You will need
- - the Prosecutor:
- - the text referred to in this law;
- address of the superior Prosecutor's office.
Consider the protest. Usually about the appeal of the Prosecutor's protest, not a speech. It can be meet or not to meet. In any case, the law provides a ten-day deadline for taking action. However, the Prosecutor may set up and less time for consideration. If the protest submitted for decision of the representative body, deputies should consider it at the next meeting.
Send to the Prosecutor the answer. This must be done on the same day, when it is considered a protest. In exceptional cases it is possible to send the answer the next day. Justified delay can be solely the lack of technical capabilities to answer in the day of examination. If you decide to dismiss the protest, the Prosecutor can solve this question through court.
To withdraw the protest is only entitled to the official who sent him. In this case, the Prosecutor or his Deputy. The reason for this step could be a change in the law. Can change the opinion of the Prosecutor, for example, if you opened some new circumstances in the case. To withdraw the document before its consideration.
The reason for the appeal may be mismatched protest the prescribed form, the lack of references to relevant legal provisions, as well as the intervention of the Prosecutor in matters not within its competence. For example, the city or the district Prosecutor may appeal against the decision of the district representative body or local self-government bodies of rural or urban settlements. To appeal the decision of the regional legislative Assembly, he has no rights. This should make the regional Prosecutor.
To appeal the protest through court or administrative order. Refer the complaint to the judicial authority for the location of the attorney. Prepare to be that your claim will reject. In practice, in judicial decisions on such matters usually stated that the protest is an act of prosecutorial response, not an offensive act. Challenged can only be deviant act, and he may be declared invalid.
Much more effective may be an appeal to a higher Prosecutor. Please refer to the following in order of subordination of the Prosecutor. Demand to consider a submitted complaint or petition on the merits. The name of document, item of the law, which brought the protest. Formulate their objections. They should be supported by reference to relevant legal provisions.
Advice 2 : How to appeal against the Prosecutor
The view of officials of bodies of Prosecutor's office of appeal in civil proceedings, that is, you must file with the court a statement of acceptance of the submission of the Prosecutor is invalid.
According to paragraph 1 of article 24 of the Federal law from 17.01.1992 N 2202-1 "About office of public Prosecutor of the Russian Federation" the Prosecutor makes an official authorized to eliminate violations, the idea of having violations, this view is subject to immediate review. This means that within one month from the moment of entering the submission, you are required to take specific measures to correct existing violations of law and report it in writing to the Prosecutor.
The current legislation does not provide for a complaints procedure for the submission of the Prosecutor, but on the basis of article 3 and 245 of the code of civil procedure, any may in the manner prescribed by the law on civil proceedings to go to court to protect their rights and legitimate interests.
It is true according to paragraph 3 of the Resolution of Plenum of the Supreme Court No. 2 from 10.02.2009 officials, whose decisions can be challenged in accordance with Chapter 25 of the RF CPC are persons who are temporarily (including a special permission) speak on behalf of the Federal bodies of state power, other Federal state bodies that took this decision, has made this action that is binding and affect the rights and freedoms of citizens and organizations that are not in the office depending on these individuals.
In addition there are so-called officials, which include those whose actions cannot be challenged in criminal proceedings and proceedings on cases of administrative offences.
Decisions and actions of public authorities, state and municipal employees, local governments, officials who you can challenge in civil proceedings include decisions and actions that violated the rights and freedoms of citizens. This may be cases when a citizen was illegally prosecuted or the same was illegally laid on him any duty, or are the barriers to the implementation of citizen's rights and freedoms.
From the above it follows that if you made the submission from officials of the Prosecutor's office, appeal against it in civil proceedings. And you can do it regardless of whether you are a physical or legal entity.