If an employee’s labor rights are violated, he has the right to file a complaint with the supervisory authority against the employer. To protect their interests, they turn to the labor inspectorate, the prosecutor's office, and the court. It is important to fill out the application correctly, indicate all the necessary data, and attach supporting documents. We'll tell you how to write a complaint to the prosecutor's office against an employer about violation of labor rights and how to send it to the department.
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Complaint, statement or claim
The question of concepts is no less relevant than how exactly these papers should be drawn up. If you write a statement, the document will be considered as a statement, and not as a complaint or claim, even if this was implied. That is why the design of each piece of paper should include not only the correct observance of the nuances of the text. So let's look at what each of the points mentioned in the section title means:
- An application to the Russian prosecutor’s office is something akin to a person’s request to assist him on the path to realizing his constitutional rights. In addition, you can draw up a sample application to the Prosecutor General's Office of the Russian Federation not only on your own behalf, but also on behalf of a person who needs assistance, but for a number of reasons cannot independently protect their interests. Concerns statements of self-will in government bodies or on the part of officials that affect the interests of a citizen of the Russian Federation;
- You can write a complaint in cases where you need to protect interests that have been violated or restore human rights. That is, it turns out that both a statement and a complaint are written when a person’s interests and rights have been violated. But a complaint is valid if the action has already taken place and persons have complained about injustice, wanting order to be restored. The concepts are, of course, similar, but are not identical, since the measures when writing a statement will be a little tougher than when writing a complaint;
- The claim form is a slightly different document in structure. To begin with, the Prosecutor General's Office has nothing to do with it. It is sent to those who cause trouble. That is, if a person has problems with the public utility service or public utility authorities, then complaints are filed with the housing and communal services. The letters are sent not to the prosecutor's office, but to the culprit of the trouble, that is, to the housing and communal services office. If this does not help, you can write a complaint and statement, moving on to a more significant method of resolving a legal dispute that expands the scope of measures.
Benefits of collective complaints
Compared to a single complaint, a collective appeal has some advantages:
- The thoroughness of studying the facts of the offense. If, as a result of the actions of the violator, the interests of several citizens were damaged, then the prosecutor’s office checks for the presence of illegal actions in relation to each signatory of the document. Next, an inspection is carried out to identify the fact of the same type of violation in relation to a group of citizens. That is, the collective complaint is considered in more detail.
- It is difficult for an offender to object to multiple applicants. One person’s complaint may be returned due to a lack of evidence or facts confirming the offense. A collectively drawn up appeal is accepted for work quickly, the possibility of its return is small.
- The presence in the document of an extensive evidence base presented by a group of citizens contributes to a better and more effective consideration of the complaint.
In what cases is a complaint filed?
Each of us may have a situation related to a violation of the law by a legal entity or government officials, as well as their inaction or corruption.
That is why you should know how to correctly write a statement to the prosecutor’s office. A well-drafted complaint will take less time to process. And although the duties of the prosecutor’s office include responding to all submitted appeals, the correct form of the letter and its content will help to quickly and efficiently solve the problem that has arisen.
It is necessary to file a complaint with the prosecutor's office in the event of a refusal to consider a previously submitted application to the Ministry of Internal Affairs or in the absence of any action on the part of this structure.
It should be understood that there is a slight difference between a complaint and an application. A complaint is a request from an individual to restore or protect his rights, while a statement is a request for help in exercising his rights in a certain situation.
If you need a detailed response from the prosecutor’s office to your appeal, and not a standard unsubscribe, then first think about what you will state in your letter.
Be sure to indicate all available evidence of violation of your rights. References to laws in the current Codes of the Russian Federation will not be superfluous. Such an appeal will be considered as soon as possible.
Most common reasons
According to Federal Law No. 2202-1 “On the Prosecutor’s Office” dated January 17, 1992, this law enforcement agency is obliged to monitor that authorities, commercial and government institutions comply with their legal activities.
