A complaint is a way to combat violations of the rights of citizens and organizations that are faced. They complain about the officials, and the actions of persons who do not have authority. Hence the essential difference between different statements.
Legislative regulation
In the Russian Federation complaints means a wide range of statements of citizens and all kinds of organizations. They are sent to the administrative authorities, the police, the prosecutor's office, in court. Because of this, the paper writing rules are significantly different.
To do everything correctly, you should pay attention to a number of regulatory acts, this is:
- The law on the appeals of citizens.
- Law on the prosecutor's office.
- Provisions, instructions, decisions, acts adopted by other bodies.
In addition, the practice of adoption is established. administrative regulations. They combine the provisions of different acts, contain samples of documents and describe the procedure of officials.
All listed regulatory acts are, in fact, the basis that gives landmarks to properly prepare documents.
General rules for writing
The complaint is the official paper and should look appropriate. Text writes on landscape sheets. When drawing up, actively use computers. Nevertheless, the law does not limit the applicants in the right to use the handle. The color of the paste also does not matter.
It is undesirable to allow corrections and overclocking, but the official has no right to refuse to consider the application for this reason. Anything, if it is impossible to disassemble what is written. No less important to compliance with the rules of spelling and punctuation so that the text does not lose the meaning invested by the author.
The complaint that was not considered due to the impossibility of reading is allowed to send again. Everything is different with the court. The definition states that the application is not true, the time is given to correct deficiencies. Not in time filed corrections will lead to the return of materials to the sender.
The author should be approached weigly to the amount of information. An overall information or inexpensive document is meaningless. We must not forget that the complaint is a means to convey to power its vision of the problem and how to solve it. The presentation of dry facts and references to the law is a significant part of success. At the same time, you should not saturate text with emotions.
How to object correctly
The complaint is a document consisting of the following paragraphs:
- destination;
- sender;
- stakeholders (more often indicated in judicial documents);
- statement of circumstances, facts indicating violation of the applicant's rights;
- references to legislation (name, numbers, points of laws or regulations relating to the problem);
- requirements (attract responsibility, eliminate violations, make specific actions);
Requests are formulated taking into account the powers of officials. The final requirements should not be mutually exclusive.
So, for example, a policeman does not interfere with the actions of the housing organs, and vice versa. The applicant clarifies where to contact him in his case.
If attached additional documentsThe text sets out their list.
The filing of the complaint through the representative obliges him to present a power of attorney and attach its copy.
How to send paper addressee
There are three ways:
- mail;
- personally;
- through a representative.
In practice, the transfer of documents through the courier or a narrative, but this is not allowed everywhere.
Letters via mail it is desirable to direct with the notice. This is called a card returned to the sender. It confirms the receipt of the email addressee. The receiving person puts his signature.
Inventory with the attachment seems more reliable option, but not so better. A notice is sent to the addressee from the nearest post office, the letter itself remains in the mail, while it is not encountered. Often, no one takes the letters, and they are returned to the sender. It doesn't matter, this is a complaint against the decision of the court or the paper of another kind.
Mailing with notification is directly delivered to the addressee organization.
Personal transfer is organized in the office according to the schedule. If personal reception is carried out, often the application is transmitted directly. At the copy of the captured person puts its signature and the date confirming the acceptance of the application.
The representative acts by proxy. It is issued or at the place of residence in management company, or notary.
Electronic complaints
In recent years, it is possible to file a complaint over the Internet. True, a number of cases are required digital signatureconfirming the authenticity of electronic statements. So, for example, claims via the Internet.
On the website of the head of state materials are sent without additional requirementsSimilarly, the case is organized on the website of the Ministry of Internal Affairs, FSSP, prosecutors and some other services.
Features of the prosecutor's office
If statements from citizens are common, they are subject to the law "On appeals of citizens".
The prosecutor's office deals with the verification of the solutions of officials, it does not replace other bodies. If no one has done the problem, the documents are transmitted by affiliation. What prosecutors are reported on the reception.
