Tip 1: How to appeal the prosecutor's protest
Tip 1: How to appeal the prosecutor's protest
One of the main tasks of the prosecutor's office is to oversee compliance with the law. Protest is one of the forms of prosecutorial response. Proves its prosecutor or deputy. This document should contain the exact name of the authority to which the protest, title and articles of the violated law are submitted. The requirements must be clearly defined. It is also necessary to indicate the circumstances that gave rise to the protest. In some cases, the protest can be appealed.
You will need
- - The prosecutor's protest:
- - the text of the law mentioned in it;
- - the address of the higher prosecutor's office.
Instructions
1
Consider the protest. Usually there is no question of appealing against the prosecutor's protest. It can be satisfied or not satisfied. In any case, the law provides for a ten-day period for taking appropriate measures. However, the prosecutor can also set less time for consideration. If the protest is made on the decision of the representative body, the deputies should consider it at the next meeting.
2
Send the prosecutor an answer. This must be done on the same day as the protest is considered. In exceptional cases it is possible to send an answer to the next day. The delay can be justified solely by the lack of a technical opportunity to respond on the day of consideration. If you decide not to satisfy the protest, the prosecutor can resolve this issue through the court.
3
To withdraw a protest is only entitled tothe official who directed it. In this case, it is the prosecutor or his deputy. The reason for this step may be a change in the legislation. The opinion can also change prosecutor, for example, if some new circumstances have opened in the case. You can revoke the document only before it is considered.
4
The reason for the appeal may be a mismatchprotest in the established form, the absence in it of references to the relevant legal norms, as well as the intervention of the prosecutor in matters that are not within his competence. For example, a city or district prosecutor may appeal decisions of a district representative body or local government bodies of rural or urban settlements. To protest the decision of the regional legislative assembly, he has no rights. This should be done by the regional prosecutor.
5
Appeal can be appealed through the court or inadministrative procedure. Please file a complaint with the judicial authority at the location of the prosecutor. Prepare to be rejected by your claim. As practice shows, judgments on such issues usually indicate that the protest is an act of prosecutorial response, and not a non-normative act. A disobedient act can only be contested, and it can be recognized as null and void.
6
Much more effective may beappeal to a higher prosecutor. Refer to the following in order of subordination to the prosecutor. Demand to consider a complaint or a statement on the merits. Specify the name of the document, the point of the law, to which the protest is brought. Formulate your objections. They should be supported by references to relevant legal norms.
Tip 2: How to withdraw a complaint
From a legal point of view, a complaint is a methodprotection and restoration of the rights and legitimate interests of citizens against violations by the court by checking by a higher court. In judicial practice, there are often cases when there is a need to withdraw Grievance.
Instructions
1
Right to withdraw Grievance has any person. The complaint is returned at the request of the citizen who submitted it. If you have a need to recall Grievance, then you should consider the following:• The withdrawal of a complaint is made in writing only • The refusal is unconditional and irretrievable. The court accepts it without fail and its additional verification is not carried out • The court accepts and satisfies the withdrawal of the complaint if the decision of the court of first instance has not been appealed in advance by other persons. Grievance a citizen has the right at any time during the consideration of the case, until a final court decision is rendered.
2
To register a complaint, you need tocorrectly and competently draw up a statement. Jurisprudence does not tolerate superfluous words and extraneous phrases that are not directly related to the case. In order to be sure of the correctness of the application, it is necessary to seek advice from a specialist who will assist in drawing up an application for withdrawal of a complaint. Only a professional lawyer with experience can decide which evidence is needed to strengthen the position of the recall and what legislative tricks can be used in court.
3
This application can be sent by mail orCarrying out the withdrawal of the complaint, you need to remember that no court costs will be reimbursed to you (state duty, specialist services, etc.). Also, you should know that recalling a complaint or protest is tantamount to failing to do so. Therefore, you have every right not to explain to the court the reason for your recall.
Tip 3: How to write a protest
Local authorities decided to build a hypermarket onterritory of a forest park or demolish a monument of architecture for the construction of a gas station? It is difficult to resist these actions to ordinary inhabitants. But it is worth at least to write a letter protest.
