How to write a complaint to the prosecutor?
There are cases when a complaint to the prosecutor’s office remains the only way to deal with the injustice against you and punish those responsible. We will tell you how to write a complaint to the prosecutor's office so as not to get a refusal, and give examples of correctly drafted statements.
Functions of the Prosecutor's Office
The Prosecutor's Office is a state structure that oversees compliance with the law by both citizens and enterprises, institutions and organizations. Its powers include the following functions:
- supervision over the actions of law enforcement agencies. If during the detention the police insulted or beat you, you can contact the prosecutor's office;
- monitoring compliance with laws by all levels of government. Observed a violation of the electoral legislation, informed the CEC about this fact, but did not receive a response? You have the right to complain about her inaction to the prosecutor;
- protection of the rights and freedoms of citizens.You can write to the prosecutor's office an application for abusive actions of an employer who does not pay a salary for a heating network that does not supply heat to your apartment and does not recalculate, to a fraudster who deceives you with money.
The prosecutor's office is obliged by law to consider all applications without exception and to give an answer to all complaints. However, you may be refused, therefore it is important to know how to write a complaint to the prosecutor’s office correctly.
How to make a complaint to the prosecutor?
The complaint to the prosecutor’s office is made up in an arbitrary form, there are no strict requirements for its content and design. However, lawyers advise all the same to observe a number of rules that will exclude the likelihood of returning the application without consideration.
1. In the upper right corner, indicate to whom the complaint is addressed: to the prosecutor of the city, district, region, etc. Write his surname and initials, if these data are known to you.
2. In the same place, just below, leave your contact details: full name, registration and residence address, telephone number, series and passport number, as well as information by whom and when it was issued. Why do you need it? Firstly, the prosecutor's office does not consider anonymous statements.Secondly, its employees should know to whom and where to send a response on the complaint.
3. The complaint itself may not be entitled, the absence of the title does not affect the consideration.
4. Briefly and clearly state the essence of the complaint, indicating by whom, when and under what circumstances unauthorized actions were taken against you. It is useful to indicate the articles of laws that, from your point of view, have been violated. This is not a requirement, but will give weight to your message. Therefore, if possible, consult a lawyer or a lawyer - they will help substantiate your complaint in terms of legislation.
5. Be sure to write your requirements: to verify the facts stated and to punish the perpetrators in accordance with the law. The prosecutor’s office does not perform punitive functions, but it can, if necessary, initiate a criminal case and refer it to court.
6. Do not use offensive words and profanity - such statements are left without consideration. Record the dates, names, and positions of the persons you are complaining about and those who can act as witnesses.
7All available documents and photos that confirm the validity of your complaint, attach to it as an application. In the complaint itself, write a list of applications, enumerating them and specifying the number of pages in each. So you will be sure that nothing will be lost.
8. Give to the prosecutor's office only copies of documents, keep the originals. They may be needed in court or when contacting other authorities. Make the complaint itself in two copies, one of which is also to keep.
9. At the end of the application, sign, decrypt it (write your full name) and date.
Complaint to the prosecutor's office - sample:
10. Send the complaint by mail with a notice, with an attachment list. The notice you receive from the post office will indicate when and how the prosecutor’s office employee received your letter. Within 15-30 days, an answer must be sent to the address you provided.
In Russia, a complaint may be filed with the prosecutor’s office online. To do this, go to the website of the district prosecutor's office, fill out a questionnaire and the proposed application form. Please note: you will need scanned copies of the attached documents in electronic form, so take care of this in advance.The timeline for handling electronic complaints is the same as that sent by mail.
Reasons for rejection of complaints
For what reasons can a complaint to the prosecutor's office be rejected? There are several of them, and we have already mentioned some of them in passing:
- the presence of obscene language. Stay correct and restrained, then the prosecutor will have no reason to dismiss the complaint;
- lack of logic. An incoherent stream of thought, not shaped as a consistent statement of events, no one will read;
- illegible handwriting. If your complaint cannot be read, it will not be able to respond;
- insufficient information about the applicant. A complaint to the prosecutor's office without your full name, address or passport data is equivalent to an anonymous appeal, and they are not accepted for consideration;
- re-submission of an application with which you have already applied to the prosecutor's office. A complaint is considered only once, there are no revisions.
All events have their deadlines for appeal. Therefore, do not delay with the appeal to the prosecutor's office, otherwise you can get a negative answer.
Complaint to the prosecutor's office against the employer
One of the most common types of complaints is against an employer.Failure to pay wages, improper accrual of vacation pay and social benefits are grounds for applying to the prosecutor’s office.
A complaint against an employer is made up according to the scheme we described above. However, pay attention to 2 fundamental points:
- the application must be submitted to the prosecutor's office at the place of registration of the enterprise. For example, you work at a poultry farm located in the village of Ivanovo, Ivanovo District, but the legal address of your company is registered in the regional center. The complaint will have to be filed there;
- In addition to documentary evidence, evidence is required. Therefore, in advance, make sure that colleagues are ready to confirm your words during the prosecutor's check.
Do not forget that false accusations are a crime from the point of view of the law. Therefore, be honest and do not make unfounded accusations.
Complaint to the prosecutor's office - sample application for the employer:
Complaint to the prosecutor's office on bailiffs
The actions of bailiffs can also be appealed through the prosecutor's office. A private person writes an application in any form, the enterprise uses its letterhead with the details to draw up a complaint.
Describe in detail the essence of the claim, stating the content of the telephone conversations with the bailiff and attaching copies of all available documents, including the court order.
If you have already applied to the bailiff service with a complaint, indicate this fact as well, at the same time mention the time when you received the answer and whether you received it at all. The fact is that the law gives the bailiffs 3 months to respond to the complainant’s complaint. Exceeding this period is a violation and entails punishment.
Complaint to the prosecutor's office - sample application to the bailiff:
The complaint to the prosecutor's office is a way to defend their civil rights and bring to justice those who do not consider it necessary to follow the letter of the law. We wish you good luck in this.
For tips on how to properly file a complaint with the prosecutor’s office, see the video “How to write a statement to the prosecutor’s office.”