Appealing against the actions of officials is the right of a person or organization whose rights and interests are affected by their activities. Where to write complaints? Is court the only place for this purpose? What requirements are presented to the order and form of complaint.
Bureaucracy system
The administrative apparatus is organized vertically. The municipal level, which is formally independent. Regional, which is also autonomous and federal. The structures of the latter are built on several levels: grassroots units, as a rule, at the district level, then at the level of subjects. Next is the upper level, which leads the structure. Knowing this, it is easier to understand how the system of appealing the actions of officials is built.
Where to write complaints
Appealing against the actions of officials is ensured according to the built vertical. First, the complaint is submitted to the head of the unit or directly to a higher authority. For example, in the case of bailiffs, complaints and applications are considered by the head of the department. Complaints are submitted to the higher authorities after this stage. In the tax service, the complaint is immediately transferred to the inter-district administration, the grassroots level is not involved in the consideration.
The prosecutor's office provides general oversight of the activities of all authorities, but it does not replace other structures. Complaints for consideration on the merits are accepted if the submitted applications to higher authorities have not yielded results.
Who processes applications
How is the appeal system for officials organized? The bodies considering applications are:
- Chiefs of staff complained of
- special commissions created by government bodies;
- higher authorities.
The head has the right to transfer the authority to consider complaints to one of his deputies.
Which scheme is chosen depends on the specifics of building power structures. In one region, the chief is considering complaints, in another - a special commission, etc. At the municipal level, it is customary to create commissions.
Normative regulation
The procedure for appealing against the actions of officials is structured according to a single scheme, but is regulated by various acts.
First of all, by the laws governing the relevant industry. For example, the Tax Code, the law on enforcement proceedings, etc.
A separate document has been developed and adopted to deal with complaints about the actions of officials providing public services, in particular, registration of property rights, registration with the cadastre, etc. Almost all departments have a similar document.
The Prosecutor General’s Office issued an order regulating the acceptance and consideration of complaints from citizens. It is of a general nature and all statements fall under it, except for those submitted in the framework of criminal proceedings. He also describes the appeal of the actions of officials in the prosecutor's office.
What you need to know to make a statement
The complaint is filed electronically or in writing. The need for digital signature certification of electronic documents is determined by regulatory enactments. In some cases, it is enough to fill out a form on the portal of the authority to send a complaint.
A written application must meet the basic requirements. For example, applications are not accepted if similar ones were previously considered. They refuse to consider anonymous materials, with threats, obscene language, etc. If it is not possible to read at least part of the text, the complaint is considered inadmissible.
A citizen has the right to send a complaint by mail or to transfer, personally visiting the office of the body to which it is submitted. The procedure for appealing against the actions of officials involves its consideration no more than a certain period, an average month.
How to write a complaint
An appeal against the actions and omissions of officials will be successful when the following points are indicated:
- the name of the body or position of the person (his F. I. O.), against whose actions the complaint was filed;
- F. I. About the applicant, his place of residence, contact information;
- information on actions or omissions that, in the opinion of the author of the application, violate his rights;
- arguments confirming the validity of the applicant’s words (reference to regulations, documents);
- the presence of a power of attorney if the complaint is submitted through a representative;
- signature and filing date.
If the complaint refers to documents, it is better to attach copies of them and list them in the appendix.
The text of the document is undesirable to saturate with emotional statements that do not carry additional information. Such an approach will lead to the reluctance of the official to delve into the information received.
Timelines for appealing against officials
Law and regulations of executive authorities regulate this issue in different ways. The Federal Tax Service provides for the right to lodge a complaint within a year with an inter-regional or regional inspection, then the same period is given for filing an appeal for an unlawful, according to the complainant, answer. If the decision of the tax authority concerns third parties, they are given 3 months.
In enforcement proceedings, participants are given 10 days after they become aware of the actions of the bailiff (the period is counted from the moment documents are received).
