date of compilation and the personal signature of the applicant are affixed.

Deadlines for consideration of applications

All citizen complaints received by supervisory authorities are considered in accordance with the provisions of Federal Law No. 59 “on citizens’ appeals.”

For government departments this period is :

• 10 days to consider the received request:
• 30 days – to verify the facts stated in the complaint and take measures if they are confirmed.

What should the answer be?

Each authority, when making a decision, notifies the applicant of the final decision in writing to the specified residential address. Additionally, he unsubscribes by email, if one was specified. The answer contains:

• name of the body that prepared the report;
• date of decision and document number;
• applicant's name;
• the grounds for making a decision on the complaint;
• approved decision;
• if the complaint is satisfied, then the time frame for eliminating the violations;
• if the complaint is rejected, then the reasons and decision number.

Legal regulation

When preparing a legal position and going to court to appeal the actions of Police officers, it is preferable to refer to federal laws that regulate the activities of courts, law enforcement and supervisory authorities. Subject laws exist for the Police, the prosecutor's office, the judicial system, as well as separate legislative acts regulating operational investigative activities and the procedure for citizens' appeals.

To deeply study the subject of the Police’s activities, one should pay attention to the department’s acts that specify the activities.

Reasons for submitting a document

According to Russian legislation and the Constitution, every citizen has the right to contact the Russian police with a statement and complaint about a violation of his legal rights and interests.

What may be the grounds for filing an appeal to the internal affairs authorities:

• commission or preparation of a crime;
• corruption of executives;
• violation of laws by police officers;
• refusal to register reports of crimes;
• refusal to initiate criminal proceedings;
• migration issues;
• search for missing persons and those who committed crimes;
• information on drug trafficking;
• information about planned terrorist attacks.

When and to whom can employees complain?

Employees can file a complaint against management in the following situations:

• Personnel are forced to do work that is not specified in the employment contract, job description, or to work outside of working hours.
• The employer does not comply with payment deadlines, refuses to pay sick leave, and pays “gray” wages.
• The manager is rude to the staff and insults them.
• Labor safety rules are not observed at the workplace, for example, they do not provide special clothing, personal protective equipment, or safety equipment.
• The orders of higher authorities are violated.

The list does not show all situations, but only the most common ones.

Employees can complain about management to their superiors, the police, the court, the tax office, the prosecutor's office, or the labor inspectorate.

Court

A statement of claim for offenses committed by police officers or officials is filed with the district court at the location of the OP or other appealed structural unit of the Ministry of Internal Affairs.

If the outcome of the proceedings is unsatisfactory and if there are compelling arguments, an application for an appeal of the decision that has not entered into force may be filed for consideration by a higher court. What follows is a cassation appeal and a complaint to the Supreme Court of the Russian Federation.

The court, based on irrefutable evidence of unlawful action (inaction) of the police, finds the defendant guilty and imposes penalties, and, if there are appropriate requirements, awards compensation to the plaintiff.