Many citizens are interested in the procedure for handling complaints. Often it turns out that you have to go to court for this. Of course, at this moment certain rules and regulations appear that have to be followed. They are regulated by Art. 125 of the Code of Criminal Procedure of the Russian Federation. What is written in this law? What are the rules in Russia regarding the consideration of complaints in court? It’s not so difficult to understand everything if one sets a goal. In any case, the majority does not have any questions after studying the legislation and laws of the Russian Federation in this case.
Part 1
So where does it all start? With the fact that any acts committed by authorized law enforcement agencies and persons may be appealed. Especially if they are unlawful or may impede the investigation. Only have to act by law, in court. The actions of the prosecutor and other authorized persons who are capable of causing this or that damage to the constitutional rights and freedoms of citizens (it does not matter to anyone - the witness, the victim, or the offender directly) can also be appealed.
In Art. 125 of the Criminal Procedure Code of the Russian Federation indicates that in this case you need to apply to the district court at the place of commission of a particular act. In some cases, it is possible to file a complaint at the location of the authority to which it arrives. That is, either you turn to the district court where the act was committed, or to where the culprit is.
Who is served
Also in Art. 125 is also regulated by who exactly has the right to file a complaint in the manner prescribed by law. Indeed, not all citizens have such a prerogative. But only for some.
The applicant can appeal to the court. Or options are possible when a defender of a citizen, his legal representatives are involved in this case. You can contact either directly or through a variety of investigative bodies - through the prosecutor, the interrogating officer, the investigator or the head of the investigating authority. Nothing difficult, right? More often than not, of course, citizens try to file complaints personally. And they resort to intermediaries only in extreme cases. It is not known why this behavior is justified, but the fact remains.
Validity
Art. 125 of this Code of the Russian Federation also indicates the rules for the consideration of a complaint in a judicial proceeding. After a citizen or an authorized person has filed a petition with the court, a check must be passed.
Which one? According to the data published in Art. 125 of the CPC, the judicial authorities verify the legitimacy of the actions complained of. At the same time, certain terms are established that impose a restriction on this process. The thing is that, according to the law, only 5 days are allocated for judicial review from the moment a complaint is received. Such a rule is spelled out in Art. 125 Code of Criminal Procedure. In practice, to be honest, usually this process is delayed for a week.
All persons involved in the case are notified of the time limits for considering the complaint. The failure to appear at the hearing does not constitute grounds for rejection of the application. This is not an obstacle for the judiciary. Usually all complaints are considered in open session. With rare exceptions. They are prescribed in part 2 of article 241 of this code. In fact, the judicial review of complaints is indeed conducted through open sessions. No mystery or anything supernatural.
Orders
What's next? The complaint is written and filed. Moreover, the deadlines for holding a hearing on the case have already been set.Now what? According to Art. 125 Code of Criminal Procedure, then you need to judicially consider the application. How it's done?
There is nothing special in this process. Especially when you consider that most checks will already be carried out in advance. At the very beginning of the court session, the judge announces the reason for the investigation. What kind of complaint, by whom and why it was filed - all this should be announced publicly. Otherwise, the process cannot be considered to have begun. After all, such actions are carried out in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation.
Also, do not forget that the judicial authorities at the very beginning are obliged to explain to the parties their rights, obligations and responsibilities that may occur for any violations that impede the consideration of the complaint. Next, the word is given to the applicant. He must put forward a complaint, justify and explain it. After all participants in the case are heard. In the end, the applicant will have the right to speak. Usually this right is given at the end of the meeting. Maybe the complainant wants to withdraw the complaint. Then you can stop the hearing without making a decision. In practice, this is extremely rare. As you can see, Art. 125 of the Code of Criminal Procedure indicates all the nuances of a judicial review of a complaint.
Regulations
What's next? Now it is time to rule. Art. 125 of the Code of Criminal Procedure of the Russian Federation indicates that the judicial authorities at the end of the hearing have the right to make one of two possible decisions. It’s not so difficult to guess which options are possible.
Firstly, the complaint is dismissed. That is, it is recognized as unfounded, as a result of which the judicial debate process is stopped. And does not renew anymore. Yes, the applicant has the right to write a second complaint, but now he will have to obtain 100% proof of his innocence. Otherwise, problems will begin. And the main case will be delayed until someone writes complaints to someone and addresses them to the court.
Secondly, Art. 125 allows recognition of the actions of the investigating authorities as unlawful. That is, the complaint is satisfied. In this case, the judicial authorities should urge the offender to rectify the situation as soon as possible. Sometimes even exact restrictions are stipulated. The groundlessness of the actions of an official is also recognized as such in a similar situation.
Alert
Now the general principle of the process described in Art. 125 Code of Criminal Procedure. The complaint to the court, as you see, is filed and considered without any problems. If you have already dealt with court hearings, you will definitely notice: there is no significant difference between them and complaints.
But keep in mind: after the completion of the case, the court must necessarily inform about its decision. In writing. In this case, copies of the decision must be sent to the applicant, and to the prosecutor, and to the chairmen of the investigating authorities. Without it litigation Consideration of a complaint will be deemed invalid. More precisely, it will be violated. And then it is entirely possible that the complaint itself will be declared null and void.
Suspension
In the end, it is worth noting another very important fact, prescribed in Art. 125 RF (Code of Criminal Procedure). The production of an appealed action or the execution of a decision that has been appealed does not stop due to a complaint. Of course, unless the investigating authorities, as well as the prosecutor or judge / investigator, consider the suspension necessary.
In practice, this happens quite rarely. In principle, that’s all. Now we know the judicial procedure for the consideration of certain complaints. As you can see, there is nothing difficult or special about this. The process is not much different from a regular court session. Unless it is most often carried out in an open form.
Comments
An important moment in the legislation is a kind of clarification to each article. It is called a comment. And Art.125 of the Code of Criminal Procedure points out some nuances regarding our current issue.
For example, complaints are possible when they affect the constitutional rights and freedoms of citizens. That is, the process has a constitutional basis. In this case, you must go to court.
Also, a complaint can be submitted not only to one authority. According to modern laws, the victim has the right to file a petition to the court, as well as to the prosecutor and the interrogating officer at the same time.
Appeal
The last thing you need to pay attention to is that any complaint can be reviewed. True, also only in court. But there are some limitations.
For example, note: appeal is possible before the complaint is submitted to the courts of first instance. Parallel consideration of these petitions is, in the opinion of the Supreme Court of the Russian Federation, a direct violation, creating obstacles for making the right decision.
Therefore, if one or another court decision was made, it is necessary to appeal it as soon as possible. Nevertheless, in practice, the adopted resolution is practically not subject to correction.