Article 46 of the Constitution of the Russian Federation makes it possible to appeal against an action, decision or inaction of officials, state authorities and local self-government. But how do you do it right?
A complaint is a request of a citizen to restore or protect his freedoms, rights or legitimate interests that have been, in one way or another, violated. This is the same kind of appeal as a statement or proposal.
There are two ways to appeal against the actions of officials: to file a complaint with a court or a higher authority (official). And it's better to do it in writing. And in case of contacting a higher authority, the complaint must contain:
- Full name of the official to whom the appeal is addressed, or the name of the government agency;
- own mailing address, which will be answered later;
- detailed description of the circumstances of the case, revealing who exactly and how violated the rights and freedoms of a citizen;
- Name of the person who made the complaint and his signature at the end of the sheet.
As a rule, officials respond to these appeals in time, since an administrative fine is imposed for violation of the procedure for considering complaints. But they can go for another trick and refuse to accept the complaint.
In this case, the applicant must send an appeal by a valuable letter, attach a list of attachments to it, and request a notification of delivery. And when the notification is registered with the government agency, the official will have 30 days to respond to the complaint. And if the case is exceptional, and the term is extended, the applicant must be notified of this.
If the answer to the complaint turned out to be unsatisfactory, you must go to court, where you can appeal the following categories of objects:
- inaction;
- actions;
- solutions.
Complaints about normative legal acts and laws are not considered in the administrative procedure, a special judicial procedure has been established for them - this must be remembered.
It is supposed to file a complaint with the court no later than three months from the day when the applicant became aware of the violation of his rights. And in the application for the court, it is imperative to indicate:
- the name of the judicial institution where the complaint is filed;
- Applicant's full name, address, date, place of birth, email address and telephone number;
- Name of the official who violated the applicant's rights by action, decision or omission;
- number, date of adoption, title of the decision that is contested by the applicant, as well as the place and date of the illegal action or inaction;
- a statement of what is the violation committed by the official;
- a listing of the applicant's rights, freedoms and legitimate interests, which, in his opinion, were violated by the official;
- enumeration of normative acts, for compliance with which the court must verify the action, decision or inaction;
- if necessary: an indication that the applicant does not have the opportunity to attach the defendant's decision, and a petition to claim this decision;
- information about the previous administrative appeal;
- the requirement to recognize the action, decision or inaction of an official as illegal;
- a list of documents that are attached to the statement of claim.
It is imperative to attach a receipt for payment of the state duty to the claim, since without this the application will not be accepted. And if all the requirements are met, the court will suspend the decision of the official in relation to the applicant. If, in the course of the trial, the defendant cancels this decision, the court may terminate the proceedings altogether.
In terms of terms, such cases are considered within one month.
