Writing a complaint to the Prosecutor's Office is a proven way to force the management company to correct identified shortcomings in its work if appeals to the organization itself do not help.
The complaint is drawn up in free form, however, there are certain requirements that must be adhered to.
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How to correctly write a complaint against the Criminal Code to the Prosecutor's Office (sample)
The structure of the document has much in common with a regular application. The name of the authority (Prosecutor's Office) and full name are placed in the header. district prosecutor. This information is freely available on the official website of the Prosecutor's Office on the Internet.
After this, the applicant's details are entered. The name of the document is placed in the center of the sheet: “application” or “complaint”. Any of them is acceptable.
Each situation requires the title to be supplemented with a suitable explanation:
- Illegal inaction;
- For criminal negligence;
- On illegal actions of the Criminal Code, etc.
Do not forget that it is necessary to indicate the essence of the current situation. A sample application to the Prosecutor's Office for the Criminal Code can be found below.
This is followed by a statement of the reasons for the complaint, and the requirement is also stated. The latter should contain possible actions of the management company.
The Prosecutor's Office receives many complaints and appeals from citizens about the actions of the management organization. They present a variety of situations. Some of them contain repeated demands from citizens to eliminate identified deficiencies that were previously addressed to the Criminal Code, the Housing Inspectorate and Rospotrebnadzor.
Residents' appeals to the prosecutor's office may contain other information:
- Irreversible destruction of buildings to which the management company does not respond;
- Flooding and dampness of basements, which leads to a weakening of the bearing capacity of the foundation and the spread of moisture to the first floor apartments. Littering them by employees of the management company. In this case, it is worth focusing on violations of fire safety standards, and, possibly, sanitary ones;
- Leaking roof, the management company refuses to carry out major repairs;
- Increasing tariffs for repairs (major or current).
Housing and communal services functions
- Inspection of residential buildings (including a complete inspection of the housing stock) and preparation of design and estimate documentation (regardless of the period of repair work).
- Repair and construction work on the replacement, restoration or replacement of elements of residential buildings (except for the complete replacement of stone and concrete foundations, load-bearing walls and frames).
- Modernization of residential buildings during their major renovation (redevelopment taking into account the disaggregation of multi-room apartments; installation of additional kitchens and sanitary units, expansion of living space due to auxiliary premises, improvement of insolation of residential premises, elimination of dark kitchens and entrances to apartments through kitchens with devices, if necessary, built-in or attached premises for staircases, sanitary facilities or kitchens); replacement of stove heating with central heating with the installation of boiler rooms, heat pipelines and heating points; rooftop and other autonomous heat supply sources; refurbishment of furnaces to burn gas or coal; equipment with cold and hot water supply systems, sewerage, gas supply with connection to existing main networks at a distance from the input to the connection point to the main lines up to 150 m, installation of gas ducts, water pumps, boiler rooms; complete replacement of existing central heating systems, hot and cold water supply (including the mandatory use of modernized heating devices and pipelines made of plastic, metal-plastic, etc. and a ban on the installation of steel pipes); installation of household electric stoves instead of gas stoves or kitchen fires; installation of elevators, garbage chutes, pneumatic garbage removal systems in houses with the upper floor landing level of 15 m and above; transfer of the existing power supply network to higher voltage; repair of television antennas for collective use, connection to telephone and radio broadcasting networks; installation of intercoms, electric locks, installation of automatic fire protection and smoke removal systems; automation and dispatching of elevators, heating boiler houses, heating networks, engineering equipment; improvement of courtyard areas (paving, asphalting, landscaping, installation of fences, wood sheds, equipment for children's and utility areas). Repair of roofs, facades, joints of prefabricated buildings up to 50%.
- Insulation of residential buildings (work to improve the heat-insulating properties of enclosing structures, installation of window fillings with triple glazing, installation of external vestibules).
- Replacement of intra-block utility networks.
- Installation of meters for metering thermal energy consumption for heating and hot water supply, cold and hot water consumption for the building, as well as installation of apartment meters for hot and cold water (when replacing networks).
- Reconstruction of unventilated combined roofs.
- Design supervision of design organizations for major repairs of residential buildings with full or partial replacement of floors and redevelopment.
- Technical supervision in cases where local governments and organizations have established units for technical supervision of major repairs of housing stock.
- Repair of built-in premises in buildings.
Owners must pay. How and for what exactly is decided at the general meeting.
Complaint against the management company to the Prosecutor's Office: form
The complaint form is here.
To the prosecutor of ___________________ city (district)
from citizen _________________________ (full name)
registered at: ________________
____________________________________________
COMPLAINT
“___”________20__ I wrote an application to the management organization addressed to the director _________ (incoming No._____ dated “___”____dated 20___).
I demanded on the basis of paragraphs. 3.4.1. and 3.4.7 of the Decree of the Russian Federation of September 27, 2003 No. 170 “On approval of rules and standards for the technical operation of housing stock” provide ____________________________________________________________________________________________ (requirements are listed).