If, for valid reasons, the deadline for submitting the application is missed, the author has the right to ask for its restoration. Typically, the delay is due to the actions of officials who belatedly send papers.
Some situations do not require citizens to comply with the appeal period; they may not be established at all. However, the rules may be contained in procedural codes. So, CAS gives 3 months to file a claim with the court from the moment it became known about the violation. In some cases, 10 days are given to file an application.
Going to court
The court is a special court in appealing against actions and decisions of officials. The process is governed by detailed rules, but not every lawyer performs them, let alone ordinary citizens. At the same time, citizens and organizations have the right to choose between the court and higher administrative authorities. In some cases, the court needs evidence of an attempt to resolve the dispute in a pre-trial manner. For example, citizens who wish to recognize an overstated cadastral valuation have such an obligation.
In the arbitration process, no case is dispensed with without pre-trial order.
There is a significant difference in regulation. Citizens and organizations that are not involved in economic activities appeal actions in accordance with the CAS standards in general courts. Entrepreneurs, on the other hand, apply to arbitration courts in accordance with the rules of the agro-industrial complex (the code contains a section on administrative disputes).
Writing a claim according to CAS
The basic requirements are as follows:
- name of court;
- F. I. O. citizen, date of birth, place of residence, contact details;
- a similar amount of information is transmitted about the representative;
- full name of the body, address of its location;
- a statement of circumstances indicating which rights and interests have been violated;
- the grounds and arguments on which the complaint is based;
- the name and number of the document, or the description and place of the action complained of;
- information on filing complaints with higher authorities as part of pre-trial settlement of disputes;
- requirements to invalidate actions or omissions, non-normative act.
In this case, citizens pay a fee of 300 rubles, and organizations - 6,000 thousand rubles.
Copies of documents according to the number of participants in the case are attached to the application. The plaintiff has the right to send them on their own or the court will do this.
If the applicant wishes to delegate the conduct of the case to the representative, the procedure for appealing against the actions and omissions of officials presupposes the mandatory existence of a diploma of higher legal education. In this case, a copy of the power of attorney and diploma is attached.
If the deadline is missed, in a lawsuit or in an additional application, a request for restoration of the term is also submitted. You can not do this, but missing the deadline is enough to achieve the denial of the claim without considering it on the merits.
Features of the claim under the agro-industrial complex
The dispute is considered in accordance with the APC, unless otherwise provided by law.
The application is submitted by a person whose interests and rights are violated. The law allows recourse to the court due to the imposition of additional restrictions on the conduct of economic activity. The prosecutor has the right to act as the initiator.
The general rule establishes 3 months for appeal from the moment it became known about the violation. The judge has the right to restore it at the request of the plaintiff, if a corresponding application has been submitted with sufficient reasons, otherwise there will be a risk of losing the case.
Drafting a statement
Appealing against the actions of an official in court according to the agro-industrial complex, obliges to indicate the following points in the lawsuit:
- name of the court in which the lawsuit is filed;
- information about the plaintiff (F. I. O., registration number of the individual entrepreneur, place of residence, name of organization, registration number, location);
- full name of the body, location;
- an indication of the name of the official who made the decision;
- statement of the circumstances of the case: what is the violation of the law, rights and interests, what illegal restrictions have arisen;
- name, number and date of adoption of the act;
- what was the action or inaction, place and date;
- reference to regulations;
- evidence of sending copies of the application and documents attached to it to other parties;
- list of attached documents;
- receipt of payment of duties;
- signature and filing date.
An individual entrepreneur pays a fee in the amount of 200 rubles, for an organization in the amount of 2,000 rubles.
Finally
An appeal against the actions of an official is provided for in an administrative order and in court. Both methods are regulated by law, the first is simpler, the second is associated with numerous nuances.
Going to court is possible in some cases only after lodging complaints with higher administrative authorities, especially if they file a complaint with an arbitration court.