Appeals of citizens: term of consideration. Violation of the terms for consideration of citizens' appeals

Federal law No. 59-FZ regulates such a procedure as consideration of appeals of individuals and organizations to various state bodies. What are the terms of consideration of applications of citizens of the Russian Federation and other nuances arising from these legal relations, are considered in this article.

A bit about the law and the right to appeal

The aforementioned Federal Law was adopted by the legislative body of the Russian Federation back in 2006, however, most people still do not know about it, what their rights are protected by this regulatory document. What is the term for consideration of citizens' appeals can be found out precisely from this legal act.

Any citizen, in accordance with his interests granted to him by the Higher Law of Russia - the Constitution, is free to apply to any state or municipal body, both in writing and orally, in order to obtain any clarifications or consider other issues. This right is enshrined not only in the Constitution, but also in the above law. Moreover, the normative document says that it applies to persons who are foreign citizens, as well as to those who do not have citizenship at all.

The circle of persons who are by law assigned to those who have the right to such statements is very wide. It includes ordinary citizens, individuals, and organizations, as legal entities, as well as all kinds of citizen communities, associations, unions and the like.

Right to appeal

Under the Federal Law on the timing of consideration of citizens' appeals, it is determined that any person can independently come to absolutely any state body, municipal body or apply to a non-state legal entity that performs public functions. Officials are obliged to provide this person with comprehensive answers to all questions. Naturally, these issues should be reasonable and relate to the competence of the body to which they are directed.

The mentioned right of citizens is distinguished by the fact that it is free and voluntary, however, such appeals of citizens, the term of consideration of which is discussed below, in no way can violate the rights and freedoms of any third parties. The person who is contacting is obliged to exercise his right in good faith, otherwise, he may not only not receive an answer, but also be held liable if he has caused someone some damage.

Terminology

The federal law on the timing of consideration of citizens' appeals, before establishing their rights and obligations of their counterparties that arise against the background of appeals, defines some terminology used in it. The terms listed in it are familiar to every person, but not everyone knows how they are interpreted precisely by the legislator.

Thus, a regulatory legal act defines the term “appeal” to the actions of a citizen or other person who, in writing or by using electronic digital media, has sent a complaint, statement, proposal, and the like to a state or other body. In other words, any document requiring an answer, no matter how it is called, will be considered an appeal within the framework of the law in question.

Moreover, the appeal refers to oral statements that are not expressed on any medium. The terms of consideration of applications of citizens of the Russian Federation do not depend on the form in which they were sent to a state body.

Another concept arising from the first and used in the mentioned regulatory document, often applied in everyday life, is a proposal. By this word, the legislator means a recommendation that a citizen or legal entity has sent to a state body in order to encourage officials to make any amendments, adjustments or changes to regulatory legal acts, as well as to improve the activities of state bodies and society as a whole.

A statement as such, taking into account the concepts defined by the legislature and listed in the law, is a request from a citizen or organization. The essence of such a request may consist in assisting state or municipal bodies in observing and realizing its legal civil rights, constitutional rights. The application may also indicate the protection of the constitutional freedoms of other citizens, even those who are not relatives of the applicant. In addition to the above, the category of applications includes appeals of citizens whose term for consideration is established by law, and in which a person asks to eliminate any violations of laws, draws attention to the imperfection of state bodies and the poor work of officials.

The last type of appeal indicated in the glossary of federal law is a complaint. This word is also known to many and implies a request and at the same time a request of a citizen or legal entity to protect their violated rights, to stop attacks on them by either third parties or public servants.

The law on appeals is called an official by an employee of a state or municipal body, which exercises economic, administrative, organizational and other powers. The latter is endowed with state power, therefore, he is a representative of this power.

The rights of persons when considering applications

The procedure and deadlines for considering citizens' appeals are defined in the Federal Law, which means that their violation entails the established liability for the perpetrators. Moreover, Article 5 of this law defines the competencies of applicants and complainants that arise after they have been sent to the required public authority. Among these rights are the following:

1. The submitter of the complaint or application has the right to provide other documents and information to the body where this appeal is considered during the period of consideration of his appeal.
2. The applicant is entitled to request and require the officials of the authorized body to provide him with the documents that are at their disposal (if this does not contradict other regulatory documents).
3. A citizen has the right to demand assistance from public servants in collecting other documents and evidence that he himself is not able to obtain.
4. The applicant has the right to review all materials and documentation that was used by government officials in connection with the consideration of his application. In this case, such documents should not contain any secret that is protected by law.
5. The most important and necessary right for the applicant is the right to receive an answer substantiating the position of the state body, with references to the norms of the current legislation, with recommendations for overcoming the predicament. At the same time, the applicant is entitled to demand that the so-called deadline for consideration of citizens' appeals to state bodies be respected.
6. If a citizen mistakenly sent an application to a different authority, the competence of which is to consider a certain issue, then this authority is obliged to notify the applicant of this and forward his application to the right organization, which will be able to answer the question.
7. If the applicant’s requirements are not satisfied, as well as if he was provided with an answer that he is not satisfied with, the citizen has the right to file the next complaint either with a higher authority, or his immediate supervisor, or with the courts.
8. The applicant may write a request to terminate consideration of his appeal.

The timing

The timing of consideration of citizens' appeals to organizations is clearly regulated by the legislator. They cannot be longer than the established limit, unless, of course, they are extended. Often, in practice, applications and complaints of individuals are considered for two, or even three months. There are often cases when a statement does not come at all. However, if you know the legislatively established time limits, after which the state body is obliged to give an answer, then you can safely demand that they be respected, and if there is no answer, contact the prosecutor with a complaint about inaction.

