What is the difference between a statement and a complaint to the prosecutor's office

What you need to know when approaching the prosecutor's office

The Prosecutor's Office of the Russian Federation is a federal structure for supervision of Constitutional rights, the freedom of citizens and the implementation of laws on the territory of our state. It includes military, law enforcement and civilian prosecutors' offices.

This service also monitors the implementation of the provisions of the law by state, federal, commercial structures, but at the same time its divisions “do not replace other government bodies and officials who monitor the observance of human and civil rights and freedoms, and do not interfere in the operational and economic activities of organizations “, - according to paragraph 2 of Article 26 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” N 2202-1.

In other words, the supervisory service monitors the implementation of the law by state subjects and its citizens, but does not assume the functions of relevant departments. For example, failure to fulfill contractual obligations for the heat supply of an apartment building by a boiler house should be resolved primarily with its manager. If the dispute cannot be resolved or, as most often happens, you have not received any response, then you need to file a complaint with the prosecutor’s office against the management company. More on this below.

Procedure for contacting the prosecutor's office

You can contact the department in two ways:

Traditional written submission of an appeal
Submit a complaint to the prosecutor's office online

The request may take the form:

Complaint: a request for restoration or protection of violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons;
Proposal: recommendations for improving laws and regulations, the activities of government bodies, improving the activities of the state, etc.;
Application: a request for assistance in the implementation of constitutional rights and freedoms, or a report of violations of laws, shortcomings in the work of government agencies, local governments and officials, or criticism of their activities;
Petition: the applicant for recognition in cases established by the legislation of the Russian Federation of a certain status, rights, freedoms;
Collective appeal: an appeal by two or more persons or an appeal adopted at a rally or meeting and signed by the organizers or participants of the rally or meeting.

How to write a statement to the prosecutor's office

You can give your appeal an appropriate title (complaint, proposal, statement), but you don’t have to. The law does not oblige you to do this. The people there are not stupid, they will figure it out.

The upper right part of the application must contain the following information, without which it will not be accepted for consideration:

either the name of the body to which the document is addressed, or the full name of the official, or his position - indicate at least one of the above of your choice;
your last name, first name, patronymic (if any);
postal address where you need to send a response or notification of forwarding the application;
the essence of your complaint or suggestion;
your personal signature;
date of.

You have the right to prepare a letter either in writing by hand or printed on a printer. It makes more sense to submit it in two copies: one is registered and accepted for work, the second is marked with the registration number, date, position and full name of the employee who accepted it.

You should not attach an emotional connotation to the description of your problem. Write dryly and concisely to the essence of the issue. Indicate how you believe your rights, the rights of third parties, or laws or regulations are being violated. If you are sure and know which legal norms have been violated, indicate the number of articles, parts and paragraphs. If in doubt, you can limit yourself to the wording: “I ask you to carry out a prosecutorial check and give a legal assessment of the actions..., if an offense is detected, take prosecutorial response measures...”

In any case, the decision on the presence or absence of an offense or violation of specific legislative norms will be made by a competent employee.

How to submit an appeal to the supervisory authorities

You can draw up and send an application to the prosecutor's office both on behalf of an individual and on behalf of a legal entity. The complaint sent to the supervisory authority must include detailed information about the person whose activities led to the offense. In the application, the applicant must identify his identity in detail, indicating personal data (last name, first name and patronymic), as well as his contacts.

The application to the prosecutor's office is drawn up in writing, accompanied by documents that may serve as the basis for the investigation. If the application is filled out incorrectly, the sample is not followed, or it contains an insufficient number of requirements for elimination, the prosecutor's office may reject such an application until the deficiencies are eliminated.

Consideration of the appeal

To the prosecutor

__________________district

from________________________

residing at____

__________________________

Tel.______________________

Statement

I ask you to conduct a prosecutorial investigation and protect my rights under the following circumstances: (describe in detail the reason for the appeal) _________________

____________________________________________________________________

Date Signature

According to current legislation, the period for consideration of applications is from 15 to 30 days. The response will be given in writing to the address indicated by the applicant. The complaint is submitted only once. Repeated appeals on the same issue will not be considered.

