How, where and what are they complaining about? The concept of a complaint is common in Russian law. You can now find sample complaints for any reason. But all the same, there remain problems of the correct preparation, submission of such paper, and the expected result.
What is a complaint?
This is a statement on the illegal actions of a citizen or organization with the requirement to eliminate violations and their consequences. The requirements for a complaint depend on where it goes:
- to a public authority;
- municipal authorities;
- to the police;
- to the prosecutor's office;
- to court.
On the websites of almost all government agencies there are explanations on writing statements, complaint samples , it remains only to fill out correctly. No one wants to waste time paper, on which you need to figure out something else, spending time.
Complaints are written to the President. He is the official handling complaints of any action. Exceptions are court decisions, sentences, actions of law enforcement agencies in criminal proceedings or bringing citizens to administrative responsibility.
A specific function of the President is the consideration of citizens' applications and complaints regarding citizenship issues. He is the main official responsible for this area of activity of the authorities. Therefore, before taking the first samples of complaints that come across, you should understand what law they fall under and what needs to be taken into account.
For example, such a complaint has its peculiarities - the inaction of the bailiffs. The sample is often located on the control stand.
But we must understand that inaction or violation of the law have a variety of forms.
Citizen rights in this area
Any person has the right to get acquainted:
- With the results of the consideration of complaints.
- With complaints of other citizens, provided that this does not violate the rights of another person or does not disclose a secret (for example, privacy, investigation, state or commercial secret).
- With a response to his appeal within the time prescribed by law.
Maybe he also complains about the response of the state body or official. Writing an application for an unlawful response or other violations in connection with earlier complaints is permitted in the order of subordination or in court.
The time allotted for filing a complaint is 30 days; if necessary, it is extended.
What can not be done
It is forbidden to write offensive letters, to threaten them with harm to health or property, as well as to relatives or close people of officials. Such appeals are not permitted to be answered. In addition, materials can be sent to the police for appropriate response.
No response is given to letters from which it is impossible to find out who wrote it or where to send the answer. If a complaint is received that has previously taken place, it is returned back indicating the impossibility of giving repeated answers to the same complaints.
The text must be written legibly, otherwise the applicant will receive an automatic refusal.
Securities that are not signed by anyone are not considered. If the issue concerns a serious crime, corruption, the paper is immediately transferred to the prosecutor's office, the UK, the police or the FSB. Usually, everything is sent to the prosecutor's office, from where materials on jurisdiction are transferred. Samples of complaints for almost any case prescribed by law can be found on specialized resources.
How is the complaint decided?
If we are not talking about a lawsuit, a criminal case, then the general procedure for consideration and decision-making on complaints is provided.
The official or body that received such paper is required to request materials from other government bodies, organizations. Everyone affected by the application has the right to write an objection to the complaint. The pattern is just as easy to find. The answer may contain references or attached documents with disproving evidence.
Where to complain
The complaint is sent either in the order of subordination, or to the court. Now applications for officials in court are being considered in accordance with CAS standards. The court should turn to prosecutors. They are responsible for legality in the field of citizens' appeals and must make decisions regarding the illegality of the actions of officials or representatives of organizations.
The trial, deadlines, statement
Now officials are writing statements to court in accordance with CAS standards, with the exception of criminal cases, CAO materials.
3 months are given for sending papers to the court, with the exception of cases prescribed by law. For example, a complaint about the inaction of the bailiffs, the sample of which is given above, must be processed within 10 days. A similar period is prescribed for refusal in a public event and other cases.
If complaints were previously filed with other bodies with the appropriate authority, and the response was not given on time, the citizen may ask to restore the deadline before the start of the process. The paper is composed as follows.
- court order (a plaintiff complaining about officials has the right to choose the institution closest to his place of residence);
- information about the defendant (name, address);
- what rights have been violated or what are the obstacles to their implementation;
- arguments, evidence, it is advisable to refer to regulations;
- request to the court (recognition of actions or omissions illegal, request to take specific actions, etc.);
- request for evidence, appointment of expertise, etc.
- list of attached documents;
- signature, date.
Duty for such claims is not paid, and claims about it are illegal.
Often, not one sample complaint is used for preparation, against a bailiff in particular. Violations are very diverse even in one area.
Private complaint proceedings
Private complaint - a statement requesting to cancel an interim decision of a judge in a case. If the claim is left without movement if the plaintiff fails to pay the fee, the latter is given a deadline to pay the amount on the receipt.
The court’s refusal to order an examination, the suspension of proceedings is also the reason to file a private complaint.
The deadline for filing a complaint is 15 days from the moment when it became known about the decision of the judge in the meeting or the paper arrived by mail. A private complaint about a court ruling (a sample is often located on the authority’s website) is prepared according to the general scheme:
- name of the court in whose jurisdiction the appeal proceedings;
- indication of the parties to the case;
- determination which is appealed (date, name, case number);
- arguments, evidence confirming them;
- request to court (cancel, amend, resolve the issue at its discretion).
The court of first instance sends the parties copies of the complaint with the attached materials, waits for reviews, and then sends it to the appellate court.
If it was not possible to achieve a result in court
How is a complaint filed against a district court decision? The sample is provided by a lawyer based on their experience.
Materials are submitted to the court, which adopted a decision that did not satisfy the plaintiff. They check the compliance of the appeal with the law and send it on an instance. If you send the paper directly, they will be sent to the court of first instance, which will take time.
Approximate composition of the complaint:
- court to which the complaint is addressed;
- parties to the case (name of organization, full name of an individual, address);
- the date of the decision, the number of the appeal;
- indication of violations, arguments confirming them;
- request to court (cancel, change, take a new decision);
- description of attached documents;
- applicant's signature, date;
- copy of power of attorney;
- a copy of the diploma of a lawyer representative, if he is not a lawyer or prosecutor.
In the court of appeal, the judge checks the complaint for compliance with the law, then it is considered by the panel of judges.
A sample complaint to the Supreme Court will come in handy if appeals do not help. After it remains the presidium of the city, regional, regional, republican court. If this has no effect, the cassation appeal is sent to the Supreme Court of the country.
A refusal to open proceedings on a supervisory appeal may be canceled by the chairman of the RF Armed Forces or his deputy. Next begins consideration in this court. Having decided to recover the case, the judges take a new decision on it. Rarely, when they finish the process, the materials are again sent to the first or appeal court, depending on what violations were in the case.