Rules for filing and consideration of complaints against decisions and actions (inaction) of federal executive authorities and their officials, federal civil servants, state officials

What is the right to file a complaint against an official to his supervisor?

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− Teacher Dumbadze V.A. from school 162 of the Kirov district of St. Petersburg.

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Establish a correspondence between examples of legal relations and the branches of law governing them: for each position given in the first column, select the corresponding position from the second column.

A) compensation for damage caused to the property of an individual

B) collecting a fine for traveling without a ticket on a bus

B) establishment of heirs

D) filing a complaint against an official to his supervisor

D) leasing an office to a private company

E) obtaining a driver's license

1) administrative law

2) civil law

Write down the numbers in your answer, arranging them in the order corresponding to the letters:

Civil law regulates property relations and personal non-property relations between citizens. Administrative law is an important branch of law (a system of legal norms) that regulates social relations in the field of management activities of government bodies and officials in the performance of public functions of the state.

A) compensation for damage caused to the property of an individual - civil law.

B) collecting a fine for traveling without a ticket on a bus is administrative law.

B) identification of heirs - civil law.

D) filing a complaint against an official to his supervisor - administrative law.

E) leasing an office to a private company is a civil law.

E) obtaining a driver's license is an administrative law.

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What is the right to file a complaint against an official to his supervisor?

June 26

New options for passing the Unified State Examination in mathematics: here.

June 5

Our mobile applications can work offline. Android iOS

− Teacher Dumbadze V.A. from school 162 of the Kirov district of St. Petersburg.

Our VKontakte group Mobile applications:

A) compensation for damage caused to the property of an individual

B) collecting a fine for traveling without a ticket on a bus

B) establishing heirs

D) filing a complaint against an official to his supervisor

D) obtaining a driver's license

1) administrative law

2) civil law

Write down the numbers in your answer, arranging them in the order corresponding to the letters:

Administrative law is a branch of law (a system of legal norms) that regulates social relations in the field of management activities of government bodies and officials in the performance of public functions. Civil law is a branch of law that unites legal norms governing property, as well as related and unrelated personal non-property relations that are based on the independence of assessment.

A) compensation for damage caused to the property of an individual - civil law.

B) collecting a fine for traveling without a ticket on a bus is administrative law.

C) establishing heirs is civil law.

D) filing a complaint against an official to his supervisor - administrative law.

D) obtaining a driver's license is an administrative law.

soc-ege.sdamgia.ru

How to file a complaint about unlawful actions of an official?

Any appointed citizen may represent an official. At the same time, the main function of such a person will be to perform the functions of a government representative (on a temporary or permanent basis). According to the letter of the law, namely the Constitution of the Russian Federation, any unlawful actions/inaction on the part of an official may become grounds for appeal to higher authorities.

In this article we will answer the following questions: how is a complaint about unlawful actions of an official made? where should it be handled? What are the time frames and costs for filing such a petition? What is the procedure for processing such a complaint? Read on.

When actions of officials are appealed

The right to appeal the actions of a government agency representative arises in the following situations:

Illegal actions have been committed.
Inaction was declared illegal.
An unlawful regulation was issued.
The verdict was passed illegally.
Due to the illegal involvement of a person in criminal or administrative proceedings. responsibility.
A person was unlawfully taken into custody or a document was issued limiting his rights (decree, decision, etc.).
During the process of inquiry, preliminary investigation or administration of justice, a person was harmed.

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Where should I contact?

In accordance with the current provisions of the Code of Administrative Offenses, a complaint about unlawful actions of an official can be filed with one of the following authorized authorities:

superior official (his manager or boss);

Appealing to this authority has a fairly high rate of effectiveness, therefore, when identifying violations in the actions of an official, you should first contact his boss.

judicial body dealing with disputes of similar specifics;

When applying to this authority, instead of a complaint, you will need to draw up a statement of claim, which, in addition to the essence of filing the petition, will present the legislative and evidentiary basis suitable for the particular case.

prosecutor's office;
appeal to the Commissioner for Human Rights (in some cases);

Drawing up a document

Despite the fact that a complaint about unlawful actions of an official does not have a set form, when drawing it up, the following structural and content features should be adhered to:

The “header” of the document contains the following information: the full name of the authority to which the complaint will be submitted, details of the official in whose name it is filed, the address of its location, the number of the site (if the court) and other necessary information. Next, the applicant’s details are indicated, namely: last name, first name, patronymic, permanent residence address, contact information (telephone, email address);
The title of the document, namely “Complaint about unlawful actions of an official”;
The main part describes the essence of filing a complaint, the violation committed by the official, the consequences for the applicant, an attempt to resolve the situation in other instances, deadlines, dates, addresses and other important information for considering the complaint;
In the next part, it is important to indicate as many legislative references as possible confirming the unlawful nature of the official’s actions and the presence of violations of the rights and interests of the applicant;

Despite the fact that the indication of this paragraph is not mandatory, its presence will significantly speed up the procedure for considering the claim.

