Complaint to the Prosecutor General's Office: sample, grounds and procedure

• November 7, 2018
• Legislation
• Natalia Kalinichenko

Many people complain that after contacting government agencies they cannot get the truth. This may be an appeal to Rospotrebnadzor, the Internal Affairs Directorate, or the prosecutor's office. But what to do, where else can you turn? There is another authority, besides the court, where you can write a complaint - to the Prosecutor General's Office.

Reason for contacting

Submitting a petition to the country's prosecutor general is truly a last resort when all authorities have already refused. The main functions of the Prosecutor General's Office include:

• coordination of the work of the Ministry of Internal Affairs;
• supervisory function over officials and law enforcement agencies at all levels;
• oversight of compliance with the interests and rights of all citizens;
• supervision of compliance with the requirements of legislative acts by officials;
• investigation of especially dangerous crimes and socially significant offenses.

In light of this, we can conclude that it is a complaint to the Prosecutor General’s Office that will allow every citizen to protect their freedoms and rights if other authorities have refused.

At the same time, it should be understood that the Prosecutor General's Office will not conduct an investigation into individual cases of violation of rights, but it will have an impact on officials who shirk their immediate duties or are inactive.

How to submit a response to a complaint

According to the law, actions must be performed in the same form in which the complaint itself was received, unless otherwise reflected in its text. So, if a written complaint was submitted, the response is drawn up in a similar form, even if there is a telephone number for operational communication. Documents received via the Internet are reviewed, after which a response is issued in electronic form. If a verbal statement is received from a patient or customer, this must also be responded to verbally. A class claim does not require a response from each individual claimant, only from the person whose contact information appears at the top of the sheet. An alternative is personal submission. Similar rules apply in all other situations. When the answer is handed over directly, the signature is placed in a special journal of the organization.

Terminology

Before considering sample complaints to the Prosecutor General's Office, you should decide on the terminology.

A complaint is a document that contains a demand for the restoration of violated rights or a demand for holding specific officials accountable. This is a kind of statement.

Appeal is a fairly broad concept, including statements, complaints, proposals and petitions. Any written or online interaction with law enforcement is considered a referral.

A statement is actually a request or a message about a fact. For example, a statement about the inaction of specific government officials.

A proposal is actually a type of statement that expresses a specific proposal or recommendation regarding the activities of the prosecutor's office or other government body.

How and where to file a complaint?

There are several ways to complain about the inaction of the regional prosecutor's office or other public and private institutions. The Prosecutor General's Office accepts written documents by mail or personally submitted to the agency. Electronic applications to the Internet reception are also available.

Written appeal

A convenient option is to file a written complaint. It must be registered with the RF Civil Code, so responsible employees must give a reasoned answer.

You can bring the document yourself to the prosecutor's office. The option of delivering mail to the address: st. Bolshaya Dmitrovka, 15a, Moscow, Russia, GSP-3, 125993.

You need to send a registered letter with acknowledgment of receipt. In addition to the complaint, copies of supporting documents are attached to the envelope.

Internet reception

An electronic document can be submitted online through the Internet reception on the official website of the Prosecutor General's Office. When going to the section, the user will have access to a form to fill out.

It must indicate:

• type of appeal (complaint);
• personal data (last name, first name, patronymic);
• region of residence;
• contact information (email address, residential address, contact telephone number);
• subject of the appeal;
• description of the current situation (factual data);
• attached documents.

Applications must be downloaded electronically. After this, the complaint is submitted for consideration.

Attention! Electronic applications are considered in the same manner as for regular written applications. The deadlines for response are similar.

Hotline

The Prosecutor General's Office does not have its own separate hotline to receive requests from citizens. But there is a phone number on the website for inquiries.

By calling it, applicants can obtain the necessary information. Specialists can advise on the procedure for filing a complaint, response time, and stage of consideration. You can also find out how to make an appointment.

When can I apply?

