Application to the prosecutor: sample, procedure for filling and filing

The main function of the prosecutor's office includes monitoring compliance with applicable law. This function is conditionally divided into two areas: supervision of the implementation of laws at local and federal levels, as well as monitoring compliance with human rights and freedoms. In turn, any citizen of the country can apply to this department with a request for the protection of his rights. The list of reasons for filing complaints is almost unlimited.

Who has the right to appeal

The following persons are entitled to file an application with the prosecutor (sample is given below):

• citizens of the country;
• group of citizens;
• stateless persons;
• Foreigners;
• legal entities and individual entrepreneurs;
• public organizations;
• representatives of state and municipal authorities.

The latter category includes such specific appeals as a deputy or parliamentary request.

The most common reasons for accessing

Today, there are violations in the field of housing and communal services, as well as in the field of labor relations. Statements to the prosecutor (a sample is given below) in the housing and utilities sector concern overstated tariffs, incorrect calculation or recalculation of payments. Employees complain about employers because of non-payment of wages, often ask for checks regarding compliance with labor standards or safety regulations.

The next common category is complaints about fraudulent activities with bank cards, in retail chains and on the Internet.

Regarding the violation of rights by bailiffs, there are many complaints regarding their inaction and on the illegality of collecting debt obligations.

General spelling

How to write a statement to the prosecutor: sample and writing rules. None of the current regulatory acts provides for a unified form of such a document. Only in the Instructions of the Prosecutor's Office regarding the procedure for considering applications from 2013 (No. 45) do the general requirements for writing the text of the application be spelled out.

When applying, you should adhere to the following structure of the document:

• "Hat". This part of the document must contain the details of the recipient, that is, the name of the prosecutor's office and the address, other data of the person who sends the appeal. It is mandatory to observe the territorial sign, that is, contact the prosecutor’s office in the territory of which the violation of rights and freedoms occurs. It is recommended to indicate contact details in the same block so that the official can contact the applicant if necessary.
• The title of the document.
• Main part. This block is very important: this is where the essence of the appeal should be written, when and how the rights were violated. It is not necessary to describe everything that happened up to a second, but it should be stated in detail and clearly, so that in the future there is no need to give additional explanations.
• Requirements. This is the final part, where the applicant must indicate what he wants to get in the end, what requirements he puts forward to the person who violated his rights. Ideally, the text should contain references to regulations confirming the violation of rights.
• Enumeration of applications. Here you should list all the documents that are attached to the application. This can be testimony, photographs or even audio recordings. It should be remembered that the prosecutor's office will not consider the submitted photos or videos without a statement.

At the very end of the document, the date of preparation is indicated, a signature is placed and its decoding.

Sample application to the city prosecutor:

To the prosecutor ... of the district

Cities ...

FULL NAME

(from) completely

Registration address ...

Contact details ...

Statement

To begin with, the essence of the question is set out how, in the applicant’s opinion, his legal rights were violated, which are significant shortcomings in the work of a particular official or employer.

The following indicates the request, what measures should be taken to the official to whom the statement is drawn up or a request for assistance in the implementation of constitutional rights. The application may contain a request for a prosecutor’s audit.

Applications All evidence that will accompany the statement is listed here.

Date, signature, full name

Fraudulent activities

A lot of questions arise, how to make a statement addressed to the prosecutor (a sample is given below) if fraudulent acts have been committed against a person. Today, there are many schemes for the illegal and fraudulent seizure of someone else's property, but even if it was not possible to independently classify the type of violation of rights, the appeal may not contain a link to a specific article of the Criminal Code.

In general, such statements are made in accordance with general rules.

How to write an appeal

Sample Fraud Prosecutor Statement:

To the prosecutor ... of the district

Cities ...

FULL NAME.

(from) completely

Registration address ...

Contact details ...

Statement

I ask you to prosecute under article 159 of the Criminal Code of the citizen ... Name, surname, place of residence of which ...

It is further indicated (or a time period may be indicated); actions committed by a citizen; his name ; a description of the circumstances. It is further noted that in fact such actions can be regarded as an offense punishable by article 159 of the Criminal Code, that is, "this citizen stole property that I own as property, which is confirmed ..." (the details of the document are indicated).

"Based on the foregoing, I ask you to bring a citizen ... full name to criminal liability under Article 159 of the Criminal Code of the Russian Federation."

Applications ...

