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The concept of "citizens' appeal". Types of appeals

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11.11.2020

Complaint is a written request addressed to the authorized state body for the elimination of violated rights and legitimate interests. In cases of claim (civil) proceedings are filed statements of claim, but in cases arising from ... ... Wikipedia

Howl, howl, murmur, lamentation, jeremiad, elegy; petition, appeal. Wed ... Synonym dictionary

- (1) 1. Sorrow, grief: I take away to Prince Rostislav, shut up Dnѣpr, dark birchѣ the mother of Rostislavl is crying for the abduction of Prince Rostislavѣ. Despondent flowers with a complaint, and the tree with a tightness to the earth bowed. 42 43. 1478: The Great Prince stood near Novymgorod 12 [week] ... Dictionary-reference book "The Word about Igor's Regiment"

Complaint- (lat.querel / 1 / a; English appeal, complaint) in the Russian Federation, oral or written appeal to a court, state body, body local government or to an official about the violation of rights and legally protected interests ... Encyclopedia of Law

COMPLAINT, complaints, wives 1. Expression of displeasure (in words), complaining about troubles, pain, suffering. Bitter complaints. Tearful complaints. Constant complaints about the lack of money. 2. Official statement about displeasure with a request for ... ... Explanatory dictionary Ushakova

An appeal to a state body or to an official regarding the violation of the rights or legally protected interests of a citizen, company, public organization. Dictionary of business terms. Academic.ru. 2001 ... Business glossary

- (English grievance) a conflict between a manager and a worker (or trade union) over the interpretation of a particular contract clause ( employment contract). Raizberg BA, Lozovsky L.Sh., Starodubtseva EB .. Modern economic dictionary. 2nd ed., Rev ... Economic Dictionary

See Crying, mourning ... Brockhaus Bible Encyclopedia

COMPLAINT, s, wives 1. Expression of displeasure about what n. unpleasant, suffering, pain. Bitter wives. Complaints about loneliness. 2. An official statement requesting the elimination of any n. disorder, injustice. File a complaint against whom n. ... ... Ozhegov's Explanatory Dictionary

- "COMPLAINT", USSR, ODESSA film studio, 1986, color, 76 min. Crime drama. The patient dies during the operation. His relatives file a complaint with the prosecutor's office. Assistant Prosecutor Klivtsov, investigating the case, is convinced that the talented surgeon ... ... Encyclopedia of Cinema

Books

  • The complaint is a gift, Barlow Janell, Meller Klaus. This book is a practical guide for organizations of any type, working in all spheres of the economy and interacting with consumers on a weekly basis. The authors revised the previous ...
  • A complaint is a gift. How to Maintain Customer Loyalty in Difficult Situations, Janelle Barlow, Klaus Möller. This book is a practical guide for organizations of any type, working in all spheres of the economy and interacting with consumers on a weekly basis. The authors revised the previous ...

Meaning of the word:

