High-quality work with citizens' appeals. Forms and methods of working with citizens' appeals

January 30, 2014 11:38 AM

V.F. Yankova, Deputy Director of VNIIDAD, Ph.D. ist. Sciences, Assoc.

The procedure for considering citizens' appeals is regulated by Federal Law No. 59-FZ of May 2, 2006 " On the procedure for considering applications from citizens of the Russian Federation"* (hereinafter - the Law). The law develops the provisions of Art. 33 of the Constitution of the Russian Federation, which gives citizens the right to apply personally, as well as send written individual and collective appeals to state authorities and bodies local government. The Law also defines the procedure for consideration of citizens' appeals in the authorities. Organs state power and local governments have been applying the provisions of the Law in practice for a long time, and many authorities have local regulatory legal acts that determine the procedure for considering applications, taking into account their departmental specifics, and the procedure for conducting office work on citizens' applications.

In 2010 and 2013, amendments were made to the Law “On the procedure for considering applications from citizens of the Russian Federation”, which significantly changed a number of important provisions of the Law. Changes in 2010 were caused by the adoption of Federal Law No. 210-FZ dated July 27, 2010 “On the procedure for providing state and municipal services”, and changes in 2013 were caused by the decision of the Constitutional Court of the Russian Federation. These changes are of a fundamental nature, changing some of the prevailing ideas about which documents belong to the category of documents "Citizens' Appeals", which, in turn, changes some of the established methods of working with this category of documents.

* Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering applications from citizens of the Russian Federation” (as amended on June 29, 2010, June 27, 2010, May 7, 2013).

Consider the changes that have been made to the Law. Let's start with those that were introduced in connection with the adoption of the Federal Law of July 27, 2010 No. 210-FZ " On the organization of the provision of state and municipal services».

In connection with the adoption of this Law, the changes affected those articles that deal with citizens' appeals made in electronic form: this is st. 4 and 7.

In Article 4, amendments were made to the definition of the concept of "appeal of a citizen", which now can be not only in writing or oral, but also in the form electronic document:

“appeal of a citizen ... - sent to a state body, local self-government body or an official in writing or in the form of an electronic document, a proposal, statement or complaint, as well as an oral appeal of a citizen to a state body, local self-government body.

Of course, an appeal in the form of an electronic document remains in the form of reproduction a written appeal, but the main thing here is the form of presentation of the document and the method of transmission (via information and communication channels).

Paragraph 3 of Article 7, which establishes the right of a citizen to apply to a state authority, local government, to an official in electronic form, in connection with the adoption of the Federal Law "On the organization of the provision of state and municipal services" is also set out in a new edition. Let's compare the original and current versions of this paragraph of the Law:


Federal Law No. 59-FZ, as amended. from 02.05.2006

Federal Law No. 59-FZ, as amended. from 02.07.2013

“3. An appeal received by a state body, a local government body or an official for public information systems is subject to consideration in the manner established by this Federal Law "

“3. An appeal received by a state body, a local government body or an official in the form of an electronic appeal is subject to consideration in the manner established by this Federal Law. In the appeal, a citizen must indicate his last name, first name, patronymic (the last one, if any), e-mail address, if the answer must be sent in the form of an electronic document, and postal address, if the answer must be sent in writing. A citizen has the right to attach to such an appeal Required documents and materials in electronic form or send the said documents and materials or their copies in writing”

At the same time, the provision of the Law does not contain any instructions on giving legal significance to an appeal in electronic form. In this regard, we recall the provisions of the Federal Law of July 27, 2006 No. 149-FZ “On Information, information technology and on the protection of information”, paragraph 4 of Art. 11 of which says:

"For the purpose of concluding civil law contracts or registration of other legal relations involving persons exchanging electronic messages, the exchange of electronic messages, each of which is signed electronic signature or other analogue of the handwritten signature of the sender of such a message, in the manner prescribed by federal laws, other regulatory legal acts or by agreement of the parties, is considered as an exchange of documents”*.

