Ensuring the administrative and legal norms of the rights, freedoms, legitimate interests of citizens and the mechanism for their implementation
Providing the norms of administrative law for the rights, freedoms, legitimate interests of citizens and the mechanism for their implementation is carried out in the following main areas:.1) the norms of administrative law provide the necessary completeness and certain completeness in the legal settlement of specific grounds, conditions and procedures for the implementation of the basic constitutional and derived from them rights and duties of citizens, because the administrative and legal norms develop, detail, fill specific content of constitutional norms , fixing the basic rights, freedoms and duties of citizens, and also establish and regulate in the sphere of management the rights and duties that make up special and pecial Administrative and legal status of certain categories of citizens; 2) the norms of administrative law establish the legal status and competence of state bodies, their structural subdivisions and officials, designed to ensure the observance of the rights and freedoms of the person and citizen in their entirety or on certain issues.
Administrative and legal norms also regulate the competence of various sectoral bodies and officials, as well as the order of their activities in connection with the implementation by citizens of their individual specific rights and freedoms;3) administrative and legal norms established disciplinary and in some cases administrative responsibility for violating the rights, freedoms and legal interests of citizens by state and municipal executive authorities, their officials and employees.
Ensuring the observance and protection of the rights and legitimate interests of citizens under the current legislation refers to the general basic duties of all state and municipal employees;4) the administrative and legal norms regulate the procedure for considering and resolving citizens' appeals to all kinds of public authorities and organizations in connection with and on the exercise of their rights and freedoms. Citizens of the United States according to Art. 33 of the US Constitution have the right to apply in person, as well as to send individual and collective appeals to state bodies and local self-government bodies. Being one of the basic constitutional rights of citizens, these appeals are simultaneously the most important organizational and legal guarantee of protection of all other rights and legitimate interests of citizens, and also serve as one of the forms of their participation in the management of all affairs of society and the state.
The procedure for consideration of applications of citizens is established by Federal Law No. 59-FZ of May 2, 2006, "On the Procedure for Considering Applications from Citizens of the United States."
The main legally significant forms of oral and written appeals of citizens as participants in administrative and legal relations to the apparatus of public authority are their proposals, applications and complaints.
Offers - citizens' appeals containing their opinions and recommendations aimed at improving the performance of state and municipal bodies and organizations, improving the organization of work of officials and organizations of any industry (health, education, transport, etc.), socio-economic relations, current legislation and practice of its application in all spheres of life of society and the state.
Statements - appeals of citizens to authorized bodies and officials regarding the exercise of their rights, freedoms and legitimate interests provided for by the US Constitution and other applicable laws.
Complaints - appeals of citizens to authorized bodies and officials demanding the restoration of rights, freedoms and legitimate interests of a citizen, violated decisions and actions (inaction) of any bodies public authorities and their officials, public associations and other organizations of various forms of ownership.
Offers, applications and complaints are submitted by citizens to those bodies of state power, local self-government or those officials directly responsible for the resolution of this issue. If the questions put in the appeal of the citizen are not related to the jurisdiction of the body that received them or the official, the latter shall, no later than within five days, send them by their name, informing the author of the appeal in writing. At the same time, citizens' appeals can be sent to those officials whose actions (omissions) are being appealed. Appeal of a citizen is considered to be permitted if all the questions put in it are considered, the necessary measures have been taken and full answers have been given, in accordance with the current legislation.
Every citizen in accordance with the US Law of April 27, 1993 No. 4866-1 "On Appealing to the Court of Acts and Decisions Violating Citizens' Rights and Freedoms" (and after taking effect according to the Code of Administrative Procedure of the United States) may appeal to the court if it considers that unlawful actions (decisions) of state bodies, local self-government bodies, institutions, enterprises and their associations, public associations or officials, state employees violated his rights and freedoms, obstacles were created to the citizen's exercise of one hundred rights and freedoms, unlawfully a citizen is liable for any duty, or he is illegally involved in a certain crime, For liability. The citizen has the right to appeal also the inaction of the above-mentioned bodies, enterprises, associations, officials and employees, if it entailed the above consequences.
A citizen has the right to complain about actions (decisions) that violate his rights and freedoms, either directly to the court or to a state body, local government, institution, enterprise or association higher up in the order of subordination, an association, an official, civil servant. The latter are obliged to consider the complaint within a month, and if the citizen is refused a complaint or he has not received a response within a month from the day of its submission, he is entitled at his discretion to file a complaint with the court at the place of residence or at the location of the body, an official who violated his rights.
Violation of the procedure established by US law for consideration of citizens' appeals by officials of state bodies and local self-government bodies entails the imposition of an administrative fine in the amount of 5,000 to 10,000 rubles on the guilty person. (Article 5.59 of the Code of Administrative Offenses of the United States).Illegal refusal to provide information to a citizen and (or) organization, the provision of which is provided for by federal laws, untimely submission of information or the provision of knowingly inaccurate information entails the imposition of an administrative fine on guilty officials in the amount of 1 thousand to 3 thousand rubles. (Article 5.39 of the Code of Administrative Offenses of the United States).
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