Application to the prosecutor's office - sample

Thus, the complaint can be divided into:

statement header
main part: the essence of your complaint or suggestion
a specific request regarding how you see the solution to the problem presented: bringing the offender to justice, stopping the offense, returning the organization’s activities to the legal channel, recognition of the status or right, etc.

As a guide, I’ll give an example: an appeal to the prosecutor’s office, a sample of a real statement:

Consideration of citizens' appeals to the prosecutor's office

Any applications submitted properly will be considered. Based on the results of the preliminary review, one of the following decisions may be made:

hired;
left unsatisfied;
transferred to lower prosecutors;
sent to other authorities;
consideration is terminated;
attached to a previously registered application;
returned to the applicant.

A registered application is resolved within 30 days. If the application does not require additional study and verification, then within 15 days. If the complaint requires additional verification, the period may be extended, but not more than 30 days. You will be notified of this in a separate notification.

If the text of the application is not readable, no response will be given. If your name and address can be read, you will be notified within 7 days of registration.

Appeals in which there is not enough information sufficient to resolve the issue, or the employee cannot understand the essence of the request, are also returned within 7 days with an offer to fill in the missing data.

What to do if you find out about the illegal activities of an individual entrepreneur?

Any business in Russia must be conducted legally. Even now, some entrepreneurs manage to break the law:

work without registration with the Federal Tax Service, for example, an application has been submitted to the tax authority, but a notification of registration has not been received;
there are no licenses for work or services that are carried out only with permits, for example, for conducting educational or medical activities;
concealing actual income, for example, receiving regular income from hairdressing services at home.

In the above cases, you can complain to:

OBEP;
Inspectorate of the Federal Tax Service;
The prosecutor's office.

If you don’t know which body to choose, you can’t go wrong if you write an appeal to the tax office. The received application will be verified and, if necessary, forwarded to other competent authorities for further investigation.

What can be dangerous about contacting the prosecutor's office?

It should be remembered that any false appeal is a punishable offense. For false denunciation, the Criminal Code provides for liability under Article 306. However, in practice, this type of liability more often arises during the initiation of criminal cases or refusals to initiate them. This topic is not the subject of this article, since the form of appeal to the prosecutor’s office considered here is aimed at resolving issues largely outside the scope of criminal procedural relations.

However, I note that you can contact the prosecutor's office with a request to initiate a criminal case, but this procedure requires drawing up a protocol, personal presence and identification of the applicant. If, during the process of filing an application to initiate a criminal case, you provide an employee with knowingly false information and all four elements of a crime are discovered, including false information about a specific person and a specific crime, then in this case you may actually be held accountable under Article 306 of the Criminal Code .

Also for reasons of severe liability for such crimes, you should never distort facts, invent or embellish events. The statement must describe the problematic situation in line with the events that actually occurred. It is advisable to support your position with copies of documents, photographs or video materials.

How to properly draw up and submit a complaint to the prosecutor's office

In the life of any person, a situation may arise when the only solution to a problem may be communication with the government. the body that controls the rest of the state structures is the prosecutor's office. How to submit an appeal? Should I write a complaint or submit an application? What are their differences?

Reasons for filing a complaint

Problems that cannot be solved without the prosecutor’s office can be completely different, but the main ones are:

delay of salary or non-payment;
neutral attitude or abuse of authority by superiors;
violation of the rights of those in prison;
state refusal organizations in providing any requested documents that are in the public domain.

Is it better to file a complaint or leave a statement?

There are differences between an application/complaint, and its consideration depends on the type of document submitted, so it is worth understanding this terminology when filing.

Application - a citizen’s request for assistance in exercising the rights of one’s own or other persons, as well as a statement about someone breaking the boundaries of the law.

A complaint is a citizen’s request for protection/restoration of already violated rights.

How can I contact the prosecutor?

There are four ways to send an appeal to the prosecutor's office:

personal visit: the complaint can be accepted orally, after which it can be put in writing, but it is better to have all the documents and the paper itself in advance;
send a complaint using Russian Post services;
place the complaint in the box marked “For applications and appeals,” which is available in any department of the prosecutor’s office;
file a complaint using the online mode. The review will be no different from any other possible method.

Important: Since 2011, the work of the Investigative Committee is not part of the prosecutor’s office, in other words, this state. the body no longer deals with criminal proceedings. Relevant appeals must be submitted to organizations involved in criminal prosecution.

