The person to whom you should turn in the event of a violation of the current legislation or the rights of a citizen is the district police officer. At its core, a district police officer is a police officer whose responsibilities include maintaining law and order in a specific area of the populated area assigned to him. From a legal point of view, this law enforcement officer must protect the interests of injured citizens.
To perform its functions, the state vests it with certain powers. However, local police officers do not always fulfill their duty in good faith. A manifestation of violations on the part of a police officer is abuse of official position or failure to perform in general the functions assigned to him. This state of affairs serves as the basis for filing a complaint with a higher authority in order to resolve the issue or even pay for moral or material damage.
Institutions to which you can file a complaint against a local police officer
In case of disagreement with a local police officer, a citizen has the right to file a complaint with various authorities. Moreover, the choice of which one makes sense to contact depends on the specific circumstances of the case and the nature of the offense. In general, the list of authorities to which to file a complaint regarding unlawful actions of a police officer includes:
- The head of the department, under whose subordination is a negligent district police officer.
- Department for organizing the activities of local police commissioners and juvenile affairs units (UODUUP and PDN).
- Prosecutor's office.
- Court.
It is worth noting that in order to achieve the desired result as quickly as possible, it is better for the victim to submit applications simultaneously to several authorities. For example, immediately file a complaint with both the UODUUP and the PDN and the prosecutor’s office.
Legislative aspects
As a rule, in this area, citizens are dissatisfied with:
- a specific action of a police officer with which you categorically disagree;
- inaction of the district police officer in solving your problem.
In the first case, you need to be guided by the Law of the Russian Federation “On the Police,” which clearly states the rights and responsibilities of this structure, as well as its powers and responsibilities. Article 12 of the above Law states that law enforcement officers are obliged to immediately respond to citizens’ requests, identify the causes of crimes and take measures against persons who violate law and order. Therefore, if you left a statement to the police and, for example, they refuse to consider it, you have the right to file a complaint.
The second example, namely the inaction of the district police officer, should also not be “ignored.” Chapter 2 of the Law “On the Police” describes in detail the main “criteria” of the work of the authorities, namely: legality, openness, trust, impartiality, as well as interaction and cooperation. If a law enforcement officer does not respond to your problem, he is simply violating the principles of his activities, for which he may subsequently be punished accordingly.
Filing a complaint to the head of the department
So, if a citizen finds himself in an unpleasant situation related to the actions of a local police officer, the first authority to which he should contact is the immediate head of the local police officer’s Ministry of Internal Affairs. This action can be carried out in the following ways:
No. | Method name | Contents of the method |
1. | Personally to the head of the Ministry of Internal Affairs. | In order to contact the head of the Ministry of Internal Affairs personally, you must come to his appointment at the appointed time. The schedule for receiving citizens by the chief can be clarified either at the police department itself or on the official website. |
2. | Personally to the head of the Ministry of Internal Affairs for the city of Moscow. | If you decide to contact one of the heads of the Ministry of Internal Affairs of the city of Moscow, this action can be carried out at the following address: st. Sadovskaya-Sukharevskaya, 11. Reception of Moscow residents is carried out daily from 10.00 to 13.00 and from 15.00 to 18.00 (on Tuesday - until 20.00) at the address: 2nd Kolobovsky lane, building 6, building 1. You can make an appointment for a specific date and time by calling 8 (495) 694-98-25 (from 10.00 to 13.00) or by submitting a corresponding application to the responsible employee. |
3. | Send an appeal by mail. | You can submit a complaint in writing via Russian Post. Information on the procedure for sending correspondence to territorial divisions is available on the page xn--b1aew.xn--p1ai/contacts/sites. |
4. | In telephone mode. | You can also report violations by the police by calling the hotline or the regional police hotline. In this case, there is an opportunity not only to leave a complaint, but also to consult on the procedure for further action to protect your interests. |
5. | Using a mailbox. | The last way to contact the head of a department of the Ministry of Internal Affairs is to send an application using the correspondence box located on the territory of each department of the Ministry of Internal Affairs of Russia. |
Please note that a problematic situation can often be resolved at this stage, without resorting to any other actions.
Submitting an appeal to the Department for organizing the activities of district police officers
If the problem has not been resolved after contacting the head of the department of the Ministry of Internal Affairs, the next authority to contact is the Department for organizing the activities of local police commissioners and juvenile affairs units (UODUUP and PDN). The responsibilities of this organization include organizing the work of local police officers, as well as monitoring their activities. You can find information about the work of this organization in a specific region using the website xn--b1aew.xn--p1ai/contacts/sites.
