Complaint to the prosecutor's office against an employer: sample, features of drafting and filing

Refusal to hire, illegal dismissal, non-payment of wages - this is an incomplete list of reasons that can become a reason for appeals not only to the labor inspectorate, but also to the prosecutor's office. Below is the correct procedure for filing a complaint against an employer with the prosecutor's office, as well as cases when you can do this anonymously.

Collective complaint against the employer to the prosecutor's office

Anonymous complaint to the prosecutor's office against an employer

Method 1

Method 2

Method 3

Dates and place of application

Independent contact with law enforcement agencies or on behalf of the team occurs at the place of registration of the enterprise. Your application must be submitted to the prosecutor's office in whose service territory the enterprise is registered.

As for the timing of consideration of the appeal, everything is simple: you must receive an answer within 30 days from the date of filing the appeal. During this period, the prosecutor can make a decision or write a response to extend the time frame for considering the appeal for another 30 days.

As a rule, citizens' appeals with attached evidence are considered quickly - within two weeks. In the absence of such facts, the verification may be delayed. But in any situation, the applicant must receive written notification of the results.

Application deadlines

You can contact the prosecutor's office only within a certain period, which depends on the reason for the complaint.

In case of illegal termination of an employment contract within 3 months from the date of issuance of the dismissal order.
If the manager delays wages for more than 2 months, then you can contact the supervisory authorities within a year.
If there are other violations on the part of the employer, the claim can be sent to the prosecutor's office within 6 months.

If the deadlines are not met, the employee’s complaint will not be considered. The exception is situations where a citizen, for good reason, could not contact the supervisory authorities in a timely manner. In this case, you will need to provide documentary evidence of a valid reason. This could be a certificate from a medical organization, an official ID, etc.

If, as a result of the inspection, violations are confirmed, then administrative or criminal liability may be imposed on the employer.

In accordance with Art. 17.7 of the Code of Administrative Offenses, if the prosecutor’s requirements are not met, fines may be imposed:

2-3 thousand rubles for officials;
50-100 thousand rubles per legal entity.

A complaint against an employer to the prosecutor's office is effective in cases that relate to delay or non-payment of wages, illegal dismissal, or layoff of an employee. The claim must be submitted in writing or through the electronic reception desk on the government agency’s website. Anonymous complaints are not considered, but the appeal may include a request for non-disclosure of the applicant's name.

Prosecutor's office and labor inspectorate: actions after a complaint

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

One of the basic rules when drawing up an appeal is the statute of limitations. If you can go to court within three years from the date of the incident, then to the prosecutor’s office - only within three months.

So, you have written a complaint to the prosecutor’s office against your employer. What actions can the prosecutor take :

Conduct an inspection of the enterprise and make a procedural decision (administrative or criminal).
Conduct an inspection and issue an order to the manager to eliminate violations.
Reject the employee's appeal due to the lack of facts of violation or evidence thereof.

Often, an appeal from a citizen or an entire team may be rejected due to inaccuracies. For example, the specified actions of the employer do not relate to the given legal norm. The application may also be forwarded to other authorities if necessary. Some labor disputes can be resolved by the tax or labor inspectorate.

Ways to contact the prosecutor's office

A complaint to the prosecutor's office is submitted in the following ways:

personal visit to a government agency;
by registered mail with notification;
through the online reception on the prosecutor's office website.

The claim can be submitted with a representative. The document will be accepted only if there is a notarized power of attorney. The complaint is drawn up in two copies, one of which is left in the office, the other - with the applicant. The document is marked with the number of incoming correspondence.

An anonymous complaint will not be considered by the prosecutor's office, regardless of the method of filing it.

When does it make sense to contact the prosecutor's office?

The prosecutor's office will necessarily take into consideration a complaint regarding non-payment of wages. This does not mean that the prosecutor's office will collect wages, it simply does not do this.

However, the arguments of the complaint will be checked to see whether the employer’s actions contain signs of a criminal offense under Art. 145 of the Criminal Code of the Russian Federation.

Most likely, these signs will not be observed, but the prosecutor’s office will send a letter to the employer to eliminate violations of the law regarding the obligation to pay wages to employees. However, this letter will also not guarantee that the employer will make payments.

The fact is that the prosecutor’s office does not have effective tools in its hands that can ensure compliance with labor laws. Only bailiffs have these tools in the process of executing a court decision.

The prosecutor's office will also be interested in complaints containing information about the employer's method of paying wages “in an envelope,” since this method falls under the scope of the Criminal Code.

Complaints containing the following information will be accepted for processing by the prosecutor's office:

about employer fraud;
about employer tax evasion;
about the employer’s illegal methods of doing business, etc.

All of the above reasons for which an appeal to the prosecutor’s office may take place essentially fall into the category of reports of crimes committed, and it is for this reason that the prosecutor’s office will accept them for consideration.

In some cases, it is possible that the prosecutor will file a lawsuit on behalf of the applicant. Thus, the prosecutor has the right to file claims in labor disputes in the interests of:

citizens who are unable to protect their rights on their own (minors, elderly and elderly workers, disabled people, persons recognized as refugees on the territory of the Russian Federation);
an indefinite number of persons, for example, in cases where the employer’s activities damage the environment;
any citizen if his dispute with his employer has acquired special public significance.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

If you belong to one of the above categories of workers or your dispute with your employer is of public interest, then filing a complaint with the prosecutor’s office would be advisable.

Anonymous complaint to the prosecutor's office against an employer

Method 1

The absence of contact information in the application, generally speaking, is grounds for refusal to accept it. However, if the following conditions are met, even an anonymous request is subject to verification:

The application informs about a committed or planned crime
Reports specific officials or citizens who have committed or are planning an illegal act
Provides information about a future or completed terrorist act
Reporting facts of corruption, abuse of official position, demands for bribes, extortion of government officials, etc.

