Rosreestr is an organization that plays an important role not only in the life of citizens, but also of the state as a whole, since its most important task is the registration of civil property and the storage of all documents establishing property rights.
This body registers the citizen's rights to real estate and related transactions, performs cadastral registration of real estate and land management at the state level, monitors land, provides navigation of the transport complex and cadastral valuation, performs federal supervision in the field of cartography and geodesy, monitors state land and the functioning of independent institutions of appraisers and arbitration managers.
The slightest malfunctions in the functioning of the Rosreestr may soon become critical. At the same time, the loss of any papers is not the biggest mistake, because some others can lead to the loss of property rights to apartments, houses, land. In what cases are complaints written to Rosreestr? We will understand in this article.
general information
Work with citizens' appeals is carried out in accordance with the grounds established at the legislative level. You can send them to the central office of Rosreestr in any of the following ways:
- by mail in writing;
- by fax also in writing;
- by filling out a special form on the official website;
- through the Unified portal of state and municipal services (functions);
- with the help of the Departmental Center providing telephone services to Rosreestr;
- during a personal transfer of an appeal to the Rosreestr in writing through a window that accepts citizens' appeals;
- in the process of a personal reception with an official of the Rosreestr.
Complaints can be sent to the Rosreestr both individual and collective.
Article 7 of the Federal Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation" explains that a citizen must indicate his name, patronymic (if any) and last name, mailing address if the answer is sent in writing, email address in case of a reply to electronic document format. A citizen has the right to add to his appeal all the necessary materials, documents in electronic form or send these papers or copies made from them in writing.
Please note that the text of the appeal sent in electronic form using the site service. in size should not exceed four thousand characters, including spaces.
It is worth noting that electronic communications sent to the central office of Rosreestr without using its official e-mail will not be considered on the website service.
Getting information on issues related to complaints to Rosreestr
Citizens can get information of interest to them on considering applications on business days according to the established schedule of Rosreestr on the information phones. With the help of the latter, information of this kind is provided:
- whether the citizen’s appeal has been registered, details of the course of its consideration, extension of the decision period, redirection of the appeal to the organization’s territorial body, subordinate institution, local government or the corresponding state, as well as to the official whose competence includes solving the problems reflected in the appeal;
- contacts of the reception service of the structural unit in Rosreestr, which is responsible for the consideration of appeals;
- the fax number and mailing address of the referral to Rosreestr in writing;
- the conditions that are presented for registration of appeals, both in electronic form and in writing;
- terms of consideration of applications and the procedure;
- the procedure for reporting on the process of considering citizens' appeals and its results;
- a way to make an appointment with managers of the organization;
- the time and place of the personal reception carried out by the officials of the institution;
- appeal of actions or omissions of officials, as well as decisions taken during the performance of the state function of receiving citizens, guaranteeing a complete and timely study of written and oral appeals of citizens with notification of the latter about decisions taken within the time limits established by law;
- other necessary information that affects the rights of citizens to apply to a state organization.
A sample complaint to Rosreestr will be presented below.
Terms and order of consideration
The appeal must be registered within three days from the moment of its receipt in the organization. Then it is considered for a month (30 days). As an exception, this period may be extended, but it is necessary to notify the author of the appeal in writing. Specifically, complaints are considered within fifteen business days from the moment they are registered with the institution that has the authority to examine them, unless the body has set a shorter time for examining complaints against Rosreestr employees.
Appeals that have been registered are sent to the head and deputies of Rosreestr for a report or transferred directly to structural units for further consideration on the merits. If the appeal contains such questions that are outside the scope of this organization, then within a week from the date of its registration, it is redirected to other state bodies of relevant competence with a cover letter, and the authors of the letters, in turn, are notified in writing. Everyone can write a complaint to Rosreestr.
If the address does not contain the names of the authors and return email or postal addresses, then answers to them are not given. If the appeal contains information about the preparation, commission or already held illegal act, as well as about the person who is involved in this, are redirected to law enforcement agencies with cover letters.
If the appeal contains insulting words or obscene words, threats to the health, property, life of an official (and members of his family), such a statement may remain unanswered, even if substantive questions were raised in it. The author of such an appeal is explained by his abuse of legal norms. For example, they often write complaints about the arbitration manager to Rosreestr.