Thus, the exchange of electronic messages that are not signed with an electronic signature or another analogue of a handwritten signature (by the way, the legislation of the Russian Federation does not explain what a “similar to a handwritten signature” is) cannot be considered as an exchange of documents. At the same time, the Law obliges the authority or official who has considered the appeal in electronic form to give a response to it and send a response in the form of an electronic document to the e-mail address indicated in the appeal, or in writing to the postal address indicated in the appeal (Art. 10, paragraph 4 of the Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation”).

Only one conclusion can be drawn from this: the Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” obliges authorities, local governments, officials (and in accordance with Article 2, the Law applies to state and municipal institutions, and other organizations that are entrusted with the implementation of publicly significant functions) to work with citizens' appeals that do not have legal significance, because a citizen, sending an appeal in electronic form, does not have the opportunity to sign it with an electronic signature.

* Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection" No. 252-FZ, No. 139-FZ of July 28, 2012, No. 50-FZ of April 5, 2013, No. 112-FZ of June 7, 2013, No. 187-FZ of July 2, 2013).

Realizing this, the authorities, when considering electronic appeals, are forced to resort to various methods that allow them to get out of this very difficult situation: they either inform the citizen by e-mail (if the citizen did not indicate the postal address at which the answer should be given) that the appeal considered, a response to the appeal is prepared and the citizen can receive it personally by presenting an identity document, or they send the citizen an electronic image of the response to the appeal, that is, in fact, a copy of it. It turns out that in the first case, the authority is forced to enter into additional correspondence with the citizen, not provided by law which creates an additional burden on government officials. In the second case, the authority is not legally significant document gives a legally irrelevant answer. If, however, a citizen in his electronic appeal indicated his postal address, to which the authority sends a response to the appeal, then in this case we have a more than strange situation when legally document (since it is not possible to identify the person who sent the appeal in electronic form), the authority sends a legally significant response (official document).

It is no coincidence that in a number of regions the authorities, working with electronic appeals of citizens, are trying to verify the person (identification of the person) who sent the appeal in electronic form, by accessing the databases of the regional departments of the Federal Migration Service, the Ministry of Internal Affairs, etc., with which appropriate agreements are concluded.

The general conclusion in connection with this provision of the Law: the norm of the Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation", which gives citizens the right to apply to the authorities with appeals in electronic form, contradicts the norm of the Federal Law "On Information, Information Technologies and Information Protection", forces the authorities either to go beyond the legal framework, or forces them to create various options for getting out of this situation, which leads to additional work and, accordingly, additional time and labor costs.

The article is abbreviated. Read the full text in the source.

For organs

local self-government of North Ossetia-Alania

to improve the efficiency of work with citizens' appeals

take measures to provide jobs for specialists responsible for the direct organization and control of the consideration of citizens' appeals, the necessary computer, copying and duplicating equipment and means of communication, to ensure the use of automated accounting systems, modern telecommunication means of access to constantly updated legal databases, obtaining the necessary information , promptly sending materials on the progress and results of consideration of applications;

consistently solve other issues of improving the working conditions of employees involved in the consideration of applications and providing personal reception of citizens, taking into account the large psychological stress and work on computers.

5. Staff development and motivation:

to improve the selection and placement of personnel directly involved in work with proposals, applications and complaints from citizens, to ensure the improvement of their professional qualifications;

in the provisions on structural divisions and job regulations of employees, provide for duties and rights to consider citizens' appeals;

Citizens' letters are a source of reliable information from the field, an opportunity to know better about how people live, their moods, their specific problems, the ability to predict the emergence of problematic or potentially crisis situations. They provide an opportunity to constantly and consistently adjust the policy.

An in-depth analysis of citizens' appeals makes it possible to identify trends in public attitudes, the priorities and preferences of a wide range of people, the reasons that cause violations of the rights and interests of citizens, and use this material to make optimal decisions. management decisions and improving the work of organizations.

Analytical and summarizing documents include references, summaries, thematic and analytical reviews, tables, etc. in certain areas of work with citizens' appeals for a certain reporting period.

An analytical report based on the results of work with citizens' appeals for a certain reporting period may include the following sections:

1. Statistical analysis of the number of applications received in the reporting period in comparison with the results for the same period last year or in dynamics for several years and can be presented in the form of text, tables or charts with a textual explanation of the data.

