The right of a citizen to appeal against the actions of officials. An administrative claim against the actions of an official. Ask a question to a lawyer to appeal against an official’s failure to act

Article 19. Appealing decisions and actions (inaction) that violate the right of citizens to hold a public event Decisions and actions (inaction) of state authorities, local governments, public associations, officials,

Appealing by citizens of actions and decisions of bodies executive power and officials violating their rights and freedoms In accordance with Art. 45 of the Constitution of the Russian Federation, everyone has the right to defend their rights and freedoms in all ways not prohibited by law; under Art. 33, citizens have

Question 209. Consideration by the court of cases on challenging decisions and actions that violate the rights and freedoms of citizens and organizations. A citizen, an organization has the right to challenge in court the decision, action (inaction) of a public authority, local self-government body,

Official person- a representative of the government who, within the limits of his competence, has the right to carry out certain actions and make decisions that are binding on citizens and organizations.

The legislation provides for the possibility of any person whose rights and interests are violated by illegal actions of an official, to appeal (challenge) such actions and compensate for the harm caused.

In practice, the filing of a complaint is usually due to the performance of actions by officials that:

• illegal, including going beyond the competence (authority) of a representative of the government;
• entail the publication of an illegal decision;
• are associated with unlawful infliction of harm (material, moral, health and life) or entail other Negative consequences violating legal rights and interests.

In most cases illegal actions officials are carried out by them in the framework of certain procedures or procedural rules, and they are illegal either by themselves or due to going beyond the competence of a representative of the authorities (excess of authority).

Submitting a complaint- one of the simplest options for protection. In addition, a positive decision taken on the complaint (its satisfaction) is the basis for the application of other measures of protection and compensation for harm.

What is the procedure for appealing against actions (inaction) of officials?

There are three main forms of appeal against actions (inaction) of officials:

1. In the order of subordination. The complaint is submitted to the name of the head of the official or to a higher authority in relation to him, if the action being complained about was authorized by the management or agreed with him.
2. In the order of administrative claim proceedings. In this case, it is not a complaint that is prepared, but an administrative claim, which is considered by a court of general jurisdiction or arbitration - in accordance with the rules of jurisdiction.
3. OK prosecutorial supervision... The complaint can be directed to the prosecutor's office for action prosecutorial response... This is a universal option, and with certain conditions the prosecutor's office has the right to independently apply to the court with a claim in defense of a citizen.

Basic rules for preparing complaints

Complaints are filed either on a subordinate basis or to the prosecutor's office. In this case, you can adhere to the same rules for preparing an application.

The complaint must contain:

1. The name of the instance where it is submitted - the data of the head of the official, his position, the name of the body.
2. Applicant's data (name, address, contact information).
3. The name of the document is "a statement on challenging the actions (decisions, inaction) of an official."
4. A detailed description of the violation - what exactly is being complained about, how it violates the rights and interests of the applicant, which norms have been violated (references to articles, provisions of regulatory legal acts), what negative consequences the violation entails for the applicant and other relevant information. If there are several violations, it is advisable to consider each separately.
5. Summarizing conclusions.
6. Applicant requirements, for example:

• recognize such and such (indicate which) actions of such and such (name, position, place of work) of an official as illegal;
• take measures to eliminate the violation (it is possible to specify which decisions (actions), in the opinion of the applicant, should be taken).

Complaints are prepared strictly in writing, but can be sent both in the usual form (in person, by mail, by a representative), and in electronic form. Electronic complaint services are available on the official websites of the relevant authorities. Here you can see and study in detail information about the specifics of contacting a specific authority - such information is required for publication.

It is possible, and sometimes necessary, to attach documents and other materials to the complaint, confirming its validity and the information to which the applicant refers in the application.

Administrative claims

For judicial consideration of complaints, a special administrative-judicial procedure is envisaged. And, in fact, it comes about the usual trial with the participation of the plaintiff (applicant) and the defendant (official), whose actions are being appealed.

When preparing a claim, special attention should be paid to its content (Article 125 of the CAS RF):

1. Name of the court.
2. Information about the plaintiff and the defendant.
3. Description of the violation.
4. Information about the resolution of the issue in the order of subordination, if such a complaint was filed.
5. Compliance Information pre-trial order settlement if required. For example, to resolve disputes with tax authorities and their officials, such a procedure is provided, and, in principle, it repeats the procedure for appealing to a higher instance.
6. Specific requirements for the defendant and petitions before the court. The requirements must correspond to the nature of the application and, in particular, can have the following formulations (specified individually):

• recognize the issued act in full or in part as invalid;
• recognize in whole or in part the action (decision, inaction) illegal;
• oblige the defendant to accept definite decision(to take certain actions) to eliminate violations that are the subject of the appeal;
• oblige the defendant to refrain from certain actions;
• establish the presence (absence) of a specific person and (or) authority of authority, on the basis of which the contested action was carried out or the decision was made.

The application shall be accompanied by documents and other materials in support of the claim and claims, as well as confirming the information (facts) to which the plaintiff refers.

Some nuances of appealing against the actions of officials

Only such actions of officials can be appealed that at the same time:

• illegal - violate the law or go beyond the competence of an official;
• violate the rights, interests, freedoms of the applicant.

There is no point in writing a complaint about actions that seem unfair to the applicant. But if they are illegal, then you can.

The complaint must be prepared by the applicant personally (on his own behalf) and concern such violations that affect his rights and interests. This rule does not apply to the claims of the prosecutor's office and its submissions regarding the elimination of violations.

The appeal requires a certain amount of legal knowledge, since the application must be drafted correctly, with references to laws, departmental and other regulations, it is logical to lead to the conclusion that the actions of an official are illegal. If there are difficulties with this, it is advisable to use legal aid- consult, work out legal position and order the preparation of a complaint.

A single complaint is usually not enough to make a categorical conclusion about the legality or illegality of an official's actions. The exception is obvious violations. Therefore, it is worthwhile to prepare the evidence base in advance and attach the relevant materials to the application. If some materials are lacking, it is necessary in any case to refer to them in the complaint and indicate the sources of their receipt (reclamation). Since the consideration of the complaint involves an examination, and in court - the personal presence and participation of the parties, then all relevant circumstances are studied.

