Application to the prosecutor's office against the management company: sample complaint

An appeal to the Prosecutor's Office is sent to the district Prosecutor. The law provides for a method of applying for housing and communal services on an individual or collective basis.

The following methods of communication are possible: written, oral or electronic. Below is a standard sample application for housing and communal services.

An integral part of the complaint is the applicant's contact information; it is necessary to indicate the telephone number in the event that an employee of the Prosecutor's Office requires the applicant's testimony or information on newly discovered circumstances (in case of a collective appeal, it is necessary to leave the contact information of one person). There are no special requirements for the form of application. A mandatory condition is the signature of the applicant.

After receiving a complaint to the Prosecutor's Office, one of the following decisions is made:

Resolve the complaint and make one of the decisions on the merits of the appeal:
To satisfy;
Refuse;
Explain;
Leave without permission;
Send to other authorities (and notify the applicant about this);
Stop consideration of the appeal;
Attach to a previously received request;
Return to the applicant.

An application for housing and communal services to the Prosecutor's Office is a document that contains a complaint about the actions or inactions of the housing and communal services.

The header of the document indicates to whom the application is addressed: position, name of the organization, surname and initials of the head (in the dative case), as well as from whom the application comes: position, surname and initials of the originator (in the genitive case). Next comes the title – Statement.

Following is the main text of the application for housing and communal services to the Prosecutor's Office. It must contain a clearly defined claim to the housing and communal services.

Below is the date of the application, as well as the signature of the originator. If documents are required during the proceedings, the Prosecutor's Office will request them itself.

Before contacting the housing and communal services with a request for recalculation or a complaint to the Prosecutor's Office, it is necessary to record the fact of an illegal action (inaction) on the part of the housing and communal services authorities, by means of a written appeal (claim) or a call to the dispatcher.

If you contact by phone, you must check the entry in the application log, and if you contact in writing, you must request an incoming number.

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In what cases should you complain to the prosecutor's office about the management company?

Contacting the prosecutor's office against the management company is not prohibited in all cases where the rights and legitimate interests of the owners of an apartment building (MKD) and other citizens are violated. For example, a person passing by an apartment building (or his vehicle or other property) was injured by an icicle or snow falling from the roof. He is not the owner of the apartment, but the inaction of the utility company caused damage to this person (his property and health).

However, it is not necessary to send a complaint to the prosecutor’s office on all issues. If the applicant has not previously contacted any authorities or organizations, his complaint is forwarded to the State Property Inspectorate itself, the State Housing Inspectorate or Rospotrebnadzor. Therefore, it is recommended to first file complaints against the Criminal Code:

For all violations by management company employees, contact the head of this company. An exception is an urgent matter; its delay may lead to harm to the life and health of citizens;
In case of non-compliance with the rules of maintenance, violations during the operation of the apartment building, unscrupulous preparation for the heating season or its absence - to the State Housing Inspectorate (GZHI);
In case of violation of the provisions of the Law on the Protection of Consumer Rights - to Rospotrebnadzor.

If these complaints do not lead to the expected result, an application is submitted to the prosecutor's office. It indicates not only violations by public utilities, but also the inaction of regulatory authorities. As evidence, attached are not only factual materials confirming violations on the part of the Criminal Code, but also correspondence with regulatory authorities.

A complaint to the prosecutor's office will be the stage preceding filing a claim in court. But only if all the issues set out in the appeal are not resolved during the proceedings by the prosecutor's office.

Who has the right to file a complaint against the Criminal Code with the prosecutor's office?

In general, all interested and affected persons can make such a complaint. Among them, the following categories can be roughly distinguished:

Apartment owners who have encountered violations by the Criminal Code;
Tenants who are not satisfied with the illegal actions or inaction of the management company;
Other citizens who suffered due to illegal actions or inaction of the Criminal Code (for example, as in the case described above with snow or icicle).

First you need to determine the management company that serves a specific house. There are several ways to do this online.