Naturally, if you have a scandal with your manager due to personal hostility, then this cannot be a reason for studying such treatment. However, if we are even talking about certain economic offenses, then department officials can take such an anonymous person into work to conduct an audit. An example of such a call in this video:

Despite the fact that the facts from the anonymous letter were not confirmed, an internal investigation was carried out by employees of the prosecutor's office.

Your anonymous appeal may also contain facts that will interest prosecutors and initiate an investigation.

Method 2

Another way to send your complaint secretly is to submit an online complaint on the department’s website https://ipriem.genproc.gov.ru/contacts/ipriem/. Of course, there you are also forced to indicate your first name, patronymic and last name, but how frank this data will be is up to you to decide. In other words, online filing can help you hide your identity and not reveal your identity to the employer.

Method 3

This is a favorite way for law enforcement officials themselves to initiate an investigation based on their personal interests. To do this, they often themselves, without hesitation, write a complaint against the organization they like. But at the same time, they sign it with someone else’s first and last name, indicating the address where the person chosen for this actually lives. Fortunately, their professional activities allow them to easily select a convenient addressee for the authorship of such a letter, who is completely unaware of their creativity. Instead of a signature, any scribble is placed and the letter in a sealed envelope is dropped into the mailbox.

The formal requirements for drawing up the application have been met. And the prosecutor’s office rarely finds out whether the author of the letter really sent them this appeal or not. As a result, the verification will take place, and its real initiator will remain in the shadows.

I hope that the tips given here on how to correctly file a complaint against an employer to the prosecutor’s office will be useful to you and you will definitely achieve the solution you need.

Good luck!

Making a complaint

We declare with full responsibility that you do not need either the first or the second. You can easily file a complaint to the prosecutor’s office yourself, and the content of the complaint should be extremely simple, that is, not requiring a lot of references to the current legislation.

Firstly, your complaint will go to the prosecutor, that is, to a qualified lawyer who is quite capable of understanding exactly what actions of the employer violated your rights and what regulations protect these rights.

Secondly, it is very difficult to wade through the mass of references to articles of the Labor Code when reading the complaint. Don't make it difficult for the prosecutor.

However, if the arguments of your complaint concern the presence of signs of a criminal offense in the employer’s actions, be sure to mention this in the first lines of the complaint.

This is not for the prosecutor, since he will in any case see signs of a crime, if there are any. This is for office staff involved in registering citizen complaints.

If in the first lines there is a mention that the complaint relates to criminal law, it will immediately be registered as a report of a crime, which means that the complaint will be considered much faster.

Is it possible to submit an anonymous appeal?

Often the employee does not want the employer to know that a complaint has been filed against him. Therefore, the question arises whether it is possible to contact the prosecutor's office anonymously.

The law establishes that the appeal must be submitted by a person whose identity can be established. Based on the results of the review, a response is drawn up and sent to a specific addressee.

If the department receives a complaint without indicating the full name and contact information of the sender, the document will not be accepted.

Advice! If an employee wants the employer not to find out about the initiator of the complaint, it is necessary to include in the appeal a ban on disclosing information about him.

Contents of the complaint

A complaint is a very simple document to draw up, since its form and content are not regulated by law. It should contain information that answers the questions “who wants, from whom, why and what.”

In accordance with the questions posed, the complaint will have the following structure:

the “heading” of the complaint, that is, the name of the prosecutor’s office, as well as the name and address of the applicant;
a descriptive part outlining the background of the controversial legal relationship. You should start by recording the very fact of the employment relationship with a specific employer. Be sure to include the full name and address of the employer;
motivational part describing the dispute with the employer. If the arguments relate to a crime committed by the employer, then you should start with the words “I believe that the actions of employer N. contain signs of a criminal offense, namely...”;
the operative part containing your request to the prosecutor. For example, “I ask you to oblige individual entrepreneur Kukuruzyanko to pay me wages for January 2021”;
list of applications. This is an optional part of the complaint, since the prosecutor can independently request everything that is necessary to consider the arguments from the applicant or the employer. Therefore, if you have something to contribute, then apply it. If you have nothing, then you can do without applications;
the applicant's signature and date of application.

Application: sample and rules for drawing up

One of the basic rules for successfully resolving cases through the court or authorities is to correctly fill out the application. This is especially important for the court, since incorrectly drawn up claims will be returned back to the applicant. What is a sample application to the prosecutor's office and what needs to be indicated in it?

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The first type of information that must be provided is the details of the parties to the dispute . You should write:

Details of the prosecutor's office and the person to whom the complaint is being filed.
Information about the applicant: personal and contact information.
Information about the enterprise: name of the organization, legal address and contact information.

After drawing up the header of the application, you must describe in detail all violations of the employer , as well as provide links to legal acts providing for punishment for the manager. After describing the actions of the offender, you must indicate the requirements for the prosecutor's office.

These may be, for example, demands to check the manager for violations of labor laws and take action if such facts exist.

The appeal can be made in three ways. You can submit your application :

When visiting the department in person;
By filling out a special application form on the organization’s website;
By registered mail with return receipt requested to the recipient.

The second and third methods make working with the prosecutor's office much easier, since you do not have to visit it. For example, you can send a statement and evidence of the employer’s violations by registered mail.

Anonymous or not?

One of the common reasons why employees turn a blind eye to employer violations of labor laws is a reluctance to speak out against their boss. Otherwise, the latter will obviously fire the one who wrote the complaint. In such a situation, the question arises: is there an anonymous complaint to the prosecutor’s office against an employer and how to draw it up?

