Citizens' appeals: consideration period. Violation of the timing of consideration of applications of citizens

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

A little about the law and the right of treatment

This federal law was passed by the legislative body of the Russian Federation in 2006, but most people still do not know about it, about what their rights are protected by this normative document. What period of consideration of applications of citizens can be learned from this legal act.

Any citizen in accordance with his interests, granted to him by the Supreme Law of Russia - the Constitution, is free to apply to any state or municipal authority, both in written and oral form, in order to receive any clarification or consideration of other issues. This right is fixed not only by the Constitution, but also by the law specified above. At the same time, the normative document says that it applies to people who are foreign citizens, as well as those who do not have citizenship at all.

The circle of persons who are legally assigned to those who have the right to such applications is very wide. It includes ordinary citizens, individuals, and organizations, as legal entities, as well as all sorts of citizens' associations, associations, unions and the like.

Right to appeal

Considered by the Federal Law on the timing of consideration of applications of citizens, it is determined that any person can independently come to absolutely any state body, to a municipal authority or apply to a non-state legal entity that performs public functions. To this person, officials are obliged to provide exhaustive answers to all questions. Naturally, these issues should be reasonable and belongs to the competence of the body to which they are directed.

This right of citizens differs in that it is free and voluntary, however such appeals of citizens, the term of consideration of which is examined below, in no way can violate the rights and freedoms of some third parties. An appealing person is obliged to exercise his right in good faith, otherwise, he can not only not receive a reply, but also be held liable if he caused some damage to someone by his actions.

Terminology

The federal law on the timing of consideration of applications of citizens, before determining their rights and obligations of their counterparties, arising from the background of appeals, defines some terminology used in it. The terms listed in it are familiar to everyone, but not everyone knows how they are treated by the legislator.

So, the normative legal act defines under the term "appeal" the actions of a citizen or other person who, in writing or by using electronic-digital media, sent a complaint, statement, proposal and the like to the state or other body. In other words, any document that requires a response, however it is called, will be treated as an appeal within the framework of the law in question.

Moreover, the appeal is understood and oral statements, which are not expressed on any medium. The timing of consideration of applications of citizens of the Russian Federation does not depend on the form in which they are sent to the state body.

Another concept that follows from the first and is used in this normative document, often used in everyday life, is a proposal. By this word, the legislator means a recommendation sent by a citizen or a legal entity to a government agency with a view to inducing officials to make any amendments, adjustments or changes to regulations, and to improve the performance of government bodies and the society as a whole.

The statement as such, taking into account the concepts defined by the legislative body and listed in the law, is a request of a citizen or organization. The essence of such a request can be to assist the state or municipal bodies in observing and implementing its legitimate civil rights, constitutional rights. The application can also specify the protection of the constitutional freedoms of other citizens who are not even the applicant's relatives. In addition to those listed in the category of applications, citizens' appeals are considered, the period for consideration of which is established by law, and in which a person requests removal of any violations of laws, draws attention to the imperfection of state bodies and the poor performance of officials.

The last type of treatment indicated in the glossary of the federal law is a complaint. This word is also known to many and implies a request and at the same time the demand of a citizen or legal person for the protection of their violated rights, the suppression of attacks on them by either third parties or civil servants.

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

Rights of persons when considering applications

The procedure and timing of consideration of applications of citizens is defined in the Federal Law, and therefore their violation entails an established responsibility for the perpetrators. Moreover, Article 5 of this law determines the powers of the applicants and complainants that arise after the appeal has been sent to the required state authority. Among such rights there are the following:

1. The complainant or the application has the right to submit other documents and information to the authority where this appeal is considered during the period of consideration of his appeal.
2. The applicant is entitled to request and demand from the officials of the authorized body to provide him with the documents that are available to him (if this does not contradict other normative documents).
3. A citizen has the right to demand from the civil servants to assist him in demanding other documents and evidence, which he himself can not get.
4. The applicant has the right to review all materials and documentation that was used by government employees 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 a reply with a substantiation of the position of the state body, with references to the norms of the current legislation, with recommendations for getting out of the predicament. At the same time, the applicant is entitled to demand that the so-called term for consideration of applications of citizens to state bodies be observed.
6. If a citizen mistakenly sends a statement to an authority whose competence includes the consideration of a particular issue, then this body must notify the applicant about this and forward his application to the appropriate organization that can answer the question posed.
7. If the applicant's claims are not satisfied, and if he is given a response that he is not happy with, the citizen has the right to file the following complaint either with the higher authority or with the direct supervisor or with the courts.
8. The applicant can write a request for termination of consideration of his appeal.

Timing

The timing of consideration of citizens' application in the organization is clearly regulated by the legislator. They can not be longer than the established limit unless, of course, they are prolonged. Often in practice, applications and complaints of individuals are considered two, or even three months. There are often cases when an application does not come at all. However, if you know the statutory time limits, after which the state body is obliged to give an answer, you can safely demand their compliance, and in the absence of an answer, contact the prosecutor with a complaint about inaction.

So, the term of consideration of a written appeal of citizens can not be more than thirty days. The counting of this period starts from the day of registration of the application in the office of the state body. In order not to miss this deadline and monitor its implementation, it is necessary to file a request in two copies, on the second the employee of the organization must put down a note of acceptance, indicate the position and surname of the person who adopted the document, and also the date when it happened.

