All branches of the prosecutor’s office of the Russian Federation have a unified procedure for considering appeals from both legal entities and individuals, as established by law. Including there is a deadline for the inspection.
Any person has the right to contact the prosecutor's office if he believes that he has somehow violated his rights or they may suffer in connection with a certain activity of other persons. The prosecutor's office of the Russian Federation has obligations to monitor compliance with the law and eliminate violations that could lead to violation of the law.
For the correct preparation of the application, you may need to consult a lawyer, which will help in ensuring an early study of the circumstances of the case and resolving the situation.
Consider the deadline for considering complaints in the prosecutor's office.
Duration of consideration of application or complaint
Each citizen of the Russian Federation, a person who does not have citizenship, an official, a foreigner has the right to apply to the prosecutor's office of the Russian Federation and at the same time count on a uniform time frame and procedure for considering such an appeal. The application can be submitted both in writing and in electronic form.
Any appeal of a citizen, regardless of its nature and form, must be subjected to preliminary consideration, after which one of the decisions listed below will be taken, and the applicant will be obligatorily notified of the result of the consideration.
There is a specific procedure and deadline for considering complaints in the prosecutor's office.
What can happen to the appeal?
So, the appeal can:
- Return to applicant.
- Accept for permission.
- Attach to a similar or earlier treatment.
- Leave without permission.
- Leave without consideration.
- Send to another subordinate body.
- Submit for permission to the subordinate body of the prosecutor's office.
The term for considering a complaint in the prosecutor's office is of interest to many, since citizens quite often turn to this authority.
About decision
In the considered application, one of the decisions that are approved in the special instruction will be taken. And the applicant will be notified of the decision. The appeal can:
- send by jurisdiction or for consideration to a lower body of the prosecutor's office;
- to satisfy in whole or in part to protect the interests and legal rights of the person who has applied;
- clarify upon the requirements specified in the appeal;
- to reject, if the requirements specified in the appeal are unreasonable, if the audit has refuted the facts of any violation of the law.
How are the dates calculated?
There is a division of the terms of consideration of applications in the prosecutor’s office into shortened and general, depending on the need to send requests, verify facts, obtain additional information from the applicant and witnesses and other actions taken to successfully resolve the issue.
30 days
Appeals of citizens are considered within a certain time. Many of them do not require an urgent response, so the standard period of 1 month applies to them. So, this deadline for considering a complaint at the prosecutor’s office is:
- requests of the Public Chamber;
- officials;
- federal and deputy requests that do not require immediate resolution;
- appeals of citizens of the Russian Federation, foreigners, including persons without citizenship;
- requests of military personnel with their families.
15 days
Statements that do not need additional checks, appeals of human rights ombudsmen, parliamentary inquiries, appeals of deputies of legislative bodies are considered for a period of 15 days.Do these dates only exist?
Without delay
Applications that require immediate action are considered urgently. It is possible to extend the period for consideration or resolution of applications at the request of the prosecutor or his deputy no later than three days before the end of the control period for consideration.
What is the term of consideration of a complaint by the prosecutor? Article 12 of the Federal Law No. 59-FZ regulates these terms.
The deadlines for resolving applications and considering applications that are taken under special control by the General Prosecutor's Office are set in a separate order. About them later in the article.
Criminal proceedings
Complaints executed in accordance with the criminal procedure function shall be examined within three days.
If the deadline that has been set aside for consideration of a complaint falls on a holiday or a day off, then it is automatically postponed to the first working day immediately following the day off.
Documents
The documents governing the time for consideration of a complaint by the prosecutor's office are the Federal Law, the Code of Criminal Procedure, the Civil Code of the Russian Federation, and the Instruction on the Procedure for Considering Citizens' Appeals.
The time limit for consideration shall be considered only from the moment of registration of the appeal in writing. That’s why the best way to file a complaint is to make an appointment, because if you put the application in the receiving box or send it by mail, it can be registered a few days later.
The person applying for the application must be notified by the supervisory authorities of any delay and its reasons without fail. Applications that are inaudible, repeated, anonymous, and those against which repeated checks have already been carried out are not subject to consideration, the results of which the applicant was notified, and new facts are missing.
An applicant who, for whatever reason, is not satisfied with the result of the consideration of the application, has the right to make an appointment and explain the essence of the requirements orally.
The time period for considering a complaint in the prosecutor's office depends on many factors.
Appeals of citizens not receiving consideration
Almost all letters from citizens sent to the prosecutor’s office are subject to review. After the prosecutor has familiarized himself with the statement, a decision is made on further proceedings on it, without going beyond the established time limit. But still, some statements may:
- Return to the applicant, indicating the reason.
- Do not accept for consideration for objective reasons.
- Redirect in order to conduct an audit in local government or law enforcement agencies.
- Transfer to a lower body of the prosecutor's office.
In order to avoid redirecting the letter to other instances, first you need to independently contact the leadership of the organization whose activity was the reason for the complaint. An appeal to the prosecutor should, after refusal, resolve the contentious issue locally.
The term for consideration of a complaint by the prosecutor in civil cases is longer than in criminal cases.