You can write an application addressed to the prosecutor without indicating your details . In this case, it is necessary to set out in detail the facts of violation of labor legislation by the manager and attach evidence of such acts. This is due to the fact that anonymous applications are considered much longer, since it is difficult to establish the applicant and the facts.

Expert opinion

Gusev Vladislav Semenovich

Lawyer with 10 years of experience. Specializes in criminal law. Member of the Bar Association.

An anonymous complaint can be submitted through the ministry’s website or sent by registered mail, but without information about the sender. However, it is worth knowing that you will not be able to receive a response from the authority and find out about the fate of your appeal.

Collective complaint - which prosecutor's office should I file with?

The application cannot always be made by one person. For example, often an entire work team writes an application for their employer. The process of drawing up an application and submitting it is no different from an individual application, however, there are some rules. So, in the collective complaint to the prosecutor’s office it is written :

The applicant is not one person, but a group of persons. This can be specified as “Employees of the enterprise...”.
At the end of the application there must be signatures of the entire team on whose behalf the application is being drawn up.
The text of the statement can be drawn up by one of the employees and receive approval from the entire team.

After a collective complaint against an employer has been written, it is necessary to identify a representative of the employees. It is necessary to choose a person who will represent the interests of the team and communicate with law enforcement and inspection officials.

Separately about the signature

The law allows anonymous appeals to the prosecutor's office, but only if the appeal is a report of a crime committed.

That is, for example, if your employer practices “black” or “gray” wages, and you want to draw the attention of the prosecutor’s office to this without disclosing your identity, then you can write a complaint anonymously.

However, please remember that filing an anonymous complaint is only possible through either mail or an online petition. If you decide to file a complaint in person, you will not be able to maintain anonymity.

Methods for filing a complaint

A complaint to the prosecutor's office can be submitted in one of the following ways:

Upon personal appearance at the prosecutor's office. You must have an identity document with you. The complaint is drawn up in the presence of the employee on duty, and supporting documents must be attached to it.
Through a trusted representative. It is necessary to issue a notarized power of attorney for it. After this, submit a written complaint and supporting documents to the prosecutor's office.
By post or courier service. To do this, the application and all supporting documents must be placed in an envelope, an inventory of the contents must be completed and sent to the postal address of the prosecutor's office. Also attached to the letter is a notification of receipt, the receipt of which will be proof that the application was received by the prosecutor's office.
In electronic form through the website of the Prosecutor's Office. You must fill out the application form, in which you indicate information about yourself and the essence of the application. When submitting an application through the website, the use of an electronic digital signature is not required.

Through the popular State Services website, submitting an appeal to the prosecutor's office is currently only possible for three regions - Moscow, as well as the Novgorod and Pskov regions. For other regions of the country, information is displayed that the region has not provided the opportunity to submit an application to the authority electronically.

Important! Simply sending an application to the prosecutor's office email is not enough. By law, a document must be signed with a living signature to identify its author.

In the case of a letter, such identification cannot be made, since the mailbox can be hacked, forged, etc. The only way out in this case is to sign the email with a qualified digital signature.

Terms of consideration

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

If the arguments of the complaint clearly indicate criminal actions of the employer, then the period for consideration of the complaint will be from 3 to 10 days. This period is established by the Criminal Procedure Code of the Russian Federation for considering reports of crimes committed.

For complaints relating to civil and labor disputes, the period in accordance with the Law of the Russian Federation “On the procedure for considering citizens’ appeals” will be 30 days.

Jurisdiction of the prosecutor's office

The Prosecutor's Office carries out its activities in accordance with federal legislation. This law defines its jurisdiction.

According to the norms, the prosecutor's office is a body that supervises the work of various entities, including other government agencies, in order to establish the fact of compliance with the current rules of law.

The Prosecutor's Office deals with complaints on the following issues:

Inaction or abuse of power by government officials.
Violation of legal norms in force in the field of housing and communal services.
Refusal of representatives of government agencies to provide services in accordance with their competence.
Non-compliance with the rights of convicts and the procedure for their detention.
Violation of labor legislation by the employer.

Which prosecutor's office should I contact?

The prosecutor's office is a branched body with strict hierarchical subordination. This means that any complaint can be filed both with the territorial prosecutor’s office and with a higher one, for example, the city, regional, regional, republican or General Prosecutor’s Office.

Wherever you turn, your complaint will eventually reach its intended destination. As a rule, complaints regarding labor disputes are considered by the territorial prosecutor's office, that is, lower down the hierarchical ladder.

If the arguments of the complaint relate to violations of labor rights in military units and other military units, then you should contact the military prosecutor's office.

General provisions

Often the relationship between subordinates and management can be strained. If there are serious violations of labor legislation, employees of the enterprise can contact government authorities to receive assistance aimed at resolving the difficult situation.

A complaint to the prosecutor's office against an employer can be filed for various reasons :

Refusal to officially employ your subordinates;
Evasion of taxes, insurance and pension contributions;
Lack of required working conditions and proper pay.
Dismissal of a subordinate from work without good reason, refusal to issue leave and required benefits.

Often complaints are related to unjustified dismissals and payment of unpaid wages. If a manager does not fulfill his obligations to employees, then only the prosecutor’s office and the court can resolve the conflict.

How to direct

The generally accepted ways to file a complaint with the prosecutor's office are:

personal appeal;
sending a complaint by Russian Post.

There is an opinion that you should go to the prosecutor's office with two copies of the complaint, one of which remains with the prosecutor's office, and on the other the office employee puts an acceptance stamp.

This is actually a worthwhile practice, however, if you only came with one copy, don't be discouraged. The prosecutor's office is one of the very few bodies in which the procedure for registering citizens' appeals has very strict rules. You can be sure that your complaint will not be lost.