It should be understood that writing a letter to the Prosecutor General of the Russian Federation is possible only after a number of preliminary appeals to other authorities. For example, if an employer violates the rights of an employee, then you must first contact the labor inspectorate, then the prosecutor’s office, and only after these authorities have refused or are inactive, contact the Prosecutor General’s Office. The same is true for law enforcement agencies. You must first contact the police officer's superior officer, then the district or city prosecutor's office, and only then file a complaint with the Prosecutor General's Office of the Russian Federation. If we are talking about a violation of rights within the framework of criminal proceedings, then you can complain about the investigator to the investigative committee and not even contact the district or city prosecutor's office.

In addition, the complaint must be accompanied by copies of documents confirming the fact of inaction or violation of the applicant’s rights by the officials to whom the citizen applied.

Basic information

A complaint can be called one of the forms of citizens protecting their rights. Almost every person during his life is faced with either complaints addressed to himself, or he himself makes complaints to third parties, expressing dissatisfaction with the quality of services or goods.

In many cases, complaints remain unanswered. They don't get enough attention. But such a frivolous attitude can eventually result in a real conflict between the parties.

Important

A polite and well-written answer can promptly extinguish the fire of discontent of an angry citizen.

Required terms

There are several types of documents approved by federal legislation with which citizens can express their dissatisfaction with goods, services or the attitude of third parties:

In modern office work, there are several types of complaints that have official status and legal force:

Every Russian enterprise is required to have a “Book of Reviews and Suggestions.” Any complaint in this book obliges the official to draw up an appropriate response to it.

Important

An official is a specialist who is entrusted with functions of a managerial or administrative-economic nature.

Purpose of the document

Most often, dissatisfied citizens only threaten to complain to regulatory authorities or a higher organization. Only a small percentage reaches the actual filing of a claim.

But if a person made an effort, visited a lawyer or filed a complaint on his own, we can assume that the matter is really serious.

How can the answer help in such a situation? Is it worth giving her attention, time and effort? Lawyers argue that a legally correct response can perform several functions:

• become a real defense for the person to whom the claim is addressed;
• be one of the options for resolving a conflict out of court;
• serve as evidence of the desire for a peaceful resolution of the problem.

Legal grounds

The filing of complaints and responses to them is approved by the following legislative acts:

• 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006;
• 2300-1 “On the protection of consumer rights” dated 02/07/1992

In addition, the legality of filing complaints and the procedure for their consideration are regulated by the provisions:

• Civil Code of the Russian Federation;
• Code of Administrative Offenses of the Russian Federation;
• Code of Administrative Procedure of the Russian Federation.

Procedure for filing a complaint

Not a single regulatory act of the country provides for a sample complaint to the Prosecutor General's Office of the Russian Federation; however, the text of the document must meet certain requirements.

Required blocks:

1. Document header. The recipient of the complaint and the sender are indicated here. It should be remembered that anonymous applications are not considered by the Prosecutor General's Office.
2. Contents: “Complaint.”
3. The main part of the document should contain information about which bodies and which rights were violated. That is, a brief description of the current situation.
4. Next, specific demands should be put forward, that is, what the applicant wants to receive in the end, after considering the complaint.
5. Demands can now be made regarding the desired measures to be taken against the official who has violated rights or failed to act. These may be disciplinary measures or specific actions that the official is required to carry out.
6. At the end of the text, it is necessary to describe the list of documents that are attached and confirm the facts stated in the complaint.

At the very end, the complaint is dated and signed by the applicant with a transcript of his full name.

Justified and unfounded claims

Not all situations require the company receiving the complaint to take action. There are known situations where claims were used to make a profit. It is also impossible to leave an unlawful claim unattended. The action will lead to litigation or scandals.

Please note: If the applicant's demand is justified, it is necessary not only to give an answer, but also to apologize, saying that all possible measures will be taken to resolve the conflict. If correcting the situation is beyond the scope of authority, the complaint is forwarded to the appropriate authority. The applicant must be notified of this.

Subtleties of drafting

To file a complaint with the Prosecutor General's Office of the Russian Federation, you should take into account that this is still a serious regulatory body, therefore the text should not contain errors, corrections, and even more so colloquial words or curses.

The complaint must be submitted in duplicate if it is submitted in person through the office of the institution. The second copy is marked with receipt of the document.