As part of the criminal case, a complaint is resolved or a prosecutor, or the head of the investigative department or to choose from. Procedure, the complaint requirements are provided for by the Code. Bypassing the listed instances, the applicant has the right to contact the court directly.
How to contact the police, SC and FSB
Police accepts complaints in the form of ordinary statements and crime. The first category concerns administrative offenses. Claims are recorded in a special journal. The author is warned about responsibility for what in the statement writes with its own hand. A certificate is issued about accepting a statement. When taking the police, by the way, they write from his hand on the letterhead, so the police protect themselves from accusations of falsifications.
The complaint or statement is not forbidden to send by mail or through a representative, if there is no possibility to appear personally.
It is advisable to report a crime into a body that will investigate it. If the crime information does not fall at the address, the materials are transmitted to verify the appropriate person.
A complaint against the decision of the traffic police inspector or another service is also filed in the system of the Ministry of Internal Affairs.
Actions of the staff of the Committee and security bodies on the reception of complaints are identical to the police actions algorithm. These issues are regulated by one law, may differ departmental acts. The difference between them is not essential.
Features to court
Judges, unlike administrative bodies, Police and prosecutors, work solely on the basis of applications. They are drawn up in the form of complaints, lawsuits, ideas (so referred to as complaints filed by prosecutors).
Registration depends on the form of production (criminal, civil, administrative, arbitration, materials on the Administrative Code).
The time to appeal to the complaint will be varied - from several days to years.
Procedural codes contain clear requirements for the content of applications. In the criminal process, the complaint is submitted to the court in one copy, without the introduction of documents. Of course, it is better to attach them. It will benefit and court, and the applicant.
Features of the appeal to Civil and Administrative Cases:
- the number of copies of complaints and acquainted documents according to the number of parties;
- statement of circumstances;
- violations of the law;
- payment of state duty (size is provided for by the Tax Code).
The latter do not pay when filing complaints of administrative materials (CACAP) and criminal cases. Benefits are provided for applicants for some categories of civil and administrative cases.
How effective is more effective, determined by the specific situation. Moreover, in the Russian Federation, the decision of the first instance is appealed through a number of higher system levels.
Help lawy
It lies in a number of moments:
- selection of acts that should be guided;
- facts that are important;
- the evidence that already has a person and who should be requested.
A lawyer can clarify how to write a complaint, or do it instead of the faced person.
A mixed approach is common - people try to do everything themselves, resorting to consultations where it is not necessary without it. Moreover, the Internet offers a wide selection of resources on which lawyers offer their assistance in clarifying laws for free.
How to write a complaint explains on sites state organizations, in particular, ships. There are directly invited to download complaints and statements. So easier and citizens, and officials.
In general, write a statement about the violation of your rights is easy, information is abuse. If something is unable to figure out, you can contact the specialists.
The right of citizens to appeal to the authorities and other instances
In circumstances and conflict when using land plot:
- when it is impossible to register its borders
- when it is impossible to obmiet on it, the right-ending documents
- when a violation of property rights
anyone is thinking:
- about what happened
- how to solve the problem
- who needs to contact the administration or court for clarification
- where to begin
- what should be a plan for further action
The emerging questions are clear:
- what do I want to achieve?
- are my requirements and complaints?
- are there any violations of rights and law, and what, what does it seem to me, this manifested?
- if I consult with your loved ones, will they understand the essence of the doubt about the violation of my rights?
- who is officials Can help solve the problem?
After thinking about the current situation, it becomes clear that to eliminate the problem, you need to contact the administration or another body.
It is necessary to know that the possibility of appeals of citizens of the Russian Federation to the authorities is established by law:
- Constitution of the Russian Federation (Article 33)
- FZ "On the procedure for consideration of citizens' appeals Russian Federation» (No. 59-FZ dated 02.05.2006 )
Applications, complaints, petitions, petitions of citizens are called appeals. They are civilized methods for resolving those problems that people pay attention to the authorities, police, tax authorities, prosecutors or other competent structures, and set out reasonable requirements for their elimination.
