Stages of production for citizens' applications...

Stages of production on citizens' appeals

The production of citizens' appeals, like any other type of administrative proceedings, is carried out in stages. Stages (stages) are formed in accordance with the objectives of production, but have no clear legal fixation.

Taking into account the norms of the Federal Law on the Procedure for Considering Citizens 'Appeals, it is possible to talk about four stages of the process of citizens' appeals, one of which is optional:

1) the initiation of proceedings for the treatment (filing of an appeal and its registration);

2) consideration of the appeal and adoption of a decision on it;

3) Appeal against the decision (optional stage);

4) execution of the decision on the circulation.

Some authors state the stages of production on citizens' appeals in a somewhat expanded form and in a different sequence:

1) the stage of filing, receiving, registering an appeal and referral for review;

2) the stage of consideration of the appeal;

3) the stage of decision making and execution;

4) the stage of control and verification of the implementation of decisions taken, analysis and generalization of citizens' appeals;

5) the stage of appealing against a decision made on appeal (optional).

Let's consider in more detail the stages of production for the treatment of citizens.

The initiation of proceedings for the treatment of citizens (filing of an appeal and its registration). This stage is the initial stage of production for the treatment of citizens, has a predetermining significance for the entire preliminary process. This stage consists of several stages.

1. The direction of the appeal, which is the reason for the initiation of the case.

2. Registration of the appeal, which is the moment of initiation of the case. Written application is subject to mandatory registration within three days from the date of receipt to the administrative jurisdiction or official. This provision also applies to written appeals made during a personal reception. When registering an appeal, the incoming number is assigned to him, which is entered in the correspondence registration journal with the date of receipt and the incoming number.

3. Acceptance or redirection of a petition for jurisdiction over a state body, local government or an official whose competence includes resolving the issues raised in circulation.

The next stage is the stage of considering the appeal and making a decision on it. This stage acts as the main stage, because in the course of its implementation a decision is taken on the treatment.

Consideration of an appeal and decision on it as an independent stage of production is a set of procedural actions of authorized officials who are aimed at verifying the facts, establishing the validity of the requests, demands and considerations contained therein, taking measures to eliminate and prevent the deficiencies established by testing and violations of the law, the authors' notice. The further process of execution of the adopted decision is of a supporting nature.

The review stage includes the following steps:

1. Preparation of the case for consideration. At this stage, a jurisdictional body or an official may request documents and materials necessary for consideration of the appeal in other state bodies, local self-government bodies and other officials, with the exception of courts, inquiry bodies and preliminary investigation bodies.

2. Consideration of the appeal on the merits.

3. Decision-making on appeal.

Following the consideration of the appeal, decisions can be made:

1) about the satisfaction of treatment;

2) refusal to satisfy treatment.

Decisions taken on citizens' appeals must be reported to citizens either in written or oral form. The text of the message should be stated clearly, consistently, briefly, exhaustively, to answer all the questions raised in the appeal. When confirming the facts stated in the appeal, the response should indicate what measures have been taken. In the event of partial or complete refusal to satisfy the requirements contained in the appeal, the reply also specifies the grounds for rejection with reference to specific legislation.

If the answer to the substance of the question put to the appeal can not be given without disclosure of information constituting a state secret or another secret protected by federal law, the citizen who sent the appeal is informed that it is impossible to answer the essence of the question posed in it in connection with the inadmissibility disclosure of said information.

The next stage is the appeal of the decision on the appeal is optional.

A citizen who does not agree with the decision taken on his application has the right to appeal this decision to that body or to the official who is directly subordinated to the jurisdictional body or official who accepted the appeal, or to the court. When considering the application for a citizen under paragraph 4 of Art. 5 of the Federal Law on the Procedure for Considering Citizens' Appeals has the right to "complain about a decision taken on appeal or on an action (inaction) in connection with the consideration of an appeal in administrative and (or) judicial procedure in accordance with the legislation of the United States". The consideration of such a complaint will be carried out by the higher bodies or the court in the framework of independent proceedings, the complaints proceeding to which Ch. 10 textbooks.

Legislation provides for legal liability for violation of the established procedure for handling appeals.

A citizen has the right to compensation for damages and compensation for non-pecuniary damage caused by an illegal act (omission) of a jurisdictional body or official during the consideration of a petition, by a court decision.

If the citizen indicated false information in circulation, the expenses incurred in connection with the consideration of the appeal by the jurisdictional body or official may be recovered from the citizen by court order.

The final stage of production - the implementation of the decision on the treatment.

The essence of this stage is that the body (official) who made the decision must ensure timely and correct execution of the decision in the case.

Decisions on citizens' appeals can not be considered executed on the basis of a document in which the alleged measures for their implementation are reported.

Referring to the control and verification of the implementation of decisions taken, the analysis and generalization of citizens 'appeals, which we singled out as part of a separate stage of the appeals process, we note that control is actually carried out at all stages of the proceedings on citizens' applications.

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When exercising control, attention is drawn to the timing of the consideration of applications, the jurisdiction of consideration of appeals, the completeness of handling appeals, the objectivity and comprehensiveness of checking the facts stated in the appeal, the legality of the decision taken, etc.

All registered applications of citizens requiring review are subject to control. The control over consideration of the received application of the citizen begins from the moment of its registration and ends at registration and sending of the final answer to the author ... Citizens' appeals are removed from control after consideration of their merits, when all necessary measures and exhaustive answers corresponding to the legislation of the USA are taken on them. Appeals of citizens to whom intermediate answers are given are not withdrawn from control until the final answer is sent to the applicant based on the results of their consideration.

Special appeals are sent by citizens sent by the Administration of the President of the United States, the US Government Office, members of the Federation Council of the Federal Assembly, deputies of the State Duma of the Federal Assembly, federal executive bodies, other state bodies demanding to communicate the results of consideration of applications of citizens .

Withdrawal from the control of the instruction on consideration of applications of citizens is carried out: when the performer submits written information about a personal meeting with the applicant and resolves the issues stated in the appeal of the citizen; when the performer submits written information about a personal meeting with the applicant and resolves the issues stated in the citizen's appeal. "

An analysis of the content of appeals by jurisdictional bodies conducting proceedings on citizens' appeals is an important stage aimed at "promptly identifying and eliminating the causes that cause violation of rights and legally protected interests of citizens, as well as improving the work of public bodies, taking measures to reduce the number complaints, reducing repeated calls. "

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