Complaint is a citizen's appeal to state or other public authorities, their officials, v judicial authorities regarding the violation of his rights and legitimate interests. - v labor law- a conflict between the manager and the worker (or trade union) over the interpretation of a specific provision of the contract (employment contract). - one of the types of citizens' appeals to state bodies, local self-government bodies, to the administrations of enterprises, institutions and organizations, public associations, officials (other types of appeals may be proposals, statements, petitions). J. is filed when its author believes that his right and interests have been violated by a decision that has taken place, by the action of the addressee of the complaint or another body, an official, in relation to which the addressee J. occupies the position of a higher authority. J.'s goal is to achieve decision-making, actions that would restore the violated right, the legitimate interests of the citizen. Submission of Zh. Is the exercise of the citizen's right to appeal, enshrined in Art. 33 of the Constitution of the Russian Federation. In criminal and civil procedural law there is a special procedure for appealing against decisions taken by the courts (see: Cassation appeal. Cassation). (S. A.) - an appeal of a citizen to state or other public bodies, their officials, to the judicial authorities regarding the violation of his rights and legitimate interests. One of the forms of implementation constitutional rights citizens of the Russian Federation (Article 46 of the Constitution of the Russian Federation). Regulatory framework This right (except for the Constitution of the Russian Federation) is the Decree of the Presidium of the Supreme Soviet of the USSR dated April 12, 1968 No. 2534-VII "On the procedure for considering proposals, applications and complaints from citizens", which operates on the territory of the Russian Federation in the part that does not contradict the Constitution and legislation of the Russian Federation, Law of the Russian Federation of April 27, 1993 No. 4866-1 "On Appealing Actions and Decisions Violating the Rights and Freedoms of Citizens in Court." The legislation of the Russian Federation distinguishes between: common law of J., which all citizens have, and special right of J., granted to persons as participants in civil, criminal proceedings, administrative, disciplinary proceedings, and labor disputes. One of the types of implementation of a special right is complaint on the decision in the case of an administrative offense. Common law Zh. Is divided into administrative and judicial appeal. V administratively acts and actions of any body and official by any citizen can be appealed. Zh. Is filed in the name of bodies or officials to whom the body, institution, organization or official whose actions are being appealed are directly subordinate. G. must contain the details of the author (surname, name, patronymic of the person submitting complaint, address of the place of residence, data on the place of work, service or study). It is forbidden to consider and take action on anonymous J.J. writing the person who filed J. is notified. Citizens have the right to appeal to the court against any actions of collegial and single-primary bodies of state power, local self-government bodies, enterprises, institutions, their associations or officials, other civil servants and employees of local self-government bodies. An alternative procedure for appeal has been established: a citizen can, at his own discretion, apply to J. directly to the court or to a higher authority (official) in the order of subordination. If the citizen's satisfaction with J. is denied or he has not received an answer to J. within a month from the date of its submission, he has the right to apply to J., therefore, the question is brought to court. Actions, decisions (acts of management), including the failure to provide information, as a result of which: violated rights and freedoms or illegally created obstacles to their implementation, or the citizen is illegally imposed any obligation, or he is illegally held accountable are subject to appeal. J. can be brought to court within the following terms: within 3 months from the day when the person became aware of the violation of his rights and legitimate interests; within 1 month from the date of refusal to satisfy J. by a higher body (official) or from the day of the expiration of one month from the date of submission of J., if no written response has been received to her. J. is filed with the court at the place of residence or with the court in the territory of service of which the body (official) whose actions are being appealed is located. J. can be brought to court by a citizen personally or by his authorized representative. The consideration of J. by the court is carried out according to the rules civil proceedings... The court, having established the illegality of the contested actions, cancels the

A complaint is a way to deal with the violation of the rights of citizens and organizations that they face. They complain about both officials and the actions of persons who do not have authority. Hence, there is a significant difference between the various statements.

Legislative regulation

In the Russian Federation, a complaint means a wide range of applications from citizens and all kinds of organizations. They are sent to the administrative authorities, the police, the prosecutor's office, and the courts. Because of this, the rules for writing paper differ significantly.

To do everything right, you should pay attention to a number of regulations, these are:

  • The Law on Citizens' Appeals.
  • Law on the Prosecutor's Office.
  • Regulations, instructions, decisions, acts adopted by other bodies.

In addition, the practice of making administrative regulations... They combine the provisions of different acts, contain samples of documents and describe the procedure for the actions of officials.

All listed regulations are, in fact, the basis that provides guidelines for the correct preparation of documents.

General writing rules

The complaint is official paper and should look like it. The text is written on album sheets. When compiling, they actively use computers. However, the law does not restrict applicants from using the pen. The color of the paste is also irrelevant.

It is undesirable to allow corrections and deletions, but the official has no right to refuse to consider the application for this reason. It is a different matter if it is impossible to make out what has been written. It is equally important to adhere to the rules of spelling and punctuation so that the text does not lose the meaning put in by the author.

A complaint that was not considered due to the impossibility of reading it is allowed to be sent again. Everything is different with the court. The definition indicates that the application is wrong, and time is given to correct the deficiencies. Improperly submitted corrections will result in the return of the materials to the sender.

The author should take a balanced approach to the amount of information. Excessive information or understatement makes the document meaningless. We must not forget that a complaint is a means to convey to the authorities their vision of a problem and ways of solving it. Stating the dry facts and referencing the law is a big part of success. At the same time, you should not saturate the text with emotions.