In appeals, it is possible to set out proposals for improving life in the city or village, make a statement about the deficiencies in the work of the administration, to make a complaint to violate your rights and ask for assistance in resolving the situation.
Contact:
- in any authority
- to state or municipal institution
- to official lich
they have the right as any citizen of the Russian Federation and persons who do not have Russian citizenship.
Appeals can be individual or collective, oral, written, in electronic form sent by mail. Consideration of all types of appeals is carried out for free.
The right to appeal is free and voluntary. It should not violate the rights and freedoms of others.
Terminology and types of appeals
Executive
This face, constantly, temporarily or by special authority performing:
- or duties of the authority
- or organizational and administrative, administrative and economic responsibilities in the state body or body local governments
Types of Citizen's appeals (citizens)
- individual or collective offer
- statement
- a complaint
- petition
- individual appeal
Submit to the state authority, other organization (official).
Present in oral, writing or electronic form.
Appeals
1. Appeal of one citizen
2. Appeal on behalf of incapacitated citizen or recognized as limitedly capable
this appeal submitted by his representative (guardian or trustee) with a copy of a court decision on the recognition of a citizen incapacitated or limitedly capable
2. Collective appeal
this is the appeal of two or more citizens with an unlimited number of signatures.
Statement
This is a request for a citizen on questions:
- assistance in implementing it constitutional law and freedoms or constitutional rights and freedoms of other persons (for example, an application for the provision of land plot, a statement of admission to work or dismissal)
- violations of laws and other regulatory legal acts,
- deficiencies in the work of state bodies, local governments and officials
- critics of the activities of bodies and officials
A complaint
This is an appeal to the recovery requirement:
- freedom
- legitimate interests
violated actions (inaction):
- officials
- government agencies
- other organizations or citizens
Sentence
This is the appeal of a citizen (citizens) in the form of recommendations on issues:
- improving government agencies, other organizations (officials)
- improving legal regulation relations in state and public life
- local government activities
- local importance solutions
- realization of the rights and freedoms of citizens
- improving the economic, political, social and other areas of state and society activities:
- for example, the appeal of residents of the city to the local executive agency On the restoration of the architectural monument with the sources of funding, or specific proposals of economists of the department of the head of the enterprise about increasing profitability
- activities on site municipal Education:
- enterprises
- institutions
- organizations
Petition
This is an appeal of a citizen submitted in writing, with a request for recognition for it:
- defined status
- guarantees
- little
with the provision of documents confirming them
Petition
This is a collective appeal of citizens to the authorities of the city about the need for public reforms or partial change in urban legislation
Types of appeals by way of compiling
According to the method of compiling the treatment may be:
- written
- outlined in writing
- contain:
- citizen's signature (citizens)
- note:
- surnames, name, patronymic
- data on the place of residence or work (studies)
- oral:
citizen's appeals (citizens) expressed by them (them) on personal reception
- official person of the state authority
- other organization
- repeated:
citizen's appeals (citizens) on the same issue
- in the same state body
- in other organization (to the official)
All types of appeals are usually drawn up in the form of applications, complaints and petitions.
Statement
Statement (collective or private person) is a written official document that records the appeal of a citizen or a group of persons:
- to the administration
- to official lich
regarding the protection of interests and the implementation of rights. It is subject to compulsory consideration in the manner prescribed by FZ No. 59 (paragraph 2 of Article 8).
The application is addressed to a specific official:
- head of Administration, Organization
- deputy Head.
- head of the Structural Unit
The text of any application begins with the appeal:
- please understand the situation
- please help with the resolution of the current problem.
- please check the condition
- please pay attention to the following problem (question)
Example of feeding collective collective statement Demonstrates this video material:
The application can be sent in one of the following ways:
- by mail by registered letter
- for personal transfer to the secretariat
- by email
On 2 instance of the application you need to put a mark about the date of application of the application. The decision of the official (head), to which the application is addressed is expressed by the resolution.