Proper filing of a complaint

Requirements and documents can be obtained by a citizen in instructions issued directly at the institution or on an online resource. However, the prosecutor’s office does not ask for strict individual requirements; submission is carried out in free form, taking into account the reason for drawing up the appeal.

In the upper right corner is the name of the prosecutor's office or the full name of the elected official;
Below, on the same side: the applicant’s details, as well as his address where the response should be sent;
Fill in the next line in the middle with the word “Complaint”;
Further filling: a clear statement of the essence of the problem and the request from the prosecutor’s office;
After the application, documents and evidence of the case are attached (copies are possible), if necessary;
Right at the end: signature, date of sending.

Other compliance measures

Despite the free form of appeal, the prosecutor's office requests some additional general requirements for the convenience of considering the case:

the text of the applicant must be clear and legible; if the authority cannot understand it, the document will be issued for re-drafting. In the event that the full name also turns out to be illegible, the applicant risks being left without a response;
Avoid the use of obscene language, threats and insults. In case of violation, the applicant remains unanswered, notified of incorrect treatment and the absence of the right to abuse in drawing up a complaint.

Consideration

Each complaint filed is first subject to consideration, and only then to finding a solution to the problem. The paper may also be returned for resubmission with any errors corrected, remain unanswered, not reviewed, accepted, or transferred to other authorities.

The review period depends on several factors, such as:

requirements from the applicant;
the need to search for evidence of the facts provided;
other information of the applicant.

Important: the review period can be shortened or general, but in any case the result will come to the applicant in no more than 7 days. The only exception is the illegibility of the text; in all other cases, the applicant receives a document with the result, even if the prosecutor’s office decided to refuse to satisfy the applicant’s demands.

If the case is accepted for consideration, its period is exactly one month in the situation where verification of the attached data is required. If no verification is required, and there is no need to transfer the case to other jurisdictions, then the consideration takes 15 days. When submitting an urgent application, the application is considered immediately.

If necessary, the applicant has the right to request an increase in the period for reviewing his data. To carry out such an action, you must have a petition from the head of the prosecutor's office. It must be submitted no less than three days before the deadline for consideration.

Important: the start of document review begins from the moment the paper is registered, so it is recommended, if possible, to exclude the option of using the services of the Russian Post, since the delivery of documents may cause a delay in review. If the expiration date falls on a weekend, the last day is considered to be the next working day on the list.

www.grazhdaninu.com

Application to the prosecutor's office against the management company

In most cases, before contacting law enforcement agencies, it is necessary to send a complaint to the management company (MC) itself. To do this, it is enough to prepare two copies of the letter and register them with the secretary. One copy with acceptance marks must remain in your hands. If your requirements are met at this stage, you will save your time. If the answer does not satisfy you or you do not receive it at all, then you should contact Rospotrebnadzor, the Housing Inspectorate and the prosecutor's office, depending on the specifics of the issues being considered.

In some situations, you should not waste time and complain directly to the prosecutor's office. It is appropriate to draw the department’s attention to checking such circumstances as, for example, facts of misuse of funds or violations in the calculation of payments.

A complaint to the prosecutor's office against the management company is drawn up in the same manner as given above in this article. In addition, here you must describe what services were not provided or were provided incompletely, what violations were committed, and provide the response of the Criminal Code to your claim. If possible, provide a link to the provisions of the Housing Code or Federal laws that were violated.

In the final part, indicate your requirements regarding prosecutorial response measures and expected decisions.

The activities of many management companies are teeming with a large number of all kinds of violations, so the conditions of maintenance of our houses leave much to be desired and it is in our hands to make living more comfortable and safe.

Home Protecting your rights in the housing and communal services sector (Step-by-step strategy. Part 2)

Mountains of snow? Lots of trash in the yard? The lamp is not on? Bollards in the parking lot? Is the lawn trampled or are there no trash cans? The problem can be solved “overnight.”

We are writing to the Department of Energy and Housing and Communal Services of the Ryazan City Administration, the Department of City Improvement and Road Facilities of the Ryazan City Administration, the Department of Control and Administrative and Technical Supervision of the Ryazan City Administration, the Department of Rospotrebnazdor for the Ryazan Region, the district prefecture, the head of the city administration. Ryazan, the governor of the Ryazan region and all sorts of higher authorities.