If you need help in drafting a complaint about an official's actions, then our online lawyer on duty is ready to answer all your questions.

from 08/05/2019

An administrative claim against the actions of an official can help solve problems with the preparation and receipt of the necessary documents, and protect violated rights.

An administrative claim against the actions of an official can be filed by any citizen or organization in case of violation or obstacles in the exercise of rights. An administrative statement of claim is filed in the order of administrative proceedings, the procedure for which is regulated by Chapter 22 of the CAS RF. When preparing a complaint, it is better to use the presented sample, filling it with your own content.

An example of an administrative claim against the actions of an official

To the Kharabalinsky District Court

Astrakhan region

Administrative claimant: LLC Brigantina,

address: 416010, Kharabali, st. N. Danchenko, 714

Administrative Respondent: Deputy Chief

Directorate of the Ministry of Internal Affairs of Russia for the Astrakhan region,

Administrative defendant: Department of the Ministry of Internal Affairs of Russia

in the Astrakhan region,

address: 414056, Astrakhan, st. B. Khmelnitsky, 71

Administrative claim against the actions of an official

September 17, 2016 Vasilenko Y.B., general manager LLC "Brigantina" applied to the Department of the Ministry of Internal Affairs for the Astrakhan region in order to obtain a license to carry out private security activities with the right to provide security services to protect the life and health of citizens, protect objects and (or) property (including during its transportation). To obtain the specified license, I have submitted the documents specified in the list Administrative Regulations The Ministry of Internal Affairs, namely: a statement, a copy of a document on the availability of education, etc. The official who accepts the documents asked me to provide copies constituent documents to the firm. I refused, because the list mandatory documents such materials are not included, therefore, the refusal to accept documents for a license will violate my rights and legitimate interests. Turning to the head of the department for the implementation of security activities, the documents for the license were accepted. On October 30, 2015, I received a written refusal from the Deputy Head of the Directorate of the Ministry of Internal Affairs of Russia for the Astrakhan Region to issue a license due to “the presence of incomplete information in the applicant's documents”. Considering such a refusal to be unreasonable, I turned to the head of the Department of the Ministry of Internal Affairs for the Astrakhan Region, but I was also refused with reference to not providing constituent documents and failure to fulfill an interdepartmental request to the Federal Tax Service.

Guided by Articles 218-220 of the CAS RF,

1. Declare illegal the refusal of the Deputy Head of the Directorate of the Ministry of Internal Affairs of Russia for the Astrakhan Region to issue a license to carry out private security activities.
2. To oblige the Directorate of the Ministry of Internal Affairs of Russia for the Astrakhan region to issue LLC "Brigantina" a license to carry out private security activities

Application:

1. A copy of the complaint about the actions of an official
2. Receipt
3. Copy of rejection letter
4. Copy of response to complaint
5. Copies of documents attached to the license application

Vasilenko Y.B. 20.11.2016

Officials

Officials whose actions (inaction) can be contested under the rules of Chapter 22 of the Code of Administrative Procedure of the Russian Federation should include persons acting on behalf of public authorities, local authorities who made the contested decision, committed the contested action (inaction), which are binding and affecting rights and freedoms of citizens and organizations.

Officials include, in particular:

• persons replacing public office RF, persons holding government positions in the constituent entities of the Russian Federation, persons holding municipal positions;
• officials of the bailiff service, executing court orders or decisions of other bodies, as well as officials of the bailiff service, ensuring the established procedure for the activities of the courts;
• officials of the prosecutor's office, decisions, actions (inaction) of which are not subject to challenge in criminal proceedings, as well as in proceedings on cases of administrative offenses;
• officials of bodies implementing state control(supervision) over compliance with legislation and other regulatory legal acts, in particular government inspectors labor, state inspectors in the field of environmental protection.

It is impossible in this order to appeal against the actions of managers and employees commercial organizations, workers government agencies and other persons whose actions are not of an imperious and administrative nature. You cannot dispute the actions of the higher management in this order. For the listed cases, it is necessary to go to court in the course of action proceedings.

How to prepare a complaint against an official's actions

Before filing an administrative statement of claim, the applicant must have documents confirming that he applied to this official. It should be borne in mind that in most cases the term for responding to an appeal of citizens is 1 month, but it can also be shortened. If the response to the appeal is not received within the prescribed period, then the inaction of the official is appealed. If a decision is made on this appeal, then this particular document must be appealed. In this case, the requirements will sound like this:

• to recognize the actions of an official as illegal
• to recognize the inaction of an official as illegal
• declare an official's decision unlawful

Do not write in the text the name of the official whose actions you are challenging. During the time while preparing and submitting a complaint to the court, he may be fired, transferred to another job, his may change job duties... The interested person must indicate exactly the name of the position of the official whose actions are being appealed.

In the text of the complaint, describe in detail why you contacted this official, what issue needed to be resolved, what documents to receive. Indicate what documents were submitted, what the violated right is based on.

We recommend that you indicate as 2 the administrative respondent and the authority in which the official performs his duties. Article 221 of the CAS RF provides for the obligation of the court to involve this body as the 2nd respondent, therefore, specifying it in an administrative claim will speed up the consideration of the case.

Submission and consideration of claims

An administrative claim against the actions of an official is filed with the district court. The applicant can file a complaint at his place of residence or at the location of the official whose actions he is challenging.

When filing an administrative statement of claim, it should be borne in mind that the appeal period is limited to 3 months. This period is calculated from the moment when the applicant learned or should have learned about the violation of his right. That is, from the moment of receipt of a written refusal or the expiration of the period for receiving such a response.

Missing the deadline for going to court is the basis for refusing to satisfy the claims. The missed term can be restored:.

The term for considering an administrative claim against an official's actions is 2 months.

The peculiarities of the consideration of an administrative claim against the actions of an official is that the applicant must prove only the existence of the right to receive what he turned to the official and the very fact of the appeal.

To ensure the rule of law in the activities of executive bodies, it is essential personal appeals citizens with complaints, suggestions and statements. Acting in a personal capacity, as a private person, on his own initiative, every citizen has the right to assess the activities of the executive authority, any official or civil servant in terms of its legality and effectiveness. The Constitution establishes that everyone has the right to defend their rights and freedoms in all ways not prohibited by law (Article 45), citizens of the Russian Federation have the right to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies (Art. 33).