The resolution on the statement serves as a basis for the preparation of a written response to the author of the decision on making a decision, certificates of the status of a raised issue, an order to conduct an examination, verification, etc.
Mandatory sections of the application
The statement must be:
- name of the document (application)
- the name of the administration, organization or institution in which the application will be sent
- the full name of the position of the person to which the statement is drawn
- surname, name, patronymic of the applicant
- application information:
- address
- passport details
- contact phone number
In the upper right corner you need to specify the addressee (for example, "to the administration" and write the name of the municipality, but if a specific addressee is known, it is better to write his position, surname and initials).
Other mandatory information:
- concrete and at the same time a sufficiently compressed statement of the essence of the application
- in the final part of the application, a request is formulated about the implementation of its rights or protection of interests.
- the list of documents that are attached to the application is made with their description.
- after the word "applications" and before the applicant's signature
- the date of the application
- personal signature applicant with decoding
Note:
- the application is submitted to 2 copies on which the incoming number and the signature who accepted
- one copy of the application with the incoming number and the date of adoption is transmitted to the applicant
- within 30 days from the date of acceptance of the application, the authority has been obliged to give an answer.
- if the statement is collective, you need to write completely after signatures, the name, the patronymic of all applicants
- statements in which there are obscene or offensive expressions, the threats of life, health and property of an official, as well as members of his family, are not considered
- anonymous statements are not considered
A complaint
Complaints - odnin of ways to combat violations of citizens' rights and legal entities.. They, at the same time, are a means of preventing such offenses.
The complaint will appeal:
- on the restoration of rights and legitimate interests
- on bringing to the responsibility of persons who admit violations
- about appealing actions and decisions of the body of the inquiry, the investigator, investigator, the prosecutor and the court, in their own way legal statuscontributing to the detection and elimination of violations and errors made in the process of criminal proceedings
The content of complaints is varied. People complain as officials, police officers, a housing company, on neighbors, to a doctor or hospital, by mail or insurance company, on the director of the enterprise, on a judge, etc. how for their inaction or on their unlawful actionsand in the case of disagreement with the decision or actions affecting the rights and protected interests of citizens.
The complaint may be submitted in oral writing:
- to court
- to the state authority
- in the local authority
- official person
The goal and complaints are one - to achieve restoration or protection of violated rights, freedoms, legitimate interests or rights, freedoms, legitimate interests of others.
The right to file complaints possess:
- citizens of the Russian Federation
- foreign citizens
- stateless persons living on legal grounds in Russia
About the deadline for filing a complaint
Complaints are filed in cases
- the rights of a citizen or citizens are already violated.
- recovery is required
The complaint can be submitted during a certain period:
- no later than 3 months from the moment the citizen became aware of the violation of his rights
- no later than 1 month from the date of written or oral notification of the authority or an official of the refusal to satisfy its requirements contained in the appeal (for example, in disagreement with judicial decision The appeal is served)
When passing the deadline for filing a complaint good reasons and subject to the provision of justification documents ( sick leave, travel destination) The deadline can be extended.
Complaint requirements
The text complaint should not be:
- materials of slanderous character
- expressions insulting the honor and dignity of those who complains a citizen
How is the complaint?
The document must contain:
- recipient addressee
- sender data
- specify stakeholders (usually for judicial documents)
- statement of facts and circumstances proving or testifying to violation of the applicant's rights:
- with reference to laws, decisions or acts of local authorities belonging to the problem affected in a complaint (with the name, number, date of publication, specific points of the document)
- requirements:
- eliminate violations
- break to justice
- perform concrete actions:
- review a judicial cause
- remove from employee
- signature under the text of the complaint:
- without signature, the complaint is considered anonymous and not inspired
- summer feed date
- additional documents attached to the complaint:
- their list should be grouped into the section "Applications"
- post a list of documents under the content of the complaint before the signature
It must be borne in mind that:
- requests in the complaint need to be formulated, taking into account the authority of the official and the authority in which the complaint is served
- the requirements exhibited in the complaint should not be mutually exclusive
If the complaint is filed "not at the address", for example, to the administration for the inaction of a policeman, then the applicant in obligatory An explanation is given to where to contact.