But my demands were not met.
In accordance with Art. 161 of the Housing Code of the Russian Federation, the responsibilities of the Criminal Code include ensuring favorable and safe conditions for the life and health of citizens living in an apartment building, and ensuring the safety and reliability of the house itself.
Features of compilation
There is no standardized complaint form. And this applies even to claims sent to government agencies. However, there are standard requirements:
- Jargon and obscene expressions are excluded. The letter must be written in a business style. If the text contains, for example, obscene language, the complaint does not receive legal force.
- The letter should be concise. The text should not be long. However, the document must contain all information that is essential in a particular situation.
- It is advisable to exclude expressions that can be interpreted in two ways. The text must be completely unambiguous. Its reader must fully understand the message intended by the sender.
- All accurate information must be entered correctly. For example, such data includes dates, numbers, addresses, full names.
- The recipient must be specified correctly. The speed at which the document is reviewed depends on who the recipient is. Who should I send my complaint to? When choosing a recipient, the principle of hierarchy must be taken into account. If, for example, a person complains about a seller, it makes sense to send the document to the administrator or manager, rather than to the director. Sending a document to a higher authority is not always a good decision. Most likely, such a complaint will take a very long time to be considered. The quality of its consideration will also suffer.
The text must be literate. Blots and amendments should be excluded. If a mistake is made, it is better to rewrite the text of the complaint. It is also worth remembering that the claim must be substantiated. It is recommended that the document refer to the regulations/laws that were violated.
In general, the requirements for a complaint are standard. First comes the “header” with the required details (full name of the sender, recipient, company name). It is followed by the title and then the text of the complaint. The document ends with an indication of the date, a signature and its decoding.
ADVICE! If consideration of the complaint is important for the sender, it makes sense to contact a lawyer. He will help you draw up the document correctly and make all the references to the required laws.
Difference from a simple complaint
A collective complaint against a management company differs from other complaints for a number of reasons.
Firstly, this appeal contains not only an indication of errors, but also possible proposals for neutralizing them.
Secondly, such a complaint has a special procedure for drawing up , content, as well as measures for responding to it.
A collective appeal also differs in that, unlike a situation where a document would be submitted by one person, each of the owners puts forward their own claims, and in fact, each person composing the document must leave their signature.
Collective claim
In some cases, a complaint is filed from several residents of an apartment building. This type of claim is called a collective claim. The document is drawn up if the rights of not one person, but a group of residents are violated . A collective complaint is practically no different from a personal complaint. The only difference is that when presenting a problem, the opinions of all participants must be expressed.
The problem of each individual resident must be clearly described. Such a document must be signed by all initiators. The passport details, addresses and contact information of the victims are also recorded.
To summarize, it can be noted that drawing up an application to the Criminal Code is a fairly simple process. However, it is worth paying attention to some nuances and avoiding mistakes when writing. Otherwise, the application may take a long time to be executed.
What documents should I attach?
When filing a collective complaint, in order to more effectively prove the fact of an offense, it is recommended to attach materials that are evidence of accusations against the neighbor’s troublemaker, as well as mandatory documents.
Such materials and documents may be:
- Copies of applicants' civil passports (required).
- Previous complaints that were ignored.
- An official refusal to accept a complaint or a response that does not satisfy the applicants’ demands.
- Expert opinion on noise volume.
- Written statements from other residents.
- Audio or video recordings recording the unlawful actions of the offender.
- Photographs and other video evidence, with disk attachment.
Application processing time
All citizen complaints are usually registered upon delivery (during a personal visit) or upon receipt if the complaint is sent by mail or via the Internet. At the same time, the period for registering a complaint, depending on the method of sending, can be extended to 3 days. A response to a collective complaint is usually required to be submitted within 30 days.
In some situations, this period may be extended for valid reasons. For example, if the resolution of the complaint requires legal proceedings, for example, related to the eviction of a troublemaker. Often, when making a decision on a complaint, authorized agencies limit themselves to imposing a fine.
Note : To obtain evidence of filing a complaint, it is recommended to send complaints by registered mail with notification of the date of delivery of the message to the addressee. In this case, it is easier for the applicant to control the deadline for receiving a response.
Below is a table with approximate processing times for collective applications in various departments:
What penalties are provided?
The penalty is regulated by the legislative norms of the Russian Federation and depends on the severity of the unlawful actions. Basically, punishment is carried out by warning or imposing a fine amounting to the following amounts:
- For the first violation of exceeding the permissible noise level, a warning is issued, for a repeated violation - a fine of 100 to 500 rubles.
- If apartments are flooded, the fine reaches 5,000 rubles, plus compensation for damage to neighbors.
- For smoking in public places, the first violation may result in a fine of 500 to 1,500 rubles. If you smoke again – up to 2,500 rubles.
- For unsanitary conditions, the violator can be fined from 500 to 1,000 rubles.
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