Part of the requirements. Here, based on current legislation, specific requirements should be presented to the authority regarding ways to suppress the unlawful activities of a particular official. Such requirements may include: organizing an audit of the employee’s activities, applying penalties in accordance with current legislation, confiscation of documentation, removal from office, etc.;
The next part of the “Appendix” indicates all the documents that will be attached to the completed complaint as evidence and substantiation;
At the very end, the applicant’s personal signature is affixed, and the date of submission of the application is also indicated.

As for the rules that must be followed when drawing up a document, they relate to the following:

the entire descriptive part of the complaint must be in a business style;
the text should be as easy as possible for perception and understanding, it should not contain long cumbersome sentences, unclear words, abbreviations, obscene language and other words with a sharply expressive connotation;
the text must be free of obvious grammatical, syntactic and stylistic errors, corrections and deletions;
The text should present only facts and their legislative and documentary support. There should not be any “gag” or expression of a subjective rather than an objective point of view in the complaint.

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Federal Judge ____________________

district (city) court of ______________ region (region, republic)

Plaintiff: ________(full name)__________________

Address: _________________________________

Respondent: _____________ (full name, position/name)__________________________

Address: _________________________________

COMPLAINT

for illegal actions

_______(full name of the body,

official)________________

By resolution (decision, order, etc.)______________________(name of body)_____________ dated “__”__________ 201__ for N___ _________________(essence of the issue)_____________________________________.

I consider the actions of the authority to be unlawful for the following reasons _____________ (indicate the grounds and evidence of the illegality of the actions of the authority or department in issuing such a resolution, decision, order)________.

In accordance with Art. Art. _______Civil Procedure Code of the Russian Federation and on the basis of ______(name of legal act)___ _____________

ASK:

Declare the resolution (decision, order) ___________ (name of the document and the body that issued it) ___________ fully or partially invalid.

Application:

1. A copy of the resolution, decision, order.

2. Documents, evidence of the illegality of the actions of the body.

3. A copy of the statement of claim (complaint).

4. Receipt confirming payment of the state duty.

Date Signature

Download the document “Complaint about unlawful actions of an official”

Terms, cost

As with any other petition, filing a complaint against an official has its own statute of limitations. So:

when going to court , you can file a complaint within the first three months from the moment the applicant became aware of the official’s actions;
when contacting a higher official, you can file a complaint within ten days from the date of recording the official’s unlawful actions;

When filing such a complaint, payment of a state fee is required, the amount of which depends on the region of appeal.

Example in practice

The lawyer was contacted by a client who had a debt; enforcement proceedings were carried out by the bailiff, who issued a decision to impose a penalty on his wages. Since the amount of debt was about 300 thousand, every month the salary would be written off in full, given that he still had the obligation to pay alimony in the amount of 1/3 of his income.

It was decided to challenge these actions of the official (bailiff),
the claim stated that the salary was 30 thousand,
of which 10 thousand must be paid for alimony,
then you need constant eye treatment and the purchase of appropriate medications - about 7 thousand,
Well, and expenses for food, clothing, utility bills.
Relevant evidence of these expenses was and as a result the court declared the bailiff’s decision illegal and canceled it.

Filing and consideration of complaints in the provision of public services

Procedures for filing and consideration of complaints against decisions and actions (inaction) of the regional executive authorities providing public services and their officials, state civil servants of the regional executive authorities providing public services, as well as the activities of regional government institutions involved in the provision of public services services are regulated by the Law of the Krasnoyarsk Territory of 02/07/2013 No. 4-1039 “On the peculiarities of filing and consideration of complaints in the provision of public services.”

Procedure for filing a complaint

A complaint has the right to be filed by an individual or legal entity or their authorized representatives (hereinafter referred to as the applicant) who contacted the executive authority of the region, a regional state institution providing public services (hereinafter referred to as the bodies providing public services), with a request for the provision of public services expressed in orally, in writing or electronically.

