Procedure and terms for consideration of an application at the prosecutor's office

Individuals with statements can file their appeals with state prosecutors. Every citizen of our vast country, a foreign person, a stateless person, an official, an organization - they all have the right to contact this body in order to obtain a fair decision on the issue of protecting their own civil rights from violation.

Complaints to the prosecutor's office are considered within the framework of issues of any kind and include both minor and large-scale cases.

Procedure for consideration

In order to consider the established deadlines in detail, it is necessary to describe the entire process of considering a complaint to the prosecutor's office from beginning to end.
And it all starts with filing a complaint. In order to submit his appeal to the prosecutor's office, a citizen who has suffered from illegal actions can personally contact the department, send an authorized representative in his place, or submit a complaint by registered mail. In this case, a receipt is issued at the reception after receiving the complaint. From this moment the period for consideration of the complaint begins. After the complaint is accepted by the specialist, it will be transferred to an authorized employee who will consider it. At this stage, a decision is made on what to do with the complaint. There are three options:

• The case is left without consideration. This is possible in a number of cases, which we will describe in detail below. The applicant is notified in writing that the case remains without consideration. In this case, the reason for refusal to consider the case must be indicated;
• The case goes to the investigator. In this case, it is recognized that there is an offense that the prosecutor's office can consider. If the application is accepted, then it is transferred to an employee of the prosecutor's office and he opens a case, and then begins to conduct it in various ways;
• The case is redirected to another government service. This is possible in cases where the prosecutor's office receives statements that another service must respond to. For example, if a complaint is received about a violation of consumer rights, the prosecutor’s office will forward the case to Rospotrebnadzor. An exception is if the applicant has previously contacted the authorized service, but this did not produce results. The applicant is also notified of such action in writing.

If the complaint has been accepted, an authorized employee of the prosecutor’s office begins its consideration. It is difficult to say exactly how the case will proceed, since each complaint is considered individually. For example, if the case concerns a significant violation of labor laws, then an employee of the prosecutor’s office is sent to the victim to check documents, and if there are violations of consumer rights, then to expert appraisers.

Regardless of how the investigation was conducted, the prosecutor's office may make one of four decisions:

• Satisfy the applicant's requirements. In the event that the prosecutor's office identifies violations and is able to impose punishment in accordance with the law, it makes a decision confirming the rightness of the applicant and obliging the violator to fulfill all the demands put forward by the victim;
• Partially satisfy the applicant's demands. In this case, the prosecutor’s office employee also identifies a violation, but either recognizes it as not serious enough, or the applicant’s demands are too exaggerated. Thus, the fact of an offense is also counted, but at the same time the prosecutor’s office obliges the victim to fulfill the demands of the victim not in full;
• Refuse the applicant's request. This is possible if, as a result of the inspection, either no violations were found at all, or the victim’s demands were not related to the violation;
• Transfer the case to court for further work. Sometimes it happens that during an inspection the prosecutor’s office discovers such serious offenses that it independently determines the degree of guilt and does not have the authority to impose punishment. In this case, all materials of the case are transferred to the court, and the inspection by the prosecutor's office develops into a full-fledged trial.

Let us note a very important fact: the prosecutor’s office informs the applicant about all significant steps during the investigation. That is, you will always have a general idea of ​​what stage your complaint is at. In addition, the law allows citizens to contact the department and clarify the data they are interested in on the case.

Features of submitting an appeal to state supervision authorities

When a citizen first applies, the application is sent to a lower law enforcement agency if a check on this issue has not been previously carried out. If the text contains information about the commission of a criminal offense, the appeal is sent to the police department to begin criminal proceedings. Before writing a complaint to the prosecutor's office, you should first clarify whether the proceedings on this issue will fall within the competence of the prosecutor, and therefore a rational decision would be to obtain preliminary advice from a lawyer. A specialist knowledgeable in the relevant legal field will not only give valuable advice on further actions, but will also guide the applicant in the time frame for consideration of complaints and applications by the prosecutor’s office.

As already noted, the prosecutor’s office does not leave citizens’ appeals unanswered. The exception is anonymous and other incorrectly compiled documents. After a comprehensive review of the case, the applicant is sent a response - a decision on the case, endorsed by the prosecutor. The consideration of the complaint is considered completed only if law enforcement officers have eliminated all the violations that were indicated in the appeal or issued instructions for their elimination.

