The time for consideration of complaints in the prosecutor's office. Description of procedure and recommendations

The prosecutor's office often serves as the last instance in which citizens turn to achieve an equitable solution in disputed situations. Many, as a rule, try to settle conflicts peacefully at the level of local authorities, not leading the proceedings to higher structures.

Who can file a complaint or an application with the prosecutor's office?

All Russian citizens and foreigners residing or staying on the territory of the Russian Federation have the opportunity to apply to law enforcement agencies. But, unfortunately, very few people know about the timing of complaints in the prosecutor's office. What happens after a direct appeal to law enforcement officers and how long do citizens wait for an answer?

Representatives of the prosecutor's office have obligations to monitor and supervise the rule of law and respect for the rule of law. On how long the application should be considered in one or another case, one can find out in the legislative acts of the relevant branch of the procedural law and the Federal Law "On the procedure for considering appeals of citizens of the Russian Federation". The waiting period for a formal decision on treatment may vary depending on the specifics of the case, clarification of the circumstances on this issue and other factors.

What must be indicated in a written request?

A complaint to the prosecutor's office is given in writing or sent by e-mail. Before the application of the citizen reaches the competent official, his essence and form is studied preliminary by the employees of the prosecutor's office. In a written appeal, it is necessary to state its essence, sign a personal signature and put a date, and also indicate:

• Full name of the territorial prosecutor's office;
• Information about the applicant;
• Postal or e-mail address, on which the reply should be sent;
• contact number.

In order to confirm his own arguments, the applicant should attach to documentary circulation documentary sources, additional information or copies thereof. The answer to the complaint or application, including received in electronic form, is sent to the postal or electronic address in the time limits established for consideration of the complaint in the Prosecutor's Office of the Russian Federation.

What does the timing of applications depend on?

In accordance with the established requirements, a complaint or statement is submitted for consideration by the prosecutor's office. In what terms the decision will be rendered, in many respects depends on the following conditions:

• The need for subordinate investigation of the case by lower-level law enforcement agencies;
• Full or partial satisfaction of the interests of the applied citizen, restoration of his violated rights;
• The need to conduct explanatory work on the requirements specified in the complaint.

In addition, the appeal may be rejected if, as a result of a check by the law enforcement agencies, it turns out that the demands indicated in it were unreasonable. When refuting the facts of any violation of the appeal:

• Return to the applicant;
• Attach to previous materials received from the same person, and sent to the archive;
• Leave without consideration and permission;
• Are sent to subordinate structures.

General and shortened terms for acquaintance with the details of the case

The terms for considering complaints in the prosecutor's office are divided into two main categories: general and reduced. The "standard" waiting period for citizens is 30 calendar days. As a rule, the majority of such appeals do not need an urgent response, and therefore law enforcement agencies have enough time to make the necessary inquiries and get answers to them, verify the authenticity of the facts indicated in the appeal, and find out additional information that contributes to the successful resolution of the issue.

In some cases, the period for considering applications (applications, complaints) by the prosecutor's office is reduced to 15 days. On what grounds it is possible to receive the answer more quickly, it is said in the Federal Law "On the Procedure for Considering the Treatment of Citizens of the Russian Federation" of 02.05.2006:

• If the incoming application does not need additional verification;
• If representatives of the corps of human rights ombudsmen apply with a statement or complaint;
• If you want to respond to a parliamentary or deputy request.

Urgent consideration of a citizen's application

Appeals are immediately accepted for consideration, decisions on which are taken within three days. At the request of the prosecutor, the indicated periods for consideration by the prosecutor's office of complaints and applications can be extended, but not more than for a period of 10 days. Most often, this category includes complaints that arise in criminal procedure. If the deadline for considering a complaint in the prosecutor's office falls on a holiday or general day, the date of making a decision on it will be the nearest working day.

To a separate category of appeals can be attributed statements and complaints, taken under the special control of law enforcement and the Prosecutor General's Office in particular. FZ "On the procedure for considering the treatment of citizens" in this case is not applied, the terms are regulated individually.

Recommendations: how best to file a complaint with the prosecutor's office?

