Samples of statements, objections, complaints, petitions in civil cases

Filing complaints against the actions or activities of an official or organization is one of the rights guaranteed to citizens by the Constitution. Moreover, depending on the controversial situation, a complaint can be filed before filing a statement of claim or administrative claim, simultaneously with it or during the consideration of the case.

The website provides examples of complaints and recommendations for preparing them on various topics. From complaints to a government agency to complaints to the post office, to a kindergarten, to an insurance organization, etc. Unlike pre-trial claims, a complaint is not required by law. However, filing such a document can not only resolve an individual dispute that has arisen, but also affect the practice of applying laws or carrying out professional activities.

What is a complaint

From a legal point of view, a complaint is the most effective method of protecting rights and freedoms. It is worth considering that this type of treatment always has consequences. Therefore, if the subject of the complaint is a far-fetched grievance on the part of a citizen, which is supported only by moral norms, it is worth thinking about the advisability of drawing it up.

A complaint is an official document, a claim, with the help of which a person can declare a violation of his legal rights. In other words, a complaint is the starting point for resolving a conflict.

The law does not provide for a specific form of writing a complaint. The claim is written in any form. The main requirement is to clearly and concisely describe the current situation. In order to competently justify the requirements, we recommend analyzing the following regulatory documents:

1. Federal Law “On the procedure for considering citizens’ appeals.”
2. Code of Civil Procedure of the Russian Federation.
3. Code of Administrative Procedure.
4. Arbitration Procedure Code.
5. Code of Criminal Procedure of the Russian Federation.
6. Federal Law “On the Prosecutor's Office”.

In addition to the above documents, it is worth familiarizing yourself with the norms of local legal acts that are issued by local governments in a specific region of the country.

Results

Thus, a claim for services of inadequate quality is subject to the general rules for drawing up a claim, taking into account the specifics established by the Law (for consumers - individuals), special laws in a particular service sector and business customs in this branch of civil legal relations.
Consumers can use sample claims developed by Rospotrebnadzor and its territorial bodies, and organizations can use a sample claim posted on our resource. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Reasons for writing

The main reasons for writing a complaint are:

1. Rude attitude from officials and ordinary employees.
2. Poor quality service in retail or wholesale trade.
3. Extortion of a bribe. This category can also include any forced material gratitude to an official.
4. Violation of the work schedule of enterprises of all forms of ownership.
5. Refusal to provide benefits.

Personal interests can be violated not only by government agencies. There are often cases when a citizen’s labor rights are violated. In such cases, it is not recommended to immediately file a complaint with higher authorities. The best way to resolve a conflict with minimal losses is a conversation with the manager.

Personal or collective

There are two main types of claims:

1. Private - filed on behalf of the person whose rights have been violated.
2. Collective - submitted on behalf of 2 or more persons.

Collective requests are always treated with close attention. They are never ignored and are always placed under special control.

Do not think that private appeals are meaningless. A properly filed complaint, the meaning of which is supported by legislative norms, will bring results.

Types of claims

Every citizen who is not deprived of legal capacity has the right to write a complaint. In Russia there are two main categories of this documentation. Including:

• personal;
• collective.

The first type provides that a document is written on behalf of a specific citizen. From a practical point of view, it is important to note that such acts are subject to less scrutiny. A collective document assumes that it has several drafters. If you write an appeal on behalf of several citizens, it will be more effective in terms of consideration. Decisions on such documents are made faster.

Form and content

Complaints can be oral or written.

Oral appeal is appropriate mainly in cases of contacting the dispatch service or call centers of large organizations. In order to be sure that your complaint will not be ignored, we recommend that you always check the contact details of the person who took note of the appeal and the serial number of the appeal.

A written complaint has a number of advantages. However, for a positive result, it is worth considering the following:

1. The appeal is drawn up in two copies. One remains with the addressee, the other with the applicant.
2. The copy that remains with the applicant must be marked with receipt.
3. If it is not possible to personally deliver a copy of the application to the desired organization, use mail or courier delivery services.

The law does not provide clear regulations for filing a complaint. However, when writing, you should be guided by the norms of business correspondence.

Typically the appeal structure consists of:

1. Details of the parties (in other words, “header”).
2. Description of the problem.
3. Applicant's requirements.
4. Date and signature of the applicant.

Let's consider each point in detail.

Applications

In cases where clients contact the bank and can support their arguments with any documents, it is worth attaching them to the claim. There is no need to send original documents to the bank; copies are better. In this matter, when filing a claim with the bank, a sample is also not provided.

So, if we are talking about excess write-offs, you can attach a copy of the loan agreement, which indicates the exact amount of write-offs per month. Or if the bank did not count the funds paid, then it is worth sending along with the claim a copy of the check or payment receipt.

Entrepreneurs can attach to their claim, as an example, a copy of a payment order when the transaction they need was not carried out on time or was not carried out at all. And when an organization applies, the issue is definitely not resolved without additional documentation.

Legal provisions

It is preferable to correctly describe in the complaint the legal norms that, in the client’s opinion, were violated.

A clear indication of the law will save the bank from unnecessary thoughts, and the client from further illegal actions of the organization.

Basically you need to refer to:

• to the norms of the Law “On Protection of Consumer Rights”;
• to the norms of chapters 21 to 27 of the Civil Code of the Russian Federation.