There should be no “water” in the text, only facts, there should be no reasoning and speculation, grievances and personal, unfounded opinions of the applicant.

It is not recommended to draw up a complaint on several sheets, unless it is a collective statement. The fact is that voluminous texts are much more difficult to perceive, and as you read, they only raise unnecessary questions.

The complaint must necessarily contain the applicant’s data and contacts, otherwise the application will be regarded as anonymous, and therefore no response will be received. It is possible that the Prosecutor General’s Office will not even consider such a complaint, and this right is enshrined in law.

Administration responsibility

Ignoring citizens' statements falls under Article 5.59 of the Code of Administrative Offences. And the latter provides for penalties ranging from five to ten thousand rubles. The punishment is imposed by the court. This means that the matter must reach this body, which requires a certain initiative from the consumer.

But don't assume that the complainant won't take further action. Without seeing an answer, a person can write a statement to Rospotrebnadzor. Specialists will conduct an inspection, including studying the complaint book. Based on the results of the investigation, they will send the materials to the court. And then it will be impossible to prove the absence of violations; you will have to pay a fine.

Important

Formulating formal responses to customer complaints is not the hardest part. It is necessary to respect the opinions of people, as well as comply with the law.

What demands can be made?

Filing a complaint to the Prosecutor General's Office implies the opportunity to demand one of two types of influence on an official:

• restoration of legal rights in relation to the applicant;
• bringing the guilty official to justice.

Practicing lawyers do not recommend demanding prosecution, since, most likely, in response the applicant will receive only a formal reply with the wording: “the official... Full name... was indicated as inadmissible...”. And it is completely in vain to count on the opening of criminal proceedings. Therefore, when drawing up a complaint, it is better to be guided by the norms of the Code of Administrative Offenses, especially if we are talking about a law enforcement officer. After all, what to hide, any leader will keep silent about the “minor pranks” of his subordinates, even if we are not talking about law enforcement agencies. A similar situation occurs in the field of medicine, where doctors stand strong for each other, even if there is clearly a medical error in the actions of the employee.

Under no circumstances should you make demands that are impossible to meet in practice. A complaint to the Prosecutor General's Office must contain only real claims, otherwise the applicant will only receive a reply. Please note that the requirements must be stated specifically and unambiguously.

Consumer extremism

Probably each of us has heard the expression “the customer is always right” in life in a store, cafe or other establishments, but is this true in reality? Let's figure it out.

To illustrate this problem, it is worth giving an example of a complaint from one citizen. The buyer purchased a machine for the production of fence mesh from an individual entrepreneur. I used it for more than a year, after which I wanted to return it to the seller and demand the money back, taking into account compensation for moral damages due to the fact that the machine unexpectedly broke down. I wrote a complaint to the seller and thought that the law was on his side. However, the seller was not timid. He defended his rights in court and proved that the buyer’s actions were illegal and the demands could not be satisfied.

Thus, consumer extremism can be characterized as deliberate actions of the consumer aimed at causing damage to bona fide sellers. At the same time, as judicial practice shows, it is not easy to get rid of an annoying consumer, much less bring him to justice under the law.

Now this situation is gaining momentum, so legislative protection measures are already necessary for entrepreneurs.

Currently, one of the current methods of combating this phenomenon remains a clear recording of negotiations between the seller and the consumer in writing, including the availability of competent samples of responses to complaints.

Complaint to the prosecutor's office against the prosecutor's office

Oddly enough, the very body that is called upon to monitor and prevent violations of the rights and freedoms of citizens and legal entities often remains inactive or completely ignores citizens’ appeals. Most often this manifests itself in:

• delaying the consideration of applications and complaints;
• a formal approach to the matter, with issuance of a response in the form of an unsubscribe;
• inaction of a certain official;
• corruption.

Some citizens manage to go through all the “circles of hell”, reach the city prosecutor, but still achieve nothing, but where to go next? Only the Prosecutor General's Office remains. After all, in order to complain even about the district prosecutor, you will first have to contact higher authorities and further down the chain – to the prosecutor general. Even if you cannot find support here, you will have to go to court.