Such a complaint can only state the facts. You cannot express any conjectures, assumptions, or make irrelevant conclusions. This is not punishable, but significantly reduces the effectiveness of contacting the prosecutor's office.

Anyone can complain to supervisory authorities. In this case, the term “citizen” is not used, since non-residents of the Russian Federation are not prohibited from doing this. If any disagreements arise with the employer or the employee believes that his rights have been violated, he can write statements or complaints to 4 authorities:

State Labor Inspectorate;
the prosecutor's office;
police;
court.

Collective complaint against the employer to the prosecutor's office

A complaint signed by two or more applicants is considered a collective complaint. The standard procedures for acceptance, registration and operation apply to such applications. Order of the Prosecutor General's Office of Russia dated January 30, 2013 N 45, which describes the regulations for the body's work with citizens, does not highlight collective complaints in any special way. Therefore, in general, when preparing it, you can use all the recommendations outlined above.

Such a document may be prepared at a meeting, rally or similar event and signed by the organizers or participants.

Where to go and how to file a complaint

The most commonly considered options for requests are usually related to the following typical situations:

The employee appealed to the State Labor Inspectorate, which took his side, and the employer received demands from there to take actions that would satisfy the employee.
The State Inspectorate took the employer’s side, although the employee is sure that he is violating the law.
The employee was able to ensure that the prosecutor’s office took control of his issue without contacting the State Inspectorate.

In the first case, the participation of the prosecutor's office is no longer required. With the exception of situations where the orders of the State Labor Inspectorate are not implemented or are only partially implemented.

The second is a reason to contact the prosecutor's office. You should not file a complaint that remains unsatisfied.

Instead, you need to either complain about the employees of the State Inspectorate, for example, about their inaction, or find some aggravating circumstances. Of course, if there are any.

Otherwise, it will amount to libel, which is a criminal offense. It wouldn't hurt to study Art.

306 and 128.1 of the Criminal Code of the Russian Federation, which talk about liability for knowingly false denunciations.

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So, if an employee has not received a salary or severance pay and remembers that there are people in the company who work without official registration, then it makes sense to indicate this. If he writes that there are such, but verification does not confirm this fact, then there will be a serious risk of being accused of libel.

The third case is associated either with the presence of some violations that go beyond the scope of the Labor Law or the Civil Code of the Russian Federation (Civil Code of the Russian Federation), but fall under the articles of the Criminal Code (Criminal Code), or the complaint was sent by mail. This is a simple, legal and effective way to ensure that the shipment is accepted by the prosecutor's office immediately.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Its employees can delegate consideration of the issue to the same State Inspectorate, since they not only have the right, but also must work closely with it, but there will still be some kind of control on their part.

Special samples, templates and rules for compilation are not needed. The appeal is written in any form.

Moreover, an employee may misinterpret the actions of his management, mistakenly believing that they violate some laws or regulations, or, on the contrary, comply with them. This does not matter, since the prosecutor's office is considering the facts themselves, and not the interpretation of the complainant.

Nor are references to laws or regulations required. This is one of the main differences between a complaint and a statement of claim in court.

It is better to write briefly and to the point, try to exclude subjective assessments of what is happening.

The document must indicate the applicant's last name, first name and patronymic, his address, and information about the addressee. The complaint must be signed personally. You also need to record the dates of writing and submission.

Grounds for filing a complaint

The basis for filing a complaint against an employer may be its violation of the labor rights of its subordinates, prescribed in the Labor and Civil Codes of the Russian Federation.

Thus, a labor violation may be considered non-compliance with any clause specified in the employment contract, which was concluded between the employee and the employer on the day of employment.

If an employee notices that the employer is violating his rights, he has the right to resolve the situation by contacting one of the following authorities:

Directly to the head of the institution in which he is employed. If, in the process of submitting a complaint, a subordinate voices specific articles of the Labor Code of the Russian Federation that confirm the fact of violation of labor law, the likelihood of resolving the situation at this stage will increase several times;
To the labor inspectorate;
To the prosecutor's office;
To the court;

The last three authorities are involved in considering a certain list of labor violations.

When to write

Employees can complain against the management of a commercial or government organization or an individual entrepreneur for any violation of their rights:

Wages are not paid and they are calculated incorrectly.
The working day has been unreasonably extended.
No payment is made for work on holidays, weekends, or overtime.
Unlawful dismissal or transfer to another site.

Start

When preparing to write your complaint to the prosecutor's office, you should be as less emotional as possible. Try to mentally take the position of an impartial outside observer of the situation of your conflict with your employer. Start at the end of the future statement: think about what specific provisions of the law were violated by your employer.

Details of the conflict

At the beginning of the complaint, indicate your position and length of service in the organization. Next, describe the circumstances that caused your disagreement. After which you should refer to your actions, initiatives or proposals addressed to the employer to eliminate contradictions. That is, provide facts that will confirm your attempts to resolve the dispute on the spot, within the organization itself, without resorting to the help of supervisory authorities.

This is also important to know:
Liability for delayed payment of wages

There is a subtle point here that most employees do not pay attention to. When submitting an application or explanatory note, an employee, as a rule, simply leaves it on the secretary or administrator’s desk. At best, the employee can keep a copy of this document in electronic form on his computer, without the secretary’s note about its receipt and registration in the journal. In this case, the director of the company can calmly claim that he did not receive any statements from you.

When entering into correspondence with the administration, be sure to follow the standard office procedures: all correspondence is drawn up in two copies - one is received by the secretary and passed on for further processing; the second, with a mark of registration in the incoming correspondence log, is retained by the employee.

This is where you will need knowledge of those laws that are not only directly related to the event, but, as you believe, were violated. Strictly speaking, you are not a lawyer and are not a professional in making decisions about offenses and the specific elements of a crime. This will be done by department professionals.

