The complaint is what? How to write a complaint correctly?

The complaint is a way to combat the violation of the rights of citizens and organizations that they face. Complain both on officials, and on actions of the persons who do not possess imperious powers. Hence the essential difference between the various statements.

Legislative regulation

In Russia, the complaint means a wide range of applications from citizens and all kinds of organizations. They are sent to the administrative bodies, to the police, the prosecutor's office, to the courts. Because of this, the rules for writing paper are significantly different.

To do everything right, it is necessary to pay attention to a number of normative acts, these are:

• Law on the applications of citizens.
• GIC.
• CAS.
• AIC.
• CCP.
• Law on the Prosecutor's Office.
• Provisions, instructions, resolutions, acts adopted by other bodies.

In addition, the practice of adopting administrative regulations has been established. They combine the provisions of different acts, contain sample documents and describe the order of actions of officials.

All of the enumerated normative acts are, in fact, the basis, which gives guidance for the proper compilation of documents.

General rules for writing

A complaint is an official paper and should look like that. The text is written on album sheets. When compiling actively use computers. Nevertheless, the law does not limit applicants the right to use the pen. The color of the paste also does not matter.

It is undesirable to allow corrections and deletions, but the official does not have the right to refuse to consider the application for this reason. It's another matter if you can not make out what you've written. It is equally important to observe the rules of spelling and punctuation, so that the text does not lose the meaning invested by the author.

A complaint that is not considered because it is impossible to read is allowed to be sent again. With the court, everything is different. The definition indicates that the statement is not so, given the time to correct the deficiencies. Not timely filed corrections will lead to the return of materials to the sender.

The author should be approached in a balanced manner to the volume of information. Excess of information or understatement makes the document meaningless. We must not forget that a complaint is a means to convey to the authorities its vision of the problem and the ways to solve it. A statement of dry facts and references to law is a significant part of success. At the same time, do not saturate the text with emotions.

How to apply correctly

A complaint is a document consisting of the following items:

• destination;
• sender;
• Interested parties (more often indicated in judicial documents);
• A statement of the circumstances, facts testifying to the violation of the applicant's rights;
• References to legislation (name, numbers, points of laws or regulations pertaining to the problem);
• Requirements (bring to justice, eliminate violations, commit specific actions);

Requests are formulated taking into account the authority of officials. The final requirements should not be mutually exclusive.

So, for example, the policeman does not interfere in the actions of the bodies of housing supervision, and vice versa. The applicant is explained where to apply to him in his case.

The author of the complaint signs under the text. Documents from whose content it is not clear who the author is, are considered anonymous and are not considered. The filing date is set.

If additional documents are attached, the text of the list is given below.

The filing of a complaint through a representative obliges him to present a power of attorney and attach a copy of it.

How to send papers to the addressee

There are three ways:

• By mail;
• personally;
• Through a representative.

In practice, there is a transfer of documents through a courier or a courier, but this is not permitted everywhere.

Letters through the mail should preferably be sent with a notification. This is the name of the card returned to the sender. It confirms the receipt of the letter by the addressee. The recipient places his signature.

The inventory with the attachment seems a more reliable option, but it's better not to do so. A notification is sent from the nearest post office to the addressee, the letter itself remains in the mail until it appears. Often, nobody takes the letters so they return to the sender. It does not matter if it's a complaint against a court decision or a paper of a different kind.

Mailings with the same notice are directly delivered to the destination organization.

A personal transfer is organized in the office according to the schedule. If there is a personal reception, often the application is transmitted directly to the official. On the copy, the person who signed will put his signature and date, confirming the acceptance of the application.

The representative acts by proxy. It is registered either at the place of residence in the management company, or notary.

Electronic complaints

In recent years, it has been possible to file a complaint through the Internet. True, in some cases, a digital signature is required to confirm the authenticity of electronic applications. For example, lawsuits are filed over the Internet.

On the website of the head of state, the materials are sent without additional requirements; similarly, the case is organized on the website of the Ministry of Internal Affairs, the FSSP, the prosecutor's office and some other services.

Features of appeals to the prosecutor's office

If the applications from citizens are of a general nature, they are covered by the Law on Citizens' Appeals.

The prosecutor's office is checking the decisions of officials, it does not replace other bodies. If no one has dealt with the problem yet, the documents are transferred by ownership. About what directly prosecutors report at the reception.

Within the framework of a criminal case, a complaint is allowed to either the prosecutor or the head of the investigative department or the inquiry agency to choose. The order of actions, the requirements for the complaint are stipulated by the Criminal Procedure Code. Passing through the listed instances, the applicant has the right to apply directly to the court.

How to contact the police, the SC and the FSB

The police accept complaints in the form of ordinary statements and about a crime. The first category concerns administrative offenses. Applications for crimes are recorded in a special journal. The author is warned about the responsibility for the false denunciation, which he writes with his own hand in the application. A ticket is issued for accepting the application. When he is admitted to the police, by the way, he is written by hand on a blank, so the police protect themselves from accusations of falsification.

A complaint or statement is not forbidden to be sent either by mail or through a representative if there is no possibility to appear in person.

It is advisable to report the crime to the body that will investigate it. If the information about the crime falls into the wrong place, the materials are sent for inspection to the proper person.

The complaint against the decision of the Inspector of the State Traffic Safety Inspectorate or other service is also submitted to the Ministry of Internal Affairs.

The actions of the officers of the committee and the security organs to receive complaints are identical to the algorithm of police actions. These issues are regulated by one law, departmental acts may differ. The difference between them is not essential.

Features of applications to court

Judges, unlike administrative bodies, police and prosecutors, work exclusively on the basis of statements. They are drawn up in the form of complaints, suits, representations (as are the complaints filed by prosecutors).

Registration depends on the form of production (criminal, civil, administrative, arbitration, materials on the Code of Administrative Offenses).

Further it is necessary to find out, in the world, district or arbitration court it is necessary to address the application. Otherwise, the error will lead to a missed deadline.

The time allotted to handling a complaint varies - from several days to years.

Procedural codes contain clear requirements for the content of applications. In a criminal proceeding, a complaint to the court is filed in one copy, without attaching documents. Of course, it is better to attach them. This will benefit both the court and the applicant.

Features of the appeal to the court in civil and administrative cases:

• Number of copies of the complaint and attached documents according to the number of parties;
• Statement of circumstances;
• Violations of the law;
• Payment of state duty (the amount is stipulated by the Tax Code).

The latter is not paid when filing complaints on administrative materials (CAO) and criminal cases. Benefits are provided to applicants for certain categories of civil and administrative matters.

To the extent that a complaint to a court is more effective, it is determined by the specific situation. Moreover, in Russia the decision of the first instance is appealed through a number of higher levels of the system.

Legal assistance

It consists of a number of points:

• The choice of acts to be followed;
• Facts that matter;
• Evidence that already exists in a person and which must be claimed.

The lawyer can explain how to write a complaint, or do it instead of the person who applied.

A mixed approach is widespread - people try to do everything themselves, resorting to consultations, where one can not do without it. Moreover, the Internet offers a wide range of resources on which lawyers offer their help in clarifying laws for free.

How to write a complaint is explained on the websites of state organizations, in particular courts. There it is directly suggested to download forms of complaints and applications. This is easier for citizens and officials alike.

In general, write a statement about the violation of their rights is easy, the information abound. If something does not work out, you can contact the specialists.