Complaints- these are citizens' appeals regarding the violation of their subjective rights and freedoms. Suggestions and statements have a different legal essence- they are not associated with a violation of the subjective rights of a citizen, but most often they are of a critical nature and, as their authors believe, are aimed at improving the performance of executive authorities, their officials, and civil servants.

Citizens have the opportunity to appeal against any illegal actions and acts that violate them subjective rights and interests. Thanks to legal basis complaints take on qualities legal remedy, with the help of which a kind of control over the work of personnel and heads of executive authorities is carried out. At the same time, complaints are an important means of protecting individual rights, strengthening ties between the state apparatus and the population, an essential source of a wide variety of information. They are an effective tool for countering bureaucracy, corruption, malfeasance and offenses. Complainants must receive informed responses, and where human rights have been violated, the relevant authorities are required to intervene urgently and enforce the law.

There are two procedures for considering and resolving citizens' complaints - administrative and judicial.

The executive authorities annually receive a large number of citizens' complaints about various violations their rights. Addressing on January 15, 1998 to the heads of the executive bodies of the constituent entities of the Federation, the President noted that the receipt of citizens' complaints to local and federal executive bodies about red tape, bureaucracy, and the callous attitude of officials in solving the vital problems of Russians did not decrease, and demanded to tighten demand from managers for the state of work with citizens' appeals.

By a presidential decree of April 3, 1997, the Regulation on the Office of the President of the Russian Federation for work with citizens' appeals was approved. It is designed to analyze and summarize the questions that citizens put in letters and at a personal reception; carry out operational and periodic information to the President, Prime Minister, heads of federal bodies the executive branch on the number and nature of citizens' appeals; to prepare, on the basis of analysis and generalization of citizens' appeals, proposals to eliminate the causes that give rise to well-founded complaints; submit the necessary materials for the purpose of covering the results of citizens' appeals in the media; study the experience of work of the relevant authorities and foreign states.

The disadvantage of the administrative procedure for considering complaints is that they are resolved by the concerned executive authorities, while behind the scenes, in the absence of the complainant, moreover, often by employees who do not have legal training. Therefore, well-founded complaints are often not satisfied. Such a procedure cannot be recognized as effective, especially when it comes to bringing to justice the guilty officials. It should also be borne in mind that while the current Decree of the Presidium of the Supreme Soviet of the USSR of April 12, 1968 "On the procedure for considering proposals, applications and complaints of citizens" (with subsequent amendments of March 4, 1980) only in general form defines the features of this type of jurisdictional proceedings.

In court, a citizen does not act as a petitioner, but as a plaintiff, an equal party, personally and directly. The duty to give explanations to the court rests with the official who received the administratively decision on the case. During the process, he has to not only explain the actions of the body and motivate them, but also be subjected to evaluative influences from the plaintiff, the court and other participants in the process. Therefore, quite often, even at the stage of preliminary preparation of the case for the court hearing, officials reconsider their decision, eliminate the violations of the rights of a citizen and thereby do not bring the case to court.

The RF Law of April 27, 1993 "On Appealing to the Court of Actions and Decisions Violating the Rights and Freedoms of Citizens" (with amendments and additions of December 14, 1995) provides for the opportunity for every citizen to apply to the court if he considers that illegal actions (decisions) of state bodies, local self-government bodies, institutions, enterprises and their associations, public associations, officials, civil servants violated his rights and freedoms.

The actions (decisions) that can be appealed to the court include collegial and individual actions (decisions), as a result of which: the rights and freedoms of a citizen are violated; obstacles have been created for a citizen to exercise his rights and freedoms; a citizen has been illegally assigned any duty or has been illegally brought to any responsibility.

Courts of general jurisdiction consider complaints about any actions (decisions) that violate the rights and freedoms of citizens, except for actions (decisions), the verification of which is attributed by law to the exclusive competence The Constitutional Court RF, and actions (decisions) in respect of which the legislation provides for a different procedure judicial appeal.

A citizen has the right to file a complaint about the violation of his rights and freedoms either directly to the court, or to a higher-ranking state body, local self-government body, institution, enterprise or association, public association, official, or civil servant.

Higher entities are obliged to consider the complaint within a month. If the complaint is denied to the citizen or the answer is not received within a month from the date of its submission, he has the right to file a complaint with the court.

Having accepted the complaint for consideration, the court, at the request of the citizen or on its own initiative, has the right to suspend the execution of the contested action (decision).

The following deadlines have been established for filing a complaint with the court: three months from the day when the citizen became aware of the violation of his rights; one month - from the day the citizen receives a written notice of refusal to satisfy the complaint or from the day the month expires after filing the complaint, if the citizen has not received a written response to it. A missed deadline for filing a complaint for a good reason may be restored by the court.

Having established the validity of the complaint, the court recognizes the contested action (decision) unlawful, obliges to satisfy the citizen's demand, cancels the penalties applied to him, or otherwise restores his violated rights and freedoms.

If the contested action (decision) is recognized by the court as lawful, it will refuse to satisfy the complaint. The court decision is sent to the relevant body, association or official and citizen no later than ten days after the decision comes into legal force.

The court and the citizen must be notified of the execution of the judgment no later than within one month from the date of its receipt.

The rights of servicemen should be ensured to equal conditions with other citizens. Therefore, the Federal Constitutional Law of June 23, 1999 "On military courts of the Russian Federation" established that military courts consider administrative cases on the protection of violated and (or) disputed rights, freedoms and legally protected interests of military personnel, citizens undergoing military training, from actions (inaction) of military command and control bodies, military officials and their decisions. In addition, military courts have the right to declare illegal the regulations of the Ministry of Defense of the Russian Federation and other federal executive bodies, in which federal law provides for military service concerning the rights, freedoms and legally protected interests of military personnel and citizens undergoing military training.

Home / Legal reception / Actions (inaction) of officials

Actions (inaction) of officials

In this section you can find answers to the most frequently asked questions regarding the procedure for appealing decisions, actions (or inaction) of state authorities, local authorities, public associations and officials.

The questions are based on numerous requests from internally displaced persons, internally displaced persons, stateless persons and other citizens to the Vesta Consulting Center. You can find detailed information in the leaflets developed by Vesta's lawyers " On appeal against decisions, actions (or inaction) of state authorities, local authorities, public associations and officials in the Republic of Ingushetia "(download the leaflet) and" On appeal against decisions, actions (or inaction) of state authorities, local authorities , public associations and officials in the Chechen Republic ”(download the leaflet). You can download the application form to the court here.