You don't have to do this. As a last resort, it is enough to provide facts of infringement of your interests. However, this may lead to the fact that the inquiry will be carried out formally and superficially.

Petition part

Failure to provide this part of the complaint may frustrate all your efforts to protect your interests. Therefore, in the final part of the appeal you should specifically indicate what exactly you are asking for:

holding the employer accountable
payment of wages or other remuneration
reinstatement
hiring
conducting a supervisory audit

“In accordance with the articles ..... I ask you to conduct a supervisory audit on these facts and give a legal assessment of the actions of the head of Promsnabkhimshtampovidlo LLC.”

Principles and rules for document preparation

A complaint against an employer is a document that does not have a clear form of writing. It can be compiled by a person who is not a lawyer and does not know how to relate events to certain articles of various codes. Prosecutor's office employees check the facts, and not the complainant's text itself.

You can complain and submit a document to the prosecutor’s office at the place of registration of the complainant or at the location of the company’s office, its production workshops or other officially registered organizations. This can be done during a personal visit, during an appointment with an employee of the prosecutor's office or through the office.

A personal trusted representative can also submit a complaint. But just convey it.

It should be written by a person who has some claims against the employer.

Required documents

The law does not establish a specific list of documents required for an application to the prosecutor's office. You can simply indicate all violations in the text of the document.

However, the presence of evidence will help the prosecutor’s office quickly understand the problem and find the necessary solution. Thus, the list of documents depends on the issue on which the appeal is being made.

In the case of labor legislation, this could be:

A copy of the employment agreement and all additional agreements;
Copies of orders for admission, transfer, dismissal, etc.
Copies of payroll or payslips, payslips, etc.
Bank card statements;
Other documents with which the employee can prove his case.

Attention! If documents are attached to the application, it is necessary to make a list of them, numbered in the order in which they were attached to the application.

Who has the right to complain?

The contract for house maintenance is concluded at a joint meeting of the housing construction company between the management company and the owners of the housing construction company. Therefore, taking into account the fact that one of the parties to the contract is the owners of the house, if the services provided for in the contract are not fulfilled, they have the right to send a claim to the prosecutor’s office to protect their rights.

If there are non-residential buildings in a multi-storey building construction that belong to some persons, they also have the right to appeal to the prosecutor’s office if the necessary services are not provided.

Persons living in a multi-storey building under a rental agreement, who are not apartment owners, do not have the right to contact supervisory structures.

At the same time, the following should be noted. Before filing a claim with the prosecutor's office, you must first contact the Criminal Code to try to resolve the issue amicably.

What you need to know about the prosecutor's office and the State Labor Inspectorate

Individuals can complain about the actions of their superiors not only to the prosecutor's office, but also to the State Labor Inspectorate. In this case, they will also have to file a complaint, after which an inspection of the organization will be scheduled.

If State Inspectorate specialists find elements of a crime in the actions of the management, they will, on their own initiative, make an appeal to the prosecutor’s office. The verification process can last for 2 months. After this, the person who sent the complaint will be informed about the result of the inspection and the decision made regarding the violators.

This is also important to know:
What to do if the employer does not give the work book

It is worth noting that if the results of an inspection carried out by employees of the State Inspectorate or the local prosecutor’s office do not satisfy an individual, he has the right to file a complaint with a higher authority. To do this, the employee must have compelling reasons. For example, an employee of the State Inspectorate deliberately delayed the timing of the inspection.

Also, the refusal of an employee of the local prosecutor’s office to report the results of an investigation of the appeal may serve as a basis for a complaint to a higher authority.

How to prove the existence of an offense?

Before visiting the prosecutor's office, the owners of residential rooms must record in detail the violations carried out by the Criminal Code.

It is not advisable to limit yourself to oral evidence only. For proof, repeated written registered appeals to the Criminal Code must first be drawn up. This will be an “iron” argument in favor of the residents.

For example, by reviewing the agreement between the management company and the owners of the house and comparing it with the actual services performed, you can determine how conscientiously the management company is fulfilling the terms of the agreement. The following documents can be cited as evidence of violation of contractual terms by the Criminal Code:

Estimates for activities with increased tariffs.
Increased payment for work performed.
Presentation of receipts for purchases for the needs of a multi-storey building, which were not actually carried out.
Evidence of violations of the Criminal Code may be the lack of documents from management during fraud with funds during the period of the prosecutor's inspection.
For example, failure to repair an entrance can be documented with photographs.
The same method can be used to confirm poor quality work.

Thus, by providing an agreement between residents and the management company, homeowners will be able to prove to law enforcement officers that they have every right to demand that the management company fulfill the terms of the agreement.

How is the application verified?

Conducting a prosecutorial audit can be divided into several stages:

Preparatory. During it, the prosecutor must familiarize himself with all regulations that will regulate the inspection. He must also identify the persons who will conduct an inspection of the organization together with him. Also in the preparation process, the most typical violations of the law for this area are considered.
Conducting an inspection. During this stage, the prosecutor, using the methods available to him, must investigate the activities of the organization, identify violations and the conditions that contributed to their occurrence.
Sales of collected materials. Based on the information received, the prosecutor decides what measure of influence to apply. This could be a protest, a presentation, a warning or a resolution.
Control. Monitoring of the implementation of the prescribed enforcement action is carried out.

An employee complaint check has several features. Unlike scheduled inspections, during which the prosecutor's office must notify about its visit in advance and agree on a time, in this case there is no notification of the inspection. This is necessary to ensure surprise so that the employer cannot hide or correct the results of the violation.

Attention! While at the enterprise, employees of the prosecutor's office may conduct surveys of other employees to clarify the specified information. This can happen either orally or in writing.