An appeal is considered to be accepted from the moment of registration of an incoming appeal in the corresponding accounting journal. The procedure for considering complaints by the prosecutor's office does not specify the option of filing a document. However, in practice, the best and most reliable way is to record a personal appointment with a competent official. In this case, the application will be registered on the same day. When sending a complaint by mail, the deadlines can be significantly delayed. In addition, when submitting an application to the prosecutor's office, it is worth considering several important recommendations:

• Law enforcers are obliged to notify the citizen who appealed and the delays and their causes arising in the process of consideration.
• The appeal can be made both in writing (by hand) and typed on the computer. The main thing is that the text should be legible, there were no grammatical and lexical errors.
• The prosecutor's office will not consider applications submitted anonymously or repeatedly, as well as those that have been subjected to repeated inspections.
• To clarify the result of considering the appeal or the need for an oral explanation of its essence, the applicant is entitled to make an appointment with the competent person.

Why is the timing of the prosecution case being violated?

As a rule, the decision-making process for its duration does not go beyond the established time limit for considering the complaint in the prosecutor's office. Whatever the outcome, the applicant must receive a response without fail. If the terms of the examination are delayed, or if the results of the verification are not reported, it is likely that the document was not adopted. In most cases, incorrectly processed appeals are returned to applicants within a week. In the consideration of the complaint, the prosecutor's office may be refused because of the need for clarification, in which case the law-enforcers send a response to the citizen with a request to supplement the appeal with facts, details of the information provided, etc.

Within seven days the applicant will receive a response letter from the prosecutor's office if:

• His appeal was considered a direct interference in the work of supervisory structures;
• A complaint or statement contains a threat to life of employees or third parties;
• In the text there is obscene lexicon, abusive insulting words.

What complaints will I not consider in the prosecutor's office?

The response of law enforcers will be supplemented by a warning about the impossibility and inadmissibility of such an appeal to the state supervision bodies. In some cases, an unfair addressee may be threatened with administrative liability. The timing of the consideration of citizens' complaints by the prosecutor's office is not taken into account in the illogical and meaningless content of the appeal. If the applicant does not agree with the decision made on his application, law enforcement officers will indicate to him the possibility of appealing the relevant decision to a higher or judicial instance.

If a directed application of a citizen is not within the competence of the supervisory authority, such an appeal is redirected for consideration in the appropriate structure. In a week's time, prosecutors are required to notify the applicant.

Features of filing an appeal to state inspection bodies

At the initial application of a citizen, the application is sent to a lower-level law enforcement body in the event that earlier verification on this issue was not conducted. If the information in the text about the commission of a criminal offense is addressed, the appeal is sent to the police department to begin criminal proceedings. Before you write a complaint to the prosecutor's office, you first need to clarify whether the proceedings on this matter will fall within the competence of the prosecutor, and therefore a rational decision will be to obtain a preliminary consultation with a lawyer. A specialist who is versed in the relevant legal field will not only give valuable advice on further actions, but will also direct the applicant to the terms of the prosecutor's examination of complaints and applications.

As already noted, the prosecutor's office does not leave the appeal of citizens without an answer. The exception is anonymous and other incorrect documents. After a comprehensive review of the case, the applicant is sent a response - a decision in the case, endorsed by the prosecutor. The consideration of the complaint is considered completed only if the law enforcers have eliminated all violations that were indicated in the appeal, or gave directions for their elimination.

How and when can I get acquainted with the prosecutor's decision?

When the prosecutor's submission is made, the applicant is explained where and in what terms he can get acquainted with the results of the execution of the prosecutor's decision. In a collective appeal, the reply letter is sent either to everyone whose signatures are present under the application, or to the person whose first name is indicated. This citizen is also responsible for notifying the other participants of the appeal about the results of the inspection.

The time for consideration of complaints in the prosecutor's office is from 3 to 30 days, but in the case of a petition of the prosecutor, it can be extended for a period of 10 to 30 days. But pay attention also to other time constraints. For example, the time limit for appealing decisions made by officials or the court in criminal proceedings, as a rule, does not exceed ten days. If the applicant complained to an inappropriate institution, then the receiving authority lays the obligation to send the appeal to the designated person, notifying the citizen about it within seven days and giving him the necessary explanations regarding the completion of subsequent legally competent steps.

Completion of consideration of complaint and official correspondence

According to the federal law, neither the complaint nor the application submitted to the state supervision bodies and issued in due form can not be left without attention. However, for the termination of correspondence between the applicant and the prosecution authorities, the following conditions must be met:

• All arguments, completeness of disclosure of the put questions are checked.
• The applicant must receive a reasoned opinion from the prosecutor's office within 7 days that further correspondence is inadvisable.
• After the completion of the correspondence, the receipt of new applications, which do not have additional arguments, do not serve as reasons for its renewal.