How to file a complaint to the prosecutor's office

Any person, regardless of citizenship, or an association of citizens (collective complaint) can contact the prosecutor's office. At the same time, only the applicant’s request to assist in restoring the rights and freedoms of the applicant or third parties is qualified as a complaint to the prosecutor’s office.

The complaint must contain:

• the name of the prosecutor's office to which the complaint is sent, or the position or surname, first name, patronymic of an official of such a body;
• information about the applicant: his full name, registered address at the place of residence (required), postal address (if different from registration), fax number (if available) and telephone number, email;
• The complaint must be signed. And dated.

The text of the complaint itself should not be voluminous. The facts are stated (preferably, taking into account chronology), what rights of the applicant or a third party were violated, what actions should be taken by the prosecutor's office to eliminate the violated rights.

Most often, the reasons for filing a complaint with the prosecutor's office are: illegal dismissal, non-payment of wages (in these cases you can simultaneously send a complaint to the labor inspectorate), refusal to initiate a criminal case, refusal of government officials to provide information or provide a public service (before or simultaneously with the filing of an administrative claim to challenge a decision of an authority or the actions of an official).

Requirements for written application

The law imposes certain requirements for written applications from citizens. Thus, it is imperative to indicate where or to whom the appeal is being sent,

namely, indicate the name of the state body or local government body or the last name, first name, patronymic of the relevant official, or at least the position of this person. It is also mandatory
to indicate your data
- full name and postal address to which the response or notification of forwarding should be sent appeal (in the case of an appeal in the form of an electronic document, you can indicate either a postal address if you would like to receive a response by mail, or an email address if an electronic response is sufficient).
The text of the appeal must contain the essence of the proposal,
statement or complaint that the citizen wants to make.
In this case, the handwriting, if the application is written by hand, must be legible. If the text is unreadable (for any reason), the body or person to whom the appeal was sent has the right not to respond and in this case are released from liability. The same fate will befall messages containing insults and/or obscene language, as well as threats against officials and/or members of their families. The text of the appeal must be affixed with a personal signature
(except for an electronic document)
and a date.
If necessary, you can attach documents and materials or copies thereof to support your arguments. If you are sending an electronic document, you can attach scanned copies of documents to it, or send copies separately by mail.

Time limits for consideration of citizens' appeals by prosecutors' offices

Home / The Prosecutor's Office explains / Legal education

One of the main functions of the prosecutor's office is to protect the rights and freedoms of citizens. One of the most important sources of information about violations of the law are statements, complaints and other appeals from citizens, which make it possible to quickly respond to violations of human and civil rights and freedoms.

At the same time, the main principle underlying the procedure for considering citizens’ appeals is the principle of timeliness, that is, compliance with the deadlines established by law for consideration of appeals. That is why one of the most common questions that citizens have when contacting the prosecutor’s office is the question of the timing of consideration of applications.

The procedure and timing for consideration and resolution of appeals is established by Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” The prosecutorial authorities of the Russian Federation consider applications in accordance with the Instructions approved by order of the Prosecutor General of the Russian Federation dated January 30, 2013 No. 45 (hereinafter referred to as the Instructions).

Thus, paragraph 5.1 of the Instruction establishes that appeals from citizens, military personnel and members of their families, officials and other persons are resolved within 30 days from the date of their registration with the prosecutor's office of the Russian Federation, and those that do not require additional study and verification - within 15 days, if otherwise not provided by federal legislation. If the established period for resolving an appeal expires on a weekend or holiday, the last day of resolution is considered to be the next working day.

Extension of this period is allowed only in exceptional cases and for no more than 30 days. What can be attributed to such cases? For example, when there is a need to conduct additional verification or request materials. The period for consideration of the application is extended by the prosecutor or his deputy with mandatory notification of the applicant.

Complaints about the actions (inaction) and decisions of the inquiry body, the investigator, the head of the inquiry unit, the investigator, the head of the investigative body, the prosecutor, as well as about sentences, rulings, resolutions and decisions of the court, including decisions made during pre-trial proceedings in criminal cases case, are checked in the manner and within the powers provided for by procedural legislation.