How to write an application?

The law stipulates that before filing a complaint with the prosecutor's office, the dispute between the parties must first be resolved through negotiations.

If there is a suspicion of a violation of cash flows or their embezzlement, you must first contact the Housing Commission or Rospotrebnadzor.
If you discover the inaction of the management company’s employees in response to the tenants’ claims and the failure to fulfill obligations under the contract, you must first contact the management company administration. If the management of the management company does not pay attention to the requests of residents, then in this case you need to file a complaint with the prosecutor’s office.
It should be noted that a claim to the prosecutor’s office against the actions (inactions) of the Criminal Code can be submitted either from one apartment owner or from a group of owners. In the second option, the decision is made at a general meeting of owners of MKD buildings.
A collective complaint is usually signed by an initiative group on behalf of the residents of the housing construction, hoping that the more people sign the appeal, the faster the response.
When filing a collective claim against the Criminal Code, the prosecutor's office has the right to send a statement of claim to the court.

The prompt resolution of a problem with the Criminal Code depends on the correct filing of a claim with the prosecutor's office. To correctly fill out the application, it is necessary to comply with the standards of procedural legislation.

The content of the complaint must not include:

Idle talk.
Colorful descriptions.
Errors and blots.
Insults
Incorrect expressions
Obscene addresses.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The statement must clearly state the essence of the problem so that it is clear which standards are not being observed and which clauses of the agreement with the management company are not being fulfilled.

A complaint to the prosecutor's office against the Criminal Code is made as follows:

The header states:

Name of the authority to which the claim is sent and full name. boss
Data about the persons signing the document (full name, addresses and contact numbers).
Data on the management company servicing housing construction.

A little lower, in the center of the line, the word “complaint” is written, and then, on a new line, the essence of the problem is stated:

Clauses of the contract that are not fulfilled by the management company.
Types of specific appeals that were made on this issue.
Answers (if any) from the management company.
List the standards that were not observed by the actions of the Criminal Code.

Next, it is necessary to formulate a petition to the supervisory structure, demanding that measures be taken to protect the interests of housing construction owners.
Then, in the appendix, you need to list additional materials confirming the arguments made.
At the end of the complaint, you must put the date the document was completed and the signatures of all members of the collective complaint.

Complaints must be made on A4 sheets, written either manually or printed on a printer. The main requirements for the complaint: legible handwriting and accuracy.

Rules for filing an application to the prosecutor's office in case of violation of your labor rights by your employer

A unified form of complaints to the prosecutor's office has not been developed. Such documents are drawn up in accordance with office work standards and existing samples.

When compiling, you must adhere to the general rules:

The application should be written only in Russian.
It is advisable to file the complaint on a white sheet of A4 paper.
It is necessary to ensure that the text does not contain blots, strikeouts, or corrections. There should be no gross errors in it. Therefore, before sending, you should re-read the text and, if necessary, rewrite it.
The complaint must contain comprehensive information about the sender and his contact information. Anonymous messages will not be accepted for consideration.
The text of the complaint must have a coherent structure and be presented in chronological order.
The document must not contain profanity or any curse words.
There is no need to put forward your proposals regarding penalties for guilty persons. It is enough to ask to correct the situation and monitor the process.

If a citizen himself doubts his abilities, he can seek the service of drawing up a complaint from a lawyer. As a rule, such work is not valued at more than 1.5 thousand rubles. The types of complaints and applications to the prosecutor's office are different. Therefore, samples may differ slightly from each other. A standard complaint must include the following information:

The full name of the organization to which the complaint is being filed, indicating its address.
Title of the document.
Basic information of the applicant (full name, date of birth, residential address, passport details).
Contact coordinates (phone number, postal and email address).
The essence of the complaint. Events need to be described in detail. Be sure to indicate: information regarding all important characters, dates of events, location of events. Information must be submitted in chronological order. If the text mentions important documents, for example the Manager’s Order, you need to write its number and other information.
Proposals for resolving a conflict situation. Just be sure to adhere to existing legal norms. There is no need to demand immediate detention of the perpetrators.
References to the norms of current Russian legislation that confirm the legality of the applicant’s claims.
List of documents attached to the complaint.
Date the complaint was filed.
Applicant's signature with transcript.

It is not necessary to immediately attach documents to the complaint. But they should at least be prepared. When contacting the prosecutor's office you may need:

The applicant's general passport.
Employment contract.
Employment history.
Any other documents, if the applicant believes that they confirm his case.

Expert opinion

Gusev Vladislav Semenovich

Lawyer with 10 years of experience. Specializes in criminal law. Member of the Bar Association.

For example, depending on the situation, birth certificates of children may be required if the employer does not provide leave to a mother with many children or does not pay child benefits, etc.

A complaint against an employer can be individual or collective. If it is drawn up on behalf of several persons, their data must be indicated at the end of the document, and in the header, for example, it must be indicated that the applicants are a team of some enterprise.

Application requirements

A complaint to the prosecutor's office against the management company can only be sent if the latter does not respond to the residents' statements and does nothing to resolve problematic situations that arise. Drawing up a complaint against a management company that services multi-storey housing construction must comply with the rules for filing applications and official business letters.

Content

The structure of the complaint should be the same as any statement. The document must contain a “header” in which the following information must be displayed:

The name of the institution where the complaint is filed, indicating the position, full name of the head.
FULL NAME. applicant.
Residential address of the complainant, with contact details.
The title is written in the center in the middle of the line, that is, “Statement.”
From a new line, the essence of the problem is briefly stated in a businesslike manner. Here you need to display:

Illegal actions committed by the Criminal Code.
List the obligations that the management company did not fulfill in full or partially fulfilled.
Here it must be emphasized that the evidence provided indicates a failure to fulfill the contractual obligations under which the management of the management company and the owners of the housing construction had assumed responsibilities for maintaining the house.