Question: Who can in judicial procedure challenge the unlawful decision, actions (inaction) of officials.

Answer: Any person can dispute in court an unlawful decision, actions (inaction) of an official (hereinafter referred to as the defendant). Anyone can challenge individuals, but with the condition: it is necessary that you prove that this decision or action affects your rights and interests. The applicant must prove only one thing - that this decision affects his rights and interests. All problems of proving the legality of a decision, action (inaction) are assigned to the state authority, local self-government body, that is, to the body whose decision is being challenged. The subject of judicial review may be the legality of any actions (inaction), decisions, except for those actions and decisions, the verification of which is attributed by law to the exclusive competence of other bodies.

Question: Where can I submit an application to the court.

Answer: The application is submitted to the court at the place of his residence or at the location of the defendant, the decision, the action (inaction) of which is disputed (part 2 of article 254 of the Code of Civil Procedure of the Russian Federation). According to Art. 4 Federal Law No. 4866-1 "On appealing against actions and decisions that violate the rights and freedoms of citizens" dated April 27, 1993 No. 4866-1, filing a complaint is paid state fee in the established amount (currently 200 rubles).

The court can exempt a citizen from paying the fee or reduce its amount. The complaint must clearly indicate who the complainant is, his address, whose actions or decisions are being appealed.

The most important thing is to indicate which decision is being appealed, why it is being contested, which infringes upon the rights of the applicant. You also need to attach Required documents... If it is impossible to provide them, in the application it is necessary to apply for their reclamation in court. It is advisable to give a link to the law that establishes the violated right. However, reference to the law is not required. The application is considered by the court within ten days with the participation of the citizen and the defendant.

The court, recognizing the application as justified, makes a decision on the obligation of the relevant state authority, local self-government body, official, state or municipal employee to eliminate in full the violation of the rights and freedoms of a citizen or an obstacle to the exercise by a citizen of his rights and freedoms. The court decision is sent to the head of the defendant to eliminate the violation of the law of the decision, the actions (inaction) of which were contested within three days from the date the court decision entered into legal force. The citizen must be informed about the execution of the court decision no later than within a month from the date of receipt of the decision.

Question: What are decisions, actions (inaction)?

Answer: Decisions include acts of state authorities, local self-government bodies, their officials, state, municipal employees and persons equated to them, taken individually or collectively, containing an imperative expression of will that generates legal implications for specific citizens and organizations. It should be borne in mind that decisions can be made both in writing and orally (for example, announcing a disciplinary sanction to a soldier).

In turn, the written decision is taken as in a certain form established by law (in particular, an order of the highest executive body state power of a constituent entity of the Russian Federation) and arbitrary (for example, a written message about the refusal of an official to satisfy a citizen's appeal).

The actions of state authorities, local self-government bodies, their officials, state or municipal employees include the imperative expression of the will of the named bodies and persons, which is not clothed in the form of a decision, but entailed a violation of the rights and freedoms of citizens and organizations or created obstacles to their implementation. Actions, in particular, include the verbally expressed demands of officials of the bodies carrying out state supervision and control.

Inaction refers to the failure of a public authority, local self-government body, official, state or municipal employee to fulfill the obligation imposed on them by regulatory legal and other acts that determine the powers of these persons ( job descriptions, provisions, regulations, orders). Inaction, in particular, includes failure to consider the applicant's appeal authorized person(Clause 1 of the Resolution of the Plenum The Supreme Court RF dated February 10, 2009 No.

Appealing actions and decisions of executive authorities and their officials

Question:What decisions, actions (inaction) can be appealed to the court?

Answer: Decisions, actions (inaction) of state bodies, local self-government bodies, institutions, enterprises and their associations, public associations and officials, civil servants who can be appealed in court include collegial and individual actions (decisions), including the submission of an official information as a result of which: · rights and freedoms of a citizen are violated; · Created obstacles to the exercise by a citizen of his rights and freedoms; · The citizen is illegally assigned any obligation or he is illegally brought to any responsibility (Art. 255 Code of Civil Procedure of the Russian Federation, Art. 2 of the Law "On appealing decisions, actions (inaction) that violate the rights and freedoms of citizens").

Question: What information are officials and civil servants obliged to provide to a citizen?Answer: Every citizen has the right to receive, and officials, civil servants are obliged to provide him with the opportunity to familiarize himself with documents and materials that directly affect his rights and freedoms, if there are no restrictions established by federal law on the information contained in these documents and materials. (for example, provided for by the law on the protection of personal data, constituting state secret and others) (Article 2 of the Law "On appeal against decisions, actions (inaction) that violate the rights and freedoms of citizens").

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The Supreme Court of the Russian Federation in its resolution of February 10, 2009 N 2 "On the practice of court consideration of cases on challenging decisions, actions (inaction) of state authorities, local authorities, officials, state and municipal employees" (hereinafter Resolution No. 2) indicated that inaction refers to the failure of a public authority, local government, official, state or municipal employee to fulfill the obligation imposed on them by regulatory legal and other acts that define the powers of these persons (job descriptions, regulations, regulations, orders). Inaction, in particular, includes not considering the applicant's appeal by an authorized person.

Depending on the civil or criminal proceedings, when challenging and / or appealing the inaction of an official, there are certain procedural requirements: for the execution of an application (in civil proceedings) and a complaint (in criminal proceedings), requirements for territorial jurisdiction and peculiarities of the proceedings. Sometimes, as shown below, when appealing the inaction of an official, the courts mistakenly refuse to accept a complaint (statement) for processing on the grounds that the applicant does not comply with the procedure for appeal and / or territorial jurisdiction. In this regard, I will dwell in this article on some of the features of this category of cases.

Criminal proceedings

Judicial procedure for considering complaints about the inaction of an inquiry officer, investigator, head investigative body and the prosecutor are governed by Article 125 of the Criminal procedural code RF (Code of Criminal Procedure of the RF). At the same time, according to the clarification of the Supreme Court of the Russian Federation, given in paragraph 3 of the resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2009 N 1 "On the practice of consideration by courts of complaints in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation" (hereinafter Resolution No. 1) inaction of officials whose powers are not related to the implementation of criminal prosecution in pre-trial proceedings in a criminal case (for example, the prosecutor supporting the state prosecution in court, the head of the pre-trial detention center) are not subject to appeal in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation.