Consumer complaints

If your business is the provision of services or trade, then you need to learn to distinguish between several categories of citizen-consumers in order to competently respond to their complaints. And sometimes put careless clients in their place.

So, there are several main types:

• aggressors - those who are ready to flare up over any little thing, usually provoke employees into a scandal, do not like to express their complaints in writing, but are ready to raise dust in your company until they blush;
• truth-lovers - a category of people who respect order in everything, will definitely present their complaints and claims (if any) in writing, often such disputes go to court;
• narcissists are the most harmless group of citizens who sometimes simply do not have enough attention, so they compensate for this deficiency by attracting the attention of other people, in particular, store administration, company managers, etc.

Each of these categories of consumers must be treated differently. Therefore, responses to possible complaints must also be based on this classification.

So, it’s better not to argue with aggressors, this will only excite them even more, it’s better to offer a cup of coffee/tea, apologize if necessary, inform them that the perpetrators will be punished, this won’t happen again, etc. These measures are necessary so as not to stir up a scandal and do not scare away other buyers.

When meeting with truth-seekers, it is necessary to stock up on legal knowledge or hire a competent lawyer, since responses to complaints will have to be given in writing, clear, reasoned, based on the norms of the legislation of the Russian Federation. You ask: “How to write a response to a complaint if the client already intends to go to court? And is it worth compiling it at all?” We will answer that it is worth it, since the court requires a complete evidence base.

The last category just needs to be given enough attention, listen to all complaints, wishes, reviews, etc., you can offer them, for example, a loyalty card.

And yet, the main rule when considering complaints and claims from consumers is strict compliance with the rules of law, in particular the Law of the Russian Federation “On the Protection of Consumer Rights,” which provides specific deadlines, rights and obligations, and the procedure for conducting an examination of the quality of goods.

Terms of consideration

The Prosecutor General's Office, like other regulatory authorities, has 30 days from the moment the document was received to consider complaints. The fact of receipt may be confirmed by a note on acceptance of the complaint or by postal notification.

Such a long period is given on the basis that specialists from the prosecutor’s office need to check all the facts stated in the complaint, interview the official, possibly even the applicant himself.

You should also know that if the applicant did not contact lower authorities before contacting the Prosecutor General's Office, then his complaint will be sent there within 7 days from the date of receipt. These authorities will independently conduct an audit and verify all the facts stated in the document. The applicant will be notified additionally of such a decision.

What to do if you receive a complaint

Having analyzed an example of a response to a complaint, it is necessary to take into account the specific actions in the current situation. The mechanism of action that must be followed when receiving a claim directly depends on the type of document. If a person contacts an entrepreneur or company, the norms of civil law must be taken into account.

Video

You need to act according to the following scheme:

• Read the information reflected in the document. If necessary, you need to contact the complainant and clarify the circumstances reflected in the complaint. Additionally, an employee survey will be conducted.
• The facts are subject to careful analysis. Sometimes an examination may be required. In certain situations, it is necessary to conduct a professional assessment of the eligibility of the claims made. So, if the applicant complains about defects in the product, the expert will find out who exactly is to blame for the breakdown.
• Based on the results of the procedures carried out, a decision is made. If the claim is justified, measures are taken to resolve the conflict. If there are no grounds for satisfying the complaint, the request is correctly rejected.
• A response to the claim is drawn up and sent to the applicant.

You should not ignore complaints, regardless of the form in which they are sent. The answer must be given in writing. Sometimes complaints are sent by provocateurs who deliberately try to stir up a conflict, after which they turn to the supervisory authority. This could be initiated by a competing company. Sometimes the actions are carried out by scandalous citizens who enjoy such activities and humiliation. Therefore, the claim is considered as carefully as possible.

Internet reception

This is a fairly new service that involves filing a complaint with the Prosecutor General's Office online. At the same time, you should not be afraid that the application will not be processed, it will be considered in the general manner, and the applicant himself will be able to save time.

The Internet reception is located at ipriem.genproc.gov.ru/contacts/ipriem/. Before filing a complaint, it is recommended that you familiarize yourself with the rules for filing and filing a complaint.

