Appealing a prosecutor’s decision is a right of every individual who faces their unlawful actions. There are various methods and authorities to which a complaint can be submitted.

 

The bodies of the Prosecutor’s Office of Ukraine play an important role in ensuring legality, public order, and supervision over the observance of citizens’ rights and freedoms. However, the actions or inaction of prosecutors are not always justified, objective, or lawful. The question arises: can a person protect their rights, and how exactly can this be done?

 

Appealing actions of the Prosecutor’s Office is possible on the following grounds:

 

  • Violation of rights, freedoms, or legal interests of a person. The prosecutor’s actions led to the restriction or violation of rights guaranteed by the Constitution of Ukraine.
  • Exceeding authority. The prosecutor committed actions not provided for by law or exceeded their competence.
  • Inaction within the framework of criminal proceedings. For example, failure to enter information into the Unified Register of Pre-Trial Investigations (URPTI), delaying the investigation, or lack of response to a report of a crime.
  • Unlawful refusal to process a petition or statement. If the refusal is not properly justified or contradicts the provisions of the Criminal Code of Ukraine.
  • Formal or biased decision-making. Lack of proper reasoning, impartiality, or disregard for evidence.
  • Violation of legally established deadlines. The prosecutor does not respond to complaints, petitions, or statements within the specified timeframes, thereby violating the procedural rights of the person.
  • Violation of the principles of legality and objectivity. The prosecutor acts outside the bounds of the law, demonstrates bias, or fails to ensure equality of the parties.

 

A complaint against a prosecutor is an effective legal tool for protecting a citizen’s rights. The Constitution of Ukraine, the Law of Ukraine “On the Prosecutor’s Office,” the Criminal Procedure Code of Ukraine (CPC), and the Code of Administrative Procedure of Ukraine guarantee everyone this right.

 

The main thing is to correctly identify the grounds, prepare the complaint in accordance with the requirements, and choose the appropriate authority or judicial instance.

 

Seeking legal assistance or consultation in complex cases can increase the chances of successfully appealing unlawful actions of the Prosecutor’s Office.

 

What Can Be Appealed: Actions, Inaction, and Rulings of the Prosecutor

Participants in criminal proceedings have the right to appeal not only the actions and inaction of the prosecutor but also their procedural decisions (rulings):

 

  1. Actions of the prosecutor. Appealable actions include those carried out within the framework of criminal proceedings that may violate the rights or legal interests of a person. For example: unlawful detention, search conducted in violation of procedure, pressure on witnesses or participants in the proceedings, seizure of property without a proper court decision.
  2. Inaction of the prosecutor. This refers to the prosecutor’s failure to take procedural measures that they were obligated to carry out in accordance with the requirements of the Criminal Procedure Code of Ukraine (CPC). For example: failure to enter information into the Unified Register of Pre-Trial Investigations (URPTI) upon a crime report, ignoring motions of the parties to the proceedings, delaying the adoption of a procedural decision, failure to provide copies of procedural documents.
  3. Prosecutor’s rulings. These are official written decisions adopted within the framework of criminal proceedings and subject to appeal in the prescribed manner. For example: ruling on the closure of criminal proceedings, ruling on the denial of a motion, ruling on the change of a person’s procedural status, refusal to recognize someone as a victim or a civil plaintiff.

 

According to Article 304 of the Criminal Procedure Code of Ukraine, such complaints are submitted to an investigating judge, who is obliged to consider them within the timeframe established by law.

 

Most Common Reasons for Filing Complaints

The reasons for appeals are usually the following situations:

 

  • Inaction of the prosecutor. No response to a crime report, untimely or purely formal investigation, delay in pre-trial investigation.
  • Issuance of unjustified procedural decisions. Closure of a criminal case without sufficient grounds, serving notice of suspicion without proper evidence.
  • Exceeding authority. Pressure on a witness or the court, unlawful searches, violation of the presumption of innocence.

 

A complaint may also be submitted for human rights violations at the pre-trial investigation stage or due to a biased approach to the case.

 

Difference Between Action and Inaction of the Prosecutor’s Office

An action of the Prosecutor’s Office is the active performance of a specific step or procedural decision that has legal consequences. For example: serving a notice of suspicion, closing criminal proceedings, conducting a search, submitting an indictment to court. An action is subject to appeal if it is unlawful, groundless, or violates a person’s rights.

 

Inaction of the Prosecutor’s Office is the failure to perform an action that the prosecutor is required to carry out under the law. For example: failure to register a crime report in the URPTI within 24 hours, failure to provide procedural guidance during a pre-trial investigation, failure to consider motions of the parties, no response to violations by the investigator or other bodies, failure to submit the case to court within a reasonable time. Inaction is subject to appeal when it obstructs the exercise of human rights or the effective investigation of a case.

 

What to Do If the Prosecutor’s Office Refuses to Accept Documents

In such a case, the following steps should be taken:

 

  1. Document the refusal. Be sure to record the full name of the employee who refused to accept the documents in writing. Request a written refusal, or record the oral refusal on video/audio (if possible).
  2. Send the documents officially by mail. Use registered mail with delivery confirmation and an inventory of enclosures. This method serves as official proof of document submission. Even if the prosecutor’s office does not review them, the fact of delivery will be confirmed.
  3. Try submitting via email or the Unified State Web Portal. Check whether the prosecutor’s office has an official email address for submissions (often listed on the websites of regional or local prosecutor’s offices). If you have a digital signature, you can send an electronic request, which has the same legal force.