Complaints will not be considered if it is impossible to set the authors of the documents attached to them. Such documents are considered anonymous.
Petition
The petition is the form of circulation of citizens, groups of persons or organizations with the last submitted:
- in any public organization
- to the state authority
- in the superior instance
The petition is given in the name of a specific official, which is competent in the problem specified in the petition and has relevant authority to solve the issue, for example:
- acting at the enterprise trade union organization It applies to his guidance on the provision of housing from the enterprise Fund to a specific employee
- the plant's management may apply for the allocation of a place in the hostel located on the balance of another enterprise
The petition is one of the types of appeals in state bodies. Applying a petition is allowed only on those questions and in those cases that are established by the legislation of the Russian Federation.
For example, a petition for issuing permission to enter the Russian Federation
- foreign persons
- stateless persons
you can get on on the public service website.
In the process judicial investigation The petition becomes the official request set out in writing by the participants of the judicial workshop in order to implement certain actions:
- clarification of individual facts regarding the court hearing
- providing their own security or legal representativesoperating during the investigation or legal proceedings
- meaningful for a specific trial
- have a straightforward
Deviation from consideration of petitions filed by legal proceedings- violation of the Criminal Procedure Code of the Russian Federation (Article 159).
Petition
Petition is an official petition. Served individually or in a collective form:
- to organs state power
- local governments
in writing For the purpose of initializing or changing some government decision.
In petitions, directed, as a rule, in higher Organs State power, not private, but socially significant public issues.
In Russia, a special federal law establishing special order Nominations, petitions, its directions and consideration, no, or not yet, but the Constitution of the Russian Federation, due to the lack of articles about the petition, does not give Russians with the right of their submission.
In a number of developed countries, the right to submit petitions, as well as the free willing of their peoples, is fixed on legislative level. In accordance with the laws adopted, the minimum volume of signatures is defined, which must be accomplished in order for the document to be submitted to the Government body. The minimum number of signatures in the petition depends on the features legal system, the possibilities of fast request processing and, of course, from the political system of the state.
Petitions in countries where petition nomination is allowed is one of the most important tools for the influence of society to power. They provide communications between the power and citizens, although often in various reasons.
Possibility of promoting petitions in Russia
The possibility of nomination of petitions in Russia was regulated by decree of the President of the Russian Federation "On the consideration of public initiatives directed by citizens of the Russian Federation" (No. 183 of March 4, 2013).
Petitions are served using the Russian Public Initiative Resource.
This portal allows you to:
- cut a considerable audience
- collect a large number of signatures
In addition, the need to prepare a huge reservoir disappeared paper documents, In conducting personal meetings and in establishing contacts. Electronic petitions have gained great popularity. Electronic and paper (written) Petition options are equivalent to legal strength.
The task of petition is not only in collecting signatures. They create a more important opportunity - combine people, not indifferent to a specific common problemFor which you can work together, seek the right attention to it both by the authorities and organizations, companies and a wide range of socially active groups of the population.
Petition is an official summary of the will of a large number of citizens. With this fact, power is obliged to reckon. Petition allows you to influence adopted Law, Partially change it or generally cancel if there is enough reason to do this. Petitions, by and large, you can put forward with respect to any questions, whether it is removed from the post of corrupt official or the creation of a children's park in the city or village.