According to current legislation, they will forward your application according to their jurisdiction and territoriality.

Imagine the reaction of an official when he receives a dozen statements about the same violation from different higher organizations. In most cases, he immediately lifts his “fifth point” from the chair and instantly eliminates the violation, since he is obliged to send a response not only to you, but also to all higher authorities (up to the President and Chairman of the Government of the Russian Federation).

We recommend that you highlight one specific problem in your appeal (compose separate appeals for other issues).

After 30 days, you should receive a response from the supervisory authority you contacted.

If you, in addition to the body directly responsible for your problem, also applied to other authorities, then first, within 30 days, you will receive from them letters about forwarding your appeal to the body directly responsible for your problem, and then their response to your problem . + add 7 days to this period for shipping. Thus, within a maximum of 37 days you have a response to your request.

Of course, the period is not short, but you do not have to make numerous useless trips to the management organization, the result of which is often zero.

In case of inaction of officials, we feel free to contact the Prosecutor’s Office with copies of all appeals attached.

Below are sample requests and their step-by-step sequence.

Stage 1. We write an application to the management organization:

Director ______________ (indicate the name of the management organization)

Ivanov Ivan Ivanovich

from the owner of apartment No. __ at the address:

Ryazan, st. _________, d. ____

Petrov Petr Petrovich

Contact phone: 8-000-000-00-00

Statement

I would like to bring to your attention that _______________ (we state the essence of the problem, for example, garbage accumulates near the container site, the lawn is trampled, there are no trash cans, the lights are not lit, there are holes in the sidewalk, curb stones are damaged, parking spaces are fenced with posts and chains with locks, there is no manhole cover , the bench is broken, the snow has not been removed, etc.).

I pay housing and utility bills on time and in full and pay for the maintenance of housing.

In connection with the above, and also in accordance with ________ (indicate regulatory legal acts, for example, the Rules for the improvement of the territory of the municipal formation - the city of Ryazan, the Housing Code of the Russian Federation, the Rules and Standards for the Technical Operation of the Housing Stock, etc.) I require within ___ days (from the date of filing this application) to eliminate the above violation;

If work to eliminate the malfunction is not completed within the specified period, I reserve the right to seek protection of my rights and legitimate interests from higher authorities and regulatory authorities.

00.00.2012 (signature) Petrov P. P.

Applications:

(be sure to attach copies of inspection reports, photographs if possible, etc.)

1. Inspection report dated 00.00.2012. No.____ (Copy);

Total sheets _____ pcs.

IMPORTANT:

We write all letters, complaints, appeals in 2 copies. We require a stamp of acceptance on one copy (input number, date and signature of an authorized person) and keep it as the apple of our eye.

If possible, contact should be made collectively. In this case, at the end of the appeal you should indicate the following:

“Please send the answer to our representative – (indicate full name), to the following address: ______________________. (if desired, provide a contact phone number).

All applicants must indicate their full name under the text of the appeal and sign.

Stage 2.

Read also: Causing grievous bodily harm

In case of failure to comply with our requirements, we contact higher authorities (Department of Energy and Housing and Communal Services of the Ryazan City Administration, Department of City Improvement and Road Facilities of the Ryazan City Administration, Department of Control and Administrative and Technical Supervision of the Ryazan City Administration, Department of Rospotrebnazdor for the Ryazan Region , district prefecture, head of the Ryazan administration, governor of the Ryazan region, etc.):

Head of the Department of Control and Administrative - Technical Supervision

administration of Ryazan

Kulaev A.B.

Dear Alexander Borisovich!

In residential building No.___ (or in the local area) at the address: Ryazan, st. _________, d. ____ service organization ________________ (indicate the name of the service organization) does not comply with the “Rules for the improvement of the territory of the municipal formation - the city of Ryazan” (or indicate another law or regulatory act, depending on the specific case).

00.00.2012 I submitted an application addressed to the director of __________________ (indicate the name of the service organization) that ______________ (state the essence of the problem, for example, garbage is accumulating near the container site, the lawn is trampled, there are no trash cans, the lights are not lit, there are holes in the sidewalk, damaged curb stones, parking spaces fenced with posts and chains with locks, there is no manhole cover, a bench is broken, snow has not been removed, etc.).

