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.

Instruction

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.