Appeals from citizens may be left without a corresponding response from the prosecutor's office if:
- It does not indicate the address and surname of the applicant. The prosecutor’s office leaves anonymous letters unanswered, except for those that contain information about a possible upcoming or already committed crime. Such statements can still be verified in order to investigate circumstances in law enforcement agencies.
- There is not enough information to resolve the issue, the text is illegible and impossible to read. In such cases, the prosecutor’s office sends a written response to the applicant in seven days with a request to clarify his appeal, re-appeal or supplement it with facts.
- There is direct citizen intervention in the area of responsibility of supervisory authorities. Within 7 days, the author of such a letter receives an answer with explanations.
- The text of the appeal contains a threat to the lives of employees or other persons, as well as profanity. In this case, the applicant receives a letter warning about the inadmissibility of abusing the right to apply to supervisory authorities. In some cases, the addressee may be held liable. Then the deadline for handling complaints is not taken into account.
- The statement (the prosecutor’s office has the right to conduct an assessment itself) is illogical and meaningless, and the applicant himself has been declared legally incapable in the prescribed manner.
- A statement containing the citizen’s repeated appeal to the prosecutor’s office, which has already been investigated on the fact of the appeal, in the absence of new facts in the case.
- In order to consider appeals, it is required to explain to the applicant the decision made by the prosecutor. In such cases, the applicant is indicated on the possibility of appealing the decision in court or in a higher court.
- The message is anonymous and contains threats or slander against others. The prosecutor’s submits such statements to the police in order to identify the addressee and bring him to liability under the law. It also does not take into account the time period for considering a complaint at the prosecutor's office of the Russian Federation.
- If the requirements of a complaint or a citizen’s application do not fall within the competence of this supervisory authority and can be resolved by another institution or organization, then such an appeal shall be submitted to the relevant authority for consideration. The applicant is notified within 7 days from the date of registration.
- Including, a statement can be sent to a lower supervisory authority if it has not been previously verified, or to the police department if the letter contains information about a criminal offense.
- Before sending a written appeal to the prosecutor, you should make sure that the hearing of your complaint is within the competence of the prosecutor. Maybe for this you need to consult with a lawyer, he will also be able to find out the time period for considering a complaint at the prosecutor's office.
Prosecutor's response
The prosecutor's office sends a response after conducting a comprehensive investigation of the appeal. In any case, the applicant will receive a letter signed by the prosecutor. Only complaints and statements left anonymously remain unanswered; this has already been said.
The audit is considered completed if all the issues indicated in the application have been considered. The results of the proceedings that have been held must be notified to the applicant. If a prosecutor’s submission is made, the applicant is required to explain when and where he can be acquainted with the result of the execution of the prosecutor’s verdict.
In the case of a collective application, the answer can be sent to all applicants or to the one indicated first. This citizen will need to bring to the attention of other participants in the application information about the verification.
The time period for considering a complaint in the prosecutor's office in a criminal case is described above.
About the procedure for consideration and resolution of appeals and reception of citizens
The current legislation provides for the right for citizens to appeal the decisions and actions of officials and the court that conduct criminal proceedings.
If a citizen complained to the wrong institution, for example, to the prosecutor’s office instead of the police department, then she must forward the complaint by affiliation within 7 days, at the same time notifying the applicant in accordance with clause 3.3 of the instructions and explaining where to go. The notice must be signed by the appropriate official.
What is the term of consideration of a complaint by the prosecutor? When contacting the wrong address within 7 days from the date of receipt of the complaint, it should be sent to the appropriate authority and the applicant should be informed about it. The notice shall be made in writing by post.
The timing of the consideration of citizens' complaints by the prosecutor's office must be taken into account without fail.
Can a complaint be left without notice and permission?
According to paragraph4.12 instructions correspondence should cease, if there are no new arguments, then what is stated is already fully verified. Also, according to the above, an answer is given in the prescribed manner. The motivated opinion on the termination of correspondence must be given by the executor. The author receives even before the expiration of the appeal, a message from the artist about this. When the correspondence has already been stopped, and the author sends a new appeal without additional arguments, the correspondence does not resume. In this case, the contractor informs the sender in writing.
Is it possible to resume correspondence? If there are no more reasons why the correspondence was stopped, then it is resumed. But if there is new data, the verification established by the instructions is again carried out.
The time period for considering a complaint in the prosecutor's office for administrative cases should be taken into account.
Can the applicant review the verification materials when the complaint is completed?
At the request of the applicant, he may be given the opportunity to familiarize himself with documents that affect his freedoms and rights.
What is the deadline for considering applications? Complaints, applications and suggestions of citizens must be resolved within 15 days from the moment they are received by the prosecutor's office, but if additional verification is necessary, the period increases to 30 days, but no later, according to paragraph 5.1 of the instructions. But there is also a clause providing for cases when the federal law establishes a different term. According to the Code of Criminal Procedure of the Russian Federation, the maximum period for considering complaints is 10 days. The main documents governing the time for consideration of a complaint by the prosecutor’s office have been considered.