So, on the basis of Art. 124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor, the head of the investigative body considers the complaint within 3 days from the date of its receipt. In exceptional cases, when for verification it is necessary to request additional materials or take measures, the complaint may be considered within 10 days, of which the applicant is notified.

How long is the response period for an application, complaint or suggestion?

The law also establishes deadlines for consideration of appeals, after which it is necessary to submit a response about the essence of the problem raised to the person who sent the complaint, application or proposal. The terms of consideration, as well as the terms of registration, are prescribed in the provisions of the law in order to optimize and speed up the restoration of the legitimate rights of citizens and to fight back the dominance of bureaucratic delay.

As the legislation suggests in Part 1 of Art. 12 Federal Law No. 59, the duration of consideration of the problem raised in a written appeal from a citizen should not exceed 30 days from the moment this document is assigned an incoming number in a municipal or state structure.

If the appeal is submitted to the head of local executive power and concerns a violation of the law on migration, then according to the instructions of Part 1.1 of Art. 12, the consideration period is reduced to 20 days from the date of registration of the application.

Requirements for an application for a prosecutor's inspection

Many are afraid to contact the Prosecutor's Office with a complaint, because they think that due to possible errors their application will not be accepted. In fact, this is a myth. Unlike a lawsuit, filing an appeal to this supervisory authority is not difficult.

When drawing up an application, you should consider the following facts:

• the application will not be accepted by an authorized person of the Prosecutor's Office if it does not bear the signature of the applicant;
• if you want your appeal to be considered with subsequent verification of the offender, then be sure to indicate all your contact information;
• the complaint will also not be considered if you have not clearly stated the essence of the problem;
• It is better to state the essence of the violation briefly;
• You are guaranteed a refusal to conduct an inspection if you file a second complaint, i.e. if you have previously contacted the Prosecutor's Office in connection with the same inspection;
• Appeals to this supervisory body will not be considered if they contain insults or profanity.

If not considered

As a result of a comprehensive investigation, the prosecutor's office sends a response to the applicant with a decision. In any case, the applicant will receive a letter containing a response, even if the application is not subject to consideration.

Only letters that are anonymous, i.e., that do not contain a return address, remain unanswered. Verification activities are considered completed during the consideration of all issues covered in the application paper.

The applicant is required to be notified of the outcome of the proceedings. If the appropriate prosecutorial notice has been issued, the applicant must receive detailed information about when and where he can familiarize himself with the results of the execution of the decision. If the application is of a collective nature, the response may be sent to the responsible persons.

How to find out about the progress of your appeal

You can obtain information about the registration of the complaint (i.e., the date of its registration and registration number), as well as find out the time frame for preparing the response, the position and name of the person in charge, by calling the appropriate department of Rospotrebnadzor.

You can find out the telephone number of the help desk of a particular territorial branch of Rospotrebnadzor by using its official website.

In addition, if an unusual situation arises during the consideration of the application, Rospotrebnadzor is obliged to notify the applicant in writing.

Thus, the complainant will receive a notice:

• on extending the period for consideration of the complaint (clause 2 of article 12 of law No. 59);
• redirecting his appeal to a government agency whose competence includes consideration of the identified issues (Clause 3, Article 8 of Law No. 59);
• the inability to read an appeal sent in writing by a citizen, if the name and address of such an applicant are still legible (clause 4 of article 11 of law No. 59);
• the groundlessness of sending the appeal (clause 5 of article 11 of law No. 59);
• the inability to respond to a complaint due to the inadmissibility of disclosing information constituting a secret protected by law (clause 6 of article 11);
• inadmissibility of abuse of rights, for example, when sending a complaint, the text of which contains obscene language or threats (clause 4.20.4 of instructions No. 28), etc.

In addition, a citizen, upon written application, can familiarize himself with documents and materials related to the complaint under consideration, if this does not violate the rights, freedoms and legitimate interests of other persons, and also if they do not contain information constituting a secret protected by law (clause 4.23 of the instructions No. 28).

Receiving a reply letter

Consideration of a complaint or proposal on the merits of the problem raised logically ends with the adoption of a specific decision or resolution, of which the person who filed the appeal must be notified. So in subparagraph 4 of part 1 of Art. 10 Federal Law No. 59 indicates the obligation of an official, municipal or state structure to give a written response to the essence of the problem.

