How to compile and file an application with the prosecutor's office. Statement to the prosecutor's office on inaction. Form of application to the prosecutor's office. Application to the prosecutor's office for the employer

The reasons for appealing to the prosecutor's office are many, and they are associated, as a rule, with inaction or direct violation of the law regarding citizens. An application to the prosecutor's office is drawn up in case of violation of the rights and freedoms of a citizen, fixed by the Constitution and the legislation of the Russian Federation.

Why specifically in the prosecutor's office? Because it is the body that exercises general supervision over observance of the Constitution and laws, does not belong to any branch of government and performs control independently, on behalf of the state. The process of drafting a document is not clearly regulated, but is prescriptive. Therefore, as such, there is no form of application to the prosecutor's office. However, there are several rules that should be observed.

Rules for drawing up an application to the prosecutor's office

1. An application is filed with the prosecutor's office in accordance with the requirements of the law. This is important, otherwise it will not be taken into consideration. It is necessarily indicated, in the name of whom (the prosecutor or the prosecutor's office) a document is sent. The name, first name, patronymic and postal address of the person who applies to the prosecutor's office are prescribed. At the bottom of the text of the application, the signature and date of compilation are put.
2. The appeal itself should be short, clear, without emotional coloring - just a statement of the facts. Actually, the spelling can be conditionally divided into three parts:
   - In the first it is necessary to state the facts: what, where, when and in connection with what happened. All set out accurately, without outside information, because any unconfirmed phrase can serve as a basis for future refusal to consider.
   - The second part - an explanation of why the above contradicts the law and violates the rights of a citizen. It would be very right to mention the names, articles of the laws.
   - The final part is a request to the official to stop the violation of the law and bring to justice the respective citizens.
3. The application to the prosecutor's office takes place through the post office (by registered mail with notification), but the best option is to file in person. For this, two copies of the paper should be made: one is filed, the other (with a note of acceptance and signature) remains in the hands of the applicant. This copy of the application is an official document.

Applying for an employer

If the conflict with the leadership is not resolved, and the authorities do not adhere to the concluded labor contract and do not comply with the provisions of the Labor Code, you should file an application with the prosecutor's office with the employer. At what violations does it make sense to appeal to the prosecutor's office? This is appropriate if the management of the organization:

• Does not issue or delay wages;
• Unreasonably withholds part of the salary;
• Does not observe security measures, forces work in dangerous conditions for health and life;
• Refuses to grant leave.

Other circumstances are possible, but in any case they should not be contrived. It is necessary to prepare for the fact that the prosecutor's office will want to check the application for credibility, that is, to demand arguments. This can be testimony, stored or photocopied documents, which differ for each individual situation. These securities may not be provided if it is reasoned and clear to state its position for the prosecutor's office.

How to compile and file an application with the prosecutor's office for the employer

The application must be submitted to the prosecutor's office of the district where the legal address of the organization is registered, to the name of the district prosecutor. As in all official documents, the surname, name, patronymic and contact details of the person filing the complaint are indicated in the header. The application to the prosecutor's office is an official paper, therefore it requires to present the problem briefly and constructively, without superfluous arguments, not having a direct relation to the case. Otherwise, it is likely that it will not be accepted for consideration or additional evidence will be required in the case.

The procedure for filing is the same as in the general procedure. It should be noted only that the prosecutor, after receiving the application, must conduct a check within a month. After that, the response indicating the measures taken is sent to the applicant.

Appeal may be submitted to the Labor Inspectorate. Inspector in this case himself will file an application with the prosecutor's office for the employer. However, this process will take more time, and the results of the prosecutor's inspection will be known only after two months.

There are cases when the prosecutor, for one reason or another, delays with checking, does not hold it on time or the results do not suit her. In this case, it is worth making a re-application, but already to the prosecutor's office level higher. It should be taken into account that there must be good reasons for this. For example, when the prosecutor's office refuses in any way to report the results of the audit.

How to apply, if there is direct inaction on the part of government agencies when solving a problem

The federal legislation gives the right to appeal to the prosecutor's office with an application for action (inaction) of state bodies. Any actions and decisions of officials, if they cause damage to citizens, are allowed to appeal. The application to the prosecutor's office for inaction has no significant differences from another kind of such papers. While writing, the former requirements for filing remain:

• Indication of the address and name of the prosecutor's office;
• Full contact details of the applicant, signature and number;
• Attach documents that are relevant to the situation.

If there are difficulties with which prosecutor's office to apply, you can write to the city. The application process is the same: it is served personally and it is also necessary to receive a copy with the notes of the office about the admission.

For this case, to write an application to the prosecutor's office, a sample of which was discussed above, there are subtleties and nuances.

Features of drafting an application to the prosecutor for inaction

First of all, the text of the application should specify which rights are violated and how this infringes the applicant's freedoms. Then describe what actions (inactions) and which specific officials were violated rights. In the pleading part of the complaint, you must always demand:

• Recognize specific actions (inaction) of an official unlawful;
• Oblige this person to eliminate violations;
• Get the necessary documents for the inspection.

We must understand that the requirements are for restoring the rule of law and bringing to justice the perpetrators. The last requests are mostly ignored. In the best case, the guilty party will be given a bonus or "point out inadmissibility" in the order. Chances to initiate a criminal case on the application are much lower than the administrative one. Therefore, in the application it is worthwhile to set forth feasible requirements, without condemning yourself to a response. Claims should be formulated unequivocally, so that they can not be reinterpreted, then the prosecutor's answer will be on the merits of the matter.