The applicant may apply in the following cases: a) violation of the deadline for registering the applicant’s request for the provision of a public service; b) violation of the deadline for the provision of public services; c) the requirement for the applicant to submit documents not provided for by the regulatory legal acts of the Russian Federation and the region for the provision of public services; d) refusal to accept documents to the applicant, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the region for the provision of public services; e) refusal to provide the applicant with a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation and the Territory adopted in accordance with them; f) the requirement for the applicant to pay a fee when providing a public service that is not provided for by the regulatory legal acts of the Russian Federation and the region; g) refusal of the body providing the public service, its official to correct typos and errors in the documents issued as a result of the provision of the public service, or violation of the period for such corrections established by the relevant administrative regulations for the provision of the public service.

Requirements for the content of the complaint

The complaint must contain: a) the name of the body providing the public service, an official of the body providing the public service, or a civil servant whose decisions and actions (inaction) are being appealed; b) last name, first name, patronymic (the latter - if available), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as contact telephone number (numbers), email address (addresses) if available) and postal address to which the response should be sent to the applicant; c) information about the appealed decisions and actions (inaction) of the body providing the public service, an official of the body providing the public service, or a civil servant; d) arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the body providing the public service, an official of the body providing the public service, or a civil servant. The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof.

The complaint must not contain obscene or offensive language, threats to the life, health and property of the official, as well as members of his family.

Complaint procedure

The complaint can be submitted in writing on paper or electronically. Reception of complaints in writing is carried out: a) by the body providing public services, in the place where the applicant submitted a request for a public service, the violation of the procedure for the provision of which is being appealed, or in the place where the applicant received the result of the public service; b) regional multifunctional center for the provision of state and municipal services (hereinafter referred to as the multifunctional center); c) a higher authority, subordinate to which is the body providing the public service.

Complaints are accepted at a time that coincides with the time of provision of public services.

A written complaint may also be sent by mail. If a complaint is filed in person, the applicant presents a document proving his identity in accordance with the legislation of the Russian Federation.

Upon receipt of a complaint, the multifunctional center ensures its transfer to the body authorized to consider it in the manner and within the time frame established by the agreement on interaction between the multifunctional center and the body providing the public service (hereinafter referred to as the interaction agreement), but no later than the next working day from the date of receipt complaints. A complaint about a violation of the procedure for providing a public service by a multifunctional center is considered in accordance with this Law by the body providing the public service that has entered into an interaction agreement, and the period for consideration of the complaint is calculated from the date of registration of the complaint with the body authorized to consider it.

In electronic form, a complaint can be submitted by the applicant through: a) the official website of the body providing the public service on the Internet information and telecommunications network; b) a single regional portal “Krasnoyarsk Territory” on the Internet information and telecommunications network; c) federal state information system “Unified portal of state and municipal services (functions)”.

Officials of the public service provider handling complaints

A complaint against decisions and actions (inaction) of bodies providing public services and their officials, state civil servants of executive authorities of the region providing public services, is considered by the head of the body providing public services, or an official of this body vested with the authority to consider complaints .

The official with the authority to consider complaints is determined by the body providing public services and ensures: a) receipt and consideration of complaints in accordance with the requirements of the Federal Law “On the organization of the provision of state and municipal services” and regional legislation; b) sending complaints to the body authorized to consider them.

Officials and bodies considering complaints against decisions and actions (inaction) of the head of the body providing public services

A complaint about the decisions and actions (inaction) of the head of a body providing a public service is submitted to a higher executive body of the region: a) a complaint about the decisions and actions (inaction) of the head of an agency or service of the region is considered by the Ministry of the Territory, which has jurisdiction over the relevant agency or service territory, and if the agency or service is under the jurisdiction of the Regional Government, the complaint is submitted to the Regional Government; b) a complaint against the decisions and actions (inaction) of the head of the regional ministry is submitted to the Regional Government.

A complaint against the decisions and actions (inaction) of the head of the regional executive body that provides public services and is subordinate to the Governor of the region in accordance with the structure of the regional executive authorities is submitted to the Governor of the region. A complaint against the decisions and actions (inaction) of the head of a collegial body providing public services is submitted to the regional executive body (or to the official) that created (created) the corresponding collegial body.