All fields marked with “*” must be filled out without fail, otherwise the system will not accept the application. In cases of anonymous application, the applicant will not receive any response.

The complaint must be drawn up in Russian with a logical breakdown into paragraphs and sentences. All applicants have the right to attach additional documents, but the total amount of uploaded information should not exceed 5 MB. Almost all the most common electronic document formats are acceptable for downloading, including video and audio formats.

Possible consequences of late response

If the authorized body ignored a complaint about an employee’s inappropriate behavior, a fine may be imposed on management. The amount of the penalty is reflected in Article 5.59 of the Code of Administrative Offenses of the Russian Federation. The amount of recovery varies from 5,000 to 10,000 rubles. It will not be possible to avoid providing funds. A person whose rights have been violated can complain to Rospotrebnadzor. Additionally, the law allows citizens to unite and file a collective complaint. Such documents have greater legal force and are satisfied faster. Therefore, it is recommended to consider citizen requests in a timely manner and provide adequate responses.

Results of consideration

The result of filing a complaint about the inaction of the prosecutor’s office to the Prosecutor General’s Office, as well as other types of appeals, may be:

• "Satisfactorily". Simply put, this is the best outcome for considering the application, that is, all information has been taken into account, and measures have been taken to resolve the conflict situation.
• "Rejected." The applicant may receive such a response if the prosecutor's office regarded the complaint as unfounded and rejected its consideration.
• "Clarified." Such a decision is made on complaints that do not contain specific requirements for an official, but only require clarification of legal norms.
• "Redirected." The mark indicates that the complaint was accepted, but forwarded to another authority.

Book of reviews and suggestions

Probably, each of us has come across this book in our lives, opened it out of interest in some organization, and even left our message in it.

Previously, this book was called a complaint book, therefore, it was designed only for complaints. Now it has been renamed, and the meaning has changed. Now you can find not only angry messages in it, but also friendly reviews, wishes for health and prosperity.

If you have your own business in the consumer sector, then this book must be located in a visible place and provided to the client upon request.

If you find a complaint in it, you must respond as soon as possible and enter a written response into the book. In some cases, it is also recommended to call the client by phone and notify that his complaint is being considered, and apologize if necessary. And for greater persuasiveness (in the case of, for example, a significant violation of the client’s rights, incorrect attitude towards him, etc., which can significantly affect the company’s image), offer a discount or provide the opportunity for free participation in some kind of drawing, etc. ( You should read more about marketing methods in another article).

In general, the book of reviews and suggestions should be checked regularly in order to always be prepared for an unscheduled inspection by Rospotrebnadzor.

When can consideration be refused?

Even if a complaint is drawn up to the Prosecutor General’s Office according to a model that has already been used by many lawyers or other applicants, but a refusal is received, then you should think about it, perhaps you should reconsider your requirements.

First of all, a refusal will be obtained if the complaint requests direct intervention in a specific investigation. As a rule, such requests are responded to within 10 days from the date of submission.

A refusal will necessarily be received if the essence of the problem is unclear, the requirements and evidence are not clear. Illegible handwriting can also be a reason for refusal.

Reasons for rejection

In some cases the complaint may be rejected.

1. The document contains direct interference in the investigation process. In such situations, the refusal is transmitted within 10 days.
2. The text may be written in illegible handwriting if the complaint is made in handwritten form.
3. A refusal is issued if the information provided in the application is insufficient. The decision is communicated to the citizen within 5 days. The complaint must be amended and resubmitted.
4. The appeal may be meaningless. Sometimes the prosecutor's office stops correspondence with a citizen if it is impossible to make a decision.

A complaint to the Prosecutor General's Office is sent last, when other authorities have not made a decision or refused to consider the appeal. It is prepared as a regular written application in accordance with established criteria. Within 30 days, a response is received with satisfaction of the complaint or refusal with reasons. If the document does not comply with the established standards, you can supplement it and resubmit it.

Summary

Absolutely all citizens of the country, legal entities, foreigners and stateless persons have the right to file a complaint with the Prosecutor General. Before this, you will have to contact the senior management of the person who violated the rights or interests of the interested party. The responses received will be confirmation that all authorities did not help or did not try to help the applicant in the current situation.