There was no reaction to my statement.

I pay housing and utility bills on time and in full and pay for the maintenance of housing.

In connection with the above and in accordance with _______________ (indicate regulations, for example, the Housing Code of the Russian Federation, Rules and Standards for the Technical Operation of Housing Stock, SanPiN 2.1.2.2645-10 “Sanitary and Epidemiological Requirements for Living Conditions in Residential Buildings and Premises”, GOST 30494-96, Article 33 of the Constitution of the Russian Federation, Federal Law of May 2, 2006 N 59-FZ, etc.), I ask:

1. Conduct an appropriate inspection and oblige the director ________ (indicate the name of the service organization) Ivanov I.I. fulfill the requirements specified in the application dated 00.00.2012;

2. Take control of the work to eliminate the above malfunction;

3. Bring the perpetrators to justice and issue an order to eliminate the violations.

Sincerely, resident of the apartment No.___ at the address: Ryazan, st._______, no._____, Petrov Petr Petrovich. (contact phone: 8-000-000-00-00)

"___" _______________ 2012 (signature) Petrov P.P.

Applications:

1. Inspection report dated 00.00.2012. No.____ (Copy);

2. Application to ________ (indicate the name of the service organization) dated 00.00.2012. entry No.___ (Copy);

Total sheets _____ pcs.

We send the appeal to the address: 390000, Ryazan, st. Pochtovaya, 60, or take it personally to the reception (tel. +7 (4912) 28-04-65).

Also, we send the application by mail or take it to the reception:

1. Head of the Department of Energy and Housing and Communal Services of the Ryazan City Administration (Ivan Sergeevich Mironov, 390000, Ryazan, Pozhalostina St., 27, tel.: 8reception);

2. Head of the Department of City Improvement and Road Facilities of the Ryazan City Administration (Roman Evgenievich Khudyakov, 390023, Ryazan, Uritsky St., 3, building 1, tel. reception)

3. To the head of the territorial administration - prefecture of the ___________ district (your district) of Ryazan;

4. Head of the administration of the city of Ryazan (Vitaly Evgenievich Artyomov, 390000, Ryazan, Radishcheva St., 28, reception phone);

5. Governor of the Ryazan region (Oleg Ivanovich Kovalev, 390000, Ryazan, Lenin St., 30, tel.);

6. Office of Rospotrebnadzor for the Ryazan region (390035, Ryazan, Ostrovsky St., 51-a, tel. reception. Head of the Office is Sergey Vasilievich Safonkin);

7. Other authorities at the municipal level.

Appeals to structural units of the Ryazan administration

can be sent through the Internet reception of the Ryazan administration.

This is what an example response to a request looks like:

Stage 3.

If officials show inaction on your request, we will write a statement to the prosecutor’s office regarding this fact.

To the prosecutor's office ______ district of Ryazan

from the owner of apartment No. __ at the address:

Ryazan, st. _________, d. ____

Petrov Petr Petrovich

Contact phone: 8-000-000-00-00

COMPLAINT

on unlawful inaction of officials (list whom)

There was no reaction to my statement.

I pay housing and utility bills on time and in full and pay for the maintenance of housing.

We contacted __________ (list where), but this did not yield any results. Also, nothing was done based on the results of the inspection of __________ (specify which authorities).

Based on the above, I request:

1. Identify persons guilty of _______________________ (for example, violating the Rules for the improvement of the territory of a municipal entity - the city of Ryazan);

2. Conduct a check of the legality and legality of the actions of_______(specify the official);

3. Monitor the actions of _____________ employees (specify the official) to eliminate the violations specified in the appeals and acts of ______________ (specify acts of supervisory authorities with instructions);

Based on Art. 4 of the Law of the Russian Federation “On appealing to court decisions that violate the rights and freedoms of citizens,” I ask you to give an answer within a month about the measures taken to eliminate violations of my rights and legitimate interests.

"___" _______________ 2012 (signature) Petrov P.P.

