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Published: 11/05/2018

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Most often, citizens’ visit to Rosreestr is associated with the need to register real estate or obtain information from the Unified State Register of Real Estate (USRN). Since this executive body also performs some other functions, citizens’ appeals may also be related to other issues.

• Where can I file a complaint to a superior person in Rosreestr?
• Written appeal to the prosecutor's office
• Filing a claim in court

Customer dissatisfaction can be caused both by the actions of Rosreestr employees and by their inaction in certain cases. Thus, the grounds for filing a complaint may be (Article 11.1 of the Law of July 27, 2010 No. 210-FZ):

• violation of the deadlines established by the regulations for receiving and considering citizens’ requests for public services;
• requiring employees to provide documents to receive services that are not provided for by regulations;
• unlawful refusal to provide services to citizens when they fulfill all legal requirements;
• requirement of Rosreestr employees to pay for services that are provided free of charge;
• issuing documents to citizens with errors and omissions made by officials of the organization, and refusing to correct them;
• inaction of employees when receiving information from citizens about violations of the law;
• other violations contrary to law.

Every citizen who believes that his rights were violated when contacting Rosreestr has the right to complain about the actions or inaction of responsible employees of the body in order to resolve the issue pre-trial (Article 5 No. 210-FZ).

When filing an appeal, the applicant must take into account a certain procedure and legal requirements for the procedure.

Letter of the law

The main legal acts regulating the activities of Rosreestr and its representatives are the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ and the Federal Law “On Cadastral Activities” dated July 24, 2007 No. 221-FZ.

The scope of authority of the body primarily includes such situations that are associated with the provision of proprietary rights to real estate (rights of ownership, use, economic management or operational management). It is worth remembering that they are not involved in correcting shortcomings and errors in regulations on land allotment, because This is the competence of the city or district municipality. But if the owner is faced with an unreasonable refusal to formalize (register) real estate, finds unreliable data in the Unified State Register of Real Estate, or discovers that the cadastral value was determined incorrectly, then in this case it is necessary to file a claim with Rosreestr.

The responsibilities of the employees of this body are spelled out in Resolution No. 457 of 06/01/2009 “On the Federal Service for State Registration, Cadastre and Cartography”, therefore you can not only rely on the provisions of this document, but also refer to them in your complaints.

Claim against the arbitration manager

Arbitration managers must ensure that the interests of creditors are respected. In case of inaction or actions that impede the process or lead to negative results, it is worth filing a complaint with Rosreestr against the arbitration manager.

You can write a complaint in the following situations:

1. If the manager was engaged in attracting unqualified personnel in the form of appraisers who do not have a sufficient level of competence.
2. The safety of the property was not adequately ensured.
3. The deadline for notifying employees of the organization about dismissal was violated.
4. An inventory was not carried out, and the bankrupt’s property was accepted in violation of the law.
5. Errors were made during the analysis of the financial condition.
6. Refusal to search for the debtor's property.

In all of the situations listed above, you can file a complaint with Rosreestr against the financial (bankruptcy) manager. If, due to illegal actions, one of the creditors received an advantage without taking into account the queue or the acceptable deadlines were missed, the manager will have to prove the absence of facts of abuse of official position.

A sample complaint against an arbitration (bankruptcy) manager looks like this:

Reference! A preliminary claim against the manager can be submitted to a self-regulatory organization (SRO). Organizations that control the professional activities of their own members have leverage over them. If management leaves the complaint without an appropriate response, it is worth filing a complaint against the SRO with Rosreestr.

Official website of Rosreestr

Firstly, you should apply directly to the leadership of Rosreestr, because the incident may well be resolved at the local level, which means that the citizen will be able to save both time and nerves. There are 3 options for filing a complaint - using the Internet reception, by mail or through a personal meeting with an authorized employee.

Internet reception

The electronic form is located on the page rosreestr.ru/wps/portal/p/cc_ib_support/cc_ib_complaint. Here you must specify:

1. The name of the management in a specific subject. The facility is selected based on the location where the incident occurred.
2. Name of the structural unit (department of organization and control, geodesy and cartography, etc.) and full name of the official whose actions are subject to appeal.
3. Applicant details (full name, postal code and address, telephone, e-mail).
4. What served as the basis for writing a complaint (you can select 1 of the proposed points or o, if the desired option was not found).
5. What is the conflict (text description).

At the end, there is a function for attaching accompanying materials to the application confirming the veracity of the information presented.

In addition to this form, there is another form on the site, intended for more general requests - rosreestr.ru/wps/portal/p/cc_ib_support/cc_ib_references_citizens. However, through it, a Russian can also send his own complaint, and, if desired, ask a question that interests him. For example, if a person is fundamentally dissatisfied with the organization of the service (too long a wait, long queues, inappropriate service, etc.) or with the actions of the managers (specialists) of the territorial divisions of Rosreestr, then he is recommended to use this form. For each of the listed situations, there is a sub-item that can be selected in the “Subject” section when filling out the application. Otherwise, the procedure for filing a claim is standard.

