How to draw up and submit an application to the prosecutor. Application to the prosecutor for inaction. Application form to the prosecutor. Application to the prosecutor's office for the employer

There are many reasons for contacting the prosecutor, and they are usually associated with inaction or direct violation of the law regarding citizens. An application to the prosecutor's office is drawn up in case of violation of the rights and freedoms of a citizen, as enshrined in the Constitution and legislation of the Russian Federation.

Why to the prosecutor’s office? Because it is a body that exercises general oversight of compliance with the Constitution and laws, does not belong to any of the branches of government and exercises control independently, on behalf of the state. The process of compiling the document is not clearly regulated, but is prescriptive. Therefore, as such, there is no application form to the prosecutor. However, there are a few rules that must be followed.

Rules for compiling an application to the prosecutor

1. An application is made to the prosecutor's office in accordance with the requirements of the law. This is important, otherwise it will not be accepted for consideration. It must be indicated in the name of whom (the prosecutor or prosecutor's office) the document is sent. The surname, first name, patronymic, postal address of the one who applies to the prosecutor's office are registered. At the bottom of the text of the statement are the signature and date of preparation.
2. The appeal itself should be brief, clear, without emotional coloring - only a statement of facts. Actually, writing can be divided into three parts:
   - In the first, it is necessary to state the facts: what, where, when and in connection with what happened. Everything is stated accurately, without extraneous information, because any unconfirmed phrase may serve in the future as a basis for refusal to consider.
   - The second part is an explanation of why the statement is contrary to the law and violates the rights of a citizen. It would be very correct to indicate the names, articles of laws.
   - The final part - a request to the official to stop the violation of the law and bring to justice the relevant citizens.
3. An application to the prosecutor's office takes place through the post office (by registered letter with notification), but the best option is to submit it personally. For this, two copies of the paper should be made: one is served, the other (with a mark of admission and signature) remains in the hands of the applicant. This copy of the application is an official document.

Applying for an employer

If the conflict with the leadership is unsolvable, and the authorities do not adhere to the concluded labor contract and do not comply with the provisions of the Labor Code, an application should be submitted to the prosecutor's office for the employer. What violations makes sense to appeal to the prosecutor? This is appropriate if the organization’s management:

• does not issue or delay salaries;
• unreasonably withhold part of the salary;
• does not comply with safety measures, forces to work in conditions hazardous to health and life;
• Refuses to grant leave.

Other circumstances are possible, but in any case, they should not be far-fetched. It is necessary to prepare for the fact that the prosecutor’s office will want to check the statement for reliability, that is, require arguments. These can be testimonies, stored or photocopied documents that differ for each individual situation. These papers may not be provided if it is reasoned and clear to state their position for the prosecutor's office.

How to draw up and file an application with the prosecutor for the employer

The application must be submitted to the prosecutor's office of the district where the legal address of the organization is registered, in the name of the district prosecutor. As in all official documents, the heading indicates the last name, first name, middle name and contact details of the person filing the complaint. A statement to the prosecutor’s office is an official paper, therefore, it requires setting out the problem briefly and constructively, without unnecessary arguments that are not directly related to the case. Otherwise, there is a possibility that it will not be accepted for consideration or additional evidence will be required in the case.

The submission procedure is the same as in general order. It should only be noted that the prosecutor, after receiving the application, must conduct an audit within a month. After that, a response indicating the measures taken is sent to the applicant.

The appeal may be submitted to the labor inspectorate. In this case, the inspector will submit an application to the prosecutor’s office to the employer. However, this process will take more time, and the results of the prosecutor’s inspection will be known only after two months.

There may be cases when the prosecutor, for one reason or another, drags out the audit, does not conduct it on time, or the results do not suit it. In this case, it is worth making a second statement, but already to the prosecutor's office a level higher. It should be borne in mind that there must be good reason for this. For example, when the prosecutor’s office in every way refuses to report the results of the audit.

How to file an application if there is direct inaction on the part of government bodies in solving the problem

Federal law gives the right to appeal to the prosecutor with a statement on the action (inaction) of state bodies. It is allowed to appeal any actions and decisions of officials if they cause damage to citizens. The application to the prosecutor for inaction does not differ significantly from other types of similar papers. When writing, the previous filing requirements remain:

• Indication of the address and name of the prosecutor's office;
• full contact details of the applicant, signature and number;
• attach documents that are relevant to the situation.

If there are difficulties with which prosecutor’s office you can write to the city. The application process is similar: it is submitted in person and you also need to get a copy with notes from the reception office.

For this case, to write a statement to the prosecutor, a sample of which was discussed above, there are subtleties and nuances.

Features of the application to the prosecutor for inaction

First of all, the text of the application must specify which rights are violated and how this infringes on the applicant’s freedoms. Then describe what actions (omissions) and which specific officials violated the rights. The petition of the complaint must necessarily require:

• recognize specific actions (inaction) of an official unlawful;
• oblige this person to eliminate violations;
• get the necessary documents for the audit.

You need to understand that there are requirements in terms of restoring the rule of law and bringing those responsible to justice. Recent requests are mostly ignored. In the best case, the bonus will be removed from the guilty or “indicate inadmissibility” in the order. The chances of initiating a criminal case on an application are much lower than the administrative ones. Therefore, the statement should set feasible requirements without condemning yourself to unsubscribing. Claims should be formulated unambiguously so that they cannot be interpreted, then the response of the prosecutor's office will be on the merits of the matter.

