Each city is divided into sections and there are precinct inspectors called upon to ensure law and order in the territory entrusted to them. The district police officer must promptly respond to signals from ordinary people. If the local police officer does not respond to the application, the citizen can file a complaint and call the law enforcement officer to perform his duties.
You can find out how to find a district police officer from any lawyer. You can also find out where to complain about the local police officer. Knowledge of regulatory rules will allow a person to resolve the issue with the inspector and save his own time.
When will a complaint about the inaction of police officers help?
Violations of the law are not only facts of illegal actions, but also inaction to certain signals. Since the lack of response from the inspector is a violation of his job description and the law, citizens can file a complaint in court about the inaction of the police. Grounds for initiating proceedings:
- failure to comply with the requirements and standards for filling out forms and documentation;
- abuse of power in cases of detaining a person without evidence and lack of appropriate grounds;
- extortion of money for certain services or for concealing offenses;
- ignoring signals from citizens regarding identified offenses and others;
- other reasons for drawing up.
Where to file a complaint against the police?
A complaint about the inaction of police officers is submitted to a higher police chief, to a court or to the prosecutor's office. You can select one authority or send the document to all at once. Appealing to two authorities at once can significantly reduce the time spent on the trial process.
A preliminary appeal against police inaction can be made at the headquarters to which the department is subordinate. Within a month, the appeal is considered and action is taken on it.
USEFUL: watch a video with tips on filing a complaint
How to file a complaint against the police?
There are no clear requirements on how to correctly write a complaint about the inaction of a local police officer or other police officer. The main criterion is to fill in the applicant's own data, since anonymous documents are not considered.
The document must also contain the following information:
- detailed description of the situation,
- the applicant's requirements,
- name of the authority,
- address, telephone number of the person who initiates the check,
- norms of law that you think the police officer violated (this recommendation is not mandatory),
- If a complaint is filed with the prosecutor's office about the inaction of the police, then it is required to indicate the address of this organization at the location of the station. Documents confirming the fact of violations must be attached to the application.
Methods for submitting an appeal:
- Personal submission . Contacting the recipient of the complaint directly with a request to register it in the incoming correspondence log and assigning a number.
- Electronic submission . Currently, each official website of regulatory authorities has a submission form, which can be conveniently used without leaving home.
- Russian Post or courier service . This method is chosen by those who do not trust filing via the Internet, and also do not have time to travel to the recipient of the complaint.
Sample
Remember that the complaint must be drafted correctly. The higher up the hierarchy of organs you climb, the more formal it should be. It must not contain false information, or use street slang, jargon or obscenities. It is also not worth threatening a police officer or law enforcement agency - this will give you a reason to harm you legally.
The complaint consists of several parts:
- Address – where and from where it is being submitted (don’t forget about your contacts so that you can receive an answer);
- The problem is what happened, what made you write a complaint (as specifically as possible, indicating the full name and position of the offending police officer);
- Demand - what do you want to happen next with the police officer or your problem;
- Conclusion – list of documents, signature, evidence, date.
Sample complaint against the police.doc
Sample complaint about inaction of police officers
Prosecutor of Yekaterinburg
From a lawyer
Complaint about police inaction
in accordance with Art. Code of Criminal Procedure
for a decision to refuse to initiate criminal proceedings
District Commissioner of OP No. 7 Regional Ministry of Internal Affairs of Russia for the city of Yekaterinburg Art. Police Lieutenant V.V. a decision was made to refuse to initiate a criminal case based on the inspection material. This complaint about police inaction contains grounds for overturning the premature decision.
ATTENTION: Our criminal lawyer will help you defend against unlawful actions or inactions on the part of law enforcement agencies; there is now a complaint promotion, which has an advantageous offer and should not be ignored (more details at the link). A criminal lawyer always uses complaints in his arsenal of defenses in a criminal case, since only with their help can regulatory authorities learn about violations of the rights and freedoms of the suspect, accused or victim in the case. Petitions from a lawyer in criminal cases can be aimed both at suppressing the actions of the investigator and at raising the issue of the need to carry out additional investigative actions.
The decision to refuse to initiate criminal proceedings is illegal and unfounded. In this regard, I think it is necessary to check it for legality in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation, analyze the present complaint about the inaction of the police.
I believe that the act of A.V. in relation to my principal V.V. contains all the elements of a crime. Since A.V. claims that he has acquired ownership of residential premises - an apartment and rents it out to other citizens. He does not have documentary evidence of the transfer of ownership as required by law. He refers in his oral submissions to handwritten receipts, the existence of which has not been established. I believe that this is an unfounded justification, since the fact of their existence has not been established, and a handwriting examination has not been carried out to determine the fact that they were compiled in his own hand by the son of my client A.V.
Citizen A.V. doesn’t let V.V. in his home, which is legally registered in Rossreestr, where a certificate of registration of ownership of the specified apartment was issued.
This complaint about police inaction is filed in defense of rights. Currently, there is complete inaction on the part of the executive authorities to protect the constitutional right of my client.
The initiation of a criminal case was refused based on the words of citizen E.A., who indicated that she had been renting an apartment for 10 years, and citizen A.V., who indicated that he had receipts from A.V. about the transfer of funds for the apartment.