In Resolution No. 2, the Supreme Court of the Russian Federation concretized the position set forth in paragraph 3 of Resolution No. 1, and indicated that, in accordance with Chapter 25 of the Civil Procedure Code (Code of Civil Procedure of the Russian Federation), the courts are not entitled to consider cases challenging inaction related to the application of criminal and criminal procedural norms. rights.

At the same time, cases on complaints of suspects and accused detained in custody, as well as persons sentenced to imprisonment, against the actions of the administration of pre-trial detention centers or correctional facilities associated with inadequate conditions of detention (for example, failure to provide convicts with proper medical help) are considered according to the rules of Chapter 25 of the Code of Civil Procedure of the Russian Federation (clause 7 of Resolution No. 2).

From clause 6 of Resolution No. 1 it follows that in cases where the place of production preliminary investigation does not coincide with the place of commission of the act, a complaint against decisions and actions (inaction) of an inquiry officer, investigator, head of an investigative body, as well as a prosecutor in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation is considered by the district court that is territorially located at the place of preliminary investigation, determined in accordance with article 152 of the Criminal Procedure Code of the Russian Federation. That is, in such cases, the complaint is filed and subject to consideration in the district court at the place of the commission of the act, and not at the place of the preliminary investigation.

By virtue of the provisions of Part 3 of Art. 125 of the Code of Criminal Procedure of the Russian Federation, the judge verifies the legality and validity of the inaction of the inquiry officer, investigator, head of the investigative body, prosecutor no later than 5 days from the date of receipt of the complaint.

According to clause 20 of Resolution No. 1, when judicial review complaints will reveal other violations of the rights and freedoms of citizens and legal entities, to recommend to the courts, in accordance with part 4 of Article 29 of the Criminal Procedure Code of the Russian Federation, to issue a special ruling (resolution), in which to draw the attention of officials to violations of the law that require the adoption of appropriate measures.

To illustrate the above provisions, I will give examples from my practice.

Law practice

Inaction of officials in the performance of the duty to verify the report of the crime.

In 2009, Ch. Appealed to the Kimry interdistrict prosecutor's office of the Tver region with a statement about the commission of fraud against her, and the initiation of a criminal case against T. Kimrsky ").

More than two years Art. operative of the State Economic Security and Cyber ​​Defense Ministry of the Ministry of Internal Affairs of Russia "Kimrsky" Rad 'O.Yu. carried out an inspection at the request of Ch and at the time of the consideration of the complaint about inaction in the court ruled 15 decisions to refuse to initiate a criminal case, which were canceled by the prosecutors of the prosecutor's office of the Tver region and the Kimr interdistrict prosecutor's office.

In defense of the interests of Ch.

I filed a complaint with the court in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation for inaction of Art. the operative of the GEBiPK of the Ministry of Internal Affairs of the Russian Federation "Kimrsky" Rad 'O.Yu. and the head of the body of inquiry - the head of the Criminal Militia of the Ministry of Internal Affairs of Russia "Kimrsky" Ulvacheva Yu.I. in terms of red tape in considering Ch .'s application, failure to make a legal decision within the time period established by Art. 144 of the Code of Criminal Procedure of the Russian Federation (Case No. 3 / 10-53 / 11, Federal Judge Aksyonov S.B.).

In the trial, assistants to the Kimry interdistrict prosecutor A. Smirnov and S. Muravyova asked to dismiss the complaint, believing that no violations of Ch's rights had been established (?!).

By a decision of October 27, 2011, the Kimrsky City Court of the Tver Region recognized illegal inaction Art. the operative of the GEBiPK of the Ministry of Internal Affairs of the Russian Federation "Kimrsky" Rad 'O.Yu. and the head of the body of inquiry - the head of the Criminal Militia of the Ministry of Internal Affairs of Russia "Kimrsky" Ulvacheva Yu.I. in part of the red tape on consideration of the application Ch. dated October 01, 2009, failure to make a legal decision within the time period established by Art. 144 of the Code of Criminal Procedure of the Russian Federation, and failure to comply with the instructions of the Deputy Kimr Interdistrict Prosecutor of the Tver Region within the time period set by him. The decision was not appealed and came into legal force.

In the judgment, the court concluded that “… The inaction of officials of the inquiry body of the Ministry of Internal Affairs of the Russian Federation“ Kimrsky ”, represented by its chief Ulvachev Yu.I. and senior security officer Rad 'O.Yu., it should be recognized illegal, since this inaction led to red tape in considering Ch .'s application ... and, as a result, to violation of Ch .'s constitutional rights, provided for in Part 1 of Art. 46 of the Constitution of the Russian Federation, and hindering her access to justice ”.

The court also issued a private ruling to the head of the Department of the Ministry of Internal Affairs of Russia for the Tver region, in which it indicated that "... the behavior of the above-mentioned officials of the Ministry of Internal Affairs of the Russian Federation" Kimrsky "belittling the authority of the internal affairs bodies is unacceptable ..."... The private decision was also not contested and entered into legal force.

The procedure for appealing the inaction of law enforcement officials whose powers are not related to criminal prosecution.

Shch. Was accused of committing a crime in the city of Kimry, Tver region, the criminal case for preliminary investigation was transferred from the investigation department of the Ministry of Internal Affairs of the Russian Federation "Kimrsky" to the investigation department under the Ministry of Internal Affairs for the Tver region (Tver). In relation to Shch., The Kimrsky City Court of the Tver Region chose a preventive measure in the form of detention, and he was kept in the pre-trial detention center FKU IZ-69/1 of the Federal Penitentiary Service of the Russian Federation for the Tver Region, located in the city of Tver. In accordance with Part 1.1 of Art. 110 of the Criminal Procedure Code of the Russian Federation, Decree of the Government of the Russian Federation of January 14, 2011 N 3 "On medical examination of suspects or accused of committing crimes" on the basis of the decision of investigator Shch. medical examination to the Tver Regional Clinical Hospital.

Appealing actions (omissions) of officials of control bodies

The investigator's decision was sent for execution to A.L. Robota, the head of FKU IZ-69/1 of the Federal Penitentiary Service of the Russian Federation in the Tver Region, but he did not execute the decision.