Applications:

1. Inspection report dated 00.00.2012. No.____ (Copy);

2. Application to _______ (indicate the name of the service organization) dated 00.00.2012. entry No.___ (Copy);

3. Appeal to the Head of the territorial administration - prefecture of ___________ district (specify the district) of Ryazan ___________________ (specify the name of the Prefect) dated 00.00.2012. entry No.___ (Copy);

4. Appeal to the Head of the Administration of Ryazan V.E. Artemov. from 00.00.2012 entry No.___ (Copy);

5. Appeal to the governor of the Ryazan region O.I. Kovalev. from 00.00.2012 entry No.___ (Copy);

6. Appeal to the Office of Rospotrebnadzor for the Ryazan region dated 00.00.2012. No___ (Copy);

7. Appeal to the Department of Control and Administrative and Technical Supervision of the Administration of the city of Ryazan dated 00.00.2012. entry No.___ (Copy);

8. Appeal to the Department of Energy and Housing and Communal Services of the Ryazan Administration dated 00.00.2012. entry No.___ (Copy);

9. Appeal to the Department of City Improvement and Road Facilities of the Ryazan Administration dated 00.00.2012. entry No.___ (Copy);

10. Response from the Head of the territorial administration - prefecture of the ___________ district (specify the district) of Ryazan _____________ (specify the name of the Prefect) dated 00.00.2012. No___ (Copy);

11. Response from the Deputy Head of Administration of the city of Ryazan (indicate the full name of the deputy head) dated 00.00.2012. No___ (Copy);

12. Response from the Governor of the Ryazan Region to O.I. Kovalev. (or an authorized person, indicate full name, position) dated 00.00.2012. No___ (Copy);

13. Response from the head (or authorized person, indicate full name, position) of the Rospotrebnadzor Office for the Ryazan region dated 00.00.2012. No___ (Copy);

14. Response from the head (or authorized person, indicate full name, position) of the Department of Control and Administrative and Technical Supervision of the Administration of the city of Ryazan dated 00.00.2012. No___ (Copy);

15. Response from the head (or authorized person, indicate full name, position) of the Energy and Housing and Communal Services Department of the Ryazan Administration dated 00.00.2012. No___ (Copy);

16. Response from the head (or authorized person, indicate full name, position) of the Department of City Improvement and Road Facilities of the Ryazan Administration dated 00.00.2012. No___ (Copy);

Total sheets _____ pcs.

We are waiting for the response and actions of the prosecutor's office.

Stage 4.

If the management organization (or other responsible organization) does not comply with the orders issued by officials and the Prosecutor's Office within the specified period before this time, we write appeals regarding this fact (to the Prefecture of the region, the head of the administration of the city of Ryazan, the governor of the Ryazan region, etc. .).

At the same time, we send a letter to the President of the Russian Federation and the Chairman of the Government of the Russian Federation (at the addresses: 103132, Moscow, Ilyinka St., 23 - to the President of the Russian Federation; 103274, Moscow, Krasnopresnenskaya embankment, 2 - to the Chairman of the Government of the Russian Federation) with a description situation and attaching copies of all documents (appeals and responses) and a request, as a guarantor of the Constitution, to protect your rights and legitimate interests as a citizen of the Russian Federation, to instruct the relevant authorities to monitor the implementation of the order and bring the perpetrators to justice. (We send a copy of this letter to the Prefecture of the region, the head of the administration of the city of Ryazan, the governor of the Ryazan region, etc.)

In most cases, before this time, all residents’ demands are fulfilled by the management organization or other responsible organization (responsible person).

As a last resort, do not forget about the opportunity to apply to the court for protection of your rights and legitimate interests, given that by this time the entire evidence base will be in your hands! Good luck!

PS: Remember, only control by society can correct the situation in housing and communal services.

Don’t forget that at the Malaya Rodina Information Agency you can get free legal advice on housing and communal services issues and the protection of your housing rights, as well as ask any questions you are interested in in the “Question and Answer” section.

basis - Legislative acts in the field of housing and communal services.

Shashnov V.V. (Legal department of the Malaya Rodina news agency)

How not to get unsubscribed

I do not exclude the possibility that your first letters to the prosecutor will end in receiving a formal response. This occurs due to a lack of understanding of the jurisdiction in considering those issues that are sent to this structure. Over time, you will become clearer in which cases a direct appeal to the prosecutor is more effective, and in which cases preliminary correspondence with third-party organizations is required. That is why here I have tried to outline in detail how to correctly file an appeal to the prosecutor’s office, a sample of which is given above.

I wish you good luck and perseverance in defending your interests!