The prosecutor considers the application to the prosecutor for inaction within three days. If additional materials are needed - within ten days. When extending the term, the applicant shall be notified. Having considered the complaint, the prosecutor makes a decision either to recognize the action (inaction), or that the official’s decisions are illegal, and obliges him to eliminate the violations.

Application for housing and communal services

Many residents have resigned themselves and prefer to endure unscrupulous maintenance of housing and communal services. If claims to housing and communal services remain unattended, you should contact the prosecutor's office and assert your rights. However, so that the claim is not unfounded, you must first file a complaint with the farm itself. Since there is no official application form in the housing and communal services , the claim is made in simple written form.

In the heading of the application, you must indicate the full name of the housing and communal services, location address, details and surname of the head. Below, as in all documents of such a plan, the data of the applicant are indicated. Then the essence of the problem is revealed, accurately and in detail. The following lists the attached documents to help clarify the situation. As usual, a signature and a seal are put.

The application to the housing and communal services is written in duplicate. One is taken to the management company, the second is registered, signed and kept at home. In order to avoid questions in the future, it is worth making sure that the application contains the full name of the person who accepted the document. If the housing and communal services did not respond to the complaint, this becomes the basis for filing an application with the prosecutor.

Application to the prosecutor’s office

In the narrative of the application to the prosecutor's office, it is necessary to indicate what service was provided and what is the degree of its non-compliance with the norm. All documents confirming the problem are listed. If there is an expert opinion, for example, on poor-quality repair, it is worth mentioning it in the complaint. You can attach photos.

When compiling an application to the prosecutor’s office for housing and communal services, it is necessary to indicate the requirements that were presented to the management company and the degree of their satisfaction. Lists housing and communal services documents in which the answer is given. If there was no reaction to the complaint, this must be noted.

Finally, it is worth noting what rights the company violated and by what law it is regulated. If there are difficulties with this, you can specify as a basis the federal law “On the Protection of Consumer Rights”, Art. 27-31. It is necessary to formulate your requirements for the prosecutor's office in relation to measures that need to be applied to housing and communal services.

The application is accompanied by the listed documents, the second copy of the application to the housing and communal services and the expert opinion, if any. As usual, they draw up a document in duplicate; one of them, together with copies of the attached papers, is kept at home.

Application for the bailiff service to the prosecutor's office

The legislation of the Russian Federation makes it possible to complain about the inaction of representatives of the Office of the Bailiff Service . Both the claimant and the debtor may complain about the bailiff . Moreover, both individuals and legal entities can apply. How to draw up a statement to the prosecutor’s office on bailiffs if they do not fulfill their duties or perform them improperly?

As the recipient of the application, you must specify the city or regional prosecutor. The complaint is written in free form, but it indicates the maximum information. The statement must refer to laws that give the right to consider the work of the bailiffs unsatisfactory. The prosecutor's office considers such claims as inaction of employees. Therefore, it is necessary to describe in detail the cooperation with the department, to retell telephone conversations with its employees.

If there was a complaint to the Bailiffs Service and no response was received (the applicant must receive it within three months), then this must be noted when compiling a statement to the bailiffs with the prosecutor's office.

The document is considered within ten days from the date of receipt. It may be deemed reasonable (in whole or in part). Otherwise, the actions (inaction) of the bailiff are recognized as lawful, and the complaint is not satisfied.

Fraud Statement

Fraud is a type of criminal offense. In order to compensate for the material damage caused, the victim must file a fraud application with the prosecutor. According to the law, an appeal should be made to the police department regarding the detection of fraud against citizens. But practice shows that the result of the disclosure of such crimes remains low, and this is due to the fact that law enforcement agencies often drag out time, which is very valuable in this case.

The appeal is submitted to the prosecutor's office, which is located at the place where the crime occurred. If the incident happened in another city, for example, then the application can be sent there by registered mail, be sure to notify and enclose an inventory of all accompanying documents.

Some features of a fraud statement

The applicant must bear in mind that criminal liability is provided for false denunciation.

It is necessary to describe in detail what happened, be sure to indicate the person who committed the fraud, and set out a request to institute criminal proceedings against him. You can refer to regulations that confirm the right to complain. The style of writing the statement must be strictly official, the wording is verified. It is in such documents that applicants often have unnecessary emotional outbursts that may interfere with understanding the essence of the complaint itself or even distort its meaning. An illiterate statement may not be considered at all or may not receive the necessary prosecutorial response. In addition, it may be returned for lack of information. Reasonable claims must also be made.

Evidence, if any, is attached to the application. It can be documents or photos. The amount of damage caused is indicated. As usual, a statement to the prosecutor's office is signed with a transcript, a date is set.

According to the statement, the prosecutor’s office checks all available facts within ten calendar days. It is during this period that the question of whether the applicant will be refused or whether a criminal case will be opened on the fraudster is decided. In the first case, the prosecutor is obliged to send a written order. Such a decision can be challenged by a higher prosecutor. In this case, another statement is drawn up with an appendix to it of a copy of the rejection order received.

Having been denied by the prosecutor, you can file a lawsuit in court. It is worth noting that the lawsuit is not filed with the prosecutor. A lawsuit (civil or criminal) is filed exclusively with the judiciary.