Inaction of the head of the FKU IZ-69/1 of the Federal Penitentiary Service of the Russian Federation for the Tver Region Robot A.L. in terms of non-execution of the investigator's decision, I appealed to the Kimr City Court of the Tver Region in civil proceedings (Chapter 25 of the Code of Civil Procedure). By a decision of September 13, 2011, the Kimry City Court of the Tver Region refused to accept the complaint (Federal Judge O.R. Milchakova).

Here, at least, the reasoning of the court decision by the provisions of Art. 125 of the Code of Criminal Procedure of the Russian Federation: "... actions (inaction) of an inquiry officer, investigator, head of an investigative body, prosecutor, which are capable of causing damage constitutional rights and the freedoms of the participants in criminal proceedings, or hinder the access of citizens to justice, can be appealed to the district court at the place of the preliminary investigation. As follows from the materials presented, the criminal case No. 180340 on charges of Shch. Under Part 3 of Art. 30 - p. "A", "d", part 2 of Art. 161 of the Criminal Code of the Russian Federation. Consequently, this complaint must be submitted to the district court at the place of the preliminary investigation, which will comply with the requirements of Art. 125 of the Code of Criminal Procedure of the Russian Federation. In such circumstances, the court considers it necessary to refuse to accept the complaint, and to explain to the applicant that with this complaint he can apply to the court at the place of the preliminary investigation of the criminal case ".

A cassation appeal was filed against this ruling of the court of first instance.

Judicial Collegium for Criminal Cases of Tverskoy regional court satisfied cassation appeal and quashed the ruling of the Kimry City Court of 13 September 2011 (Case No. 22-2604-2011). The judicial board in the cassation ruling of October 26, 2011 indicated: “Refusing to accept the complaint, the court proceeded from the fact that the requirements of Art. 125 of the Code of Criminal Procedure of the Russian Federation on territorial jurisdiction. At the same time, as can be seen from the content of the complaint, the lawyer will appeal the inaction of the official not related to the criminal prosecution of Shch. In accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation. Within the meaning of the law, in the order of Art. 125 of the Code of Criminal Procedure of the Russian Federation does not appeal against the actions (inaction) of officials whose powers are not related to the implementation of criminal prosecution in pre-trial proceedings, in in this case- inaction of the head of the remand prison.

In connection with the above, the conclusion of the court that the complaint should have been addressed to the court in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation at the place of preliminary investigation cannot be considered justified. Moreover, from the parties' explanations in court session it can be seen that the crime incriminated by Shch. took place on the territory of the Kimr District of the Tver Region.

Since the lawyer appealed to the court with a complaint about the official’s inaction in accordance with the norms of civil procedural law, the refusal to accept the complaint, based on the norms of criminal procedural law, cannot be recognized as complying with the law. ”

Civil proceedings

In civil proceedings, the inaction of officials is contested by filing an application in the manner prescribed by Chapter 25 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation). The application is submitted at the place of residence of a citizen or at the location of a public authority, local government body, official, state or municipal employee, the decision, action (inaction) of which is contested (part 2 of article 254 of the Code of Civil Procedure of the Russian Federation).

A citizen has the right to apply to the court with a statement within three months from the day when he became aware of the violation of his rights and freedoms (part 1 of article 256 of the Code of Civil Procedure of the Russian Federation).

In the district court, the application is considered within ten days (part 1 of article 257 of the Code of Civil Procedure of the Russian Federation).

By virtue of the clarifications of the Supreme Court of the Russian Federation, given in paragraph 20 of Resolution No. 2 on cases of challenging decisions, actions (inaction) of state authorities, local authorities, officials, state and municipal employees, the obligation to prove the legality of the contested decisions, actions (inaction) according to part 1 of article 249 of the Code of Civil Procedure of the Russian Federation is assigned to the body or person who made the contested decisions or committed the contested actions (inaction).

Law practice

Recognition of the inaction of the head of the pre-trial detention center as illegal

After canceling judicial board on criminal cases of the Tver Regional Court of the above decision of the Kimrsky City Court of September 13, 2011 on a complaint in the interests of Shch. on the recognition of illegal inaction of the head of the Institution FKU IZ-69/1 (hereinafter FKU SIZO-1) of the Federal Penitentiary Service of the Russian Federation for the Tver Region Robota A.L ., the case was considered in civil proceedings by the Kimry City Court of the Tver Region (Case No. 2-1297 / 11, Federal Judge Aksyonov S.B.).

The Kimry City Court, by its decision of December 13, 2011, declared it illegal that the head of the FKU SIZO-1 of the Federal Penitentiary Service of the Russian Federation for the Tver Region did not execute Robot A.L. the decision of the investigator to satisfy the lawyer's petition to send the accused Shch. for a medical examination in the manner prescribed by law and not to send Shch. to a medical examination within the time limit established by law to the Regional Clinical Hospital.

Head of FKU SIZO-1 of the Federal Penitentiary Service of the Russian Federation for the Tver Region Robota A.L. filed for the decision of the Kimry City Court appeal to the Tver Regional Court on the grounds that, in his opinion, Shch .'s disease is not included in the List of serious diseases that prevent the detention of suspects or accused of committing crimes. In addition, Shch. Was sent to the hospital FKUZ MSCh-69 of the Federal Penitentiary Service of Russia ("prison hospital"), where Shch. Was found fit for detention. Therefore, he - the head of the FKU SIZO-1 of the Federal Penitentiary Service of the Russian Federation for the Tver region considers the investigator's decision unlawful and did not comply with it.

Judicial board for civil affairs Tver Regional Court, having considered the appeal, after hearing the arguments of the parties, appeal ruling of March 22, 2012, she left the decision of the Kimrsky City Court of 12/13/2011 unchanged, and the appeal of the head of the FKU SIZO -1 of the Federal Penitentiary Service of the Russian Federation for the Tver Region was dismissed.

The panel of judges indicated: “... in connection with the issuance by investigator K. of the decision to send Shch. For a medical examination to the Regional Clinical Hospital at the head of the FKU SIZO-1 of the Federal Penitentiary Service of the Russian Federation for the Tver Regionthe duty was to ensure the escort of Shch. to the Regional Clinical Hospital, as well as the delivery of a referral for a medical examination and medical documents.