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That is why, if a situation arises in which human or civil rights are violated, you should contact this structure.
Very often there are complaints to the prosecutor's office about the actions of police officers, officials and other officials, as well as against employers.
Here are the most common reasons for filing requests:
- delay or non-payment of wages;
- unlawful refusal by government agencies to issue documents or provide certain services (for example, refusal to approve the redevelopment of housing or other real estate without legal grounds);
- violation of the rights of prisoners or detained persons;
- failure to fulfill their official duties by investigators, bailiffs, etc., as well as the above-mentioned persons exceeding their official powers;
- violation of mandatory standards for the provision of housing and communal services by the management company.
If you decide to complain to the prosecutor's office, you should know that since 2011 it has not had its own investigative apparatus, i.e. This structure does not investigate criminal cases.
An application for such violations should be submitted to other authorities that have the right to prosecute: the police, the Investigative Committee, the FSB, etc.
What happens if you don't respond to the request?
The law is clear that the recipient of the demand must respond to the request. The absence of any response to the prosecutor's request, even a negative one, will entail serious consequences.
A representative of the organization will be invited to a personal meeting. Failure to appear is qualified as an administrative offense under Art. 17.7 Code of Administrative Offenses of the Russian Federation.
Neglect of prosecutorial requirements entails a fine:
- for a citizen - from 1000 to 1500 rubles;
- for an official - from 2000 to 3000 rubles or disqualification from 6 months to one year;
- for an organization - from 50,000 to 100,000 rubles; in some cases, activities are suspended for up to 90 days.
Functions of the government agency
The main function of the Prosecutor's Office is to supervise compliance with the norms of the current legislation of the Russian Federation.
The Prosecutor's Office carries out supervision in the following areas:
- supervision of compliance with the norms of current legislation by state legislative and executive authorities at various levels, municipal authorities, their officials, as well as ensuring that the regulations issued by them do not conflict with the current legislation of the Russian Federation;
- supervision of compliance by state legislative and executive authorities at various levels, municipal authorities and their officials, as well as enterprises and organizations of various forms of ownership and their officials of the rights and freedoms that, in accordance with the current legislation of the Russian Federation, are guaranteed to its citizens;
- supervision over compliance with the norms of the current legislation of the Russian Federation by state bodies engaged in operational investigative activities, inquiries, as well as preliminary investigations;
- supervision of compliance with the norms of the current legislation of the Russian Federation by bodies and institutions executing sentences imposed by courts, as well as applying other coercive measures prescribed as a result of court proceedings. This includes supervision of the actions of the administration and employees of prisons, correctional labor and educational colonies, medical correctional institutions and other institutions of similar purpose;
- supervision of compliance with the norms of the current legislation of the Russian Federation by employees of the Federal Bailiff Service.
In addition to the above supervisory functions, the Prosecutor's Office carries out:
- criminal prosecution and supervision over compliance with the norms of the current legislation of the Russian Federation by bodies carrying out inquiry and preliminary investigation, over the compliance of their actions with the powers granted to these bodies by the Criminal Procedure Code of the Russian Federation;
- participation in the administration of justice. Despite the fact that the Prosecutor's Office does not administer justice (this function is vested exclusively in the courts), it is the prosecutors who act as prosecutors in trials. And it is the Prosecutor's Office that sends complaints to the higher courts about sentences, decisions and rulings passed by the courts that are too lenient, in the opinion of the Prosecutor's Office, or that contradict the current legislation;
- consideration of complaints and applications received from citizens and organizations. In accordance with its powers, the Prosecutor's Office considers complaints and other requests received to it, which report a violation of the current legislation of the Russian Federation. Based on the results of their consideration, a decision is made. It is worth noting that if the decision made by the prosecutor on your complaint does not suit you, apply to the courts to protect your legal rights and interests. In this case, the decision made by the prosecutor on a complaint against a sentence, ruling or court decision must be appealed to a higher Prosecutor's Office. The procedure for considering appeals received by the Prosecutor's Office, as well as the period for their consideration, are determined by the current legislation of the Russian Federation;
- coordinating the work of various law enforcement agencies aimed at combating crime. Within the framework of their powers, the Prosecutor General and subordinate prosecutors subordinate to him coordinate the activities of the Federal Security Service, Police, Federal Customs Service and other law enforcement agencies aimed at combating crime. To do this, they convene coordination meetings at various intervals and create working groups in which employees of the above-mentioned departments are involved. In their work to coordinate the activities of law enforcement agencies, prosecutors are guided by the Regulations on the coordination of the activities of law enforcement agencies to combat crime, which was approved by Decree of the President of the Russian Federation of April 18, 1996 No. 567;
- participation in law-making activities. Prosecutors have the right to submit to legislative bodies, as well as other bodies vested with the right of legislative initiative, various proposals to introduce changes, additions or complete repeal of various legal acts;
- publishing activities. The General Prosecutor's Office of the Russian Federation is engaged in the creation and publication of various publications for special purposes.