Complaint Written demand addressed to the authorized state body to eliminate violated rights and legitimate interests. According to the claims (civil) production are filed claims, and on affairs arising from ... ... Wikipedia
Cry, dressing, ropot, mesh, judge, elegy; Appeal. Cf ... Synonym dictionary
- (1) 1. Sadness, Mount: Uvan Knostius Rostislav Zattric Dnѣpr., Dark Birches crying to Mati Rostislavl by Uanosi Prince Rostislavѣ. Dyshusya Christi complaint, and the tree with a tag of the land of Proskonlo. 42 43. 1478: Prince Great stood under NEZHFORK 12 [weekly] ... Dictionary-Directory "Word about the regiment of Igor"
A complaint - (Lat. Querel / 1 / a; English. Appeal, complaint) In the Russian Federation, oral or written appeal to the court, a government body, local government or an official about the violation of rights and protected interests ... Encyclopedia Rights
Complaint, complaints, wives 1. The expression of displeasure (in words), networks about troubles, pain, suffering. Bitter complaints. Table complaints. Standing complaints about the lack of money. 2. Official statement About displeasure with a request ... ... Dictionary Ushakova
Appeal to the state authority or to a sake of violation of the rights or protected by the law of interests of a citizen, a company, a public organization. Vocabulary of business terms. Academician. 2001 ... Business Terms Dictionary
- (eng. Grievance) conflict between the manager and the workers (or trade union) about the interpretation of the contract's coherent position ( labor contract). Rayzberg BA, Lozovsky L.Sh., Starodubtseva E.B .. Modern Economic Dictionary. 2 e ed., Snap ... Economic Dictionary
See crying, mourn ... Biblical Encyclopedia Brockhausa
Complaint, s, wives. 1. The expression of displeasure about which n. Unpleasant, suffering, pain. Bitter wives. Complaints for loneliness. 2. Official statement asking for the elimination of any. Disorder, injustice. Submit a complaint to whom n. ... ... Explanatory dictionary of Ozhegov
- "Complaint", USSR, Odessa Film Studio, 1986, CV., 76 min. Criminal drama. During the operation, the patient dies. His relatives file a complaint to the prosecutor's office. The assistant to the prosecutor of the Clives, investigating the case, is convinced that a talented surgeon ... ... Encyclopedia of cinema
Books
- A complaint is a gift, Barlow Janell, Meller Claus. The proposed book is a practical guide for organizations of any type working in all areas of the economy and weekly interact with consumers. The authors reworked the previous ...
- A complaint is a gift. How to keep customer loyalty in difficult situations, Janell Barlow, Klaus Meller. The proposed book is a practical guide for organizations of any type working in all areas of the economy and weekly interact with consumers. The authors reworked the previous ...
Topic 9. Development on written and oral appeals of citizens
In accordance with the Constitution of the Russian Federation, all citizens of the Russian Federation have the right to send personal and collective appeals to state bodies and officials who are obliged to consider these appeals within their competence, to make decisions on them and give a motivated response within the prescribed period.
Sentence - The type of appeal, the purpose of which, first, to draw attention to the need to improve the work of certain state bodies, enterprises, institutions or public organizations, and secondly, to recommend concrete paths and ways to solve the tasks.
Statement - type of treatment aimed at implementing the law provided by law subjective rights and the interests of citizens. Expressing a personal or social form, the application may signal and about certain shortcomings in the activities of state bodies, enterprises, institutions, public organizations. Unlike proposal, it is not disclosed and ways are not proposed to solve the tasks.
A complaint - A type of treatment in which there is a violation of subjective rights and protected by the law of interests of citizens. As a rule, the complaint contains not only information on the violation of subjective rights and request for their restoration, but also the criticism against public or public bodies, enterprises, institutions, organizations, officials and individual citizens, as a result of the unreasonable actions of which, or unreasonable refusal to commit provided by law actions happened according to the applicantViolation of his subjective rights.
In many cases, suggestions, statements, complaints act in pure form. In their content, there are signs of adding only one specific species. Thus, for example, a statement on the appointment of a pension is a claim in its pure form, a complaint against the rudeness of the employee of the department of the field of administration of the region is also a complaint of pure form, etc. However, there are often appeals wearing mixed character. So, in one handling there may be a statement of exemption from tax and an inclusive employee action financial Organ etc.