Since Shch. Was not sent to the Regional Clinical Hospital for a medical examination within the time limit established by law, the court of first instance reasonably satisfied the demands of Shch.'s defender to declare the inaction of the head of the FKU SIZO-1 of the Federal Penitentiary Service of the Russian Federation for the Tver Region illegal.

The arguments of the head of the FKU SIZO-1 of the Federal Penitentiary Service of the Russian Federation for the Tver region that Shch .'s disease is not included in the List of serious diseases that prevent the detention of suspects or accused of committing crimes, approved by the Decree of the Government of the Russian Federation of January 14, 2011. No. 3 are untenable, since medical examination of suspects or those accused of committing crimes, in respect of which a preventive measure in the form of detention has been chosen, is carried out precisely in order to establish the presence or absence of a serious illness included in the specified list.

In addition, as correctly indicated by the court of first instance, if there is a referral for a medical examination issued by investigator K., who was in charge of the criminal case against Shch., The head of the FKU SIZO-1 of the Federal Penitentiary Service of Russia in the Tver the legality and validity of the decision taken by the investigator. "

P.S. Shch. Was released from custody on November 18, 2011, the measure of restraint was changed to him not to leave the place.

Inaction of an official of a local self-government body on failure to notify a citizen about the consideration of an application within the time limit established by law.

According to Part 1 of Art. 9 of the Federal Law "On the Procedure for Considering Applications of Citizens of the Russian Federation", an appeal received by a local government body or an official in accordance with their competence is subject to mandatory consideration.

By virtue of Art. 12 of the said Law, a written appeal received by a local government body or an official in accordance with their competence is considered within 30 days from the date of registration of the written appeal.

A resident of Moscow G. on August 22, 2011 turned to A.V. Kazakov, First Deputy Head of Administration of the Kimrsky District of the Tver Region. with statements on the coordination of the location of the borders of two land plots owned by G. on the right of ownership. However, the applications were registered with the Administration of the Kimrsky District of the Tver Region only on September 12, 2011. with the fixation of the corresponding stamps on the applications.

Within the period established by the Law, which G. calculated from September 13, 2011, he did not receive an answer on the results of the consideration of the submitted applications and turned to the court with a statement on the recognition of illegal inaction of the first deputy head of the Kimr district administration Kazakov A.V. (Case No. 2-1245 / 11, Federal judge Aksyonov S.B.).

During the trial, the Kimry District Administration presented to the court an act of agreement on the location of the borders of one land plot, owned by G., and a written refusal to agree on the location of the boundaries of another land plot, both documents were dated October 10, 2011. In other words, according to A.V. Kazakov. G.'s applications were considered within a month from the date of their receipt, which is confirmed by the registration date (September 12, 2011) and sent to G.'s address by regular mail.

By a decision of December 13, 2011, the Kimr City Court of the Tver Region recognized the inaction of the First Deputy Head of Administration of the Kimr Region A.V. Kazakov as illegal. on failure to notify G. about the consideration of applications for agreeing on the location of the boundaries of land plots within the time limit established by law.

In the decision, the court indicated: “... the applicant applied to this body local government with relevant statements. However, this appeal did not take place on August 22, 2011, as indicated by G. in his application to the court, but on September 12, 2011, which is confirmed by the stamps on their receipt, recorded in the applications themselves. The court has no grounds not to trust this circumstance, since neither the applicant nor his representative provided the court with any other information to substantiate their arguments in this part.

... according to Kazakov A.The.

G. was notified of the results of the consideration of the applications by sending him simple correspondence. At the same time, he did not deny that there was no information about the proper notification of the applicant about the decisions made by him, Kazakov. The witness G.

any cover letters. In addition, this magazine is not properly formatted, since it is not stitched or numbered. "

Lawyer E.A. Upland
February 2012

For full or partial publication of article materials, please contact the author. In the case of using individual quotes or links to article information, a mandatory requirement is to indicate the author, the title of the article and a link to the source in the form of advokat-nagorny.ru

Ask a question to a lawyer to appeal against an official’s failure to act

Section 5. The procedure for appealing against actions (inaction) of an official
of the person, as well as the decision he makes when executing
municipal function

5.1. Interested persons have the right to appeal against actions (inaction), decisions taken (carried out) in the course of the performance of a municipal function in a pre-trial (extrajudicial) or judicial procedure.

Lawyer for appealing the actions of officials

The basis for starting the pre-trial (out-of-court) appeal procedure is the receipt of a complaint.

A complaint about the actions (inaction) of officials, municipal employees directly performing the municipal function, the decisions they made in the implementation of the municipal function can be filed in a pre-trial (extrajudicial) manner to the head structural unit local administration.

A complaint about the actions (inaction) of the heads of the structural units of the local administration directly performing the municipal function, the decisions they made in the implementation of the municipal function can be filed in a pre-trial (extrajudicial) manner - to the first deputy, the deputy head of the administration in charge of the work of this structural unit, or to the head of the municipal district.

A complaint against the actions (inaction) of the first deputy, deputy heads of administration who directly perform the municipal function, decisions made by them in the implementation of the municipal function can be filed in a pre-trial (extrajudicial) manner - to the head of the municipal district.

5.3. A written complaint must contain:

a) the name of the local self-government body or the surname, name, patronymic of the corresponding official, or the position of the corresponding person;

b) last name, first name, patronymic (the last one - if any) of the person who filed the complaint, the postal address to which the response should be sent, notification of the forwarding of the appeal;

d) personal signature (signature authorized representative) and date.

If necessary, the citizen shall attach documents and materials or their copies to the complaint to confirm his arguments.

5.4. The applicant's rights to receive information and documents necessary to substantiate and consider the complaint:

a) represent additional documents and materials or apply with a request for their reclamation;

b) get acquainted with the documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and the materials do not contain information constituting state or other secrets protected by federal law.

5.5. The complaint is not subject to consideration and is returned to the citizen in cases where:

a) the complaint does not indicate the name of the citizen who sent the complaint and the mailing address to which the response should be sent;

b) the complaint contains obscene or offensive language, threats to the life, health and property of the official, as well as his family members (the citizen is sent a message about the inadmissibility of abuse of the right);

c) the text of the complaint cannot be read (the complaint is returned to the citizen if his name and postal address are readable);

d) the complaint contains a question to which the applicant was repeatedly given written answers on the merits in connection with the previously sent appeals, and at the same time, the appeal does not provide new arguments or circumstances;

e) information is disclosed that constitutes a state secret or another secret protected by federal law (it is reported that it is impossible to give an answer on the merits of the question raised in it due to the inadmissibility of disclosing the said information).