From whom to write
The written appeal sets out the general demand put forward by a group of affected citizens. However, the principles of their combination may be different. The applicants may be:
- persons living in an apartment building;
- employees of one company;
- military personnel of the unit;
- citizens who signed a share participation agreement, etc.
The law does not prohibit sending petitions to the prosecutor's office anonymously. But authorized employees do not respond to such complaints, and the applicant will have to wait for a response.
Therefore, if a violation of rights against a team is revealed, a written appeal should be filed.
How to write a statement to the prosecutor's office correctly
In some cases, an appeal to the prosecutor's office occurs in order to exercise the rights or freedoms of a citizen. In such a situation, we are talking about a statement.
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If the subject of the appeal is a violation of rights (for example, non-payment of maternity benefits), which occurred through the fault of government bodies or officials, then in this case it is necessary to file a complaint. Of course, in some situations you can file a claim in court.
There is no strictly defined form or special form for submitting such a document.
However, there are quite strict rules that must be followed when filing a complaint:
- It is allowed not only to type on a typewriter or print out using a computer, but also to write such a document by hand. In the latter case, the handwriting must be clear and legible.
- It is not recommended to send an anonymous letter to the prosecutor's office. In this case there will be no consideration. You must indicate your last name, first name, patronymic and postal address. The response will be sent according to the specified data.
- The complaint must indicate the last name, first name and patronymic of the prosecutor to whom the appeal is being sent or the name of the prosecutor's office.
- The style of writing such a document should be businesslike. This does not mean that only strict legal language should be used. In this case, the submitter must receive appropriate notification. However, excessive emotions and slang expressions must be avoided. From the submitted paper the legal essence of the issue and the available arguments for its solution should be clear.
- If the prosecutor's office does not have enough information to consider the issue, the complaint may be returned to obtain the required information from the complainant and resubmit it. Returns may occur within seven days. The prosecutor can tell you exactly how to obtain the necessary data.
Please note: if a handwritten document is difficult or even impossible to understand, the prosecutor's office has the right to leave the complaint without consideration.
Complaints regarding one specific issue cannot be submitted multiple times. If you overwhelm the prosecutor's office with multiple complaints on one issue, only the first of them will be considered on its merits, the rest will be left without consideration.
If it is required that the situation be reviewed by a certain government agency, a request for this must be present in the text of the complaint.
When does a complaint go unanswered?
If a citizen files a complaint to conduct an inspection or take other measures, he cannot always count on a positive result.
In accordance with the law, there will be no response to an appeal if:
- the text of the complaint cannot be read and forwarded to other government bodies (the citizen is notified of this within 7 days);
- the applicant is recognized as incompetent in the presence of a mental illness, a court decision;
- the text contains insults, obscene language, and threats;
- the complaint is anonymous (except for cases provided for by law);
- To satisfy the complaint, it will be necessary to disclose state secrets.