According to the instructions of Part 3 of Art. 10 this document must be signed by the management of the structure responsible for resolving the issue. Then, as part 4 of Art. 10 the document is sent to:

• by email – if the request was submitted in the form of an electronic document;
• through the post office - if the request was submitted on paper;
• for publication on the structure’s website if the problem concerned an appeal of a court decision in relation to an indefinite number of persons.

The answer is not given if the appeal falls under the provisions of Art. 11, namely:

• written by anonymous;
• contains an attempt to appeal the court decision;
• there are insults and threats to the official and his relatives;
• the writing is illegible or unclear;
• the essence of the complaint, appeal or proposal is not clear;
• an issue is repeatedly raised that was answered earlier, but the circumstances of the situation have not changed;
• the answer to the question has already been published in the media, including the Internet portal of the structure competent in relation to the appeal;
• consideration of the appeal reveals a secret of a national scale;
• previous obstacles to consideration of the issue have been removed.

How to submit a claim

Naturally, it is best to submit your claim in person.

The main thing is that it subsequently bears the signature and seal of an authorized person, which will be evidence of its acceptance for consideration. If they refuse to accept the claim, then you need to compose a letter with a notification and a description of the attachment, and send it to the legal address of the enterprise/company/store.

The claim must be made in writing and must contain the following information:

1. information about the seller indicating the legal address and head of the company;
2. buyer information;
3. information about the product, as well as a detailed description of those malfunctions, defects or defects that were discovered (if we are talking about a supply agreement, then a description of the situation that led to the desire to terminate the agreement, etc.);
4. date and signature.

A correctly drafted claim is already half the battle. If there is no response to the claim within a clearly defined period of time, you need to collect all the necessary documents, including confirmation of sending the claim, and file a statement of claim with the court.

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Actions of government agencies

After the addressee of the appeal considers it and analyzes it, the moment for action will come. The solution to the problems identified in the appeal can proceed as follows:

• visit of authorized employees to the place where the appeal is related;
• requesting information to help resolve the problem from other government bodies (with the exception of courts and investigative bodies);
• taking measures designed to restore or protect the violated rights of a citizen, as well as to defend his legitimate interests.

Subsequently, representatives of government agencies undertake to understand the problem reported to them

Government agencies to which requests were sent for the purpose of obtaining additional information are required to provide it within two weeks after receiving the request. The exception is data, the disclosure of which is prohibited at the level of the Federal Law (such documents include documents containing medical confidentiality).

Procedure and terms of consideration

After receiving a claim, the Central Office or a territorial division is required to register it within 5 days from the date of receipt, if it is drawn up in compliance with the requirements of the current legislation, and the solution to the described problem is within the scope of authority of the Federal Service. To clarify the circumstances of the incident and obtain additional information, the official has the right to make requests to other institutions and organizations, as well as to attract experts for objective assessments and conclusions that can be used when considering the case materials.

An accepted claim must be considered by the Service within 30 days after its registration. In some cases, the law provides for the possibility of extending this period once for another 1-30 days, having previously notified the applicant of a change in the consideration period.

The applicant will be notified in writing about the results of the review and the decision made to the address he indicated in the application (this can be either a postal address or an Internet box).

A meeting of the commission is considered valid if more than half of the members of the commission are present.

Consideration of a complaint by the Commission at a closed meeting is permitted in cases where an open meeting may lead to the disclosure of state secrets, in other cases provided for by federal law.

An audio recording is made of the Commission meeting, which must be kept for at least three years. Any person present at a meeting of the Commission has the right to make audio and video recordings of the meeting of the Commission, having previously notified the Commission.

Immediately before considering the complaint, the Commission checks the credentials of the applicant, the Customer, the operator of the electronic platform, and interested parties present at the consideration of the complaint. If the powers of these persons are not properly confirmed, such persons have the right to attend the meeting of the Commission without the right to give explanations on the merits of the complaint.

The procedure and time frame for consideration of a complaint by the prosecutor's office. How long does it take to consider a complaint to the prosecutor's office?