How to arrange correctly

A complaint is a document consisting of the following points:

  • destination;
  • sender;
  • interested parties (more often indicated in court documents);
  • a statement of the circumstances, facts testifying to the violation of the applicant's rights;
  • references to legislation (name, numbers, clauses of laws or regulations related to the issue);
  • requirements (to prosecute, eliminate violations, take specific actions);

Requests are formulated taking into account the powers of officials. The end requirements should not be mutually exclusive.

For example, a police officer does not interfere with the actions of the housing supervision authorities, and vice versa. The applicant is explained where to apply in his case.

If attached additional documents, a list of them is presented below the text.

Filing a complaint through a representative obliges him to present a power of attorney and attach a copy of it.

How to route papers to the addressee

There are three ways:

  • by mail;
  • personally;
  • through a representative.

In practice, there is a transfer of documents through a courier or courier, but this is not allowed everywhere.

It is advisable to send letters via mail with a notification. This is the name of the card returned to the sender. She confirms receipt of the letter by the addressee. The receiving person puts his signature.

Inventory with an attachment seems to be a more reliable option, but it's best not to do this. A notice is sent to the addressee from the nearest post office, the letter itself remains in the mail until they appear for it. Often no one picks up letters like that, and they are returned to the sender. It doesn't matter if it's a complaint against a court decision or some other kind of paper.

Postal items with notification are directly delivered to the recipient organization.

Personal transfer is organized in the office according to the schedule. If there is a personal reception, often the application is transmitted to the official directly. On the copy, the accepting person puts his signature and the date confirming the acceptance of the application.

The representative acts under a power of attorney. It is issued either at the place of residence in management company, or a notary.

Electronic complaints

V last years an opportunity to file a complaint online is provided. True, in some cases, the presence of digital signature, confirming the authenticity of electronic statements. For example, claims are filed over the Internet.

Materials are sent to the website of the head of state without additional requirements, in a similar way, the case is organized on the website of the Ministry of Internal Affairs, FSSP, the prosecutor's office and some other services.

Features of appeals to the prosecutor's office

If applications from citizens are of a general nature, they are subject to the Law on Citizens' Appeals.

The prosecutor's office is engaged in checking the decisions of officials; it does not replace other bodies. If no one has dealt with the problem yet, the documents are transferred by ownership. What the prosecutors report directly at the reception.

In the framework of a criminal case, it is allowed to file a complaint either to the prosecutor, or to the head of the investigation department, or to choose from. The procedure, the requirements for the complaint are provided for by the Criminal Procedure Code. Bypassing the listed instances, the applicant has the right to apply to the court directly.

How to contact the police, the UK and the FSB

The police accept complaints in the form of routine statements and crime. The first category concerns administrative offenses... Allegations of crimes are recorded in a special journal. The author is warned about responsibility for what in the statement he writes with his own hand. A coupon for the acceptance of the application is issued. When admitted to the police, by the way, they write it by hand on a letterhead, so the police protect themselves from accusations of falsification.

It is not forbidden to send a complaint or statement by mail or through a representative, if it is not possible to appear in person.

It is advisable to report the crime to the authority that will investigate it. If the information about the crime gets to the wrong address, the materials are handed over to the right person for verification.

A complaint against a decision of a traffic police inspector or other service is also filed in the system of the Ministry of Internal Affairs.

The actions of the officers of the committee and the security agencies to receive complaints are identical to the algorithm of the actions of the police. These issues are regulated by one law, departmental acts may differ. The difference between them is not significant.

Features of appeals to the court

Judges, unlike administrative bodies, police and prosecutors work exclusively on the basis of applications. They are drawn up in the form of complaints, claims, representations (this is the name of complaints filed by prosecutors).

The design depends on the form of production (criminal, civil, administrative, arbitration, materials on the Code of Administrative Offenses).

The time allotted for filing a complaint varies from a few days to years.

Procedural codes contain clear requirements for the content of statements. In criminal proceedings, a complaint to the court is filed in one copy, without the attachment of documents. Of course, it is better to introduce them. This will benefit both the court and the applicant.

