Complaint about inaction of police officers: sample and procedure for filing

Samples of complaints against police officers to the Prosecutor's Office

ATTENTION! Look at the completed sample complaint to the Prosecutor's Office about the investigator's inaction:

You can DOWNLOAD samples of complaints against police officers using the links below:

Complaint about illegal actions of a police officer to the Prosecutor's Office
Complaint about police inaction to the Prosecutor's Office
Complaint to the Prosecutor's Office about the investigator's inaction

Drawing up and filing a complaint

How to write a complaint against a police officer? The complaint is prepared like any other appeal. There are no specific requirements for the form of presentation. The only mandatory condition is the written form of the document.

The complaint must include the following information:

the name of the authorized body to which the complainant sends his appeal;
Complainant details;
a brief summary of the offense committed by the police officer (actions or inactions that the complainant considers a violation of his rights or the law);
documents that serve as evidence of the claims made.

It should be noted that complaints (anonymous appeals) made on behalf of an unknown person are not subject to consideration by the authorized bodies.

So the complaint must provide reliable information from a valid passport. In addition, a copy of your passport is required.

In the following cases, supervisory authorities may not accept a complaint or refuse to consider it:

if the same person has applied with the same application and it is already under consideration or has already been considered;
if the complaint does not make sense;
if the content of the complaint contains obscene words and threatening statements.

Thus, you should draw up a complaint in accordance with the norms of speech, preferably in an official business style. Of course, references to the provisions of the legislation on citizens' appeals, which establish the responsibility of supervisory authorities for violation of the consideration procedure, are not recognized as a threat.

You can file a complaint against a police officer in one of the following ways:

upon a personal visit to the supervisory authority;
through the postal service by registered mail;
through the Internet portal of the relevant authority.

In any case, if the complaint is made in accordance with the requirements of the law, the supervisory authorities are obliged to respond within no more than one month. Missing this deadline is considered a violation of the law on citizens' appeals and can also be appealed to a higher authority or to court.

A sample complaint can be downloaded on the Internet. You can also find a sample complaint to the prosecutor’s office about the inaction of police officers in the office of the law enforcement agency itself.

Application to appeal unlawful actions of police officers

How to properly file a complaint

When filing a complaint against a police officer, follow this plan:

Full name or name of the person/organization to which the complaint is being sent and address. For example: Tushino interdistrict prosecutor's office of the North-Western Administrative District of Moscow,
Full name of the person sending the complaint, address, telephone number, other contact details,
title of the document, essence of the complaint. For example: a complaint/application about the inaction of a police officer in the Tverskoy district, Central Administrative District, Moscow,
the descriptive part consists of the facts of the incident and the circumstances in which the police officer did not fulfill his direct duties,
articles of the law referred to by the applicant (Article 125 of the Code of Criminal Procedure of the Russian Federation - application to the court, Article 124 of the Code of Criminal Procedure of the Russian Federation - for other forms),
a statement of the essence of the request. For example: initiate a criminal case, cancel a decision, etc.
date of filing the complaint, signature.

It is not difficult to write an application for the proposed plan. When filing a complaint against the actions of a police officer, pay attention to the norms of the Code of Criminal Procedure, which regulate the procedure and timing of certain procedures. Study the form of documents and the rules for filling them out. If you have any difficulties, contact a lawyer.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

How to properly file a complaint about the inaction of a police officer

The current legislation of the Russian Federation has not established any special form that a complaint submitted to control and supervisory authorities must comply with. But this does not mean at all that you can compose it any way you like.

If you want your complaint against the actions or inactions of Police officers, which led to the infringement of your legal rights and interests, to be guaranteed to be considered, it is better to follow a certain template when drawing it up.