Residents of the capital can carry out this action in one of the following ways:
No. | Name of the method. | Contents of the method. |
1. | Personally. | In the city of Moscow, personal reception is conducted by Bednov E.A., at the following address: 2nd Kolobovsky per. 6, p. 1. At this appointment, it is necessary to verbally state the essence of the current situation, as well as provide a written application form. If there are any additional materials confirming the victim’s words, they must also be provided during the reception. Such materials can be: – audio recordings; – expert opinions, etc. |
2. | By mail. | The second method of appeal is a written complaint sent in the form of a registered letter via Russian Post. It is possible to clarify the recipient’s details on the website of the Ministry of Internal Affairs. In this case, in the addressee column, you must indicate: “Head of the Department for organizing the activities of local police commissioners and juvenile affairs units, E.A. Bednov.” |
3. | Online. | The last way to submit a request is to fill out the electronic form on the website 77.xn—b1aew.xn—p1ai/request_main. In this document you must fill in the following details: – its addressee: department, position, full name; – applicant details: full name, telephone number, full postal address, email address, etc.; – the name of the institutions or departments where the applicant previously applied to solve his problem; – place of the event; – the essence of the appeal (text), where you should briefly describe the facts indicating the improper performance of professional duties by a police officer. |
Important! If you choose to apply in electronic form, you must indicate the method of receiving a response (mail or online mailbox) and attach electronic documents to confirm the information provided in the text of the message.
However, this method of submitting an appeal does not exist in all regions of the country.
The procedure for filing a complaint against the actions/inaction of a police officer
Having decided to complain about a local police officer, you need to approach the process responsibly and competently. Today there is no single sample complaint; the document must be drawn up based on the norms and criteria of the current legislation and the civil procedure code. It is important to write the text of the appeal to the prosecutor’s office or police department without errors, corrections and incorrect expressions. Avoid emotional phrases and statements. The document should be concise and as informative as possible.
Category: | Government institutions |
Date of: | 11.12.2015 |
Is it necessary to file a complaint against a local police officer when his actions contradict the tasks assigned to the official? Or as a result of his inaction, the rights and freedoms of citizens were violated? We believe that the answer should be positive.
A police officer, such as a local police officer, performs one of the most important law enforcement functions of the state. It is he who is called upon to monitor the state of law and order in the territory under his jurisdiction. We can file, contact with information about a crime or offense being committed or committed. If his actions contradict the duties assigned to him, a complaint against the district police officer will help draw the attention of his superiors to this fact and, possibly, take corrective action.
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Filing a complaint to the prosecutor's office
If a local police officer not only refuses a citizen to perform his duties, but also abuses his powers or his actions are of a corrupt nature, the latter should file a complaint with the prosecutor’s office. This authority will conduct an inspection and internal investigation, the purpose of which will be to determine the need to bring the district police officer to disciplinary or administrative liability. You can perform this action in one of the following ways:
No. | Name of the method. | Contents of the method. |
1. | Personally. | In order to personally contact the prosecutor's office, a citizen must first make an appointment with the prosecutor on duty. In this case, on the day of admission, the applicant must have a civil passport with him. There are categories of citizens who have the right to an extraordinary reception, namely WWII participants, pregnant women, disabled people, etc. You can find out more information about the work schedule of the duty prosecutor on the official website, which provides contact information for the prosecutor's office of all territorial divisions. In particular, in Moscow, reception is carried out without an appointment at the address: pl. Krestyanskaya Zastava, 1 from 9.00 to 18.00 from Monday to Thursday and until 16.45 on Friday with a lunch break from 13.00 to 13.45. At the reception, you must verbally outline the essence of the current situation, providing a written statement. If additional materials are available, it also makes sense to present them to the prosecutor. Both the victim personally and his authorized representative can apply if they have the appropriate documents. |
2. | Using a mailbox. | The next way to submit an application is through an application box, which can be located in the office or other room accessible to visitors. |
3. | By mail. | You can also submit a written appeal using Russian Post. You can find out more information about the details of the recipient of the letter on the website genproc.gov.ru/contacts/map/?DISTR=&SUBJ=. In this case, residents of the capital can send a letter to the following address: 109992, Moscow, pl. Peasant Zastava, 1. |
4. | Through the Internet reception. | This action can be carried out through the website of the regional unit, which can be accessed from the website of the Prosecutor General's Office genproc.gov.ru. In this case, it is necessary to fill out the following points of the electronic document form: – who is its addressee (select from the available list of recipients); – a topic that most fully reflects the essence of the claim; – legal status of the user; – contact details (mailing address, telephone, etc.); – when an employee violated the law or the rights of the victim by describing the known facts and circumstances of the case in the “Message text” field. Due to the fact that the program sets a limit on the number of characters, the user must explain as accurately and briefly as possible what was the reason for the complaint to the Prosecutor's Office, as well as succinctly formulate his main requirements. You can attach additional materials to the text using the “Attach file” button. But if necessary, they can be sent by mail, indicating the registration number of the online application. In this case, the submitted electronic form will be accepted and registered in the system only if the user has provided all the necessary information, filled out the fields marked with “*” and correctly entered the digital code, which serves as protection against spam. |
We also note that in the event of corrupt actions on the part of a local police officer, the applicant has the right to submit an anonymous appeal without providing personal information.
Where can I complain?
The opportunity to complain about a local police officer is directly provided for in Article 53 of the Federal Law “On Police”, according to which if a local police officer is inactive or violates the law, you can file a complaint with a higher authority or a higher official, the prosecutor’s office of the Russian Federation, or the court.