After describing the claim, you must put the date when the claim was written and a personal signature.
In case of a collective claim, each member of the team must sign with its transcript.

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

Sample application to the prosecutor's office sample for an employer

A complaint to the prosecutor's office against an employer is an important written document, thanks to which it is possible to obtain punishment for the employer in case of offenses on his part. An important point when drawing up a petition is to display the following information:

The name of the institution where the applicant works, indicating the full name. boss
FULL NAME. the applicant sending the complaint.
Displaying the reason for filing the application, providing evidence of unlawful actions by the employer.
Links to the Labor Code of the Russian Federation confirming illegal actions.
At the conclusion of the text section, you can display your recommendations for resolving conflicting circumstances.
The applicant's signature is placed at the end of the document.

An example of such a statement is given below.

Attached documents

It is advisable to attach the following materials to the application:

Technical passport of house construction.
Evidence of misconduct.
Previously registered claim in the name of the management company.
Agreement between the management company and the owners of housing construction for the provision of services.

The listed materials must be reflected in the claim.

Can I file a complaint anonymously?

Sometimes an employee does not want to put his data under the application to the prosecutor's office. The reason for this is simple - he does not want anyone to find out that he is the author of the statement, for example, the director or colleagues.

However, the law specifies that any statement must contain the information of its author, as well as contact information for sending a response to the message. Therefore, if you try to submit a document without an actual signature, it will most likely be eliminated at the acceptance stage. There will be no further consideration of the facts stated therein.

However, it is still possible to keep the fact of conversion secret. To do this, it is necessary to indicate in the document that the employee does not allow any information to be reported about him as the author. Thus, the verification will be carried out, but without disclosing the source.

Attention! Submitting an application online when using the Internet will also prevent you from remaining anonymous. Even in this case, you must provide complete information about yourself. True, in this case, you can put a mark on maintaining anonymity in the application form.

Obligation to respond to written requests from citizens

The obligation of the prosecutor's office to provide responses to incoming complaints is established by Article 10 and Article 27 of Law No. 2202-1. In addition, the prosecutor must comply with the established procedure and deadlines and provide a reasoned response.

If a complaint is refused, there must be a detailed explanation of the reasons. The complainant must be informed of his right to appeal the decision, including going to court.

A citizen can familiarize himself with the materials of the inspection if it was carried out in connection with a violation of his rights by the employer (clause 4 of Article 5 of the Law).

Can a complaint be left without notification or permission?

There may be several reasons for leaving a complaint without notification and permission:

The appeal was submitted anonymously. No notification is sent.
The appeal was made using obscene statements, curses, and insults. No notification is sent.
There was negligence and displays of unprofessionalism on the part of the authorities, as a result of which the complaint was not considered. In this case, you will need to appeal the actions to a higher prosecutor.

Refusal may also occur upon receipt of the following complaints:

The text is unreadable and uses abbreviations and unclear acronyms.
The complaint is not written in Russian.
The document is written in Russian, but the design requirements are violated (solid text without spaces, CAPSLOCK, symbol replacement, no division into sentences, etc.).
There is no legal address of the organization, the address of the complainant, it is indicated incorrectly or the address does not exist.
A duplicate complaint was received, which was previously checked and clarifications were provided to the applicant.

How are out-of-scope issues handled?

If the issues raised by the complaint do not fall within the competence of the prosecutor's office, they are redirected to the departments authorized to consider them .

Complaints are forwarded within one week. The applicant is notified in writing of the fact of forwarding the document at the place of residence indicated by him.

What is regulation?

The concept of normative consolidation refers to the so-called principles of law - its ideological message or essence. One of the significant legal principles is justice. Consolidation in legislation is carried out when they are indicated in the texts of regulations (direct consolidation). They can also follow from the content of the law as a semantic load.

Dry application of the text of the law outside the principles of law (without taking into account their normative consolidation or the absence thereof) actually leads to lawlessness and legal nihilism. As for any complaints to various government agencies, such actions of applicants on a mass scale are capable of achieving the consolidation of the principles of law when adjusting laws by the government apparatus.

Review procedure

Expert opinion

Gusev Vladislav Semenovich

Lawyer with 10 years of experience. Specializes in criminal law. Member of the Bar Association.

If your complaint does not in any way relate to the competence of the prosecutor's office, then most likely you will receive an explanation from the prosecutor about where you should go.

If the prosecutor accepts the complaint for consideration, then you will definitely be called to give an explanation. This is another argument in favor of the fact that you should not overthink the application process. The prosecutor will find out everything you need personally.

Special categories of applications

Even if there is an existing conflict situation with the employer, contacting government agencies should not necessarily be qualified as a complaint. For example, on the website of the inspectorate in question, it is possible to submit a standard request, the purpose of which is to consult specialists. It is also not anonymous, but does not require registration with the ESIA.

This service is provided after filling out an online form with the introduction of personal and contact information (the option of an anonymous request is also eliminated), as well as a statement of the alleged violation of the employee’s rights by his employer. A detailed, qualified response using current legislative acts is sent to the e-mail specified by the applicant.

In addition, it is worth distinguishing complaints according to the type of offense that occurred and the intended punishment. Thus, the interests of the applicant are resolved with the help of an order sent to the employer, or both parties will be drawn into long-term investigative and judicial processes, which may be followed by administrative punishment for the violator.

How to report a violation?

Various methods are used for circulation. We will describe all the methods separately. And you decide for yourself which one to use.