Features of going to court in civil and administrative cases:

  • the number of copies of the complaint and the attached documents according to the number of parties;
  • statement of circumstances;
  • violation of the law;
  • payment of state duty (the amount is stipulated by the Tax Code).

The latter is not paid when filing complaints on administrative materials (Code of Administrative Offenses) and criminal cases. Benefits are provided to applicants in certain categories of civil and administrative cases.

To what extent a complaint to a court is more effective depends on the specific situation. Moreover, in the Russian Federation the decision of the first instance is appealed through a number of higher levels of the system.

Legal assistance

It consists of a number of points:

  • choice of acts to be guided by;
  • facts that matter;
  • evidence that a person already has and which must be claimed.

The lawyer can explain how to write a complaint, or do it instead of the person who applied.

A mixed approach is common - people try to do everything themselves, resorting to consultations, where they cannot do without it. Moreover, the Internet offers a wide range of resources where lawyers offer their help in clarifying laws for free.

How to write a complaint is explained on the sites government organizations, in particular ships. There it is directly suggested to download the forms of complaints and statements. This is easier for both citizens and officials.

In general, it is not difficult to write a statement about the violation of your rights, there is plenty of information. If something is not possible to understand, you can contact a specialist.

Conflict situations in the process of communication and interaction between subjects always arise and a written exchange of complaints and statements is considered in a civilized way their solutions. The difference between these two documents is significant.

What is a complaint

The complaint is requirement in writing when contacting a government agency authorized to eliminate a certain type of infringed rights and legitimate interests of citizens. Complaints are filed as a result of the emergence of administrative and legal relations.

The right of any citizen to defense consists in the right to appeal against all illegal actions and decisions.

Complaints are categorized into two versions of the essence of the emerging relationship:

  1. An administrative complaint is filed with the PA authorities as a complaint against the actions and decisions of the PA representatives.
  2. Judicial complaints filed with the higher courts.

An administrative complaint, in turn, is subdivided into:

  • General administrative complaints, the settlement of issues is made on the basis of the Federal Law on the order.
  • Special ones that require settlement by other legal acts.

Court complaints have a number of specific features.

  1. A complaint to a court instance can be filed after an administrative one, as an appeal against a decision, inaction or illegal action.
  2. It is possible to immediately file a complaint with the court.
  3. The filing of complaints of both options at the same time: administrative and judicial.

Characteristics of complaints

To file a complaint, you must reach the age of administrative legal capacity in accordance with the laws of the Russian Federation and constitutional rights upon reaching sixteen years old.

A specific feature of the complaint is that it is submitted either to a high-ranking official or to a higher authority in relation to the one whose actions the complaint applies to.

The deadlines for filing a general complaint are not regulated by law.

Complaints concerning questions of jurisdiction are submitted:

  • V arbitration courts, the solution of issues related to the solution of economic issues as a result of commercial activities.
  • Military courts, issues arising in the course of military service to the military command or command personnel.
  • Courts crucial issues general jurisprudence.

What is a statement

Official appeal of one or more civilians, to the governing bodies state power or local government, administration legal entity called a statement.

Characteristics of the statement

  1. The application is not associated with any violation of rights, or infringement of any legitimate interests.
  2. The content does not contain a request for action in relation to the elimination of violations of any nature.
  3. The statement is purposefully based on the goal of implementation legal rights and the interests of the applicant.
  4. Elimination of shortcomings in the activities of organizations and enterprises.
  5. Served in writing and verbally.
  6. The procedure for consideration is similar to the procedure for consideration of administrative complaints.

Terms of consideration and rights of persons filing a complaint or application

Often, complaints and statements currently remain unanswered. Nevertheless, there are strict regulations for this procedure. Knowledge of the time limits established by the law of the Russian Federation gives the right to demand compliance with these norms and, in case of inaction, gives the right to appeal to the prosecutor's office.