Head of territorial department
First of all, you should file a complaint about the inaction of the local police officer to the chief of police of the territorial department. The head of a department has the authority to apply disciplinary sanctions to his subordinates and can oblige them to do their work in good faith. First, you can try to solve the problem quickly and simply come to a personal meeting with the head of the territorial department. You can find the contacts of the desired territorial department on the website of the Ministry of Internal Affairs of the Russian Federation.
At the reception, you will need to describe the situation and inform about your intention to file complaints with all authorities. Quite often this is enough to restore justice. If the authorities do not cooperate, you will have to file a complaint against the local police officer in writing in accordance with the general procedure, which will be described below.
CSS
Within the structure of the bodies of the Ministry of Internal Affairs of the Russian Federation, a special body has been created to monitor compliance with the law by police officers: the Department of Internal Security of the Ministry of Internal Affairs of the Russian Federation. The CSS accepts requests from citizens related to the commission of a crime or other offense by an employee, civil servant or employee of the Russian Ministry of Internal Affairs system.
Internal security bodies exist within the structure of the regional Main Directorates of the Ministry of Internal Affairs. You can find out their contacts on the corresponding website or through the helpline of the Ministry of Internal Affairs in your city.
You can also directly contact the Main Directorate of Internal Security of the Ministry of Internal Affairs of Russia in the following ways:
- by submitting a written complaint through the reception office of the Ministry of Internal Affairs of Russia (Moscow, Sadovaya-Sukharevskaya St., 11) or through a mailbox installed in the administrative building of the Ministry of Internal Affairs of Russia (Moscow, Zhitnaya St., 16);
- by mail to the Main Directorate of Security of the Ministry of Internal Affairs of Russia (107078, Moscow, Sadovaya Spasskaya St., 1/2);
- you can file a complaint against a local police officer online on the official website of the Russian Ministry of Internal Affairs;
- via the federal “helpline” numbers included in the Russian Ministry of Internal Affairs hotline system.
Prosecutor's office
The Prosecutor's Office of the Russian Federation supervises compliance with the law, including the legality of the actions and decisions of employees of internal affairs bodies. However, the prosecutor cannot replace other control authorities, so you should contact him only after all possibilities to solve the problem within the structure of the Ministry of Internal Affairs of the Russian Federation have been exhausted.
We have already written about how to file a statement with the prosecutor’s office against a local police officer.
Sample application
Consultation on document preparation
Court
The actions and decisions of the district police officer can be appealed in court. The most common reasons for going to court are:
- appealing protocols on administrative offenses and other documents drawn up by the district police officer;
- compensation for material and moral damage caused by the unlawful actions of the district police officer.
A statement of claim in such cases should be filed with the district court at the location of the police department where the offending district police officer works. In this case, the defendant will not be the district police officer himself, but the Ministry of Internal Affairs of the Russian Federation.
Application deadlines
The time frame within which a citizen can file a claim should be taken into account. If deadlines are missed, they can be restored, but this will be very difficult.
- an appeal against a decision in a case of an administrative offense is possible within 10 days from the date of its receipt;
- claims for compensation for harm caused to life and health, as well as moral damage, are not subject to the statute of limitations;
- The general period for appealing actions and decisions of officials is 3 months.
Procedure for filing a claim
To sue a local police officer, you need to:
- Pay the state fee. The amount of the state fee depends on the requirements specified in the claim. There is no state fee to be paid for appealing administrative decisions. A receipt for payment of the state duty is attached to the claim in court.
- Send a copy of the claim by registered mail with return receipt requested to the appropriate police department. The shipping receipt must also be attached to the claim.
- File a lawsuit with all attachments. You can do this in one of the following ways:
- come to the court office and hand in the documents in person. Then the secretary will mark your copy as having been received and take away the claim along with all the attachments;
- send the claim by registered mail to the court;
- use the electronic system of GAS Justice and send documents electronically in PDF format. This will require authorization through the ESIA.
If the claim is satisfied, the court will decide to cancel the appealed decision, collect compensation for damages, hold the district police officer accountable, etc. If you disagree with the court decision, you can appeal it to higher authorities.
Filing a claim in court
There are circumstances in which it is appropriate to file a claim in court. Let's consider these circumstances.
A situation requiring filing a claim in court. | If the actions of a local police officer resulted in moral or material damage. Only filing a claim can ultimately lead to the payment of monetary compensation. |
Documents that must be provided. | List of required documents: – a claim of the established form; – evidence indicating that the plaintiff has grounds to go to court (expert opinions, video footage, photographs, etc.); – copies of applications sent to higher authorities, etc. |
Possible additional circumstances. | Since legal proceedings often require proper education, the victim should seek help from a lawyer. The latter will not only help in drawing up documents, but will also be able to represent the interests of the plaintiff during the consideration of the case. |
Common mistakes on a given topic
Mistake #1. If the actions of a local police officer are of a corrupt nature, the victim can file a complaint exclusively with the Office for Organizing the Activities of District Police Commissioners and Juvenile Affairs Units. In such circumstances, a citizen must contact the prosecutor's office.
Mistake #2. Submission of an application to the prosecutor's office must only be open, indicating the personal data of the applicant. In the event of corrupt actions on the part of a local police officer, the applicant has the right to submit an anonymous appeal without providing personal information.