In these cases, the applicant will not receive a response to the appeal.
A complaint to the prosecutor's office is filed if there are violations of citizens' rights. The document is drawn up in any form, but must reflect the basic information to resolve the issue. Anonymous requests will not be considered. If the decision is positive, the responsible authorities must take action. In case of violation of the rules for drawing up and submitting appeals, the complaint will be rejected.
Where can I get a sample application to the prosecutor's office?
We warn you right away that all cases are unique, which means that there is not and cannot be a single sample for writing an application to the prosecutor’s office. If you find it difficult to compose a document yourself, you have the opportunity to seek help from free site support. Our lawyers will help:
- Make an application;
- They will select articles from the Codes of the Russian Federation and Federal Laws that you can refer to to protect your interests;
- They will give you a step-by-step action plan for filing your application.
Sample applications are available: on the official website of the prosecutor's office, in the Consultant Plus system, in the office (reception) of the prosecutor's office.
Features of filing various complaints
The grounds that gave rise to citizens’ appeal to the supervisory authority are unique. Each situation has a number of features:
- If the reason for the appeal is a delay in wages, and the employer refuses to negotiate with the employees, then they can send an appeal to the prosecutor. It will need to be accompanied by a collective agreement, which specifies the terms for payment of wages and statements from the financial organization confirming the absence of money in the staff accounts.
- If the rights of apartment owners in an apartment building are violated by the Management Company, then they have the right to demand protection of their interests from the prosecutor’s office. Citizens who are tenants of residential premises cannot act as applicants.
- If the owners of the apartments have accused the management company of misappropriating money coming to the personal account of the house as payment, then the complaint is supported by evidence confirming this fact. These may include documentation on the costs incurred by the management company during the implementation of work, or on their absence.
Complaint to the prosecutor's office - samples for different cases
If such a need arises, a complaint must be sent to the prosecutor's office. The sample and filling rules for this must be carefully studied.
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If everything was done legally correctly, the chances of a successful outcome in processing the appeal increase significantly.
Sample application to the prosecutor's office for an inspection
In this case, the sample application must be completed in the usual way.
In the main information part of the document they write about the current situation, where they talk about a possible violation of the law. Next, the applicant’s request for an inspection is expressed.
Download an example of a completed application to the prosecutor's office.
Sample application to the prosecutor's office regarding fraud
The application template consists of three parts: the application header, informational and final.
The introductory part contains information about the prosecutor's office to which the application is made. Next, indicate the last name, first name and patronymic of the prosecutor to whom the application is written.
The information part sets out the essence of the application, and the final part contains the date of completion and the signature of the applicant.
In the main part of the sample it is necessary to indicate what kind of fraud we are talking about. Next, you need to formulate what the applicant’s request is in connection with the investigation. There are several options here:
- The complaint may be against the police. Oblige her to accept a statement about the fact of the crime committed.
- Conduct an audit of the structure, legal entity that uses fraud. The application may be against the employer.
- Bring the criminal to justice.
Fact
Download a sample application to the prosecutor's office about fraud.
Sample complaint to the military prosecutor's office
It may be submitted in one of the following situations:
- The violation of the law took place on the part of the military man.
- There was a violation of the charter or internal regulations.
- The crime was committed on the territory of a military unit.
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If you write a complaint, you need to take into account that it must be extremely reasoned and justified. The complaint may contain a direct accusation of a crime. The reaction will be faster, but it must be remembered that there is liability for false accusations.
Fact
Download a sample complaint to the military prosecutor's office.
Another type of complaint is an appeal through prosecutorial supervision. In this case, it will be considered longer, since additional checks and requests will be made.
The period for filing complaints is limited to the time when the law provides for liability for the crime in question.
Sample complaint about the prosecutor's inaction to a higher prosecutor
In this document, in the initial part, it is necessary to record the data of the applicant and the prosecutor to whom the document was sent.