Such a statement must consist of the following parts:

The so-called hat. It is written in the upper right corner. In it, indicate the full name of the body to which this complaint is sent, the details of the direct addressee, indicating his last name, first name and patronymic, as well as rank and position held. After that, write your details. Here, please provide your last name, first name and patronymic, registration and actual residence addresses, as well as a contact phone number where, if necessary, you can be promptly contacted;
After the header is filled out, step back a little and write the name of the document in the center of the sheet. The title can be either generalized – “Application”, “Complaint”, or specific – “Complaint about illegal actions committed by a Police officer”;
The title is followed by the body of the document you are writing. It is in it that you should present in as much detail as possible and, if possible, briefly all the circumstances of what happened. After this, indicate which specific norms of the current legislation of the Russian Federation, in your opinion, the Police officer violated. In this case, it is worth referring to specific articles of laws;
In the final part, request that measures be taken to eliminate the violations committed against you, as well as to bring those responsible for them to appropriate responsibility;
After this, list all the documents and materials that you considered necessary to attach to the complaint being drawn up;
The completed complaint must be signed with your own hand and dated.

Since law enforcement officials often try to cover for each other, it is best to file such a complaint by certified mail with an inventory of the contents and return receipt requested.

This method will ensure guaranteed delivery of your complaint to the addressee, and you will be forced to respond to it, since you will have a receipt in your hands, proving that it was received by the relevant authorities.

The current legislation of the Russian Federation allows 2 weeks for consideration of such a complaint on the merits. The calculation of this period begins from the day the complaint was received. In the event that the complaint was sent by registered mail with acknowledgment of delivery, the calculation of the period begins from the day indicated in the notification as the date of receipt of the mail.

When filing a complaint against a police officer, be sure to pay attention to the following points:

Any person who believes that police officers have violated his legal rights and interests has the right to draw up and file a complaint. Simply put, such a complaint can be filed either by a person involved in any case in the status of a victim, or his legal representative, or by a person in the status of an accused, as well as their close relatives. The lawyer of one of the parties can also submit such a document;
The complaint can be handwritten, typed on a computer, or typed on a typewriter;
When filing a complaint against police officers with the Prosecutor's Office, keep in mind that there is an instruction approved by order of the Prosecutor General of the Russian Federation that establishes the procedure for considering complaints received from citizens. Although this document does not have the force of law, employees of the Prosecutor's Office, when considering your complaint, will be guided by it. And this instruction provides for leaving some appeals without consideration, for example, those in which the address of the person submitting the application is not indicated, or if its meaning is not clear from the text of the appeal. Therefore, when writing a complaint, try to express yourself as correctly as possible. Avoid the use of slang and profanity. Also check the finished text for grammatical and spelling errors;
An anonymous complaint will not be accepted for consideration. Therefore, be sure to indicate your last name, first name and patronymic, registration and actual residence addresses, as well as a contact phone number;
If you plan to attach any documents to the complaint, it is better to attach not the originals, but duly certified copies.

ATTENTION! Look at the completed sample complaint to the Prosecutor's Office against the investigator:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

How a complaint is made

There are several options for submitting a complaint.

You can deliver it in person, use the services of the Russian Post, or send it via the Internet.

All structures have their own websites (with the exception of district offices). The website has a section - Internet receptions. This is where citizens' applications are sent.

Remember! No matter how the complaint is submitted, it must be registered .

Even if the letter is sent over the Internet, you will receive a notification stating that the request has been accepted and what number is assigned to it. If the complaint was brought in person, the office will put a mark of acceptance (incoming document number, date, signature of the person receiving it).

Deadlines for consideration of the document on its merits

A complaint submitted to the prosecutor's office, according to current legislation, must be considered within 15 working days.

After this time, a decision is made. The citizen who filed this complaint must be notified of the decision made.

Know! Sometimes, due to the need to carry out certain investigative measures, the period for consideration of a complaint is extended to 30 days.

If you do not agree with the decision that was made after considering the application sent to the prosecutor's office, you have the right to appeal it. To review the decision and correct shortcomings, 10 working days are allocated.