Sending by mail

A complaint, written by hand in a traditional (paper) format, can be sent through the following communication channels of the Central Office:

• by letter to the postal address - Moscow, Chistoprudny Boulevard, 6/19, building 1, 101000;
• by letter by fax.

If you contact the Rosreestr office in Moscow:

• by letter to the postal address - Moscow, st. B. Tulskaya, 15, 115191;
• by letter by fax.

Here the citizen will need to indicate his full name and postal or email address (depending on how he wants to receive a response). Applications without this information will not be accepted for consideration. The person also has the right to attach to the letter copies of documents or materials that are important when considering the case.

Important fact! Claims submitted can be either individual or collective.

The appeal must be registered by the responsible employee no more than 3 days after its receipt, and also considered within 30 calendar days from the date of registration. In situations requiring more thorough checks, this period may be extended by up to 60 calendar days, but the applicant must receive special notice of the delay. A Russian will receive a similar notification if his claim is outside the scope of Rosreestr’s activities - then it will be forwarded to the competent authority within 7 days from the date of registration.

Personal transfer

The complaint can be submitted through the complaint reception window or into the hands of one of the officials of the Federal Service (the head, his deputies, etc.).

The main reception office operates under the Central Office of Rosreestr. You will definitely need to make an appointment here in advance by calling (ext. 2371). On the day of reception, the citizen will need to present an identity card (Russian passport), and in the case of representing someone else’s interests, a power of attorney for the right to express them on behalf of another individual or legal entity. Both the simple transfer of paper through the Reception window and the meeting with an authorized employee at the Central Office on the day of registration are carried out at the same address: Moscow, Chistoprudny Boulevard, 6/19, building 1. Work schedule: from Monday to Thursday from 9:30 to 12:00 and from 13:00 to 17:00, and Friday from 9:30 to 12:00 and from 13:00 to 16:00.

The website also contains addresses:

• capital reception - Moscow, st. B. Tulskaya, 15;
• reception office near Moscow - Moscow, st. Poklonnaya, 13, phone numbers for appointments.

However, the application does not have to be written. It is also possible to present the situation orally. The employee can respond to the citizen both in words and on paper (at the latter’s choice).

It is important! Experts still recommend bringing a written complaint to the reception desk, because the clerk will affix a registration stamp on its copy. Such a document can significantly help in further proceedings.

Schedules of receptions for the heads of the Central Office, as well as the Moscow and Moscow region divisions, are presented on the page rosreestr.ru/site/feedback/poryadok-rassmotreniya/ (scroll down). Here you can find all the necessary phone numbers.

Similar reception centers operate at the Rosreestr departments in each specific subject, so transferring complaints to such institutions should not cause problems. Questions are accepted via a single reference number (the call is free from anywhere in Russia) and via a helpline. You should turn to the last line for help if a person has encountered corruption and extortion in the structures of the Federal Authority and wants to complain about such an offense.

How to file a claim

The step-by-step algorithm for filing a complaint looks something like this:

1. Preparing a letter. It is recommended to submit a claim from an individual to avoid delays on the part of officials.
2. Development of the text of the appeal . Before you write a title, you need to specify the topic. The text size should not exceed two thousand characters. The application must be accompanied by the necessary documentation and materials confirming the fact of the violation.
3. You need to send the letter to the reception desk of Rosreestr: Moscow, Vorontsovo Pole street, building 4A, or through the online reception desk on the website rosreestr.ru.
4. After submitting the application, it is assigned a unique number. While waiting for a response, you can contact Rosreestr to obtain information about the current status of the complaint. A citizen has the right to file an application to terminate further consideration of his appeal.
5. The final stage is the response that comes by email.

If the filed complaint was not considered within the period prescribed by law or the citizen was refused, he has the right to appeal to the judicial authorities or the prosecutor's office.

To consider a case in court, you need to collect the following documentation:

• a receipt confirming the fact of payment of the state fee;
• written answers provided by Rosreestr specialists;
• title documents for the property;
• a claim form filled out taking into account all procedural requirements.

You can submit a claim to the prosecutor's office only after the registrar provides an official response. The most common reasons for complaints: violation of deadlines, unreasonableness of the decision, lack of response or solution to the problem.