The prosecutor considers the application to the prosecutor's office for inaction for three days. If additional materials are needed - within ten days. When the deadline is extended, the applicant is notified. Having considered the complaint, the prosecutor issues a decision either on recognition of the action (inaction) or about the fact that the decisions of the official are illegal and obliges him to eliminate the violations.

Application for housing and communal services

Many tenants have reconciled themselves and prefer to tolerate unscrupulous maintenance of housing and communal services. If the claims to housing and utilities are left without attention, you should contact the prosecutor's office and defend your rights. However, in order for the claim not to be unfounded, it is first necessary to file a complaint with the farm itself. Since the official form of the application in the housing and communal services does not exist, the claim is formalized in simple written form.

In the application header, you must specify the full name of the housing and communal services, the address of the location, details and the name of the manager. Below, as in all documents of such a plan, the applicant's data are indicated. Then the essence of the problem is revealed, precisely and in detail. The following are the attached documents, which help to clarify the situation. As usual, a signature and a seal are placed.

The application in the housing and communal services is written in two copies. One is taken to the management company, the second is registered, signed and kept at home. In order to avoid questions in the future, it is worthwhile to make sure that the application contains the full name of the person who adopted the document. If the housing and communal services did not respond to the complaint, this becomes the basis for filing an application with the prosecutor's office.

Application to the prosecutor's office for housing and communal services

In the narrative part of the application to the prosecutor's office, it is necessary to specify which service was provided and what is the degree of its inconsistency with the norm. All documents proving the problem are listed. If there is an expert opinion, for example, on poor-quality repair, it is worth mentioning it in the complaint. You can attach photos.

Making a statement to the public prosecutor's office for housing and communal services, it is necessary to indicate the requirements that were submitted to the management company, and the degree of their satisfaction. Documents of housing and communal services are listed in which the answer is given. If there is no reaction to the complaint, this must be noted.

Finally, it is worth mentioning what rights the company violated and what law regulates it. If this is a problem, you can specify as a basis the federal law "On the Protection of Consumer Rights", art. 27-31. It is necessary to formulate the requirements to Office of Public Prosecutor concerning measures which need to be applied to housing and communal services.

The application shall be accompanied by the listed documents, the second copy of the application in the housing and communal services and the expert's opinion, if any. As usual, the document is made in two copies, one of them, together with copies of the enclosed papers, is kept at home.

Application for the service of bailiffs to the prosecutor's office

The legislation of the Russian Federation gives an opportunity to complain about inaction of representatives of the Office of the Bailiff Service. Complain to the bailiff can both the claimant and the debtor. At the same time, both individuals and legal entities can apply independently. How to file an application with the prosecutor's office for bailiffs if they do not perform their duties or do them improperly?

As the recipient of the application, you must specify the city or regional prosecutor. The claim is written in free form, but it specifies a maximum of information. The statement must necessarily refer to laws that give the right to consider the work of bailiffs unsatisfactory. In the prosecutor's office such claims are considered as inaction of employees. Therefore, it is necessary to describe in great detail the cooperation with the department, to retell the telephone conversations with its employees.

If there was a complaint with the Bailiffs Service and the answer was not received (the applicant must receive it within three months), then it must be noted, by making a statement to the bailiffs at the prosecutor's office.

The document is considered within ten days from the date of receipt. It can be considered justified (in whole or in part). Otherwise, the actions (inaction) of the bailiff are recognized as lawful, and the complaint remains unsuccessful.

Fraud Statement

Fraud is a criminal offense. To compensate for the material damage caused, the victim must file an application for fraud in the prosecutor's office. Under the law, when applying for fraud detection, citizens should be contacted at the police station. But practice shows that the result of disclosing such crimes remains low, and this is due to the fact that law enforcement agencies often delay time, which is very valuable in this case.

Appeal is submitted to the prosecutor's office, which is located at the place where the crime occurred. If the incident happened in another city, for example, then the application can be sent there by registered mail, with a notification and attached an inventory of all accompanying documents.

Some features of the fraud statement

The applicant must bear in mind that criminal liability is provided for false denunciation.

It is necessary to describe the event in detail, it is necessary to indicate the person who committed the fraud, and to set out a request for instituting criminal proceedings against him. You can refer to the normative acts, which confirm the right to complain. The style of writing statements must be strictly official, the wording is reconciled. It is in such documents that applicants often have unnecessary emotional outbursts that may interfere with understanding the essence of the complaint itself or even distort its meaning. An illiterate statement may not be considered at all or will not receive the necessary prosecutor's reaction. In addition, it can be returned for lack of information. It is also necessary to put forward justified claims.

The application shall be accompanied by evidence, if any. It can be documents or photos. Indicates the amount of damage caused. As usual, an application to the prosecutor's office is signed with a transcript, the date is put.

According to the statement, the prosecutor's office checks all available facts within ten calendar days. It is during this period that the question is resolved whether the applicant will be refused or a criminal case will be instituted against the swindler. In the first case, the prosecutor's office is obliged to send a written decision. Such a decision can be challenged by a higher prosecutor. In this case, one more statement is being prepared, accompanied by a copy of the received decision on the refusal.

Having received a refusal in the prosecutor's office, you can apply to the court. It is worth paying attention that the claim to the prosecutor's office is not filed. With a suit (civil or criminal), they appeal exclusively to the courts.