The submission of the officials of the prosecutor's office is subject to civil appeal, that is, you must file an application with the court to declare the submission of the prosecutor invalid.
Instructions
Step 1
According to clause 1 of article 24 of the Federal Law of 17.01.1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation", the prosecutor submits to the official authorized to eliminate violations an idea of the violations taking place, this submission is subject to immediate consideration. This means that within a month from the date of submission of the submission, you are obliged to take specific measures in order to eliminate existing violations of the law and report this in writing to the prosecutor.
Step 2
Modern legislation does not provide for the procedure for appealing against the presentation of the prosecutor, but based on Articles 3 and 245 of the Code of Civil Procedure, anyone can, in the manner prescribed by the legislation on civil proceedings, apply to the court in order to protect their rights and legitimate interests.
Step 3
True, according to clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 10.02.2009 N 2, officials whose decisions can be challenged in accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation include persons who temporarily (including special powers) act on behalf of federal state authorities, other federal state bodies who made this decision, who committed this action, which are binding and affecting the rights and freedoms of citizens and organizations that are not in official dependence on these persons.
Step 4
In addition, there are so-called officials, which include those whose actions cannot be challenged in the course of criminal proceedings and in the course of proceedings in cases of administrative offenses.
Step 5
Decisions and actions of state authorities, state and municipal employees, local governments, officials that you can challenge in civil proceedings include decisions and actions in which the rights and freedoms of citizens are violated. These may be cases when a citizen was unlawfully brought to justice or also unlawfully imposed on him any obligation, or barriers are created for the citizen to exercise his rights and freedoms.
Step 6
From all of the above, it follows that if you have received a presentation from an official of the prosecutor's office, appeal it in the civil procedure. Moreover, you can do this regardless of whether you are an individual or a legal entity.
