How To Appeal The Prosecutor

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How To Appeal The Prosecutor
How To Appeal The Prosecutor

Video: How To Appeal The Prosecutor

Video: Appealing a Court Decision 2022, December
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The main activity of the Russian prosecutor's office is supervision over the observance of the rule of law. Without a doubt, the prosecutor's office is the most important oversight body in the country, but what if the prosecutors themselves begin to break the law or simply do nothing in the presence of flagrant violations of the law? According to the general rule established by Art. 10 of the Federal Law "On the Prosecutor's Office of the Russian Federation", any action or inaction of the prosecutor, as well as the decision made by him, can be appealed to a higher prosecutor or in court.

How to appeal the prosecutor
How to appeal the prosecutor

Instructions

Step 1

To appeal against the actions of the prosecutor, a complaint should be prepared, in which, in a free form, it should be stated in detail how the violation of the law on the part of the prosecutor's employee is expressed. To be more convincing, copies of the available documents and the prosecutor's answers should be attached to the complaint.

Step 2

In order to ensure a faster and better check on such a complaint, it is necessary to describe in detail the problem that has arisen. Indicate specific dates, addresses, as well as the correct name of the prosecutor's office and the name of the official working in it who violated the law.

Step 3

If violations of the law were committed by a district prosecutor, then a complaint about these violations should be addressed to the higher prosecutor's office of the corresponding constituent entity of Russia. If the law is violated by officials working in the prosecutor's office of the subject of the country, then the complaint should be sent to the General Prosecutor's Office of Russia. Such a complaint can be addressed both directly to the Prosecutor General and to his deputies who work in the respective federal districts.

Step 4

Also, prosecutorial decisions and actions (inaction) can be appealed to the court at the location of the prosecutor's offices, in which offenders prosecutors work. The judicial procedure for appealing against violations of the law by prosecutors may have its own specifics in each individual case.

Step 5

Thus, the appeal to the court of violations of the law by prosecutors in the course of their supervision over the investigation of criminal cases is provided for by Article 125 of the Criminal Procedure Code of the Russian Federation. The right to appeal to the court against actions (omissions) and decisions taken by prosecutors that are not related to criminal proceedings is enshrined in Article 254 of the Civil Procedure Code of the Russian Federation. In this regard, when preparing a complaint to the court, one should refer to the cited norms of legislation regulating the criminal procedure and civil procedure procedures for appealing.

Step 6

It should be noted that an appeal to a higher prosecutor of violations of the law committed by prosecutorial officials of a lower level is not an obstacle to filing a corresponding complaint with a court.

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