5.6. A complaint received by a local government body or an official in accordance with their competence is considered within 30 days from the date of registration.

5.7. If the applicant's complaint is denied or he has not received an answer within a month from the date of its submission, he has the right to file a complaint with the court. Decisions, actions (inaction) of a local self-government body, an official, a municipal employee may be appealed by interested persons in court.

An application can be submitted by a citizen within three months from the day when he became aware of the violation of his rights, freedoms and legal interests, to the court at his place of residence or to the court of general jurisdiction at the location of the administration of the municipality.

Compensation for losses incurred and recovery of costs incurred
when considering appeals

5.8. A citizen has the right to damages and compensation moral harm caused by illegal act(inaction) of a state body, local self-government body or official when considering an appeal, by a court decision.

If a citizen indicated deliberately false information in the appeal, the costs incurred in connection with the consideration of the appeal by a state body, local government body or an official may be recovered from this citizen by a court decision.

At the _____________ garrison military court
Address: _______________________
Tel. ______________
Plaintiff: __________________________
_____________________
Address: Novorossiysk branch of the city ________, military unit _____
Defendant: Novorossiysk branch of the city ______, military unit _____

STATEMENT OF CLAIM
on appeal against the actions of officials

I, ______________, am doing military service in the ____________ branch of the city ________ in the military unit _____.
__________________ I filed a letter of resignation according to on their own, in connection with non-fulfillment of clause 3 of the concluded contract on the passage military service, namely - not providing me with service housing, provided for military personnel, by virtue of paragraph 1 of Art. 15 FZ "On the status of military personnel" dated __________ No. 76-FZ, and the pregnancy of my unemployed wife.
The commander of the military unit _________________________________, who makes the decision to submit me for dismissal, sent the report for consideration by the certification commission.
The certification committee reviewed my dismissal report and heard me about the reasons for the impossibility to continue military service.
The attestation commission decided to recognize the reasons as disrespectful, and dismissal of their own free will - impossible.
This refusal was formalized in the protocol, which was subsequently transmitted to me.
The commander of the military unit, in accordance with the conclusion of the attestation commission, refused to dismiss him of his own free will.
Military courts administer justice on behalf of the Russian Federation, considering cases within their jurisdiction through civil, administrative and criminal proceedings.
In accordance with Art.

4 FKZ RF "On military courts of the Russian Federation" the main tasks of military courts when considering cases are to ensure and protect:
violated and (or) disputed rights, freedoms and legally protected interests of a person and citizen, legal entities and their associations;
violated and (or) disputed rights and legally protected interests of local self-government;
violated and (or) disputed rights and legally protected interests of the Russian Federation, constituent entities of the Russian Federation, federal government bodies and government bodies of the constituent entities of the Russian Federation.
Garrison military court within the limits established by this Federal constitutional law, considers in the first instance civil, administrative and criminal cases not attributed by this Federal Constitutional Law to the jurisdiction of the Military Collegium or the district (naval) military court.
The Garrison Military Court hears cases on newly discovered circumstances in relation to decisions, sentences, rulings and rulings adopted by it and entered into force.
The garrison military court makes decisions on arrest, detention, detention, restriction of the rights to privacy of correspondence, telephone and other conversations, postal, telegraph and other messages, to the inviolability of the home.
The garrison military court considers complaints against the actions (inaction) of the person conducting the inquiry, the investigator, the prosecutor and the decisions they made in the cases and in the procedure established by the federal criminal procedure law.
I believe that I was faced with a misunderstanding of the certification commission regarding the recognition of the reasons for my dismissal as valid.
In connection with the above, and guided by paragraph 6 of Art. 51 FZ RF
"O conscription and military service "and Art. 4 FKZ RF "On military courts of the Russian Federation",

1. To recognize the decision of the attestation commission and the refusal of the commander of the military unit to dismiss me of my own free will invalid.
2.

Administrative claim against the actions of an official

Send my resignation report for a new review.

Application:
1. Copy of identity card ___ No. ___________.
2. A copy of the military service contract dated ___________.
3. A copy of the minutes of the attestation commission.

" " ______________ G. _____________/_____________/

The procedure for appealing decisions, actions (inaction) of officials of supervisory bodies

Appealing against illegal actions of officials

Appealing against illegal actions of officials can be carried out in three main ways: firstly, through appeal directly to superior body; secondly, a complaint can be filed with a supervisory or licensing authority; thirdly, there is a warrant of judicial appeal against the actions of officials.

As a rule, the greatest effect is achieved when all three methods are used at the same time. For example, the unlawful actions of a bailiff-executor can be appealed against to the Senior bailiff-executor - the head of the department of the Bailiff Service, or to the city department of bailiffs. Then it would be nice to send a complaint to the prosecutor's office, which is endowed with supervisory functions over the activities of the bailiffs, as well as to the judiciary.

If you need to appeal against the actions of the courts themselves, then their decisions, decisions and rulings can be appealed by contacting a higher court, but in this situation you must strictly comply with the requirements procedural legislation... For example, decisions of justices of the peace are appealed to district courts, decisions district courts appealed in the courts of the constituent entities of the Russian Federation. In arbitration courts, the actions of judges and other employees of the court may be appealed to the chairman Arbitration court... The form of such complaints is not legally defined, so it can be drawn up in a free style, guided by brevity and brevity.

In accordance with the law of the Russian Federation of April 27, 1993 N 4866-1 "On appeal in court of actions and decisions that violate the rights and freedoms of citizens", every citizen has the right to file a complaint with the court if he considers that illegal actions (decisions) state bodies, local self-government bodies, institutions, enterprises and their associations, public associations or officials, civil servants violated his rights and freedoms.

Actions (decisions) of state bodies, local self-government bodies, institutions, enterprises and their associations, public associations and officials, civil servants that can be appealed in court include both collegial and individual actions (decisions), as well as dissemination official information, resulting in:

• the rights and freedoms of citizens were violated;
• obstacles have been created for citizens to exercise their rights and freedoms;
• citizens have been unlawfully assigned any duty, or they have been unlawfully held accountable.