 

Additionally, submit an appeal via the website of the Cabinet of Ministers of Ukraine (CMU).

 

Where to File a Complaint About the Actions of the Prosecutor’s Office

Depending on the situation, a complaint may be submitted to several authorities:

 

  • To a higher-ranking prosecutor. If the complaint concerns a district prosecutor, submit it to the regional prosecutor’s office.
  • To an investigating judge. Article 303 of the Criminal Procedure Code of Ukraine lists the cases in which the prosecutor’s actions or inaction can be appealed in court. The complaint is submitted to the court overseeing the pre-trial investigation.
  • To the Office of the Prosecutor General. If other instances do not respond or if the violation is systemic.

 

Additionally, a complaint can be submitted to the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.

 

Time Limits for Filing a Complaint

The deadlines depend on what is being appealed and to which authority the complaint is submitted. Key examples include:

 

  • Complaint within criminal proceedings (to an investigating judge). The deadline is 10 days from the moment the person became aware of the action or inaction (Article 304 of the CPC of Ukraine).
  • Complaint about the prosecutor’s actions as a citizen’s appeal (administrative complaint). The deadline is 1 month from the day the person learned of the violation (Article 17 of the Law of Ukraine “On Citizens’ Appeals”).

 

If the deadline was missed for a valid reason, a motion for its restoration may be submitted. It is advisable to state the reasons for the delay and attach supporting documents.

 

How to Write a Complaint: Structure, Style, and What to Include

The complaint must be written in an official business style. The text should be concise yet informative, with clear facts and references to legal norms. Emotions and subjective judgments should be avoided. Keep in mind the key principles: conciseness, substantiation, clarity.

 

When drafting the complaint, it is important to follow the structure:

 

  • Header. Indicate the authority to which the complaint is submitted, and your personal information. If the complaint is submitted by a lawyer, include their details and the power of attorney.
  • Title of the document. For example: “Complaint about the Prosecutor’s Action.”
  • Description of the situation. Provide detailed information about what happened and where. Specify which actions or inaction of the prosecutor’s office serve as the basis for the complaint. If possible, include the names of specific officials.
  • Legal references. Include references to legal articles that regulate your rights in this context.
  • Demands. Clearly state what exactly you are requesting.

 

Do not forget to include attachments: copies of documents, photo/audio recordings, correspondence, and other supporting materials. And be sure to include the date and your signature.

 

What Happens After a Complaint Is Filed in Court

The following steps take place in sequence:

Order a consultation

 

  • Acceptance for consideration. The court decides whether the complaint will be accepted. If the complaint meets the legal requirements, a hearing date is scheduled, and the court determines whether a preliminary session is needed.
  • Preparation for the court hearing. The parties receive notification of the hearing date. The complainant may be provided with additional case materials. The court may request explanations from the parties, which must be submitted before the hearing.
  • Consideration of the complaint. The parties present their arguments. If the court finds a violation of rights or the law in the prosecutor’s actions or inaction, it may issue the following decisions: order the prosecutor to take specific actions, declare the actions unlawful, or oblige the relevant authorities to consider the application on its merits.
  • Announcement of the decision. This usually takes place at the end of the hearing (if no further review is required) or may be postponed (if additional time is needed to examine the materials).

 

If either party is dissatisfied with the court’s decision, they have the right to file an appeal within 10 days.

 

Once the ruling enters into force, the prosecutor or other authorities are obliged to comply with it.

 

When to Seek Legal Assistance

Legal assistance is useful at any stage of a legal matter:

 

  • When your rights or interests are violated.
  • If you do not understand legal procedures.
  • In cases involving complex legal issues.
  • When your right to defense in court is violated.
  • When drafting or reviewing important documents or contracts.

 

Do not wait until the problem becomes more complicated. If you have doubts or need professional legal support, seeking help from a lawyer is the right step to protect your rights.

 

How Lawrange Can Help with Appealing Prosecutor’s Actions

The Lawrange team specializes in providing legal services in various areas of law, including the appeal of prosecutor’s actions. Our lawyers have extensive experience in supporting legal proceedings, which allows us to effectively defend our clients’ rights.

 

If you are facing unlawful actions or inaction by the prosecutor’s office, we can assist in the following cases:

 

  • Appealing actions of law enforcement agencies.
  • Appealing orders to conduct inspections.
  • Filing appellate complaints.
  • Supporting cassation appeals in the Supreme Court.
  • Defense in fraud-related cases.

 

In cases of unlawful actions by the prosecutor’s office or other legal issues, feel free to contact us. Professional lawyers will protect your rights.

 

Conclusions

A complaint against the inaction of the prosecutor’s office, as well as against its unlawful actions, is a real mechanism for restoring violated rights. It is important to know your options: where and how to file a complaint, and what evidence to provide. A competent approach to this process can help hold the prosecutor accountable and achieve justice.

 

FAQ

Which court considers complaints against the prosecutor’s office?

Depending on the situation, the complaint can be filed with the investigating judge or an administrative court.

 

What should I do if the prosecutor’s office does not respond to the complaint?

Document the refusal and send the complaint by registered mail with delivery confirmation.

 

Can I file a complaint against a prosecutor with the ECHR?

Yes. You can file a complaint with the European Court of Human Rights (ECHR), but only after all domestic legal remedies have been exhausted.

 

Book a consultation

Popular services