According to Article 124 of the Code of Criminal Procedure of the Russian Federation, the prosecutor is obliged to consider the complaint within 3 days from

day of admission to the prosecutor's office. If the applicant remembered during these 3 days any other details that can be attached to the complaint, then he must report this to the office, the representative who accepted your document. Then the review period is extended to 10 days.

And appeals submitted electronically are considered within 7 days from the date of registration with the prosecutor's office.

If your complaint does not contain sufficient data to resolve the issue, the document will be returned to the complainant within 7 days. A representative of the prosecutor's office should tell you what is missing in the appeal, offer to add information, or redirect you to another authority.

Please note that complaints aimed at conducting inspections and any examinations can be considered within 1 month. The deadline must be determined by the head of the body. You must be informed about the extension of the review period.

How and when can I get acquainted with the prosecutor's decision?

When making a prosecutor's presentation, the applicant is explained where and within what time frame he can become familiar with the results of the execution of the prosecutor's decision. When applying collectively, a response letter is sent either to everyone whose signatures are present on the application, or to the one whose last name is listed first. This citizen is responsible for notifying the other participants in the appeal about the results of the inspection.

The period for consideration of complaints by the prosecutor's office ranges from 3 to 30 days, but in the event of a request from the prosecutor, it can be extended for a period of 10 to 30 days. But you should also pay attention to other time restrictions. For example, the time limit for appealing decisions made by officials or the court in the field of criminal proceedings, as a rule, does not exceed ten days. If the applicant filed a complaint with an inappropriate institution, then the receiving authority has the obligation to forward the appeal as intended, notifying the citizen about this within seven days and giving him the necessary explanations about taking subsequent legally competent steps.

Applications not being considered

Not all appeals received by the prosecutor's office will be accepted for consideration by employees of this structure.

The law clearly states the cases when a complaint will be left without progress:

1. The law does not allow for the possibility of citizen interference in the internal affairs of law enforcement agencies. Those appeals, the substance of which can be concluded as an attempt to influence the work of the prosecutor's office, will most likely be left without consideration.
2. Complaints containing profanity, threats and insults will also not be considered.
3. Senseless, illogical statements are also left without permission if the applicant has a mental disorder and, in connection with this, this citizen is recognized as incompetent by a court decision.
4. Complaints sent again and not containing any new arguments and evidence will not be considered.
5. In addition, the prosecutor's office does not consider anonymous requests.

There may be situations when the received application does not fall within the competence of this prosecutor's office.

In this case, the case may be transferred to a higher prosecutor or, conversely, to a lower division of the prosecutor's office. The appeal can also be forwarded to other government agencies (for example, to the Department of Internal Affairs).

When the appeal is forwarded, it is supplemented with a covering letter, and the applicant receives a notification of where his complaint was addressed.

What to do if a violation is detected?

The fact that the deadline for considering an appeal is violated follows from the law and is determined by the duration of receiving an answer to the question:

• if the question is considered without forwarding and information requests, the response must be signed no later than 33 days from submission to the office, and the letter must arrive by mail with a postmark no later than this date;
• when redirecting a document, the period increases to 43 days: 3 registration days, 7 days for forwarding, 3 registration days with the competent structure and 30 days for studying the problem;
• if the progress of the case is accompanied by numerous requests and occurs with an extension, then the deadlines increase to 73 days, due to an additional extension of 30 days.

An appeal that is not considered on time can lead to unreasonable costs for filing a complaint, cause damage to property or the moral well-being of a citizen. In this regard, the law in Art. 16 gives a person the right to apply to the judicial authorities for payment by officials or organizations that delayed the appeal, a sum of money that will compensate for the losses incurred.

Example of a complaint to the prosecutor's office

Prosecutor of Yeysk

353685, Krasnodar region, Yeysk,

st. Dostoevsky, 74

from Sofia Alexandrovna Ustinova,

address: 353680, Yeysk, st. D. Donskoy, 202,

tel. 7943516531652

Complaint to the prosecutor's office

I am writing to you with a complaint about the illegal actions of my neighbor, Konstantin Nikolaevich Kosov, who lives at the address: Yeisk, st. D. Donskoy, 200.

Kosov Konstantin Vladimirovich, the owner of the neighboring plot, actually changed the boundaries of the plot owned by him, seizing the territory adjacent to the plot. This land is not used by anyone and is in municipal ownership. However, through this area the population of our area went down to the river and picked berries. Kosov K.V. illegally erected a fence (fence), thereby enclosing land that is not his property. In addition, he began to illegally erect a building on this land.