  • The term for consideration of a written complaint or application cannot exceed thirty days... The day of the beginning of this time period is the day of registration of the complaint or statement in the office.
  • To comply with this regulation, it is advisable to have a copy with a mark of acceptance or a second copy with a similar mark on your hands.
  • You need to know the position, full name of the person who accepted the complaint or application.
  • The exceptions are complaints and statements that contain information about a violation of migration legislation, the term for their consideration is limited to twenty days.
  • The extension period for the consideration of applications or complaints from citizens obliges government agencies or other defendants to send a notice to the applicant about the need for additional information on an issue of interest, which requires additional requests to other organizations. Requests and notifications are sent simultaneously. Information can be sent to the applicant by mail or in in electronic format to the email address.

Applicant's rights:

  1. During the entire period of consideration, provide documents and information to the body that deals with the consideration of the complaint or application.
  2. Has the right to familiarize himself with the documents on the issue to be resolved, if this does not contradict the regulatory enactments.
  3. The ability to get help in cases of impossibility to obtain any documents without official requests.
  4. Require compliance with the thirty-day deadline.
  5. If an application or complaint is not submitted to the authorized body for resolving the issue, this body must notify the applicant about the error and forward the complaint to the body in charge of resolving the issue.
  6. In case of inaction, the applicant has the right to file a complaint with a higher authority.
  7. Has the right to write a statement to terminate the consideration.

Differences between complaints and statements.

  1. Differences in the position of subjects of law of a procedural type.
  2. The claim is filed exclusively in writing in the prescribed form, the application can be submitted orally or in a free written version.
  3. Court complaints are considered in compliance with the strict deadlines of the regulations established by the Code of Civil Procedure of the Russian Federation.
  4. A lawsuit should be filed only in cases of disputes about rights, that is, the person submitting it is confident that his rights and interests are protected by law \, Article 134 gives the right to refuse to accept the claim. The application is accepted in any case, since it does not contain requirements, but contains a request to exercise one's rights and interests.

The right to appeal to higher authorities, bodies of state power and self-government is enshrined for a citizen by the Constitution of the Russian Federation, a document confirming effective forms of protecting personal rights. The form of appeal can be individual or collective.

TOPIC 9. BUSINESS PROCEEDINGS ON WRITTEN AND ORAL APPEALS OF CITIZENS

In accordance with the Constitution of the Russian Federation, all citizens Russian Federation have the right to send personal and collective appeals to state bodies and officials who, within the limits of their competence, are obliged to consider these appeals, make decisions on them and give a reasoned answer within the prescribed period.

Offer- type of appeal, the purpose of which, firstly, to draw attention to the need to improve the work of certain government agencies, enterprises, institutions or public organizations, and secondly, to recommend specific ways and means of solving the tasks.

Statement- type of appeal aimed at the implementation of those provided by law subjective rights and the interests of citizens. Expressing a request of a personal or public nature, a statement can signal certain shortcomings in the activities of state bodies, enterprises, institutions, and public organizations. Unlike the proposal, it does not reveal the ways and does not offer ways to solve the tasks.

Complaint- the type of appeal, which deals with the violation of subjective rights and legally protected interests of citizens. As a rule, the complaint contains not only information about the violation of subjective rights and a request for their restoration, but also criticism of state or public bodies, enterprises, institutions, organizations, officials and individual citizens, as a result of unreasonable actions of which, or unreasonable refusal to commit provided by law action happened, according to the applicant, violation of his subjective rights.

In many cases, proposals, statements, complaints appear in pure form, i.e. in their very content there are signs of only one definite type of circulation. So, for example, an application for the appointment of a pension is a pure application, a complaint about the rudeness of an employee of the letter department of the regional administration is also a pure complaint, etc. However, there are often appeals that carry mixed character. So, in one appeal there can be a statement of tax exemption and a complaint about the employee's wrong actions. financial authority etc.

Work with citizens' appeals is carried out on the basis of the Model Regulations on the conduct of office work on proposals, applications and complaints of citizens in state bodies, at enterprises and in organizations and the laws of territories and regions.

The standard establishes the procedure according to which citizens' appeals are submitted to the authorities competent in resolving this issue. Complaints are filed with those bodies and those officials to whom the bodies and persons whose actions are being appealed are subordinate. State and public bodies and persons whose jurisdiction does not include the issues raised in the appeals must, no later than five days, send them to their affiliation, notifying the applicant about this. It is forbidden to send citizens' complaints for resolution to those persons or to those bodies against which the complaint is filed.