Instructions
1
Find as many as possible like-minded people willing to openly subscribe to the letter protest. Address with an appeal in the media, leaveinformational messages on social networks, if possible, make a separate page on the Internet, post ads on poles, walls, doors of entrances, etc. (in case this is not prohibited), walk through the apartments. Try to enlist the official support of prominent political and public figures, human rights activists, cultural figures.
2
Decide on the addressee of your letter. Do not overdo it and do not "jump over your head". If you protest because of the alleged opening of a beer hall in front of the school in the town of Maly Chernushki, you should not immediately contact the President of the Russian Federation or the United Nations. First of all, it will be enough to apply to the head of the district or the mayor of the city.
3
Compose the text of the letter. Specifically, clearly and reasonably state your demands, charges and grounds for protest. Refrain from insults and obscene languagevocabulary. Arguments such as "Ivanov - a goat!" And "All of them crooks!" Are unlikely to help you. Armed with expert assessments, the results of sociological research, etc. Describe possible unpleasant prospects, which, in your opinion, may entail a phenomenon or action, against which you protest. Do not allow any direct threats. Especially do not threaten with mass riots and measures of physical violence. Remember that even if you intend to organize a share in addition to a letter protest, this action should be carried out in accordance with the norms of the current legislation. Otherwise, you will simply find yourself behind bars.
4
Sign the letter protest. In the signature, in addition to the full surname, name andpatronymic, should also indicate the occupation, length of service, etc. For example: Ivanova Varvara Petrovna, teacher, writer, member of the Writers' Union of Russia, co-chairman of the Public Committee for the Protection of the Family, Berdyayev, Russia. Or "Petrova Marya Timofeevna, ZZ of the year, mother of two children, housewife." Of course, all signatures must be genuine. Especially the signatures of famous people, otherwise your protest will only lead to a scandal with legal proceedings in the end.
5
Send the letter to the addressee. It will be very effective to send the letter in an open manner - that is, to publish the text of the letter protest in the media to attractattention of as many citizens as possible. Only in this case you can be sure that representatives of the authorities will not at all ignore your letter. The further actions determine on the basis of the reaction received from the authorities to your protest.
Council 4: How to appeal the decision of the prosecutor's office
One of the advantages of the existing institution for the protection of human rights and freedoms is the possibility of appealing against the actions of persons exercising oversight of the rule of law - prosecutors.
Instructions
1
The function of the prosecutor's office in the Russian Federation is to ensurecompliance with the law, as well as the rights and legitimate interests of all citizens. However, employees of this body can also make mistakes and make illegal or erroneous decisions, condoning violators of the law. Most often, the need to appeal decisions of the prosecutor's office is required in the event of an incorrect decision to initiate a criminal case or refuse to initiate a criminal investigation, refusal to recognize a person as a victim, whose rights have indeed been violated. There are two options for appealing against decisions of the prosecutor's office - in judicial or pre-trial order.
2
To appeal against the decision taken by the prosecutor inpre-trial procedure, you will have to apply to the higher authority of the regional prosecutor's office. If you are not satisfied with the actions of the district or city prosecutor, you can apply with a written complaint to the prosecutor of the RF subject in which you live. If, however, justice was not achieved there, feel free to write a letter to the General Prosecutor's Office of the Russian Federation. The complaint must be dated and signed by you personally. Do not forget to mention your full name, residential address and contact phone number.
3
The court order is a filingapplications with a complaint to the judicial system of the Russian Federation. You will have to make two copies - one court will take, the second will return you with a note on the date of acceptance for consideration. In the application, describe in detail what actions of prosecutors you consider to be inconsistent with the law and violate your rights, indicate the position and full name of the responsible prosecutor, the date of filing the complaint with the prosecutor's office (if that preceded the application to the court) and attach a copy of the answer received. If you have on your hands other documents proving the illegality of the actions of the prosecutor, their copies should also be attached to the complaint.