If it is impossible to answer the question posed in the appeal without disclosing information deemed to be a state secret or protected by federal law, the author is notified of the inability to give an answer on the merits of the question asked because it is unacceptable to disclose the specified information.
If the solution of the questions asked in the appeal falls within the competence of several state or municipal bodies, officials at once, copies of it within a week from the moment of registration are transferred to the relevant bodies or state employees. How long is the complaint against the manager in Rosreestr considered? We will consider this question later.
Rosreestr has the right to stop correspondence with a citizen if several times (more than three) he was given substantive answers in writing, but only if new information and circumstances do not appear in the next appeal. Authors are required to notify of the decision.
The response to the appeal must be sent in writing by mail or in electronic format by e-mail in accordance with the data provided by him. A sample complaint to Rosreestr can be found online.
Personal reception
The head of Rosreestr, deputies, directors of structural divisions or persons authorized by special powers personally accept citizens. They provide advice on their competencies. Preliminary recording is carried out according to the schedule of a personal appointment, approved by an appropriate order. It is carried out on oral and written appeals by the official of the department, which is responsible for organizing work with civil appeals.
A record of those wishing to get to the heads of structural units is kept by an employee who is responsible for organizing the reception of citizens according to these units. A complaint may be filed against the registrar of Rosreestr.
The head of the Rosreestr accepts citizens only after considering the appeal at a personal appointment with his deputies, whose competence is to solve the issue of interest to the citizen.
Personal admission is carried out in the next order by appointment. Before it begins, a citizen must present an identity card. If a representative of a citizen or organization has come to the reception, then he is obliged not only to show an identity document, but also the power of attorney of the relevant person / institution to represent their interests.
What to do during a personal appointment?
During a personal reception, it is possible to either make an oral statement or leave a written appeal reflecting the essence of the issues of interest to the citizen, including those cases when it is necessary to take measures to protect or restore his violated interests, freedoms and rights. A sample complaint to the arbitration manager is presented to Rosreestr.
If, being at a personal reception, a person handed over his written appeal to an employee who accepts citizens, then a corresponding note is made on the second copy.
If the arguments and circumstances presented in the oral appeal are obvious and do not need additional verification, the answer may be oral with the consent of the applicant. It is given in the process of personal admission and is noted in the register of reception of citizens and in the section “Oral explanations are given” of the personal admission card.
In other cases, a written response is provided on the merits of the applicant’s questions in the order and within such time frames as are determined by the legislation of the Russian Federation. This also applies to complaints about the arbitration manager in Rosreestr.
Appeal to the prosecutor in disputes with Rosreestr
It is worth making an important point before you start a conversation about a complaint against the Rosreestr. The prosecutor's office is such a service, which is responsible only for civil rights. That is why in case of difficulties with contracts, documents, services and other aspects that affect the functioning of Rosreestr, it is worth contacting the leadership of this institution directly. In addition, some issues, such as the cancellation of agreements, are considered solely by the court.
Causes of complaints to the prosecutor
However, this does not mean that in disputes with Rosreestr the prosecutor’s office is deprived of authority, as a number of reasons for filing complaints are very wide:
- Transfer of the citizen's personal data to third parties by Rosreestr employees.
- Transfer to anyone of a citizen’s documents without his permission.
- Conducting a particular operation with the property of a citizen without his knowledge.
- Illegal manipulations with documents of a citizen.
- A citizen was the victim of fraud by the organization.
- Ignoring the Rosreestr’s management’s earlier complaints of a citizen on other occasions or the answer in the form of an appeal containing insufficiently serious requirements regarding registration actions; especially if it concerns a complaint to Rosreestr about the actions of the manager.
- Failure to comply with the registration deadline for a citizen's request for the provision of any public service.
- Deviation from the terms of service.
- Requirement from the applicant of those documents that are not provided for by regulatory legal acts of the Russian Federation for the provision of the corresponding public service.
- The organization’s refusal to accept documents, the presentation of which is justified by official papers to provide any service; a complaint about the actions of Rosreestr will in this case be fully substantiated.
- A requirement from the applicant for a fee for a public service that is not provided for in regulatory enactments.
- Refusal to provide public services on grounds not prescribed in federal laws and related legal acts.
- Refusal of the organization and its officials to correct errors and typos in the issued document providing any public service, or violation of the accepted term for such corrections.