If the client is not sufficiently aware of these legislative acts, then he needs to contact a qualified lawyer who will tell you how to correctly write a claim to the bank. Since the claim to the bank does not have a sample, this will be the best solution for any consumer.

Details of the parties

The “header” indicates the names of the parties, their addresses and contact information. You can find out the exact contact details of the addressee either on the organization’s website or on any official document issued by this organization (for example, a cash receipt).

The applicant's details must also be specified in the application. Be sure to include a current phone number. If the redneck is of a collective nature, one person on whose behalf the application is submitted is indicated as the applicant.

Welcome to complain

Any persons (individuals, legal entities, and including individual entrepreneurs) whose rights are violated by non-normative acts (concerning specific individuals) or actions (inaction) of employees of a lower-level Federal Tax Service have the opportunity to complain to a higher tax office.
Anyone who has discovered that tax laws have been violated has the right to apply. Specific reasons for appeal are an error in the calculation of taxes, a fine, refusal to take into account the required benefits, etc. All this is a reason to write a complaint to the tax office against the employer. This issue is regulated by separate provisions of Chapter. , 20 NK. In particular, this is Art. 137 - 140 which will help you navigate a specific situation.

The structure of a written claim signed by the applicant (his representative) consists of the following elements:

1. FULL NAME. and the place of residence of the individual who is complaining, or the name and address in the case of a legal entity.
2. Actions (inaction) of tax authority employees or its non-normative act, about which there are protests.
3. Name of the body violating the rights of the taxpayer.
4. The person whose rights have been violated indicates the reasons why he believes so.
5. Requests of the applicant.
6. How convenient is it to receive the result of the analysis (paper by mail or electronically via the Internet or through the taxpayer’s personal account).

In addition, contact telephone numbers (fax), email address, and other data that will facilitate consideration are indicated here.

The attachments here will be documents that confirm the position of the author and the corresponding power of attorney when submitted through a representative. This is what a complaint to the tax office looks like: the sample can be used as a template.

Main part and description of the problem

The text of the complaint is drawn up in accordance with the norms of business correspondence. The use of profanity and overly emotional statements is unacceptable. However, it is worth considering that a complaint written in a conversational style cannot be rejected. All appeals from citizens are subject to mandatory consideration. The exception is anonymous statements.

The applicant's claims must be supported by legislative norms. But this requirement is not mandatory. Many citizens do not have sufficient knowledge in the field of law. Therefore, it is permissible to present the applicant’s claims without reference to articles of regulations.

Prosecutor's office

Employees of the prosecutor's office carry out supervisory activities to ensure compliance with the requirements of current legislation. Therefore, their competence includes consideration of all types of complaints.

There are two time periods for consideration of citizens' appeals by the prosecutor's office: shortened and general. The general review period is 30 days, the shortened period is 15 days.

A shortened period applies if:

• confirmation of information does not require additional verification;
• the application is submitted by the Commissioner for Human Rights;
• a deputy or parliamentary request has been received.

The period for consideration of a complaint may be extended by 10 days.

Deadline for responding to a complaint

This indicator depends on which body and for what reason the paper is sent. For example, when the reason is a violation of consumer rights, 10 days are allotted for consideration. When a citizen applies to state authorities, a response is received within a month. The countdown begins from the day the document was registered.

In some situations, there is no time limit for making a decision. This indicates that the applicant has the right to independently determine the time period for the response. As a rule, in this case they ask for a response within 10-14 days.

Labor Disputes Inspectorate

This inspection performs the following functions:

1. Supervision of compliance with labor legislation.
2. Analysis of the circumstances that caused the labor conflict.
3. Sending case materials to higher authorities.
4. Application of administrative measures against guilty persons.
5. Investigation of industrial accidents.
6. Participation in the development of local instructions and regulations that help protect workers' rights.

The labor inspectorate has 30 days to consider the complaint. However, this period may be extended by another 30 days if circumstances so require.

Who makes decisions about violations?

A decision for violating traffic rules is made by the court or the traffic police. For violations of the rules of stopping and parking in Moscow, decisions are issued by the Moscow Administrative Road Inspectorate (MADI), for violations of the rules of paid parking in Moscow - by the State Budgetary Inspectorate of the AMPP.

The court makes decisions on the following violations:

• illegal installation of “flashing lights”, “quacks” and strobe lights on a car;
• driving without a license;
• driving while intoxicated or the driver failing to undergo a medical examination;
• repeatedly exceeding the permissible speed by 60 km/h or more;
• repeated violation of the rules for crossing railway tracks;
• repeated entry into oncoming traffic;
• violation of traffic rules that resulted in harm to health of mild or moderate severity.

Check the organization's fines

Complaint to Rospotrebnadzor

You can submit a claim in the following ways:

1. Electronically, on the official website of the organization.
2. By phone, contacting the call center.
3. Send a registered letter by mail.
4. Through MFC.
5. Personally visit the territorial division of the organization.

It should be noted that before contacting Rospotrebnadzor, the applicant must submit claims directly to the “offender,” the person who violated the citizen’s rights.

The maximum period for consideration of a complaint is 30 days. The renewal period may be extended, but not by more than 30 days.