Such unfair actions violate the principle of combining the interests of society and the legitimate interests of citizens. Spontaneous seizure of land is not permitted. In accordance with Art. 9 of the Constitution of the Russian Federation, land represents the basis for the life and activities of the peoples living in the corresponding territory. At the same time, ownership and use of land should not violate the rights and legitimate interests of other persons.

Article 16 of the Land Code of the Russian Federation stipulates that land plots that are not owned by citizens, legal entities or municipalities are state property. I believe that such actions by the owner of the land plot at the address Yeysk, st. D. Donskoy, 200, violate the principles of state regulation of land legal relations and violate the rights of other citizens of the Russian Federation.

Based on the above, guided by the Federal Law “On the Prosecutor’s Office of the Russian Federation”, I ask you to check for compliance with the legislation of the Russian Federation the legality of changing the boundaries and area of ​​the above-mentioned land plot, to involve Kosov K.V. to the responsibility provided for by the legislation of the Russian Federation, oblige the Administration of the city of Yeysk to issue an order to demolish the unauthorized building and return the fence to its original location.

01/15/2017 Kishineeva M.A.

Documentation

Documents regulating the time frame for considering a complaint in the prosecutor's office are the Federal Law, the Criminal Procedure Code, the Civil Code of the Russian Federation, the Instruction on the procedure for considering citizens' appeals.

The period allotted for consideration is counted only from the moment the application is registered in writing. Therefore, the best option for filing a complaint is to make an appointment in person, since if you drop the application in the receiving box or send it by mail, it may be registered a few days later.

The person making the application must be notified by the supervisory authorities of any delay and its reasons without fail. Applications written illegibly, repeated, anonymously and those in relation to which repeated checks have already been carried out, the results of which the applicant was notified, and in the new application there are no new facts, are not subject to consideration.

An applicant who, for any reason, is not satisfied with the result of the consideration of the application, has the right to make an appointment in person and explain the essence of the requirements orally.

The period for consideration of a complaint by the prosecutor's office depends on many factors.

When a complaint may not be accepted

In conclusion, it is worth describing cases when your complaint may not be accepted at all. That is, those situations when, after studying the document, prosecutors refuse to open a case. The list of grounds for refusal is very long:

• The complaint was made with errors, there are serious corrections and numerous erasures;
• The complaint is not drawn up in accordance with the standard template provided by law;
• The complaint contains unconfirmed information and speculation that is not relevant to the case;
• The text of the complaint contains insults or profanity, or is completely unreadable due to grammatical errors;
• There are contradictions or incorrect information in the text of the complaint;
• The complaint does not contain any offense, or the crime committed is not being considered by the prosecutor’s office;
• The necessary documents and evidence were not attached to the complaint.

In this case, the period for consideration of the application by the prosecutor's office is not counted at all, and the complaint is returned to the applicant with an explanation of the reason for the refusal.

Drawing up a complaint

A complaint to the prosecutor's office is written in a conditionally arbitrary form, since there is no legally approved template for this document. Despite the absence of a unified form, when writing a complaint to the prosecutor's office, you must adhere to the general rules for drawing up such documents and be sure to indicate the following information:

• details of the prosecutor's office and/or full name of the authorized official: full name of the body, address;
• information about the person filing the complaint: full name, registration address, contact details (anonymous complaints remain unanswered);
• a comprehensive description of the situation requiring an appeal: date and details of the incident, identification of the persons involved;
• argumentation of the illegality of the actions of the named persons involved from the point of view of the law;
• a request to take action in accordance with the essence of the complaint and the requirements of the law;
• a list of attached documents or other evidence, subject to their availability;
• date of filing the complaint, signature of the applicant.

The complaint can be handwritten or submitted electronically and printed, and must be signed by the complainant by hand. A sample complaint can be viewed at this link.