Officials of state and public bodies are also obliged to conduct a personal reception of citizens. For this, days and hours are established, 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 orally about the decisions taken on their appeals. The law establishes that if a citizen does not agree with a decision on his issue, he has the right to appeal this decision to that body or the official to whom the state or public body is subordinate. or the official who made the contested decision.

Applications are allowed up to one month from the date of registration, and those that do not require legislative study - without delay, but no later than 15 days. The deadlines for the consideration of complaints may be extended if a particular complaint requires a special study and additional checks.

Office work on appeals of citizens to government agencies, enterprises, institutions, organizations is carried out separately from the processing of other types of documents.

The Model Regulations establish the following the order of office work at the request of citizens:

All requests are registered on the day of receipt and recorded on the registration card or in the journal. The registration number is affixed at a certain place in accordance with GOST R 6.30-2003. It consists of the initial letter of the surname of the author of the letter and the serial number of the received document, for example, K-187 dated 06/12/2011.

Determined that repeated applications upon their receipt are assigned the next registration index, and in the corresponding column registration control card (RCC) the registration number of the first proposal, application, complaint is indicated. In the upper right corner of repeated applications and on the registration control card, a mark “Repeated” is made. Proposals, applications and complaints of citizens received from the same person on the same issue are considered to be repeated, if the period established for consideration has expired since the time of filing the first application, or the applicant is not satisfied with the answer given to him.

Proposals, applications and complaints of citizens received from the same person and on the same issue, sent to different addressees and received for a decision in one state body, are accounted for under the registration number of the first document with the addition of a serial number through a fraction, for example K- 187/1, K-187/2, K-187/3.

File cabinets from registration control cards can be formed according to alphabetical, geographical and thematic characteristics.

Control over the resolution of proposals, applications and complaints of citizens in state bodies is entrusted to officials who are obliged to ensure the timely and complete consideration of letters and the execution of decisions taken on proposals, applications and complaints.

If this or that addressee sends letters of citizens received to him to the state bodies and demands to report the results of their consideration, such letters are taken under special control with the affixing of the sign "K" in the place specified on the document.

Proposals, statements and complaints of citizens, to which intermediate answers are given, are not removed from control. In this case, the control is completed only after the adoption of comprehensive measures to resolve the issue. The decision to remove from control is made by the heads of state bodies responsible for the timely and correct consideration of letters from citizens.

The managers and specially authorized persons from state bodies give answers to proposals, applications and complaints of citizens. The answer can be given both in writing and orally with a personal reception. In this case, a corresponding entry is made in the registration control card. Proposals, applications and complaints of citizens are considered resolved if all the questions raised in them are considered and exhaustive answers are given in accordance with the current legislation.

The heads of state bodies should systematically analyze and summarize the proposals, statements and complaints of citizens, the comments contained in them in order to timely eliminate the causes that give rise to them. Materials for analysis and generalization are prepared by officials who conduct office work on proposals, comments and complaints of citizens. They summarize them in the form of analytical reports and present them to their leaders.

The proposals, comments and complaints of citizens are returned after their permission to the officials conducting their office work in the institution, with all accompanying materials for the centralized formation of cases.

Keeping files with executors is prohibited. The documents in the cases are arranged in chronological or alphabetical order, while each statement and proposal with all the materials related to them make up a single group, where repeated applications and newly received materials are also filed. Responsibility for the safety of documents of this type in the institution is borne by the head of the institution and the person responsible for keeping records of proposals, comments and complaints from citizens.

A five-year storage period has been established for proposals, comments and complaints from citizens and all documents for their resolution. If necessary, the expert committee can extend this period or establish a permanent storage period. Such a decision of the expert commission must be approved by the head of the institution. Cases of permanent storage and temporary (over ten years) are transferred to the archive state institution one year after their completion by office work. After ten years of storage, the files are transferred to the archive by decision of the management of the institution. After the expiration of the storage period, the files are subject to destruction in accordance with the established procedure.