General rules and requirements

To begin with, we note that the control (supervisory) body is obliged to post and keep up to date on its official website, among other things, information about the procedure for pre-trial appeal of its decisions, actions (inaction) of officials (Part 3 of Article 46 of Law No. 248-FZ) .

How to file a complaint

According to Art. 40 of Law No. 248-FZ, a complaint is submitted to the body authorized to consider it electronically through the State Services website or a similar regional portal.

But if the complaint contains information and documents that constitute state or other secrets protected by law, it is submitted not through the specified sites, but in the manner established by the regulations on the type of control.

An authorized representative of a controlled person can file a complaint if this right is delegated to him using the Federal State Information System “Unified System of Identification and Authentication” (FSIS ESIA).

What kind of electronic signature is needed?

SITUATION	SOLUTION
A citizen files a complaint	Must be signed with a simple or enhanced qualified electronic signature
An organization files a complaint	An enhanced qualified electronic signature is required

Deadline for filing a complaint

The deadline for filing a complaint may vary:

WHAT IS COMPLAINTED	WHEN TO FILE A COMPLAINT
Decision, actions (inaction)	30 calendar days from the day the controlled person learned or should have learned about the violation of his rights
Order of the control (supervisory) body	10 working days from receipt

If the deadline is missed for a good reason, it can be reinstated. To do this, you must submit a corresponding petition.

Withdrawing a complaint

Before a decision is made on the complaint, it can be withdrawn. But then it is no longer possible to re-apply on the same grounds.

Suspension of a controversial decision

The complaint may contain a request to suspend the execution of the appealed decision. Then, within 2 working days from the date of registration of the complaint, one of the decisions will be made:

on suspension of execution of the appealed decision;
about refusing this.

The person who filed the complaint will be informed about this within 1 business day from the moment the decision is made.

The result of considering a complaint to the prosecutor's office depends on the evidence collected

Before you write a complaint to the prosecutor's office against the management company, you need to prepare. It is stated above that a complaint to the prosecutor's office is submitted with materials proving violations on the part of the Criminal Code and the inactivity of regulatory authorities. The main ones are evidence of illegal actions on the part of the Criminal Code. The rest are derivatives of them. After all, if the company has not violated anything, then there are no violations in the response of the regulatory authorities to which the complaint was filed.

Materials proving the guilt of the management company in case of unreasonable embezzlement and misappropriation of money intended for the maintenance of the apartment building may include:

overestimate;
bills for repair work with unreasonably increased rates;
checks for goods and services that were not actually produced.

The absence of such documents from the owners of apartment buildings is also evidence of violations of the law by the management company. The prosecutor's office will investigate this fact, during which it may turn out that such documents are not in the Criminal Code itself. This fact indicates abuse by company officials, inaction or deliberate theft of funds.

Other evidence:

Photo and video shooting. For example, in case of untimely removal of garbage, cleaning of the area for containers;
The agreement with the management company is the most important document on the basis of which the guilt of the utility company and the amount of material damage are determined;
Correspondence with regulatory authorities who did not respond properly to written and oral requests from owners, residents and other persons.

Also attached to the complaint are statements from other residents, owners and persons. The document itself can be of a collective nature, when it is signed not by one person, but by a group of people, for example, by all residents of the house.

Collective complaint

Complaints filed by a group of residents turn out to be a more effective and efficient means of influencing a negative situation.

Such a claim is submitted in a similar way, but it must be submitted by fulfilling the following conditions:

By securing the claim against the management company with several signatures.
Attaching to the application an extract from the minutes of the general meeting at which the residents decided to file a complaint with the prosecutor.

In the attached extract from the protocol, residents have the opportunity to provide information in more detail, including the aspect of emotional influence on the inspectors.

In addition to emotions, specific requirements are important, which are set out in points - strictly and concisely:

identify those responsible and punish them;
perform the required work;
comply with the terms and financial conditions of the work;
carry out the required major repairs.

Important! If we are talking about the possibility of theft, it is necessary to insist on checking the accounting records, pointing out specific alleged violations.

How to complain to the prosecutor's office about the management company?