Date, signature, full name

The order of treatment

The application to the prosecutor (see the text for a sample) can be submitted personally by the applicant through the office of the department or at a reception by an official. The appeal can be sent by mail or sent via the Internet (on the website of the State Service or through the Internet reception of the territorial divisions of the prosecutor's office).

What can you count on?

According to the application, several solutions can be made:

• "Satisfied." This is the most anticipated option, that is, the applicant's requirements will be fully satisfied.
• “Satisfied after repeated appeal.” Such a decision is made on applications that were not satisfied, but appealed. As a result, after a second review of the requirements, they are fully satisfied.
• “Rejected”, that is, a decision is made on the unreasonableness of the requirements put forward.
• “Clarified”, that is, the applicant is only clarified with legal issues.
• “A different decision has been made.” With such a verdict, the application can be returned either attached to the materials of the supervisory case, or the correspondence is completely terminated.
• “Directed”, that is, the appeal is redirected to another state body for consideration.

The timing

The fact that the application to the prosecutor (sample is given below) is accepted for consideration, the applicant is notified within 7 days after receipt.

If the appeal has begun verification, then the applicant is also notified about this stage within 15 days. In general, the review period may not exceed 30 days. Exceptions are only in extreme cases, if the described circumstances require additional consideration. Only then can the period be extended for another 30 days.

In court with the prosecutor

According to the requirements of CAS, the administrative statement of claim of the prosecutor (a sample is given below) is filed in the following cases:

• if it is required to carry out the restoration of suffrage;
• recognize a certain person as legally incompetent;
• restrict or deny parental rights;
• appeal of decisions of local authorities;
• carry out forced hospitalization;
• recognize the legal capacity of a minor;
• restore parental rights or cancel the adoption decision.

If the dispute concerns civil matters, that is, labor, family, housing, then a lawsuit is drawn up. This rule also applies to cases of special proceedings prescribed in chapters 26-33 of the Code of Civil Procedure, including situations where it is necessary to recognize a person as legally incompetent or with limited legal capacity.

In applications and lawsuits filed by the prosecutor as a representative and advocate of the interests and rights of a particular citizen, the latter acts as an interested person.

It should be remembered that the prosecutor, even if the plaintiff refuses claims in court, has the right to independently support the claims. In turn, the person in whose interests the public prosecutor acts has the right to demand consideration of the case on the merits in court if he is not satisfied with the decision that was made at the request of the public prosecutor.

If during the trial, the person in whose interests the prosecutor acts renounced his claims, the latter has the right to further maintain this position in court, especially if the refusal violates the rights of third parties.

Sample application of the prosecutor to the court:

To court …

The prosecutor ...

Defendant ...

The adopted child ...

Guardianship authority ...

Application for cancellation of adoption

First, indicate the date. After this, we note that the court ... adopted a decision on adoption ... the data of the child, year of birth ... by the defendant ...

To date, the following reasons have arisen for canceling the decision on the adoption of a child, namely ...

Based on the foregoing and guided by Article. 47, Art. 275 Code of Civil Procedure of the Russian Federation and Art. Art. 141-143 SK of the Russian Federation

I beg:

1. Cancel the adoption of the child ... by the adoptive parent ...
2. Restore the initial information, full name, place and date of birth of the adopted child, information about his parents in the records of birth acts details of the documents.
3. Hand over the child ... to the plaintiff ...

Applications

Date of compilation, signature and full name

Sample statement of claim by the prosecutor

Statement of claim

About deprivation of parental rights

For a long time, the defendant fulfills his parental rights improperly. She is not at all worried about the mental, moral and physical education and development of the child.

All the facts stated are expressed in the fact that the defendant is not at all interested in the child’s academic performance, does not allow him to attend clubs and sports sections, does not communicate with him and is not interested in his life.

Based on the foregoing and guided by Article. 69 SK RF, Articles 131-132 Code of Civil Procedure of the Russian Federation.

I beg:

1. Deprive the defendant of parental rights;
2. Transfer the child to the mother (another relative) living at ...

Applications

Date, signature, full name

Conclusion

In general, when drawing up an application to the prosecutor of the Russian Federation (the sample is given in the text), no problems should arise. The main thing is that the document does not contain errors, obscene expressions and slander. When writing an application, you should adhere to the general rules of business correspondence. If an application makes a decision that does not satisfy the applicant, then he has the right to appeal to the court for the protection of his rights.