In addition, when filing a complaint, it is recommended:

1. Adhere to a formal business style of speech.
2. Use extremely clear and correct wording.
3. When identifying the persons involved in the complaint, in addition to their full names, also indicate their positions (titles, class ranks), as well as other details that are directly related to the essence of the complaint.
4. Build arguments based on current legislation.
5. Attach to the submitted complaint documents or other materials (audio or video recordings, originals or copies of letters, acts, resolutions, etc.) that can serve as evidence of the unlawfulness of the actions of those involved in the complaint.

Collective complaint

An important circumstance is the fact that the legislation also provides for the possibility of filing a collective complaint with the prosecutor's office. This type of complaint is formalized in a similar way, with the only difference that at least two persons must act as applicants in its text.

At the same time, in addition to the full name, the text of the complaint also needs to record the address, contact information and signature of each of the applicants. The maximum number of persons interested in prosecutorial proceedings on a specific complaint is not limited : if necessary, the list of applicants can be drawn up as a separate annex to the complaint.

When considering collective complaints, they have increased priority compared to individual appeals, since they indicate cases of mass violation of rights.

Therefore, in most cases, in cases of illegal actions of employees of authorities and organizations, it is advisable for the prosecutor’s office to file collective complaints.

Filing a complaint

According to the provisions of the “Instructions on the procedure for considering applications and receiving citizens in the prosecutor’s office of the Russian Federation No. 45,” a written complaint can be delivered to the prosecutor’s office in person or sent by mail. The document should be sent to the division of the prosecutor's office located in the region where the illegal actions were committed: city, district, regional or other department.

Employees of the prosecutor's office that received the complaint are required to notify the applicant about the status of his appeal within a seven-day period. The submitted complaint may be accepted for resolution or transferred for resolution to other prosecutorial bodies in order to comply with the principles of hierarchy and jurisdiction.

An appeal may be refused if the prosecutor's office does not have the appropriate powers or if the requirements stated in the complaint do not comply with the law.

Can the applicant view the verification materials?

Upon completion of the inspection, the applicant is given the right to familiarize himself with the case materials.

To do this, you must contact the prosecutor with a corresponding application.

A decision is made to provide the citizen with verification materials or to issue a reasoned refusal. The applicant receives written notification of this decision within ten days.

The reason for refusal may be, for example, the content of information in documents that constitutes a state secret.

Complaints received by the prosecutor's office are an important element of monitoring the implementation of legislation in the country.

Therefore, every citizen should have information about the procedure for writing an application.

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Comments:

Can a complaint be left without notification or permission?

According to clause 4.12 of the instructions, correspondence should stop if there are no new arguments, what is stated has already been fully verified. Also, according to the above, an answer was given in the prescribed manner. The executor must give a reasoned conclusion on termination of correspondence. The author receives a message from the artist about this even before the deadline has expired. When the correspondence has already been stopped, and the author sends a new appeal without additional arguments, the correspondence is not resumed. In this case, the contractor informs the sender in writing.

Is it possible to resume correspondence? If there are no more reasons why the correspondence was stopped, then it is resumed. But if new data is available, the check established by the instructions is carried out again.

The period for consideration of a complaint by the prosecutor's office in an administrative case must be taken into account.

Topic Rospotrebnadzor

Sergey Biktimirov, I sympathize with you, but you have no right to DEMAND this from the RPN. Moreover: Rospotrebnadzor is not obliged to protect specifically and only your rights.

This is a controlling organization and its functions do not include fulfilling consumer requirements.

The general scheme (it worked in relation to other bodies - will it work here too, why is Rospotrebnadzor worse?) is as follows: you apply for the first time, in writing, with notification of receipt - they are silent - a month later you apply again, indicating that the application is repeated - they are silent - you complain to a superior - there is a chance that they will answer, if not - you complain to the prosecutor’s office, ask to check the legality of the non-consideration of your appeal - this is where everything starts to spin

There is one important point: exactly which department of Rospotrebnadzor did you write to? because if you immediately write to high authorities, then some time will be spent on getting your complaint down

About the solution

In the considered application, one of the decisions approved in the special instructions will be made. And the applicant will be notified of the decision made. Applications can be made by:

• forward to the jurisdiction or for consideration of a lower prosecutor's office;
• fully or partially satisfy to protect the interests and legal rights of the person who applied;
• clarify the factual requirements specified in the appeal;
• reject if the requirements specified in the appeal are unfounded, if the inspection has refuted the facts of any violation of the law.