A written response to citizens' appeals to the prosecutor's office is sent to the applicant the next day after the relevant decision is made.

The applicant can personally choose the method of receiving a response to the complaint, and it does not depend on the method of transmitting the complaint.

Coupon notification of acceptance of a statement to the police

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How to make a complaint to the Russian Ministry of Internal Affairs, read the link: https://novocom.org/dokumenty/zhaloby/obrazec-zhaloby-v-mvd-rossii.html

That is, the notification can come by mail in writing or by email. In addition, if you prefer to receive the answer in person, contact the court office or prosecutor's office. This way you will get acquainted with the results of your efforts in the shortest possible time.

The official response will definitely clarify that you have the right to appeal the decision to higher authorities. Such a need arises when a person does not agree with the answer because his demands have not been met. The response from the district prosecutor's office is appealed to a higher prosecutor's office or in court.

If the complaint was considered in court, you can appeal the court decision in the regional court through the appeal procedure.

Watch the video. On the procedure for filing complaints about the actions and inactions of Police officers:

Complaint review period

An application to the prosecutor's office regarding police inaction must be considered within 15 working days. The corresponding rule is enshrined in current legislation. Then they are required to make a decision, which is communicated to the applicant. In some situations, the period may be extended to 10 days. Such a decision must be justified. Thus, the period is extended if additional investigative measures need to be completed.

Video

If a person decides to appeal the response, 10 working days are allotted to consider the appeal and eliminate shortcomings. The response is sent to the applicant’s address no later than the day following the decision. The prosecutor's office protects the legitimate interests of both individuals and legal entities. It is entrusted with monitoring compliance with current legislation. If your rights are violated, do not let the situation take its course. It is necessary to contact the authorized body as soon as possible and initiate proceedings.

Grounds for appealing police actions

Citizens can file a complaint against the work of police officers if the latter committed an unlawful act, violating the norms of current legislation. Complaints are also sent due to the inaction of law enforcement agencies.

Let's consider specific situations:

Having received from a person an application to initiate a criminal case in connection with an identified offense, police officers do not accept it for consideration, refuse to carry out an investigation based on the received “signal” or do not want to bring the violator of the law to criminal responsibility,
The inspection organized by law enforcement agencies was carried out formally, and important circumstances were not discovered. Based on the results of such a check, the requirements of the citizen who contacted the police will not be satisfied,
on the basis of a petition filed by a citizen, a criminal case was initiated, but the article of the Criminal Code of the Russian Federation under which it was initiated does not correspond to the real gravity of the crime,
the investigation of the case is being carried out “carelessly”, the time frame for its consideration is delayed, witnesses are not invited to interrogations, no one is preparing the evidence base, the criminal is at large. As a result, the case was terminated, and the reason for its termination was the unprofessional actions or inaction of the police,
communication between the police officers and the person who filed the complaint has not been established. The latter has no idea at what stage the investigation is at, what has been done to solve it, etc.

What to do if you are summoned for questioning by the Police?

In connection with the latter circumstance, the applicant independently contacts the police and tries to obtain the information he is interested in.

If your case meets at least several of the above grounds, contact other authorities authorized to deal with similar cases, as the case may remain unsolved and the criminal will escape punishment.

Sometimes, when filing a case, police officers make mistakes in the testimony of witnesses. To rectify the situation, you need to submit an application to the chief of police or another higher-ranking official with a request to sort out the situation with distortions of witness testimony. This problem can be solved within the department.

Complaint to the Prosecutor's Office about the investigator's inaction

Citizens, if necessary, can complain to law enforcement agencies for inaction. If violations are detected in the work of investigative bodies or bodies of inquiry, the complaint is transferred to the prosecutor.

The complaint is sent to the prosecutor's office, which is located in the territory where the investigative body or inquiry body is located, which is engaged in the preliminary investigation of the case. You can file a complaint in person, with the help of a lawyer, or involve a trusted person (with a notarized power of attorney).