Complain by calling the hotline

You can contact us at various numbers:

To the general hotline +7(495) 987-56-56;
To submit appeals in the capital or.
The operator will answer if the call is received during business hours - from 900 to 1800 (Monday to Thursday), from 900 to 1645 on Friday. Lunch break from 1300 to 1345.
Call the helpline (without disclosing your details). Works around the clock. Just a description of the situation that has arisen is sufficient.

Filing a complaint in person

In this case, you should personally come to the department and hand over the documents. To do this, you should contact the office. Prepare a second copy of the complaint in advance so that it can be marked.

The package of documents is accepted by the responsible employee. He puts his signature and registers the appeal in the journal. Additionally, a stamp is placed.

If you refuse to affix a mark, you must indicate that the procedure for considering applications does not contain any prohibitions on affixing marks. Refusal is a reason to file a complaint against such actions.

After receipt, the document is handed over to the responsible prosecutor for execution.

You must have a passport with you for identification.

Through a representative

If it is not possible to file a complaint in person, you must act through a representative. However, for this you will first need to issue a power of attorney in his name from a notary . You need to approach the drafting of a power of attorney very carefully. The powers of the representative must be clearly defined.

It is better if a general power of attorney is issued. These also register, if necessary, to represent interests in judicial structures.

When submitting a complaint to the department with attached documents, the representative will also need to prove his identity. If the power of attorney specifies a passport, then that is what needs to be presented.

In addition to the complaint, the representative must attach a copy of his passport.

By mail

This method is complicated. Firstly, the letter may be delayed. Secondly, there is a possibility that it will get lost. But in most cases, correspondence still reaches the addressee.

If you want to send a complaint by mail, it is better to send a package of documents using a notification . An inventory is also desirable to confirm the fact that documents were included.

In addition to the complaint itself and its attachments, you should add a copy of your passport. Receipt will be confirmed by the return of the notification receipt . If it is not returned, you need to contact the post office with a question.

Online appeal

The right to such treatment is ensured by the following regulations:

Law 59-FZ of May 2, 2006;
By order of the Prosecutor General's Office of Russia dated January 30, 2013 N 45.

Through the Internet reception of the prosecutor's office

Go to the official website of the Prosecutor General's Office.
Click on the “Online Reception” tab.
In the field “Prosecutor's Offices in the constituent entities of the Russian Federation”, select your subject to speed up the verification of the appeal.

Further, each reader will have his own scheme for filing a complaint. But there are general requirements:

Anything marked with an asterisk (*) must be completed.
Applications without the citizen’s surname and address will not be considered (Article 11 of Law 59-FZ, paragraph 2.8 of the Instructions).
Applications are accepted only in Russian.
In order for a complaint to be considered, there must be enough information, and the essence of the issue must be clear, otherwise - refusal (clause 2.9 of the Instructions).
The application must be accompanied by documents and other materials necessary for consideration. File size is limited to 5 megabytes. Larger materials are sent by mail.
Applications that contain audio and video recordings, links (hyperlinks) to sites where a certain file format is stored can also be considered.

Complaint to the Prosecutor General's Office

If the appeal falls within the competence of the Prosecutor General's Office, an online complaint is possible directly to this structure. The rules for writing an application and the specifics of attaching files are the same, but there are some differences:

Among other things, a complaint can be filed against the actions/inactions of regional prosecutors' offices.
If you need to provide a large volume of documents, you can apply by mail to the address GSP-3, 125993, Moscow, st. Bolshaya Dmitrovka, 15a.

General Prosecutor's Office of the Russian FederationProsecutor's Office in Moscow

To contact the Prosecutor General's Office of the Russian Federation via the Internet:

Go to the same internet reception page, scroll down without selecting a region.
Please read the warnings, including penalties for perjury. If you continue filing the complaint, click the “Agree” button.
Select the type and type of request. The type is selected from those proposed, and in the context of the topic under consideration, “appeal from an individual” or “collective complaint” are suitable. There are only two types: corruption cases and all the others.
Enter the applicant's full name. Please note that anonymous complaints will not be considered. Here, indicate (select) the country - Russia, and the region. Once completed, click “Continue”.
Enter information about the message delivery method. This implies receiving a response to the complaint. To respond to an email, simply indicate your email address. Those wishing to receive the message by regular mail must provide the full address. Click Continue.
The next section is the message itself, but first choose a topic. “On violation of labor rights (except for litigation)” is most suitable, but the topic may be different.
Next, enter the text itself and add the necessary files. See the structure of the text above in this article. Our advice is to compose the text in advance, check and copy it into this field. All that remains is to check everything again, click the captcha and click on the “Continue” button.
to confirm your email address will be sent to the specified e-mail Follow it, otherwise the message will not be accepted for consideration.

After confirmation, you will receive a message indicating that the complaint has been accepted for consideration, and subsequently an answer to your question.

Through State Services

Applications are also possible through the State Services portal. The interface will look different, but the final addressee will be the same prosecutor's office. To use this method, you must register on the State Services website and pass authorization. Further:

Go to the service page and read the information about it.
Click "Submit a request."
Check the applicant’s data automatically pulled from your personal account. Please note that email is in the category optional to fill out, but if you want to receive an electronic response, you must enter this information.
The passport details will also be filled in automatically - check them.
Choose region. By default, the region of your registration may be entered - it can be changed.
A field familiar from the previous method is the type of appeal. Choose "general character".
Next, all fields will be familiar. Here is the topic of appeal.
Enter text, add files. How to do this has already been described several times above.
Next are two “checkmarks”. Please put the first one only if you want to receive a written response (you will need to provide a postal address). The second - agreement with the rules, notification of familiarization with liability for giving false testimony - is mandatory.

All that remains is to send a message and wait for the results. If the e-mail is specified in your personal State Services account, you will not have to confirm it again.