A complaint against the decisions and actions (inaction) of the head of a regional institution providing public services is submitted to the regional executive body exercising the functions and powers of the founder of the relevant regional institution.

In the absence of a higher authority, a complaint about the decisions and actions (inaction) of the head of the body providing the public service is submitted directly to the head of the body providing the public service and is considered by him in accordance with the Federal Law “On the organization of the provision of state and municipal services” and regional legislation.

Deadlines for registration and consideration of a complaint

A received complaint must be registered no later than the business day following the day it was received. The complaint is subject to consideration within 15 working days from the date of its registration, unless a shorter period for consideration of the complaint is established by the official or body authorized to consider it.

In the event of an appeal against the refusal of a body providing a public service or its official to accept documents from the applicant or to correct typos and errors, or in the event of an appeal by the applicant for violating the established deadline for such corrections, the complaint is subject to consideration within 5 working days from the date of its registration.

If the complaint is filed by the applicant to a body whose competence does not include consideration of the complaint, within 3 working days from the date of registration of the complaint, the said body forwards the complaint to the official or body authorized to consider it and informs the applicant in writing about the direction of the complaint for consideration. The period for consideration of a complaint is calculated from the date of registration of the complaint with the body authorized to consider it.

The head of the executive body of the region, the regional institution to which the complaint was received, the official authorized to consider complaints: a) ensure an objective, comprehensive and timely consideration of the complaint, if necessary, with the participation of the applicant who filed the complaint; b) take measures aimed at restoring or protecting the violated rights and legitimate interests of a citizen; c) send to the applicant in writing and, at the applicant’s request, in electronic form a reasoned response based on the results of consideration of the complaint; d) notify the applicant that his complaint has been sent for consideration to another government body or other official in accordance with their competence.

When considering a complaint, the official or body authorized to consider it requests and takes into account the opinion of the bodies, officials, civil servants whose decisions, actions (inactions) are being appealed.

Regional executive authorities, regional institutions, officials, state civil servants, decisions, actions (inactions) of which are being appealed, at the request of an official or executive authority of the region considering the complaint, are obliged to provide documents and materials within 5 days from the date of receipt of the request , necessary for consideration of the complaint, with the exception of documents and materials that contain information constituting a state or other secret protected by law, and for which a special procedure for provision has been established.

Result of the complaint consideration

Based on the results of consideration of the complaint, the official or body authorized to consider it makes one of the following decisions: a) satisfy the complaint, including in the form of canceling the decision, correcting typos and errors made by the body providing the public service public service documents, return to the applicant of funds, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the region, as well as in other forms; b) refuse to satisfy the complaint.

The decision is made in the form of an act of an official or body authorized to consider the complaint.

If the complaint is satisfied, the official or body authorized to consider it takes comprehensive measures to eliminate the identified violations, including issuing the result of the public service to the applicant, no later than 5 working days from the date of the decision, unless otherwise provided by the legislation of the Russian Federation.

A reasoned response based on the results of consideration of the complaint is sent to the applicant no later than the day following the day the decision is made, in writing and, at the request of the applicant, in the form of an electronic document. If the complaint does not indicate or indicates in an unreadable form the citizen’s last name and postal address to which the response should be sent, the response is not given.

The body providing the public service, against the decision, action (inaction) of which a complaint was received, is sent a notice of consideration of the complaint, in which, if the complaint is satisfied, it is reported about the need to eliminate violations of the applicant’s rights, correct typographical errors and errors in the results issued as a result of providing public service documents, return to the applicant of funds, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the region.

If a complaint is satisfied, considered by the head of the body providing a public service, or by an official authorized to consider the complaint, these persons take measures to eliminate violations of the applicant’s rights, correct typos and errors in the documents issued as a result of the provision of public services, and return funds to the applicant , the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the region.

An official, a state civil servant, against whose decision, action (inaction) a complaint has been received, has the right to familiarize himself with the notice of consideration of the complaint.

Grounds for refusal to satisfy a complaint

Officials or bodies authorized to consider the complaint shall refuse to satisfy the complaint in the following cases: a) if the complained actions of the body providing the public service are lawful; b) the existence of a court decision that has entered into legal force to refuse to satisfy the complaint on the same subject and on the same grounds; c) filing a complaint by a person whose authority has not been confirmed; d) the presence of a decision on the complaint, previously adopted by the same body in accordance with the requirements of regional legislation, in relation to the same applicant and on the same subject of the complaint.

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