So, the term for consideration of the written appeal of citizens cannot be more than thirty days. The countdown of this period begins on the day the application is registered with the office of the state body. In order not to miss this deadline and monitor its implementation, it is necessary to file an appeal in duplicate, on the second, an organization employee must put down a note on acceptance, indicate the position and name of the person who accepted the document, as well as the date when this happened.

The special term defines the consideration of the application, which is submitted by the applicant to the highest official of the territorial state entity of Russia, who has information about violations of the migration law. Such appeal of a citizen or organization must be considered by authorized persons within twenty days.

Legislation provides for such an opportunity for state bodies and other authorities as extending the period for consideration of citizens ’appeals. So, such an extension is possible if the questions contained in the application require additional information from other organizations. In this case, the body that should give the answer to the applicant sends a request to such organizations with a simultaneous notification of the extension of the deadline for preparing the response of the applicant. Extension of the period is allowed no more than thirty days.

Complaints and applications

The timing of the consideration of citizens ’appeals to the prosecutor’s office or other government agency is greatly influenced by the internal procedure, which takes place in the organization after the applicant has registered his complaint or statement with the office. Regulatory acts in the field of protecting the rights of citizens when they apply to the authorized bodies stipulate that the officials of such organizations are obliged to consider the issues or proposals of the applicant with all objectivity and comprehensiveness. To this end, state organizations are provided with a broader list of rights than that available to ordinary people. For example, civil servants have the right to request almost any information from other organizations. Of course, such freedom of action is limited by the employee’s competence and secrecy.

If human rights or freedoms have been violated, and the public servant in the process of considering a complaint or application has established this, then he is granted the right to take the necessary measures to restore these violated human interests.

Certain duties are also imposed on the official. His main duty is to provide a written response to the appeal, carefully explaining the position of the government. Another duty is the message that the appeal is sent for consideration to another organization.

The term for consideration of a citizen’s appeal is, as indicated a little higher, thirty days. At the same time, it is possible to renew if you want to send a request to a third party. Legislatively, such a third party, which may be another state body, is charged with preparing and sending a response to the requesting body within fifteen days.

The answer can be sent to the citizen both to the mailbox indicated by him, and to the email address. It depends on the preferences of the applicant himself.

Some unusual situations

Naturally, not all people comply with the requirements that apply to the form and content of requests and appeals. Therefore, the law under consideration also protects the rights of officials who consider citizens' applications. So, if there is no return address in the filed application or it is anonymous (the data of the applicant is not indicated), then the public servant has the right not to give an answer. If such a statement contains information about the crime, then the authorized person must send it to a subordinate organization, which may be the Ministry of Internal Affairs, the FSB, etc.

The complaint about the wrong, according to the citizen, the decision is also not considered by the authorities. Within a period not exceeding seven days, the employee of such an organization is obliged to give an answer to such a complaint in which to explain how the court decision should be appealed (appeal, appeal, etc.).

If the citizen’s application contains abusive language, including obscene language, the public servant has the right not to respond to it or provide an answer stating that such behavior of the citizen is unacceptable.

A complaint or statement, the text of which is completely unreadable, does not require an answer, and if the address and surname of a citizen can be recognized in such appeals, then a corresponding notification about the impossibility of preparing an answer is sent to him.

There are times in practice when citizens dissatisfied with any situation send statements and complaints to the authorized state bodies with the same arguments and questions. If this is manifested repeatedly, and the answer on all such questions has already been provided to the citizen, then the head of the organization has the right to end the correspondence with such a person. This citizen must be notified. However, such a decision can be made if the citizen’s appeals came to the same state body and, in fact, do not carry anything new.

Appeals by citizens whose review period has not expired, and the response to which requires the disclosure of some protected secret (for example, banking or commercial), are also considered not in favor of the applicant. A written response must be provided to such statements.

When eliminating the shortcomings contained in the application, the citizen has the right to re-appeal.

Personal welcome

One type of appeal is the so-called personal reception of people. It is usually carried out by the leaders of the organization. However, such a right may be granted to other authorized persons. Schedules of personal admission should be located directly in the institution itself, as well as on the official website (if any).

In order to get to such a reception, a person needs to bring a passport or other document that will confirm his identity. The official who receives the citizens must fill out a special card in which he makes the requirements, proposals, complaints of the verbally citizen. If all the questions and complaints of the citizen are obvious to the examiner and he can give an immediate answer, then this is what happens, and the corresponding mark is put on the admission card. If the answer requires preparation and analysis of the situation, then a written response is given in the following. The term for consideration of a citizen’s appeal is in this case the same thirty days.

The rest of the personal technique is practically no different from the above method of treatment. The applicant may also be denied further consideration of the complaint if answers have already been given.

Some citizens (socially vulnerable categories of citizens) have the right to an extraordinary appointment with leaders.

If the deadline is violated

Violation of the terms for consideration of citizens' appeals entails liability established by the laws of Russia. If this situation occurs, then the citizen has the right to write a complaint to a higher authority, as well as to the prosecutor's office. Usually, if the deadlines are violated, the supervisor takes steps to ensure that the response is provided to the citizen immediately. Guilty persons who have committed such an offense are subject to stringent measures, including disciplinary measures. The latter include comments, reprimands and even dismissal from the place of work.

The federal law under consideration determines that any appeal, with the exception of the above cases, is subject to mandatory consideration. In certain cases, government workers are even required to travel to a place related to the treatment.

Thus, violation of the terms for consideration of citizens' appeals is an offense punishable by the state. , .

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