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Title of Article

THE RIGHT OF CITIZENS TO APPEAL TO PUBLIC AUTHORITIES: PROBLEMS OF IMPLEMENTATION AND IMPROVEMENT OF LEGISLATION


Issue
2
Date
2024

Article type
scientific article
UDC
342.729(34.05)
Pages
127-138
Keywords
 


Authors
Kolmakov S.Yu.
Moskovskiy gosudarstvennyy yuridicheskiy universitet im. O.E. Kutafina


Abstract
The object of the study is the legal relations on the implementation of the constitutional right of citizens of the Russian Federation to appeal to public authorities. The subject of the study is the norms of legislation regulating the procedure for considering appeals from citizens of the Russian Federation. The aim is to identify gaps in the regulation of the rights and obligations of citizens when considering appeals and to develop proposals to eliminate them. Specific tasks are: the study of issues related to the legal regulation of certain issues of consideration of citizens' appeals, including issues such as the obligation to respect the right to appeal by legal entities performing publicly significant functions, violation of the rights and freedoms of others in the exercise of the right to appeal, the right to familiarization with the materials of the appeal, requirements for written the appeal, redirection of the appeal to the appropriate authority, disagreement of the citizen with the arguments in the response to the appeal, the obligation of a public authority to provide a response to a citizen's appeal, the right to reply during an oral appeal, the absence of a duty to send a response by any special type of mail, the right of a public authority to terminate correspondence with a citizen, responsibility for violating legislation on the procedure for considering citizens' appeals. One of the main research methods is formal-logical, on its basis the correlation of the constitutional right to appeal to citizens to public authorities and the scope of implementation of this right is shown. The results of the study can be represented by the following main conclusions. The legislation proposes to fix the criteria of an organization performing publicly significant functions. A citizen's appeal to a public authority with a proposal to conduct a check on the fact of violation of the legislation of the Russian Federation cannot be recognized as slander. It is assumed that a citizen has the right to familiarize himself with the case materials after the response of the public authority on the merits of the issues raised in the appeal. It assumes the right of a public authority or an official not to consider an appeal if it does not contain mandatory information established by law. A citizen does not have the right to demand, at his discretion, an answer to the questions posed in his appeal from the body, official to whom the citizen addresses his appeal, without taking into account their competence. If the appeal is considered by a public authority within the limits of arguments and official competence, motivated answers are given to the appeals, the citizen's disagreement with the content of the answers and the arguments set out in them is not a basis for recognizing them as illegal.

File (in Russian)