The regulations do not provide for a sample complaint; however, such a document is official and businesslike. Therefore, the complaint must contain: a header, the title of the document, a descriptive part and a block with the requirements put forward, the signature of the applicant and a list of attached documents. The text should not contain errors or corrections, insults or speculation.

You can submit a complaint in person, through postal operators and on the website of the Prosecutor General's Office.

The prosecutor's office has 30 days to consider the complaint. But if the essence of the application is not clear, then consideration will definitely be refused. In general, the entire process of drawing up and submitting a complaint to the Prosecutor General’s Office is no different from applying to other authorities.

Additional questions

Anonymous complaints

Anonymous complaints are not considered by government agencies. Imagine how many abuses there would be if the law did not limit this. An inspection by the prosecutor's office or labor inspectorate could happen any day based on a statement from “anonymous well-wishers.”

Of course, a government agency can respond to such a letter about any crime. However, he is obliged to report this to law enforcement agencies on his own behalf. In our country, it so happens that this happens extremely rarely. It’s easier, as they say, to “close your eyes” and pass by.

Repeated complaint from the same person

Let's return to the case of the lady in the Internet cafe. Let us remind you that she returned to the establishment and again wrote it down in the guest book. What to do in this situation?

A sample response to a complaint will be something like this: “The repeated comment does not contain additional information. Consideration denied." That's all. The “provocateur” can only go to court or complain to the official authorities, but this is fraught with the opposite consequences on the part of the enterprise administration.

Where to send the answer

A documentary response to the claim is sent to the address that was recorded at the top of the appeal, or is delivered to the applicant personally. If the document is sent by mail, the person will have to sign for receipt at the department. If the answer was handed over directly, then the signature is placed in a special journal of the organization or body to which the claim is transferred.

If the complaint is justified

If the claims maker’s demands are justified, then you should not only provide an answer and apologize in writing, but also take all possible measures to resolve the conflict. In the event that a disagreement goes beyond the scope of competence, the appeal must be redirected to the authorized authority, and the applicant must be informed about this.

When is it okay not to answer?

Most often, if a company or government agency receives a claim from a complainant, according to the Civil Code, it must receive a response within thirty days. It is precisely this time period that is given to the opposite party to justify its illegal actions and correct the current situation, because if ignored, negative consequences may follow.

However, the regulations provide clarifications when it is not necessary to send a response to a claim, in particular in the following situations:

• When the submitted document is anonymous, it does not contain any personal information about the author, and the Civil Code makes it clear that such acts are subject to rejection;
• If, in addition to indicating the full name and other personal information of the applicant, there is no personal signature in the application;
• The complaint is drawn up according to the rules, but includes some obscene language or direct threats, or the text itself is created in illiterate language, which is unacceptable for the official style.

In all other situations, the recipient of the complaint must review it and take appropriate action, regardless of what is written, and also provide a formal positive or negative response in writing.

How to give an answer in the book of complaints and suggestions

Each trading enterprise must have a special document established by the Law of the Russian Federation of 02/07/1992 N 2300-1, called the “Book of Complaints and Suggestions”. Such a document must be located in a place visible to all clients and be accessible for their entries.

The document must be analyzed on a regular basis by the company's management, and a response must be drawn up for each claim in accordance with the relevant article of the Civil Code.

Such responses may take one of the following forms:

• If the complaint was made without personal information, but the client pointed out serious shortcomings in the quality of the goods, or the defiant behavior of the company’s employees, or other violations, management can indicate their own attitude there, on the pages of the complaint book, in the hope that the dissatisfied client will return and will see this answer. Also, other consumers of the company, looking at the book, will notice that their requests are followed by an adequate response;
• In a situation where the client records his own coordinates, namely, postal address, email address or current telephone number, the response can be sent to one of the specified contacts by sending a letter by mail, writing a response to an email message or calling a written telephone number.

A response to a complaint is necessary not only in order not to break the law, but also to maintain the status and reputation of the organization at a high level and improve the quality of services, which will help improve the financial situation in the future.