IMPORTANT: Our lawyer is ready to represent and defend your interests - protecting the victim is the direction of his legal activity. A complaint to the prosecutor is only one of the stages in building the protection of your rights.
We believe that a complaint about the inaction of the police will help to understand the truth of the case. The grounds for canceling the appealed decision to refuse to initiate a criminal case based on the inspection material from the year are:
- the inspection by the local commissioner of OP No. Regional Department of the Ministry of Internal Affairs for the city of Yekaterinburg was carried out superficially, since the documentary evidence of the words of the indicated persons was not taken into account. Citizen E.A. In general, she was brought to administrative responsibility under Art. Code of Administrative Offenses of the Russian Federation and does not have a rental agreement for residential premises confirming the fact of renting residential premises. In addition to this, citizen E.A. on the basis of current legislation, an obligation arises to register at the place of residence within 30 days from the moment of being on the territory of a subject that is not the citizen’s place of residence.
- Citizen A.V. has handwritten receipts from A.V. about transferring money to him for the apartment. Not a single mandatory condition for acquiring ownership of real estate by A.V. was not observed, therefore, he cannot have the powers of the owner, namely possession, use, disposal of the specified apartment. Moreover, district commissioner V.V. The very fact of the existence of these receipts is not clear, which indicates the superficiality of the check on his part.
- Also, the district commissioner, during the inspection and visit to the address, did not establish the number and composition of those currently living in the specified apartment and the basis for the right of residence of these unidentified persons.
- During the inspection, the district commissioner was satisfied only with an oral questioning of citizen E.A. and citizen A.V. I believe that, at a minimum, it was necessary to obtain written explanations from the above persons.
- Upon receiving an application from V.V. explanations and documents confirming ownership of the previously indicated apartment were not taken into account, namely the certificate of registration of ownership of the apartment.
- Based on the veracity of A.V.’s testimony. and the authenticity of the receipts received from A.V. I think it is necessary to conduct a handwriting examination. I believe that the receipts received, if any, were not written in A.V.’s own handwriting, but the circumstances of the entry into A.V.’s apartment. illegal and unlawful.
Based on the above, I believe that the decision to refuse to initiate a criminal case is unfounded, illegal, unmotivated, and absolutely far-fetched.
Based on the above and guided by the law, I believe that the complaint about the inaction of the police should be satisfied.
ASK:
- cancel the decision to refuse to initiate a criminal case and initiate a criminal case against A.V.
- oblige to interrogate persons brought to criminal liability and persons who illegally reside in the specified apartment.
- request and conduct a handwriting examination to determine the consistency of A.V.’s handwriting. and handwriting on receipts.
Date, signature
Complaining about unlawful actions of police officers
Thus, in accordance with Article 53 of the Federal Law “On Police”, actions (inaction) of a police officer that violate the rights and legitimate interests of a citizen, state and municipal body, public association, religious and other organization can be appealed to a higher body or to a higher official, to the prosecutor's office of the Russian Federation or to the court.
A complaint is understood as a citizen’s appeal in written or oral form regarding the violation of his rights and freedoms by actions or decisions of state authorities, local government, enterprises, institutions, public associations and their officials.
The question of the procedure for appealing illegal, in the opinion of a citizen, actions of a police officer is decided by the citizen himself. This rule also applies to enterprises, institutions, organizations and officials.
The procedure for processing complaints is determined by Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”[44].
According to the general rules of administrative proceedings on complaints, a complaint is submitted to the executive authority responsible for resolving this issue, or to a higher authority in relation to the body whose actions are being appealed. In some cases, a complaint is filed by command, that is, through the superior of the person filing the complaint, who must transfer it to the appropriate authority. If a complaint was received by a government body that is not competent to resolve it, then this body is obliged to forward it to the competent body within 7 days and notify the citizen.
Applications and complaints are considered within a period of up to one month from the date of registration with a state, public body, enterprise, institution, or organization. In exceptional cases, the head of a state body or local government body, an official or an authorized person has the right to extend the period for consideration of an appeal by no more than 30 days, notifying the citizen who sent the appeal about the extension of the period for consideration.
The response to a complaint or other appeal must be motivated. If the complaint is rejected, the applicant must be explained the procedure for appealing and going to court.
This is important to know: Statement to the police about theft of property: sample 2021
It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed.
Expert opinion
Grigoriev Egor Kirillovich
Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.
When a complaint is brought to court, it is submitted, at the discretion of the citizen, either to the court at the place of his residence, or to the court at the location of the internal affairs body.
The following deadlines are established for filing a complaint with the court:
· three months from the day the citizen became aware of the violation of his rights and freedoms;
· one month from the date the citizen receives notification of the refusal of a higher-ranking police authority to satisfy the complaint or from the date of expiration of a month after filing the complaint, if the citizen has not received a response to it.
Art. 23 of the Federal Law establishes that a police officer is responsible for his actions (inaction) and for the orders and instructions given, regardless of the position he fills.
The responsibility of a police officer is expressed in the application to him in the prescribed manner of penalties (sanctions) provided for by law. The basis of liability is the commission of an offense.
All offenses committed by police officers can be divided into two large groups: those committed outside of duty and those committed in connection with official activities. For offenses committed outside of duty, police officers are held accountable on the same basis as other citizens. In this case, they are subject to all types of legal liability in full, with the exception of administrative liability.
