The negative impression of a meeting or communication with police officers leads a person to complain about police inaction. Who, how and what to write about?
What is good to know?
The police is a state organization consisting of a number of services and aimed, as the law says, to protect the rights and freedoms of citizens and public order. Legality is one of the principles according to which each police officer is obligated to comply with regulations.
At the same time, police often either fail to fulfill their duties, or do so poorly that as a result, a complaint is made about police inaction. The actions of police officers are based on a whole list of legislative acts:
- Police Act;
- CAO;
- CPC.
In pursuance of this list of laws, regulations, orders, instructions are adopted.
Citizens' rights can be affected by both a crime and a disciplinary or administrative offense. In addition, employees are required to engage in preventive work. A whole layer of legislative acts is also devoted to its organization.
Where to complain
Applications are filed in several instances, each engaged in some kind of direction in the activities of the police, and where the complaint about police inaction can be directed. These are senior employees, members of their own security department, prosecutors and judges.
Below we consider each instance in more detail.
Violations committed by employees are divided into several categories:
- disciplinary;
- administrative
- criminal.
Violations can be expressed in illegal actions or, conversely, inaction.
If there is no money for a lawyer, then how is it written, for example, a complaint to the prosecutor's office about police inaction? The sample is given either at the institution itself or on the organization’s website.
Superiors
Each police officer has his own boss. For example, within the district department, the services of district and operative officers work. Each of them has its own leader, followed by the head of the department responsible for the area. Then city or regional administrations, further - the Ministry of Internal Affairs of the country.
It makes sense to send statements on a step: from bottom to top. If you first send it to the regional administration, all the same, the paper will be sent back to the immediate superior. He will also be required to report both to the author of the complaint and to the authority that forwarded the complaint.
A superior officer can bring a police officer to disciplinary liability, for example, reprimand, deprive of a bonus, etc. Sometimes this is enough, sometimes not, and a law enforcement officer can begin to take revenge on a citizen. There are many options, it all depends on the situation. In many ways, a complaint about the inaction of police officers increases the volume of workflow.
True, it is one thing when the statement concerns the drunk in the yard, and the other is the concealment of crimes or other serious things.
At the same time, it is the responsibility of a superior to resolve issues of bringing to administrative responsibility, in particular, traffic police officers.
The head of the department has the right to consider complaints against decisions of inspectors.
Own safety
The department works in the system of the Ministry of Internal Affairs, and it includes operatives involved in detecting corruption among police officers and other crimes. Complaining about the inaction of police officers is a welcome document for them.
You can also apply to them by visiting the department.The website of the Ministry of Internal Affairs is invited to call the hotline, such phones exist in all regions. If you call the ministerial line, the material will still be transferred to the region.
The site is also invited to leave a complaint in electronic form, no digital signature is required, everything is quite simple. How is a complaint about police inaction written? A sample or form is uploaded there on the site.
People complain that the efficiency of Internet calls is low.
Police officers from their own security structures check applications from citizens, collect information on their own initiative, and engage in undercover work. The result of their work is transferred to the investigative committee.
investigative committee
SK is an organization that investigates corruption, official and violent crimes.
What is the scheme of work:
- citizens file allegations of crime;
- materials are sent from other bodies - both inspectors and those to whose competence the issue does not apply.
Two decisions are made: the case is either opened or it is denied. If a case is opened, it means they will be transferred to court, which will pronounce the verdict. In practice, promising cases are submitted to the court, the presence of doubts about the verdict forces to stop the proceedings even at the verification stage. Less often, cases are closed already in the process of investigation. Another reason is the desire to fulfill statistical indicators. At the same time, a complaint about police inaction can lead to results.
Appeal to the prosecutor
It is necessary to complain to the prosecutor's office of the lower echelon, then to the city or regional (republican), then to the general. By law, prosecutors oversee the police and control its activities. They can complain directly or after they refused the Ministry of Internal Affairs.
What do people not know about? The prosecutor’s office does not investigate; it sends materials to the SC to a maximum, where a decision is made on them. At the same time, the prosecutor may declare the refusal to open a criminal case illegal.
The prosecutor's office approves the initiation of a criminal case, gives permission to conduct a number of investigative actions, accepts complaints of the participants in the process against the investigator, and also transfers the case to the court, checking the indictment.
Thus, a complaint to the prosecutor's office regarding police inaction may relate to various aspects of life.
The role of the court
You can complain to the court about any actions of police officers. Practice shows that you should first try to complain to the prosecutor's office, it is still present at the lawsuits relating to the police. Having received a refusal from prosecutors at his request, it will be possible to assume how prosecutors will behave further.
When complaining to a court, one must take into account the norms of the Code of Criminal Procedure, Code of Administrative Offenses. How is a complaint about police inaction written here? A sample is selected based on a specific situation.
If the final decision on administrative responsibility is made by the court, the only way out is to prepare for the process. Prepare a reasoned statement, evidence. In case of disagreement with the judicial act, a complaint is filed in appeal, cassation and supervision. Initially served in the district (or city court), then the regional (republican), then in the RF Armed Forces.
How to write a complaint
The content of complaints is standard:
- chief of the police department or district prosecutor, name of court;
- information about the applicant (full name);
- statement of circumstances;
- requirements (what the applicant wants to achieve);
- date, signature.
A statement of circumstances means a thorough description of what is happening, a link to witnesses, videos, documents (fixing beatings in a hospital, for example). It is advisable to indicate which of the police officers what actions committed, car numbers and as many other details as possible.
The person to whom the document gets will have to clearly see the picture of what happened.
Actions or omissions always fall under the specific rule of law.If we are not talking about violence, fabrication of evidence, illegal detention (and knowingly), it will end with disciplinary action. Similarly, with violations relating to criminal proceedings.
It is impossible to pour out emotions in a text; a listing of facts and norms of laws is permissible.
Complaints are submitted through the office or by mail with notification. If you send with an inventory, the correspondence from the post office will not be taken.
If an application for a crime is filed, it must be marked with a warning notice for false denunciation.
A citizen who has applied without a prepared statement of a crime is given a form, which he fills with his own hand and in his own words, none of the law enforcement officers makes tips.
All applications are registered, preferably on a copy to ask to put a mark on acceptance of the application.