Complaint against the bankruptcy trustee in Rosreestr
The ability to complain about the actions of the arbitration manager is regulated by Art. 60 FZ, while only participants in the process are allowed to go to court. However, you can complain not only to the courts.
Compose a complaint according to the generally accepted model and rules. It should have an introductory, descriptive and demanding part with details. The introductory part indicates where the complaint is sent, details of the participants, addresses and names are included. It is important to indicate the number of the bankruptcy case for which the appeal is made.
The main or descriptive part reveals the essence of the case, refers to the unlawful actions of the arbitration manager (we need links to violated articles of the law). The demanding or resolutive part shall indicate the authority of the body and the requirements of the applicant. It is important to indicate the articles of the law that require sanctions.
Step-by-step complaint instructions
To file an appeal with the prosecutor, you need to correctly compile it. In any complaint addressed to this system of organs, three parts are distinguished.
The title, which contains data on the parties to the dispute. They are recorded in the upper right corner of a sheet of A4 format and include:
- information about the prosecution office that accepts the complaint, its full name and address;
- data on the authorized person; surname, first name, middle name and title of department head are indicated here;
- information about the applicant, including the last name, first name and patronymic, contacts, the place where he is registered;
- information about the department, because a complaint about the Rosreestr is filed with the prosecutor.
The information part, or body of the complaint. It describes the citizen’s appeal and all the information that needs to be brought to the attention of the prosecutor’s office. This part contains:
- the reasons on the basis of which there was a conflict with Rosreestr, its detailed description, the development of events before filing a complaint with the prosecutor's office;
- a description of the citizen’s attempts to resolve the situation peacefully and the response given by the Rosreestr leadership to the desire to establish contact and resolve the issue without contacting law enforcement agencies;
- citizen requirements for prosecutors and their explanation from the standpoint of the laws of the Russian Federation.
Conclusion - a specific section, which may include additional information of various kinds. Here you must specify three things:
- an inventory of all papers attached to the application, which are case materials or evidence;
- citizen signature;
- the date the complaint was filed with the prosecutor.
Writing a complaint to Rosreestr is somewhat easier.
When writing a complaint, there are three main rules to remember: do not use profanity and insults in its text, indicate only reliable information and express your thoughts as clearly as possible, using a business style of writing.
There are three ways to file an application with the prosecutor:
- personal appeal, in which only a passport is required;
- sending your representative, and then you need a power of attorney and the document prescribed in it, as well as a copy of the identity card of the citizen submitting the application;
- sending an application using the “Russian Post” using a registered letter with a notice of its receipt.
The term for consideration of complaints to the prosecutor
Typically, the prosecutor's office takes thirty days to review a complaint against Rosreestr. During this period, its employees can engage a citizen in various kinds of examinations and checks, request his documents. Subject to all these requirements, the proceedings can proceed faster than in thirty days. When the deadlines are exceeded without reason, this may become a reason for filing a complaint, but now on the prosecutor's office itself.
There are also cases in which the prosecutor's office is legally entitled to extend the verification period by another thirty days. But for this it is necessary to draw up a special act, where the reason for the increase in the term should be fixed. The citizen who filed the complaint must familiarize himself with this act. Sixty days is the deadline for the prosecutor’s office to consider a citizen’s complaint against Rosreestr. The audit should end by sending the plaintiff an official letter with a detailed report on his complaint.
So, you can file a complaint against Rosreestr. But how much to wait for the result? This will be discussed below.
What to do if there is no result?
Sometimes there are times when even the prosecutor’s office cannot help and give a certain result. There are two reasons for this:
- during the verification process no violations were detected;
- during the inspection, violations were found, but the Federal Service for Register did not take any measures to eliminate the problem.
Complaints to the Rosreestr of the Moscow Region are often based on this.
Court appeals
Both cases imply only one way out - going to court with a lawsuit. The way it is filed and the form are similar to a complaint sent to the prosecutor. After the citizen appeals to the relevant authorities, the trial will begin, repeated checks will be carried out. In addition, the statement of claim must be accompanied by a response from the prosecutor's office - an official letter justifying her disagreement with the decision of the citizen (in the event that she could not detect violations).
Statements of citizens are considered by the arbitration court, unless they are legally assigned to the scope of other instances. They must be submitted within three months after violations and infringement of interests have been discovered. If this term was missed due to good reason, the court may take this into account and take it later.
So, we examined how a complaint is filed with the Federal Registration Service.