All samples of complaints: examples of applications
How, where and what are they complaining about? The concept of the complaint is widespread in the Russian legislation. Now you can find samples of complaints for any reason. But all the same, there remain problems of the proper compilation, filing of such a paper, and the expected result.
What is a complaint?
This statement on the illegal actions of a citizen or organization with the requirement to eliminate violations and their consequences. The requirements for a complaint depend on where it goes:
- to the public authority;
- municipal authorities;
- to the police;
- to the prosecutor's office;
- to court.
On the websites of almost all state structuresthere are explanations for writing applications, samples of complaints, it remains only to fill correctly. Nobody wants to waste time on paper, which you need to figure out something else, wasting time.
Complaints are written to the President. He is an official considering complaints against any actions. Exceptions are judicial decisions, sentences, actions of law enforcement bodies in the framework of criminal proceedings or bringing citizens to administrative responsibility.
The specific function of the President is to considerapplications and complaints of citizens on issues of citizenship. He is the chief official responsible for this area of government. Therefore, before you take the first available samples of complaints, you should understand what kind of law they fall under, and what must be taken into account.
For example, such a complaint has its own peculiarities - inactivity of bailiffs. The sample is often located at the control stand.
But we must understand that inaction or violation of the law have a variety of forms.
Citizen's rights in this area
Anyone has the right to get acquainted:
- With the results of consideration of complaints.
- With the complaints of other citizens, provided that this does not violate the rights of another person or reveal a secret (for example, private life, investigation, state or commercial secret).
- With a response to your appeal within the time limits prescribed by law.
Can he complain about the response of the statebody or official. The application for an unlawful response or other violations in connection with earlier complaints is authorized in the order of subordination or in court.
The time allowed to file a complaint is 30 days, if necessary, it is extended.
What can not be done
It is forbidden to write offensive letters,threaten them with causing harm to health or property, as well as relatives or close people of officials. Such appeals are allowed not to give an answer. In addition, the materials can be forwarded to the police for an appropriate response.
There is no answer to letters from which you can notTo understand who wrote it or where to send the answer. If a complaint is received that has already occurred, it returns with the indication that it is impossible to give repeated answers to the same treatment.
The text should be written legibly, otherwise the applicant will receive an automatic refusal.
Do not deal with paper that no oneare signed. If the matter concerns a grave crime, corruption, the paper is immediately transferred to the prosecutor's office, the Criminal Code, the police or the FSB. Usually everything goes to the prosecutor's office, from where they transmit the materials on the jurisdiction. Samples of complaints for almost any case provided by law can be found on specialized resources.
How the decision on the complaint is made
If it is not a question of a trial, a criminal case, then a general procedure for considering and taking decisions on complaints is provided.
An official or authority that received such a paper,It is obliged to demand materials from other state bodies, organizations. Everyone affected by the application has the right to write an objection to the complaint. The pattern is just as easy to find. The answer may contain references or attached documents with refuting evidence.
Where to complain
The complaint is sent either in the order of subordination,or to court. Now statements on officials in court are considered according to the norms of the CAS. Before the court it is worth turning to the prosecutors. They are responsible for legality in the sphere of citizens' appeals and must make decisions about the unlawfulness of actions of officials or representatives of organizations.
Litigation, terms, application
On officials in court now the statements are written in accordance with the CAS rules, with the exception of criminal cases, materials on the Code of Administrative Offenses.
3 months are given for sending papers to the court, forexcept for the cases prescribed in the legislation. For example, a complaint about inaction of bailiffs, the sample of which is given above, should be processed within 10 days. A similar deadline is prescribed for refusing a public event and other cases.
If earlier complaints were filed with other authorities,having the appropriate authority, and the answer was not given on time, the citizen can ask to restore the deadline before the start of the process. Paper is made as follows.
- the instruction of the court (the plaintiff complaining about the officials has the right to choose the institution closest to the place of residence);
- information about the respondent (name, address);
- what rights have been violated or what are the obstacles to their implementation;
- arguments, evidence, it is desirable to refer to normative acts;
- a request to the court (recognition of actions or omissions as unlawful, requesting specific actions, etc.);
- request for requisition of evidence, appointment of examination, etc.
- list of attached documents;
- signature, date.
The duty for such claims is not paid, and the requirements for it are illegal.
Often, for preparation is used not one sample of the complaint, the bailiff in particular. Violations are very diverse even in one sphere.
Proceedings on private complaints
A private complaint is a request for a request to cancel an interim judge's decision in the case. If the claim is left without motion if the plaintiff does not pay the fee, the latter is given a period for making the amount on the receipt.
The court's refusal to appoint an expert examination, suspension of proceedings is also the basis for filing a private complaint.
The deadline for filing a complaint is 15 days from the date whenbecame aware of the decision of the judge in the meeting or came to the paper by mail. A private complaint about the court's ruling (a sample is often placed on the organ's website) is drawn up according to the general scheme:
- the name of the court in whose competence the appeal proceedings are;
- indication of the parties in the case;
- the definition that is being appealed (date, name, case number);
- arguments, evidence, confirming them;
- a request to the court (cancel, change, resolve the issue at its discretion).
The court of first instance sends the parties copies of the complaint with the attached materials, waiting for the feedback, and then sends it to the appellate instance.
If it was not possible to obtain results in court
How do you complain about the decision of the district court? The sample is provided by a lawyer based on his experience.
Materials are submitted to a court that has not acceptedwhich satisfied the plaintiff's decision. They check the compliance of the appeal with the law and send it to the court. If you send the papers directly, they will be sent to the court of first instance, which will take time.
Approximate composition of the complaint:
- the court to which the complaint is addressed;
- parties to the case (name of the organization, full name of the person, address);
- the date of the decision, the number of the case for which the appeal is filed;
- indication of violations, arguments supporting them;
- a request to the court (cancel, change, take a new decision);
- description of the attached documents;
- signature of the applicant, date;
- a copy of the power of attorney;
- a copy of the diploma of a lawyer's representative if he is not an attorney or a prosecutor.
In the appellate instance, the judge checks the complaint against the law, then it is considered by the collegium of judges.
A sample complaint to the Supreme Court is useful ifAppeals did not help. After it remains the presidium of the city, regional, regional, republican court. If this does not have any effect, the cassation complaint is sent to the Supreme Court of the country.
Denial of opening of proceedings on supervisory complaintmay be canceled by the Chairman of the Armed Forces of the Russian Federation or his deputy. Then begins the examination in this court. Having made a decision to claim the case, the judges take a new decision on it. Rarely, when they finish the process, the materials are sent back to the first or appellate instance, depending on what violations there were in the case.