A complaint is a way to combat the violation of the rights of citizens and organizations that they face. They complain about officials and actions of persons who do not have authority. Hence the significant difference between the various statements.
Legislative regulation
In the Russian Federation, a complaint means a wide range of applications from citizens and various organizations. They are sent to administrative bodies, the police, the prosecutor's office, and the courts. Because of this, the rules for writing paper are significantly different.
To do everything right, you should pay attention to a number of regulations, these are:
- Law on citizens' appeals.
- GPC.
- CAS.
- Agribusiness.
- CPC.
- Law on the prosecutor.
- Regulations, instructions, decrees, acts adopted by other bodies.
In addition, the practice of adopting administrative regulations has been established. They combine the provisions of various acts, contain sample documents and describe the procedure for officials.
All of these regulatory acts are, in fact, the basis that provides guidelines for the proper preparation of documents.
General spelling
A complaint is an official paper and should look appropriate. The text is written on album sheets. When compiling, they actively use computers. However, the law does not limit applicants' right to use a pen. The color of the paste also does not matter.
It is undesirable to allow corrections and strikethroughs, but the official does not have the right to refuse to consider the application for this reason. It is another matter if it is impossible to make out what is written. It is equally important to observe the rules of spelling and punctuation so that the text does not lose the meaning embedded by the author.
A complaint not considered due to the impossibility of reading can be sent again. With the court, everything is different. The definition indicates what is wrong with the application, gives time to correct the deficiencies. Wrongly submitted corrections will lead to the return of materials to the sender.
The author should approach the amount of information carefully. Excessive information or understatement makes the document meaningless. We must not forget that a complaint is a means to convey to the authorities your vision of a problem and how to solve it. Outlining facts and references to the law are a significant part of success. At the same time, do not saturate the text with emotions.
How to arrange
A complaint is a document consisting of the following items:
- destination;
- sender;
- interested parties (more often indicated in court documents);
- statement of circumstances, facts, evidence of violation of the applicant's rights;
- references to legislation (title, numbers, clauses of laws or regulations related to the problem);
- requirements (bring to justice, eliminate violations, take specific actions);
Requests are formulated taking into account the authority of officials. Final requirements should not be mutually exclusive.
For example, a policeman does not interfere with the actions of housing authorities, and vice versa. The applicant is explained where to go in his case.
The author of the complaint is signed under the text. Documents from the contents of which it is not possible to find out who the author is are considered anonymous and are not considered. The filing date is set.
If additional documents are attached, a list of them is set out below the text.
Filing a complaint through a representative requires him to present a power of attorney and attach a copy of it.
How to send papers to an addressee
There are three ways:
- by mail
- personally;
- through a representative.
In practice, there is a transfer of documents through a courier or courier, but this is not permitted everywhere.
Letters through the mail should preferably be sent with a notification. This is the name of the card returned to the sender. She confirms receipt by the addressee of the letter. The receiving person puts his signature.
An enclosed listing seems to be a more reliable option, but it’s better not to. A notification is sent to the addressee from the nearest post office, the letter itself remains in the mail until it arrives. Often no one picks up letters, and they are returned to the sender. It doesn’t matter if it’s a complaint against a court ruling or any other paper.
Postage with a notification is directly delivered to the addressing organization.
A personal transfer is organized in the office according to the schedule. If a personal reception is conducted, often the application is transmitted directly to the official. On the copy, the recipient puts his signature and date confirming the acceptance of the application.
The representative acts by proxy. It is issued either at the place of residence in the management company, or by a notary public.
Electronic complaints
In recent years, it has been possible to file a complaint over the Internet. True, in some cases a digital signature is required to confirm the authenticity of electronic applications. For example, claims are filed over the Internet.
Materials are sent to the head of state’s website without additional requirements, in a similar way the case was organized on the website of the Ministry of Internal Affairs, the Federal Social Security Service, the prosecutor’s office and some other services.
Features of appeals to the prosecutor
If applications from citizens are of a general nature, the Law “On Appeals of Citizens” applies to them.
The prosecutor's office is engaged in checking the decisions of officials, it does not replace other bodies. If no one has dealt with the problem yet, the documents are transferred by affiliation. What directly the prosecutors report at the reception.
Within the framework of a criminal case, it is allowed to file a complaint either to the prosecutor, or to the head of the investigation department or the inquiry body of choice. The procedure, requirements for complaint are provided for in the CPC. Bypassing the above instances, the applicant has the right to apply to the court directly.
How to contact the police, UK and FSB
Police accept complaints in the form of routine allegations of crime. The first category concerns administrative offenses. Allegations of crimes are recorded in a special journal. The author is warned of responsibility for false denunciation, which he writes in a statement with his own hand. A coupon is issued to accept the application. When he is admitted to the police, he, by the way, is handwritten on a form, so the police protect themselves from allegations of fraud.
It is not forbidden to send a complaint or application either by mail or through a representative, if it is not possible to appear in person.
It is advisable to report the crime to the authority that will investigate it. If the information about the crime falls to the wrong address, the materials are transferred for verification to the proper person.
A complaint against the decision of the inspector of the traffic police or another service is also filed in the system of bodies of the Ministry of Internal Affairs.
The actions of the committee and security officials to receive complaints are identical to the police actions. These issues are regulated by one law, departmental acts may differ. The difference between them is not significant.
Features of appeals to the court
Judges, unlike administrative bodies, police and prosecutors, work solely on the basis of statements. They are drawn up in the form of complaints, lawsuits, representations (the so-called complaints filed by prosecutors).
Registration depends on the form of production (criminal, civil, administrative, arbitration, materials on the Code of Administrative Offenses).
Next, you need to find out whether to appeal to a world, district or arbitration court. Otherwise, an error will lead to a missed deadline.
The time allotted to file a complaint varies from a few days to years.
Procedural codes contain clear requirements for the content of applications. In the criminal process, a complaint is filed in court in one copy, without the inclusion of documents. Of course, it is better to attach them. This will benefit both the court and the applicant.
Features of going to court in civil and administrative cases:
- the number of copies of the complaint and the attached documents according to the number of parties;
- statement of circumstances;
- violation of the law;
- payment of state duty (the amount is provided for by the Tax Code).
The latter is not paid when filing complaints on administrative materials (CAO) and criminal cases. Benefits are provided to applicants in certain categories of civil and administrative cases.
How much the complaint to the court is more effective is determined by the specific situation. Moreover, in the Russian Federation the decision of the first instance is appealed through a series of higher levels of the system.
Legal assistance
It consists in a number of points:
- selection of acts to be followed;
- facts of relevance;
- evidence that a person already has and which must be claimed.
The lawyer can explain how to write a complaint, or do it instead of the person applying.
A mixed approach is common - people try to do everything themselves, resorting to consultations, where you cannot do without it. Moreover, the Internet offers a wide selection of resources on which lawyers offer their help in clarifying laws for free.
How to write a complaint is explained on the websites of state organizations, in particular courts. It is directly suggested that you download complaint and application forms. It’s easier for both citizens and officials.
In general, writing a statement about a violation of one’s rights is not difficult; there is plenty of information. If you can’t figure it out, you can turn to specialists.