The evidence has been collected, all that remains is to draw up and send a complaint to the prosecutor's office. The document is written by hand or on a computer (laptop, tablet and even smartphone) and then printed on a printer. The complaint conditionally consists of three blocks:

Cap - it indicates the legal name and address of the prosecutor's office (which city or district), the applicant's last name, first name and patronymic, his registration address, contact phone number, as well as the name - a complaint against the actions of the management company.
The main part - describes the reason for the appeal, specific violations on the part of the Criminal Code, their justification from the position of the law, specific facts are given;
The final part - the request, a list of attached documents are indicated, the date of the complaint and the signature of the applicant are indicated.

A sample application to the prosecutor's office for a management company can be found online. It is recommended to refer to the standards:

Housing Code of the Russian Federation - Article 39 (owners of apartment buildings are responsible for the maintenance of property), Art. 161 (on ensuring favorable and safe living conditions for citizens in an apartment building);
Government Decree dated September 27, 2003 No. 170 – clause 3.4.1 and 3.4.7 (on the implementation of actions to maintain the condition of the MKD for its operation, as well as maintenance standards)

The prepared complaint is sent by mail or delivered in person to the prosecutor's office. It is recorded in the journal for receiving applications from the public (it may have a different name). The document is assigned an incoming number and is reviewed within 30 days. Based on the results of the review, an inspection is scheduled, the necessary measures are taken to identify and eliminate violations, and a response is prepared and sent to the applicant.

Drawing up an appeal

In a complaint against housing and communal services, you must indicate:

Name of the recipient authority, full name of the prosecutor who will consider the letter (if known).
Full name of the author of the appeal, his address, telephone or mail for contact.
The essence of discontent. For example, during the winter season there is no heating in the house; the funds collected for major repairs “disappeared.”
The compiler's requirement: punish those responsible, stop inflating tariffs, repair the gas boiler, etc.
Links to violated legal norms.
A list of application documents that serve as evidence of the position of the compiler.

The completed complaint is certified by the personal signature of the author or his legal representative. The content changes depending on the situation.

Sample applications to the prosecutor's office for a management company

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Legal consequences

When filing a complaint with the prosecutor, residents and applicants need to be prepared for any action against the Criminal Code, including its closure. It is therefore advisable to weigh the consequences of filing a complaint in advance.

By submitting your claim, you will set in motion a mechanism that will be impossible to stop .

Prosecutor's checks will reveal violation after violation. Some of them will be subject to penalties, while others will lead to the suspension of the company's activities or its closure.

In case of criminal actions with finances, those involved in this will face criminal liability. If you think that the management company deserves such close attention, go for it. But understand, at the same time, that its closure and the establishment of a new management company will affect the residents, perhaps not as positively as the applicants would like .

List of attached documents

As we have already said, in order to substantiate the requirements, it is necessary to collect evidence of unlawful actions on the part of housing and communal services employees. The desired result can be achieved if you provide the following documents:

Technical passport of the apartment (for all apartments when filing a collective complaint);
Agreement for the provision of utilities;
Confirmation of ownership of the applicant’s apartment;
Copies of receipts confirming payment of utility services;
A copy of the claim sent to the head of the housing and communal services as evidence of attempts made to resolve the issue;
Housing and communal services response to the submitted claim (if any).

Grounds for refusal

There is a list of grounds for refusing to consider a complaint about housing and communal services to the prosecutor's office. The complaint will remain unanswered if:

The applicant did not disclose his identity;
Consideration of the submitted appeal is not the responsibility of the prosecutor's office;
Use of obscene language;
The demands have no basis.

Do not confuse refusal to consider a complaint with cases when the application is returned to the applicant. Sometimes the prosecutor requires additional information and the application is returned to ensure that all necessary information is provided.

The application is sent to the applicant if:

It does not reflect all the necessary information;
There is not enough evidence to confirm the violation of citizens' rights;
It is impossible to make out the essence of the statement due to illegible handwriting;
There are marks on the paper or it has been damaged.