How to sue the prosecutor's office? Legal advice

Subordinate institutions

• Prosecutor's Office of the Central Administrative District
• Prosecutor's Office of the Northern Administrative District (NAD)
• Prosecutor's Office of the North-Eastern Administrative District (NEAD)
• Prosecutor's Office of the North-Western Administrative District (NWAD)
• Prosecutor's Office of the Eastern Administrative District (VAO)
• Prosecutor's Office of the Western Administrative District (JSC)
• Prosecutor's Office of the South-Western Administrative District (SWAD)
• Prosecutor's Office of the Southern Administrative District (SAD)
• Prosecutor's Office of the South-Eastern Administrative District (SEAD)

Reasons for contacting the prosecutor's office

The work of the prosecutor's office is regulated by Law of January 17, 1992 No. 2202-1. Among other things, the department initiates inspections of employers who commit unlawful acts against their employees.

An employee may file a complaint against the employer with the prosecutor's office in the following cases:

• The employer regularly fails to pay wages.
• The employee was denied employment without objective reasons.
• Labor safety standards are violated at the workplace (the employer does not provide PPE, special clothing, etc.).
• They do not pay for overtime or work on weekends and holidays.
• The employer persuades the employee to resign.

Not all reasons for filing a complaint are listed. An employee can contact the prosecutor's office when his labor rights are violated.

For your information! If the complaint to the prosecutor's office contains information about a violation of labor rights only, then the labor inspectorate will consider the appeal, but only on the proposal of the prosecutor.

Any written appeal to a state body or local government body is considered within 30 days from the date of registration. If a request for any data or additional documents is required, the consideration may be extended by 15-30 days.

Where to complain about the Moscow prosecutor's office

A complaint to the prosecutor's office is written if your rights are violated as a result of actions (inactions) of government bodies or an official.

You can contact any division of the prosecutor's office; if the issue is not within the competence of this division, the complaint will be redirected. However, if you are dissatisfied with the work of the prosecutor or have noted violations in his actions as an official, then you can appeal his actions (inaction) only by contacting a superior prosecutor, i.e. to the Moscow City Prosecutor's Office.

In what cases can you complain to the prosecutor's office?

Do you think that the prosecutor violated your rights and legitimate interests? Current legislation establishes that any actions (inaction) and decisions of the prosecutor can be appealed in the manner prescribed by law.

For example, this could be abuse of power or coercion to give a bribe.

Samples of complaints to the Moscow prosecutor's office

• Sample complaint to the prosecutor's office regarding refusal to initiate criminal proceedings
• Sample complaint to the prosecutor's office against ITU
• Sample complaint to the prosecutor's office against the prosecutor
• Sample complaint to the prosecutor's office for consumer rights protection
• Sample complaint to the prosecutor's office about bad roads
• Sample complaint to the prosecutor's office for non-execution of a court decision
• Sample complaint to the prosecutor's office against bailiffs
• Sample complaint to the Prosecutor General's Office
• Sample complaint to the prosecutor's office against a kindergarten
• Sample complaint against a kindergarten employee
• Sample complaint to the prosecutor's office about the inaction of the administration
• Sample complaint to the prosecutor's office against a doctor
• Sample complaint to the prosecutor's office against an expert
• Sample complaint to the prosecutor's office about police inaction
• Sample complaint to the prosecutor's office against an investigator
• Sample complaint to the prosecutor's office against a pension fund
• Sample complaint to the prosecutor's office about non-payment of wages
• Sample complaint to the prosecutor's office against the management company
• Sample complaint to the prosecutor's office against an employer
• Sample complaint to the prosecutor's office for criminal cases

To the Tagansky District Court of Moscow

109147, Moscow, per. Marxistsky, 1/32

Administrative plaintiff:

Kaysarova Lyudmila Ivanovna

115088, Krutitskaya embankment///////////////////

Administrative defendant: Moscow Prosecutor's Office

109992, pl. Krestyanskaya Zastava, 1, Moscow

State duty: acc. from paragraph 7 of Art. 333.19 Tax Code of the Russian Federation - 300 rubles .

Statement of claim challenging the actions of the prosecutor's office

On April 21, 2016, through the Public Chamber of the Russian Federation, I sent a statement about unlawful actions on the part of the State Budgetary Institution EIRTs of Moscow and the State Budgetary Institution “Zhilishchnik” , which entailed my financial losses and financial losses of the remaining residents of the house in which I am the owner of the property and live, and located at the address: Moscow, Krutitskaya embankment, 9. The appeal was registered on May 30, 2016 under number No. 114371 (Appendix 2) .