A special period determines the consideration of the application submitted by the applicant to the highest official of the territorial state education of Russia, which has information about the facts of violation of migration legislation. Such an appeal by a citizen or organization must be considered by authorized persons within twenty days.

Legislation provides for state bodies and other authorities such an opportunity as extending the period for consideration of citizens' applications. So, such an extension is possible if the questions contained in the application require additional information from other organizations. In this case, the authority that must respond to the applicant sends a request to such organizations with simultaneous notice of the extension of the period for preparation of the applicant's response. The extension of the period is allowed for no more than thirty days.

Consideration of complaints and applications

The time for consideration of citizens' appeals to the prosecutor's office or other state body is greatly influenced by the internal procedure that is set in the organization, after the applicant has registered his complaint or application in the office. Normative acts in the field of protection of the rights of citizens when they apply to the authorized bodies provide that officials of such organizations are obliged to consider the issues or proposals of the person applying with all objectivity and comprehensiveness. To this end, state organizations are granted a more extensive 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, this freedom of action is limited to the competence of an employee and a protected secret.

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

Certain duties are imposed on the official. Its main duty is to provide a written response to the appeal, carefully explaining the position of the government. Another obligation is to report that the appeal has been sent to another organization for consideration.

The period for considering a citizen's appeal is, as indicated above, thirty days. In this case, there is an opportunity to extend, if you want to send a request to a third party. Legislative to such third party, which may be another state body, is responsible for preparing and forwarding a response to the requesting authority within fifteen days.

The answer can be sent to the citizen both to the specified mail box, and to the e-mail address. It depends on the preferences of the applicant himself.

Some non-standard situations

Naturally, not all people comply with the requirements that are imposed on the form and content of requests and appeals. Therefore, the law in question also protects the rights of officials who consider applications of citizens. So, if there is no return address in the submitted application or it is anonymous (it does not specify the data of the person who applied), the civil servant has the right not to give an answer. If such a statement contains information about a crime, then the authorized person is obliged to send it to a subordinate organization, such as the Ministry of Internal Affairs, the FSB, etc.

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

If there are abusive language in the citizen's application, including obscene language, then the civil servant has the right not to respond to him or provide a response that such behavior of a citizen is unacceptable.

The complaint or statement, the text of which is completely unreadable, does not require an answer, and if such addresses can identify the address and surname of the citizen, then a corresponding notification of the impossibility of preparing a response is sent to him.

There are in practice and moments when citizens who are dissatisfied with any situation send applications and complaints to the authorized state bodies with the same arguments and questions. If this occurs repeatedly, and the answer to all such questions has already been given to the citizen, then the head of the organization has the right to end the correspondence with such a person. The citizen should be informed about this. 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 of citizens, the period of consideration of which has not expired, and for which disclosure of some protected secret (for example, banking or commercial) is required, are also not considered in favor of the applicant. Such applications must be provided with a written response.

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

Personal reception

One of the types of appeals is the so-called personal reception of people. It, as a rule, is carried out by the heads of the organization. However, such a right can be granted to other authorized persons. Graphs of personal reception 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 should take with him a passport or other document that will confirm his identity. An official who accepts citizens must fill out a special card in which he enters the requirements, proposals, complaints of the citizen who applied orally. If all the questions and complaints of the citizen are obvious to the examiner and he can give an immediate answer, then it happens, and a corresponding note is placed on the reception card. If the preparation and analysis of the situation are necessary for the answer, then a written reply is given later. The time for consideration of a citizen's appeal is in this case the same thirty days.

In the rest, personal reception practically does not differ in any way from the method of treatment discussed above. The applicant can also refuse further examination of the complaint if the answers have already been given.

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

If the term is violated

Violation of the timing of consideration of applications of citizens entails responsibility established by the laws of Russia. If such a situation occurs, the citizen has the right to write a complaint to a higher authority, as well as to the prosecutor's office. Usually, if the time limits are violated, the supervisory authority takes measures to ensure that the response is provided to the citizen immediately. To the guilty persons who committed such an offense, strict measures are taken, including disciplinary measures. The latter include remarks, reprimands and even dismissal from work.

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

Thus, violation of the timing of consideration of citizens' appeals is an offense punishable by the state. Knowing these aspects, you can easily protect yourself from the arbitrariness of unscrupulous civil servants.

Losses

The federal law establishes responsibilities not only the above. In addition, the legislator has determined the possibility of collecting damages from the perpetrators. So, for example, if a citizen who applied for an explanation or a complaint in his appeal indicated deliberately false information, the authorized persons of the state body are entitled to collect the costs incurred therefrom through court instances. And, conversely, an inactive employee of a state organization, or an expert acting contrary to the requirements of the law, who caused losses to the applicant who filed the application, must compensate them.

Thus, the considered law on appeals fully protects the rights of people associated with applications, complaints, proposals sent to authorized state bodies. Everyone needs to know that citizens' appeals, which can not be considered for more than sixty days in the most extreme cases, are subject to compulsory review and require a response if they are drawn up taking into account all requirements of the law.