All Complaint Samples: Complaint Samples

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

How, where and what do they complain about? The concept of a complaint is widespread in Russian legislation. Now you can find sample complaints for any reason. But still there are problems of correct drafting, submission of such paper, and the expected result.

What is a complaint

This is a statement about the illegal actions of a citizen or organization with a demand to eliminate violations and their consequences. The requirements for a complaint depend on where it is sent:

• to a public authority;
• municipal authorities;
• to the police;
• to the prosecutor's office;
• to court.

On the websites of almost all government agencies there are explanations for writing applications, samples of complaints, it remains only to fill in correctly. No one wants to waste time on papers that need to figure out something else, wasting time.

Complaints are also written to the President. He is the official who handles complaints about any action. Exceptions are court decisions, sentences, actions of law enforcement agencies in the framework of criminal proceedings or bringing citizens to justice.administrative responsibility.

The specific function of the President is to consider applications and complaints from citizens on issues of citizenship. He is the chief official responsible for this area of activity of the authorities. Therefore, before taking the first complaint samples that come across, you should figure out which law they fall under and what needs to be taken into account.

For example, such a complaint has its own characteristics - the inaction of bailiffs. The sample is often located at the control stand.

But you need to understand that inaction or violation of the law has a variety of forms.

Citizen's rights in this area

Anyone has the right to make acquaintances:

• With the results of the complaints.
• With complaints from 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 secrets).
• With a response to your appeal within the time limits prescribed by law.

Maybe he complains about the response of a government agency or official. Writing an application for an unlawful response or other violations in connection with previously submitted complaints is allowed in the order of subordination or in court.

Time to file a complaint is 30 days, extended if necessary.

What not to do

It is forbidden to write insulting letters, threaten them withharm to he alth or property, as well as to relatives or close people of officials. Such requests may not be answered. In addition, materials may be forwarded to the police for appropriate response.

No reply will be given to letters that do not reveal who wrote it or where to send the reply. If a complaint is received that has already taken place, it is returned back with an indication that it is impossible to give repeated answers to the same appeals.

Text must be legible or the applicant will be automatically rejected.

Papers that are not signed by anyone are not considered. If the question concerns a serious crime, corruption, the papers are immediately transferred to the prosecutor's office, the Investigative Committee, the police or the FSB. Usually everything is sent to the prosecutor's office, from where the materials are transferred according to jurisdiction. Sample complaints for almost any case provided for by law can be found on specialized resources.

How a complaint is decided

If we are not talking about a trial, a criminal case, then there is a general procedure for considering and deciding on complaints.

The official or body that received such a paper is obliged to request 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 links or attached documents with refuting evidence.

Where to complain

Complaint sent to orchain of command, or to court. Now applications against officials in court are considered in accordance with the rules of the CAS. Before the court, you should contact the prosecutors. They are responsible for the legality of citizens' appeals and must decide on the illegality of the actions of officials or representatives of organizations.

Litigation, deadlines, statement

Application to court officials is now written in accordance with the norms of the Code of Administrative Offenses, with the exception of criminal cases, materials under the Code of Administrative Offenses.

3 months are given to send papers to court, except as prescribed by law. For example, a complaint about the inaction of bailiffs, a sample of which is given above, must be processed within 10 days. A similar period is prescribed for refusing a public event and other cases.

If complaints were previously filed with other authorities having the appropriate authority, and the answer was not given in time, the citizen may request to restore the period before starting the process. The paper is compiled as follows.

• instruction of the court (the plaintiff complaining about officials has the right to choose the institution closest to the place of residence);
• information about the defendant (name, address);
• what rights have been violated or what are the obstacles to their implementation;
• arguments, evidence, it is advisable to refer to regulations;
• a request to the court (recognition of actions or inactions as illegal, a request to take specific actions, etc.);
• request for the collection of evidence, the appointment of an examination andetc.
• list of attached documents;
• signature, date.

No fee is payable for such claims and it is illegal to claim it.

Often, more than one sample of a complaint is used for preparation, in particular against a bailiff. Violations are very diverse even in one area.

Private Complaints Proceedings

Private Complaint – a statement requesting that an interlocutory decision of a judge in a case be reversed. If the claim is left without progress if the claimant fails to pay the fee, the latter is given a period to pay the amount on the receipt.

The refusal of the court to appoint an examination, the suspension of proceedings is also the basis for filing a private complaint.

The deadline for filing a complaint is 15 days from the moment when it became known about the decision of the judge in the meeting or the papers arrived by mail. A private complaint against a court ruling (a sample is often located on the website of the authority) is drawn up according to the general scheme:

• name of the court competent for the appeal proceedings;
• indication of the parties to the case;
• determination that is being appealed (date, title, case number);
• arguments, evidence supporting them;
• a request to the court (cancel, change, resolve the issue at its discretion).

The court of first instance sends copies of the complaint to the parties with attached materials, waits for feedback, and then sends it to the appellate instance.

If you failed to achieve a result in court

How it's servedcomplaint against a district court decision? The sample is provided by a lawyer based on his experience.

Materials are transferred to the court, which made a decision that did not satisfy the plaintiff. They check the compliance of the appeal with the law and send it to the authorities. 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;
• party to the case (name of organization, full name of individual, address);
• date of decision, number of case being appealed;
• indication of violations, arguments confirming them;
• request to the court (cancel, change, make a new decision);
• description of attached documents;
• applicant's signature, date;
• copy of power of attorney;
• copy of the diploma of a representative of a lawyer, if he is not a lawyer or prosecutor.

In the appellate instance, the judge checks the complaint for compliance with the law, then it is considered by the panel of judges.

Supreme Court Complaint Template will come in handy if appeals don't work. After it remains the presidium of the city, regional, regional, republican court. If this has no effect, the appeal is sent to the Supreme Court of the country.

Refusal to open proceedings on a supervisory appeal may be canceled by the chairman of the Supreme Court of the Russian Federation or his deputy. Further consideration begins in this court. Having accepteddecision to reclamate the case, the judges make a new decision on it. Rarely, when they complete the process, the materials are again sent to the first or appeal instances, depending on what violations there were in the case.