Working with consultations of citizens is underway on the basis of a model provision on the conduct of office work on proposals, applications and complaints of citizens in government agencies, enterprises and organizations and the laws of the edges and regions.
The standard establishes the procedure in accordance with which citizens' appeals are submitted to the authorities competent in the permitting of this issue. Complaints are submitted to those organs and those officials who are subject to organs and persons whose actions are appealed. State and public bodies and persons, which do not include issues set in appeals, should not later send them to affiliates in a five-day period, by loving the applicant about this. It is forbidden to send complaints of citizens to resolve those to those or those bodies for which the complaint was filed.
Officials of state and public authorities are also obliged to conduct a personal reception of citizens. For this, days and hours are installed, including in the evening, both at the place of work and at the place of residence of citizens.
Heads of institutions should inform citizens in writing or oral form On decisions taken by their appeals. The law establishes that if a citizen does not agree with the decision on his question, he has the right to appeal this decision to this or the official person to whom the state or public authority is subordinated. Either an official who adopted the appealed decision.
The appeals are permitted on time to one month from the date of registration, and not requiring a legislative study - immediately, but no later than 15 days later. The terms of consideration of complaints may be extended if one or another requires a special study and additional checks.
Certificates on requesting citizens in government agencies, enterprises, institutions, organizations are carried out separately from the processing of other types of documents.
According to the typical position, the following is established. the procedure for office work on the appeals of citizens:
All appeals are recorded on the day of receipts and are taken into account on the registration card or in the journal. The registration number is affixed at a certain place according to GOST R 6.30-2003. It consists of the initial letter of the author's name of the letter and the sequence number of the received document, for example, K-187 of 12.06.2011.
Determined that repeated Applications, when entering them, is assigned another registration index, and in the relevant column registration Control Card (RKK) It is indicated by the registration number of the first sentence, applications, complaints. In the upper right corner of repeated statements and on the registration control card, the "Repeated" mark is made. Repears are considered suggestions, statements and complaints of citizens who received from the same person in the same question, if since the submission of the first statement has expired, established for consideration, or the applicant is not satisfied with the answer to it.
Suggestions, statements and complaints of citizens who received from the same person and in the same matter to various addresses and received to decide on one state body are taken into account under the registration number of the first document with the addition of the sequence number through the fraction, for example, 187/1, K-187/2, K-187/3.
Card file From registration control cards, it is necessary to form according to alphabetical, geographical and thematic features.
Control over the permits of proposals, applications and complaints of citizens in government bodies is entrusted with officials who are required to ensure timely and complete consideration of letters and fulfillment of decisions adopted by proposals, applications and complaints.
If one or another addressee sends a letter of citizens to him into government agencies and requires reporting the results of their consideration, such letters are taken on special control with the station in the "K" sign installed on the document.
Offers, statements and complaints of citizens who are given intermediate answers, are not removed from control. In this case, the control is completed only after making exhaustive measures to resolve the issue. The decision to remove control of the control of state bodies responsible for the timely and correct consideration of the letters of citizens.
Answers to suggestions, statements and complaints of citizens give managers and specially authorized persons from state bodies. The answer can be given both in writing and orally at personal reception. In this case, the corresponding entry is made in the registration check card. Suggestions, statements and complaints of citizens are considered permitted if all the questions set in them and are given comprehensive answers in accordance with applicable law.
The heads of government agencies should systematically analyze and summarize the proposals, statements and complaints of the citizens, which contain comments in them in order to timely eliminate their causes. Materials for analysis and generalization are prepared by officials leading to office work on proposals, comments and complaints of citizens. They generalize them in the form of analytical references and pose them to their leaders.
Proposals, comments and complaints of citizens return after their permission to officials leading their office work in the institution, with all associated materials for centralized formation of cases.
Storage of cases of performers is prohibited. Documents in cases are located in chronological or alphabetical order, while each application and proposal with all materials relating to them constitute a single group where repeated statements and newly incoming materials are also laid. Responsibility for the safety of documents of this species in the institution is carried by the head of the institution and the person responsible for conducting office work on proposals, comments and complaints of citizens.
