How to appeal police actions?

Law enforcement agencies are created to ensure law and order, protect citizens and fight crime. At the same time, situations often arise when police officers exceed their powers, act illegally or violate the rights of citizens. The Constitution of Ukraine guarantees everyone the right to protection and the opportunity to appeal the actions of government officials. Therefore, it is important to know where to turn and how to act correctly in case of unlawful police actions.

What actions of the police can be appealed?

Any action or omission that violates human rights is subject to appeal. The most common cases are:

• illegal detention or search;
• excessive force and violence;
• illegal seizure of property or documents;
• refusal to register a crime report;
• inaction during an investigation.

Each of these cases may be grounds for a complaint to higher authorities or to the court.

Where to file a complaint?

Police management

The first step is usually to file a written complaint with the head of the police department or subdivision, or to the Main Directorate of the National Police of the city or region. The complaint is submitted in a free form, but it is advisable to clearly indicate: when, where and what rights were violated. Such a statement must be considered within 30 days.

State Bureau of Investigation (SBI)

The SBI investigates crimes committed by law enforcement officers. If the actions of the police officers bear signs of a criminal offense (beating, torture, bribery, illegal detention), it is advisable to contact this place.

Prosecutor's Office

The prosecutor supervises compliance with the law. A complaint to the prosecutor's office may concern both illegal actions and inaction of the police (for example, failure to enter information into the ERDR).

Court

Among all mechanisms for protecting citizens' rights, it is an appeal to the court that most often gives a real result. Unlike complaints to internal structures of the police or prosecutor's office, court decisions are binding and have legal force.

An appeal to an investigating judge is one of the most effective tools in the fight against illegal actions of law enforcement officers, which allows for the real restoration of violated rights of a citizen.

Ombudsman

The Commissioner for Human Rights of the Verkhovna Rada of Ukraine is an additional tool of protection when a citizen encounters illegal actions of the police. The Ombudsman considers complaints about violations of human rights and freedoms, including cases of illegal detention, improper treatment, denial of access to justice, or abuse of official authority by police officers.

An appeal to the Ombudsman is submitted in writing or electronically, without strict procedural requirements, which makes this method accessible to everyone. Although the Commissioner's decisions are not always binding, his intervention often contributes to a quick response by the police, attracts public attention and can become the basis for prosecutorial inspections or disciplinary proceedings.

How to properly file a complaint?

A complaint is filed in writing and must contain:

• full name, contact details of the applicant;
• a description of the circumstances that gave rise to the complaint;
• a reference to specific actions or inaction;
• an indication of which rights were violated;
• the applicant's demands (cancellation of the decision, bringing the guilty to justice, compensation for damage).

It is advisable to attach evidence to the complaint: photos, videos, eyewitness testimonies, medical certificates, copies of documents.

What are the deadlines for filing complaints?

When appealing against unlawful actions or inaction of law enforcement officers, it is important to consider the deadlines:

• Appealing actions or inaction during a pre-trial investigation.
  If it concerns a decision, action or inaction of an investigator or prosecutor (for example, refusal to enter information into the ERDR, delay in conducting investigative actions, return of a petition, etc.), the complaint is filed with the investigating judge in accordance with Article 303 of the Code of Criminal Procedure of Ukraine. This is provided for 10 days from the moment when the person learned or should have learned about the violation of his rights. Missing this deadline may be grounds for refusing to consider the complaint.
• Filing a complaint with the police or prosecutor's office management.
  Such a complaint is of an administrative-disciplinary nature and can be filed within any reasonable time after the violation is detected. The law does not establish strict time limits, but the sooner the application is filed, the greater the chances of promptly eliminating the violation and recording it at the official level.

Thus, a citizen should adhere to the 10-day deadline for a judicial appeal, and at the same time not delay in contacting the police or prosecutor's office to demonstrate an active position in protecting their rights.

Example from practice: One of our clients contacted the police with a statement about committing a criminal offense. However, the investigator refused to enter the relevant information into the ERDR, which actually violated the requirements of the Criminal Procedure Code of Ukraine. Our lawyers prepared and filed a complaint with the investigating judge, who obliged law enforcement officers to register the statement. As a result, the information was entered into the ERDR and a pre-trial investigation was initiated. This situation shows: timely legal assistance and the right strategy allow you to defend your rights even in the event of unlawful actions by the police.

Practical advice

1. Always record police actions on video or audio. This is important evidence in court.
2. Keep all documents issued by the police, even if they seem illegal.
3. Never sign protocols that you do not agree with without appropriate comments.
4. If possible, consult a lawyer immediately.
5. Use all mechanisms simultaneously: a complaint to management, the State Bureau of Investigation, the prosecutor's office, and in parallel - legal protection.

Appealing police actions is a real tool for protecting citizens. The main thing is to act competently and consistently. The law allows you to file complaints with various authorities, and everyone can achieve justice. Illegal actions by law enforcement officers do not go unpunished if citizens persistently defend their rights.