The main part contains information about the prosecutor on whose part there was inaction. The following describes the situation that took place and indicates the applicant's request.
The date and signature are placed at the bottom of the document.
Fact
Download a sample complaint about the prosecutor's inaction.
Sample of appealing a prosecutor's decision to a higher prosecutor
The document is drawn up without unnecessary emotions.
The essence of the problem needs to be formulated briefly and clearly:
- At the beginning of the document, information about the applicant and the prosecutor to whom the complaint is sent is indicated.
- They indicate which prosecutor is being complained about and what exactly the applicant’s rights were violated.
- At the end there is a date and signature.
The document can be sent to a higher authority, including the Prosecutor General's Office.
complaints against the prosecutor's decision to a higher prosecutor's office.
Sample complaint to the prosecutor's office against the city administration
Submission of a document is possible in one of the following cases:
- Does not monitor the performance of duties by city services (for example, housing and communal services).
- Employees neglect to perform their duties.
- They use their official position for personal interests.
- Shows inaction in situations where it threatens the health and lives of citizens.
- Previously filed complaints to the administration are being ignored.
- Authorized persons violate the civil rights of the population.
- Local authorities make decisions that contradict the current legislation of the Russian Federation (for example, in the field of environmental protection).
When drawing up a document, showing emotions is unacceptable. The complaint must be drafted in such a way that the essence of the appeal is clear. You must provide reasons for your claim and attach a list of documents that will help consider the issue.
The document is compiled as follows. In the header you must indicate information about yourself and the prosecutor's office to which the application is made.
It is also necessary to indicate basic information about the city administration, those bodies and officials to which the complaint relates:
- The main part contains all the relevant data that is related to the situation under consideration.
- First, you should talk about the reasons for the conflict, then move on to the essence of the complaint.
- It is necessary to describe previous attempts at a peaceful settlement and their results.
- A request from the applicant is given.
The final part contains the date of the document and the signature of the applicant.
Fact
Download a sample complaint to the prosecutor's office against the city administration.
Sample complaint to the prosecutor's office against the developer
In this case, the document can be submitted to various authorities. Contacting the prosecutor's office is the most serious option.
This is possible in one of the following cases:
- The developer violated any of the applicant's civil rights.
- He committed a different kind of crime. One example is fraud.
- The developer refused to comply or simply ignored the instructions of the supervising service.
This is what the complaint should contain. Let's look at the introductory part. Here you need to enter the details of the prosecutor and the applicant, the name of the prosecutor's office to which the appeal is being made.
The main part is formed as follows:
- Data about the developer himself and his activities;
- Information about the existing problem;
- What was the developer’s reaction to the claims made;
- Information about other settlement options, if any;
- A request made to the prosecutor's office;
- Applicant's argument.
At the end of the document there is a list of attached documents, the date of completion and the signature of the applicant.
Fact
Download a sample complaint to the prosecutor's office against the developer.
How to write a collective statement
Both individual applications and applications from a group of citizens (collective) can be submitted to the Prosecutor's Office. Collective statements are more effective, as they indicate that the offenses being committed are widespread.
Therefore, if, in addition to your legal rights and interests, the rights of other persons were violated, it makes sense to unite and file one collective complaint.
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If an application to the Prosecutor's Office is submitted on behalf of two or more persons, then when drawing up and processing it it is necessary to take into account a number of features. All parts of it are changed, except for the part that lists applications.