There is a five-year shelf life of proposals, comments and complaints of citizens and all documents to resolve them. As needed, the expert commission can extend this period or establish a constant shelf life. Such a decision of the expert commission should be approved by the head of the institution. The affairs of the permanent period of storage and temporary (over ten years) are transferred to the archive of the state institution a year after they are completed by the office work. After ten years of storage, the case is transferred to the archive to resolve the management of the institution. After the expiration of the storage is subject to destruction in the prescribed manner.
according to Federal law "On the procedure for considering the appeals of citizens of the Russian Federation" of 02.05.2006 No. 59-FZ, - request a citizen about the restoration or protection of its violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of others.
Excellent definition
Incomplete definition ↓
A COMPLAINT
appeal of a person on violation by decisions and actions (inaction) of the body or an official of the rights, freedoms or legitimate interests of a citizen. As a result of such decisions or actions (inaction): the rights, freedoms or legitimate interests of a citizen are violated; There are obstacles to the implementation of its rights, freedoms or legitimate interests; The citizen is illegally entrusted to any duty; A citizen is illegally attracted to any responsibility. The legislator allows that J. can be both individual and collective. At the same time, the complaints must be signed by persons who are submitted. J. Citizens State bodies are allowed in accordance with their competence established by the Constitution of the Russian Federation, as well as the legislation of the constituent entities of the Russian Federation. For the purposes of timely consideration of J. Citizens, the following rules are established: J. Submitted to those organs or those officials who are directly subordinated to the state, public authority, an institution, institution, organization or official, actions (inaction) are appealed; State and public bodies, enterprises, institutions, organizations, their leaders, etc. Officials, whose maintenance does not include the resolution of issues supplied in J., direct them no later than a five-day term for belonging, notifying applicants about this, and Personal reception clarify where they should appeal. It is forbidden to send J. Citizens to resolve those organs or officials whose actions appealed. J. Citizens State bodies are allowed in accordance with their competence established by the Constitution of the Russian Federation, as well as the legislation of the constituent entities of the Russian Federation.
The law of the USSR citizen to file Zh. On illegal actions of an official or government agency, as well as the obligation of the relevant authority to consider this J. essentially to take appropriate measures, is one of the most important guarantees of legality in management.
In the USSR for feeding G. have the right to all citizens without exception. It can be filed and about the actions of an official who is not directly related to the personal interests of the complainant itself. In the Soviet state there are no restrictions for the circle of officials and institutions, on the actions of which are not limited to the circle of actions that may be appealed. Thus, the right of J. In the Soviet state has the principal peculiarity that, on the one hand, J. is a means of protecting the rights and legitimate interests of citizens in case of their violation, and on the other, it is legitimate to improve the work of the Soviet state apparatus.
Applications and letters help to open and eliminate many disorder and improper actions, expose dishonest people who allow abuse, reprehensors of state and social property. From this it follows that the correct organization of the case of admission and consideration of J. and the adoption of necessary measures is important for strengthening the socialist legality and the protection of the rights and legitimate interests of citizens of the USSR, state and public institutions and organizations.
In the Soviet Socialist State, institutional and political and legal guarantees are established, providing timely consideration of J. and the adoption of necessary measures: responsibility for organizing the reception and timely permission of J. It is entrusted personally to the head of the institution; Installed visitor reception hours with responsible employees of the institution; The accurate accounting of the receipt and movement is introduced; Installed disciplinary I. criminal liability employees of institutions responsible in the loss of J. in order to ensure the timely and correct allowed J. They should be considered in those bodies, the competence of which includes the question affected by the complaints should be resolved in deadlines: in republican, regional (regional) bodies - up to 1 month, in district and urban bodies - up to 20 days, and J. servicemen, respectively - up to 15 and 7 days from the date of submission of J. The question of J. is considered permitted only after the adoption of all measures specified in the decision of the body allowing J.
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