In accordance with Art. 33 of the Constitution of the Russian Federation : “Citizens of the Russian Federation have the right to apply personally, as well as send individual and collective appeals to state bodies and local governments.”

In accordance with Art. 18 of the Constitution of the Russian Federation : “The rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice.”

According to Art. 2 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”: “Citizens have the right to apply personally, as well as send individual and collective appeals, including appeals from associations of citizens, including legal entities , to state bodies, local government bodies and their officials, state and municipal institutions and other organizations entrusted with the implementation of publicly significant functions, and their officials.”

In accordance with Art. 12 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”, a written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date registration of a written request, except for the case specified in part 1.1 of this article. (1.1. A written appeal received by the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) and containing information about facts of possible violations of the legislation of the Russian Federation in the field of migration is considered within 20 days from the date of registration of the written appeal.)

In exceptional cases, as well as in the case of sending a request provided for in Part 2 of Article 10 of this Federal Law, 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 the application by no more than 30 days, notifying about the extension the period for its consideration by the citizen who sent the appeal.

According to paragraphs. 1, 4 p. 1 tbsp. 10 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” , “A state body, local government body or official:

Ensures objective, comprehensive and timely consideration of the appeal , if necessary, with the participation of the citizen who sent the appeal;

gives a written answer on the substance of the questions raised in the appeal...”

On July 2, 2016, I received a response from the Moscow Prosecutor’s Office No. 7/32-1253-2016/120135 dated June 7, 2016 (Appendix 3).

Based on the above norms, the Administrative Respondent had to consider the received application on the merits objectively and comprehensively and provide a response within the time limits established by law.

However, the Administrative Defendant did not consider this application objectively and comprehensively, but redirected it to the State Housing Inspectorate of the city of Moscow, which he notified the Administrative Plaintiff with his letter.

Thus, the Administrative Respondent did not fulfill the obligation provided for in Art. 18 of the Constitution of the Russian Federation in the manner established by Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”, which violated the right of the Administrative plaintiff to consider the application on the merits by a state executive body within its competence and in deadlines established by law.

In accordance with the above and on the basis of Art. 18 of the Constitution of the Russian Federation; Federal Law No. 59 of May 2, 2006, Art. 19, 24, 42, 124, 125, 126 CAS RF I ASK THE COURT:

1. Recognize the actions of the Moscow prosecutor's office as illegal and oblige the Moscow prosecutor's office to consider the appeal dated 04/21/2016 No. 5OPK-14/6777-E, registered on 05/30/2016 under No. 114371, in accordance with the requirements of the law.

Applications:

1.Copy of the administrative statement of claim - 1 copy.

2. A copy of the appeal to the Moscow Prosecutor’s Office dated April 21, 2016 No. 5OPK-14/6777-E, registered on May 30, 2016 under No. 114371 – 2 copies;

3.Response of the Moscow Prosecutor's Office dated 06/07/2016 No. 7/32-1253-2016/120135 - 2 copies;

4. A copy of the document confirming payment of the state duty - 1 copy.

Prices for the services of lawyers and advocates at the Moscow Prosecutor's Office

Which court should I go to to protect my rights?

As a general rule, a complaint against the actions (inaction) of the prosecutor's office is filed with the district court at the place of residence of the plaintiff or at the location of the prosecutor's office.

Find the address of the district court in Moscow>>>

Then, within 5 days, you will be notified of the date of the court hearing at which your complaint will be considered.

Note! If your complaint is denied, you have the right to appeal this decision to a higher court.

Prices for lawyer services for certain categories of criminal cases

Please note that prices for the services of criminal lawyers depend on the severity of the crime and the details of the criminal process. Clients receive a more accurate price list during consultation and analysis of business prospects. You can find exact prices for individual categories of criminal cases:

• Prices for fraud lawyers
• Prices for drug lawyer services
• Prices for theft lawyer services
• Prices for murder lawyers
• Prices for the services of bribe lawyers
• Prices for the services of lawyers for economic crimes

Complaint to the court against the prosecutor's office: sample

As with any other statement of claim, a complaint against the actions of the prosecutor must contain the following information:

• Information about the plaintiff (full name, place of residence, contact details: telephone number, email address, etc.);
• The name of the court to which the plaintiff is applying;
• The essence of the complaint (description of the actions (inaction) of the prosecutor that led to the appeal to the court);
• Circumstances of what happened (date, time, place, etc.);
• The plaintiff’s demands (for example, to recognize the prosecutor’s actions as unlawful or to impose a disciplinary sanction on the perpetrator);
• Date of application;
• List of documents attached to the application.

Note! There is no standard sample application for a complaint against the prosecutor’s office - each case is individual. Seek the help of a lawyer to properly draft a statement of claim based on your specific situation.