How to make a collective statement:
- Introductory part. A header is created in the upper right corner. First, it indicates to whom the appeal is specifically addressed, indicating the position and full name. After this, list the details of all persons whose signatures will appear on the appeal. This is a rather difficult task, since the number of applicants can be quite large. To simplify this situation, they can elect their own representative. In addition, you can write the phrase “From the organization’s staff” or equivalent, but in this case, complete the full list of applicants, indicating all their data, in the form of a separate document and attach it to the complaint filed;
- Main part. Here the task becomes even more complicated, since in one complaint it is necessary to set out violations of the rights of all persons who file a given complaint. This is very difficult, since the interests of each applicant and the entire team must be represented at the same time. It is for this reason that complaints filed by collectives are usually large in volume. Therefore, in order to outline the essence of the problem and the demands put forward in as much detail and at the same time as briefly as possible, seek help from a professional lawyer;
- Final part. Like the previous one, it will be very voluminous. In this part, list all documents attached to the complaint;
- After the complaint has been drawn up, seal it with the handwritten signatures of all citizens on whose behalf it is being submitted. If at least one signature is missing, the complaint will be declared invalid.
Collective complaints submitted to the Prosecutor's Office have many advantages over all types of appeals.
The main advantages of a collective complaint to the Prosecutor's Office:
- Such complaints are subject to more careful consideration. This is explained by the fact that it sets out facts of violation of the rights of a large number of citizens, and these violations have much in common. This greatly facilitates the work of the Prosecutor's Office employees;
- Collective complaints rarely go unconsidered. If an application submitted by one citizen can simply be rejected for purely formal reasons, or simply lost, then this cannot be done with collective applications. Practice shows that collective complaints are rejected only in cases where gross violations were committed during their preparation, or inaccurate documents were attached to them;
- Collective complaints are much more likely to produce positive results for complainants. This is explained by the fact that it is much more difficult to defend against a group of people united by a common position.
How does it differ from a regular application, advantages
The main difference is that the paper is signed by several applicants, each of whom has suffered some kind of damage, and the amount of such losses may not be the same.
The effectiveness of this statement is higher than an individual appeal. The benefits include:
- The document will be processed much faster, because several people were affected at once.
- Sometimes individually filed applications are ignored by unscrupulous employees of the prosecutor's office; in the case of a collective complaint, this will not be possible.
- Group applications will not be delayed or returned to applicants.
Application methods
A complaint to the prosecutor's office can be submitted not only in person, but also sent by Russian Post by registered mail with notification of delivery to the addressee. The prosecutor's office itself should have a special mailbox for collecting such requests.
It is now possible to file a complaint electronically online. This is done through the website of the prosecutor's office of the desired unit on the portal genproc.gov.ru.
To submit a complaint to the prosecutor's office via the Internet, you must comply with the same requirements as for the written form, namely, indicate all the necessary data, attach evidence and scans of documents.
Within a week, a preliminary consideration of the appeal is carried out, after which the applicant is sent a notification about whether the complaint will be accepted for consideration or not.
It is also possible to return the letter for revision. It may take up to a month for your application to be fully reviewed.
How to file a complaint with the Prosecutor General's Office online
Submission via the Internet is possible. In order to carry it out, you must first find the website of the prosecutor’s office, which is located at the applicant’s place of residence. Then you can submit a complaint through it by filling out the required fields of the electronic document.
For example, in Moscow, you can complain via the Internet on the website of the Moscow Prosecutor's Office: https://www.mosproc.ru/ipriem/.
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After completing the input, the document must be sent by clicking on the appropriate button on the page. A document sent via the Internet must comply with all the rules that apply to filing a complaint electronically.
The response may be sent electronically or in paper form, depending on the applicant's choice.
Timing of the prosecutor's inspection
After the complaint is filed, the inspection period is no more than thirty calendar days.
Within the first seven days, preliminary results of the review must be presented.
Here we are talking about accepting or rejecting a received document or transferring it to other authorities.
If the appeals are relatively simple, it is considered that it will take no more than fifteen days to make a decision.
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There may be times when additional checks need to be carried out. In these cases, the consideration may take up to thirty days.
Procedure and terms for consideration of a complaint
The prosecutor's office must register the complaint after receiving it within three days from the date of receipt. But only if the document meets all the requirements that are accepted in relation to the application under consideration. When the sample is registered, it is submitted to the prosecutor, who will henceforth be responsible for it.