Sample complaint to the prosecutor's office about the actions or inaction of the registrar:

Ministry of Economic Development of the Russian Federation

Rosreestr is subordinate to the Ministry of Economic Development of Russia, so if a citizen was unable to resolve the incident at the initial stage, his path lies precisely here.

as part of a pre-trial settlement, and the written application will be sent for consideration to the Deputy Minister of Economic Development of the Russian Federation and at the same time to the head of Rosreestr V.V. Abramchenko. The electronic form is located on the page do.gosuslugi.ru/orgs/rre. To fill it out, you will need authorization in the Unified Identification and Authentication System (USIA).

If this method does not satisfy the person, he can contact the Ministry using the following communication channels:

• postal address – Moscow, A-47, st. 1 Tverskaya-Yamskaya, 1.3, GSP-3, 125993 (for paper letters);
• fax – (for paper letters);
• correspondence box - located on the Central building in Moscow, st. 1 Tverskaya-Yamskaya, 1.3.
• Email -;
• personal reception with an official of the department - contacts and reception schedules are indicated on the page economy.gov.ru/minec/references/areapriemgragdan (here you can transfer the complaint from hand to hand);
• Help numbers for clarification of questions – 8.

The site also operates a public Internet reception (economy.gov.ru/minec/references/reception). This option should be chosen if the citizen does not intend to accompany the application with additional materials (otherwise, you need to use the above e-mail of the Ministry). The form is simple and easy to fill out.

Prosecutor's office

It is worth going to the prosecutor's office when all the previous steps have been completed, but have not brought the desired results. (How to complain to the Prosecutor's Office) By this point, a person should have accumulated materials confirming the inaction of the responsible authorities (responses from managers, explanations, copies of the claims themselves, etc.). It will be better if the initial reason for the application turns out to be quite compelling and violates the civil rights of the Russian. This, for example, is the disclosure of his personal data to third parties, illegal manipulation of documents, involvement in fraudulent schemes, fraud with property without the knowledge of the owner, etc.

On the Internet reception page (ipriem.genproc.gov.ru/contacts/ipriem/) it is possible to submit a complaint both to the territorial division of the authority in your subject and to the Prosecutor General's Office of the Russian Federation. If the victim wants to understand the case as quickly as possible, he is recommended to choose the first option.

But a claim to the Prosecutor General’s Office can be sent by registered mail to the address Moscow, Bolshaya Dmitrovka St., 15a, GSP-3, 25993, or you can come in person to the address Moscow, Blagoveshchensky lane, 10. Help desk phone number for questions or Pre-registration (mandatory) –. Reception of the population is carried out from Monday to Thursday from 9:00 to 18:00 and on Friday from 9:00 to 16:45. Lunch – from 13:00 to 13:45.

Contact information for a specific prosecutor's office can be found on the page genproc.gov.ru/contacts/map/?DISTR=&SUBJ, and then submit your complaint here. Here you will need to follow clear paperwork regulations, namely indicate:

• full name of the organ;
• Full name and position of the person to whom the claim is sent for consideration;
• your full name, address and telephone number;
• the essence of the incident (what, where, when and how it happened);
• list of requirements;
• links to regulations;
• list of attached materials;

At the end there is a date and signature.

Court

In the event that the problem cannot be resolved pre-trial, all that remains is to transfer the case to litigation. (How to file a complaint with the court) If a person expresses his interests as an individual, he needs to apply to the district court at the location of the department whose actions are subject to appeal. If he acts on behalf of an individual entrepreneur or legal entity, then his path lies in the arbitration court of the relevant entity.

In order for the filed claim to be accepted by the clerk, the document will need to be drawn up according to the principle of 3 parts (introductory, descriptive and demanding) and include in it:

• name of the court;
• comprehensive information about both parties (both the plaintiff and the defendant);
• information about third parties related to the case;
• description of the conflict;
• listing which laws and rights were violated;
• requirements;
• list of accompanying materials;
• date and signature.

Consequences of failure to comply with the order

If the order is not fulfilled on time, the person will be held administratively liable and an administrative fine will be imposed. For officials, an alternative punishment is also provided in the form of disqualification for up to 3 years.

Part 25 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation provides for the following fines:

• for citizens from 10,000 rubles. up to 20,000 rubles;
• for officials from RUB 30,000. up to 50,000 rubles;
• for legal entities from 100,000 rub. up to 200,000 rub.

If a person agrees with the order, but for some reason does not meet the deadline for its execution, he should apply for an extension of the deadline for fulfilling the relevant order.

The legislative framework

The procedure for filing a complaint against the actions of Rosreestr employees is regulated by the following regulations:

1. Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ.
2. Federal Law “On Cadastral Activities” dated July 24, 2007 No. 221-FZ.
3. Resolution No. 457 of June 1, 2009 “On the Federal Service for State Registration, Cadastre and Cartography.”
4. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ
5. Federal Law “On the Prosecutor's Office of the Russian Federation” dated January 17, 1992 No. 2202-1.