The prosecutor must carry out a set of activities, considering the complaint and trying to determine whether there are grounds for it and how correctly it is drawn up:
- It is checked whether all the facts specified in the complaint are true. He may even go to the scene to establish prosecutorial control.
- Collect and request the documentary base necessary to make a decision. For example, it will require the provision of materials from a criminal case, enforcement proceedings, etc. This will help you look at the situation objectively.
- He will transfer some of his responsibilities to lower-level prosecutors in order to check the complaint in more detail.
- Can submit materials to various authorities in order to initiate criminal or administrative proceedings.
The prosecutor can also grant or deny (do not act) the request to fire someone specified in the sample complaint.
The complaint received by the prosecutor's office has its own consideration period. For ordinary cases they are 15 days. If the case requires additional verification, the prosecutor's office can work for 30 days. Sometimes the deadline for a complaint is extended, but not longer than another 30 days. When the review is completed, representatives of the prosecutor's office provide a response, reporting on the work done and measures taken.
How should the prosecutor's office respond to a citizen's appeal?
Once your request is accepted by the prosecutor's office, your actions end there, and you only need to wait for the results of the consideration of the appeal. For the established period starting from the date of acceptance of the appeal by the prosecutor's office, the prosecutor must:
- Analyze the application and conduct a preliminary review;
- Decide whether to accept the application or return it;
- If there are similar requests in the work, the prosecutor will add yours to them. Lawyers confirm that the more statements from different persons on one issue, the sooner the prosecutor’s office will conduct an investigation;
- Submit the application and relevant instructions to the subordinate bodies or make a decision on an unscheduled prosecutorial inspection;
- Collection of additional information from the organization and persons specified in the applicant’s application, further processing, analysis and synthesis of the received data.
All actions of the prosecutor's office have deadlines for their execution:
- To transfer the application to subordinate, state and municipal bodies, the law allocates only 7 days from the date of filing the application, no more;
- No more than 30 calendar days are allocated to conduct a prosecutorial review of the appeal.
Please note that the delivery time for written notices is not included in the above deadlines, since the delivery of registered letters is in no way dependent on the prosecutor's office.
Results of consideration
Upon review, several decisions may be made.
- The complaint may be upheld. The claim is taken into account. After this, measures must be taken to resolve the conflict.
- The application may be rejected. This is provided if the complaint is found to be unfounded.
- The Prosecutor General's Office can provide clarifications regarding the complaint. A solution is possible if the application does not contain requirements. The citizen will be given legal explanations.
- The request may be redirected. A 5-day period is allotted for this. The complaint is transferred to another organization.
If the document was rejected, you need to check whether any errors were made.
Additional questions
How to write an anonymous letter to the prosecutor's office
Sometimes there is a desire to make an anonymous complaint: against neighbors, against a boss, against a local police officer, or in other cases.
Although anonymous complaints are not usually considered by the prosecutor's office, there is one exception: reporting a crime in progress.
There is usually no way to be completely anonymous, but there are workarounds:
- You can contact through another person. He will know the complainant and will take responsibility for the complaint if there is one. This method may be used if the complainant is afraid of being fired for complaining.
- You can send a letter disclosing your details, but ask that personal data not be disclosed during the review.
What are the dangers of 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 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.
What actions are taken next in response to a complaint received?
After receiving an application, prosecutors are required to check the submitted materials and study the circumstances of the case. If certain facts are revealed that confirm fraudulent actions on the part of another person, all materials are transferred to law enforcement agencies to resolve the issue of initiating a criminal case.
Is it possible to file an anonymous complaint?
An anonymous complaint cannot be submitted to the prosecutor's office.
Such requests will not be considered by the government agency. But there are exceptions to this rule. You can contact us anonymously to report information about an impending crime.
In this case, the citizen has two options.
- Ask another person to file the complaint in their place. He will take responsibility for conveying information.
- You can provide your real data. But at the same time make a note that the citizen does not want to make them public. This is done so that the culprit does not find out about the applicant.