2. Analysis of the channels for receiving applications (by mail, facsimile or courier communications, electronic documents submitted personally by the applicant or by courier), if necessary - how many for each or for individual channels (for example, the number of documents received in in electronic format).

3. Analysis of the number of applications received on a departmental or administrative-territorial basis (where how many came from: from the AGiP, departmental (subordinate) and other bodies and organizations, municipalities, directly from citizens, editorial offices of newspapers and magazines, redirected for execution from other organizations and others) in comparison with data for the same period of the previous reporting period or over several years.

4. Analysis of the types of appeals (suggestions, statements, complaints, collective, anonymous, repeated, multiple). How the quantity changes in comparison with the quantity in the same period of the previous reporting period or in dynamics over several years.

5. Analysis of the topics of appeals. How the quantity changes in comparison with the quantity in the same period of the previous reporting period or in dynamics over several years.

6. Analysis of the social composition of the applicants. How does the quantity change in comparison with the results for the same period of the previous reporting period or in dynamics over several years.

7. Analysis of the used forms of work with appeals and applicants:

commission consideration of appeals;

consideration of appeals with on-site visits;

consideration of appeals with the participation of the applicant.

How the quantity changes in comparison with the quantity for the same period of the previous reporting period or in dynamics over several years.

8. The number of data on received requests for instructions (to deputy heads, structural divisions, individual employees, heads of AMCs of city and rural settlements). If necessary, how the quantity changes in comparison with the quantity in the same period of the previous reporting period or in dynamics over several years.

9. The number of control orders received from outside and put under control by the management of the body executive power, local government. The forms used to control the timeliness and quality of consideration of applications, the frequency of checks and the number of reminders issued. the effectiveness of this work.

10. Analysis of the results of consideration of citizens' appeals (fully satisfied, partially satisfied, possible measures were taken, the necessary explanations and recommendations were given, denied, redirected, returned to the applicants, left without consideration). With how many citizens the correspondence has been terminated. How the quantity changes in comparison with the quantity in the same period of the previous reporting period or in dynamics over several years.

11. Analysis of work with proposals. How many proposals are accepted for consideration. How many have been implemented. How the quantity changes in comparison with the quantity in the same period of the previous reporting period or in dynamics over several years.

12. Analysis of work with complaints. The number of complaints in which the given facts were confirmed. Taken measures. Comparison with the number in the same period of the previous reporting period or in dynamics over several years.

13. Analysis of performing discipline. How many instructions on citizens' appeals were executed within the time period established by law, how many with violation of deadlines. What are the violations of the deadlines (for example, up to 10 days, up to 20 days, up to a month, more than a month, etc.).

How many requests were received to extend the deadlines for consideration of appeals.

14. How many people were received on personal matters (including during receptions held in accordance with the approved schedules and in working order).

Admission results:

issues were resolved positively directly during the reception;

accepted written statements.

15. Conclusions and suggestions:

identified positive trends in working with citizens' appeals and proposals for their consolidation;

identified negative trends in working with citizens' appeals and proposals for their elimination.

Analytical reports, depending on the goal, can be compiled according to individual characteristics appeals or areas of work with citizens' appeals. Such certificates can be prepared on any basis entered into the application registration card in the office automation and electronic document management system (EDMS), and they will contain quantitative information that the program makes it possible to obtain and the corresponding text analysis.

____________

Phone for information,

department for work with citizens' appeals

AGiP North Ossetia-Alania ()

The Republic of Belarus is developing dynamically in all spheres of life of the state and society. High results achieved in various industries national economy, are the result of the joint efforts of the state, society and each person. And they are aimed at making the lives of our citizens worthy.

Not without reason at the third All-Belarusian People's Assembly, the motto of the current five-year period was proclaimed the construction of a state for the people.

Therefore, the main goal of public authorities is to pursue such a policy, the implementation of such projects that would consistently improve the quality of life of people, make it as easy as possible to resolve issues that citizens face on a daily basis.

A lot has been done in this direction - a number of measures have been taken to ensure accessibility, simplicity, and promptness in solving the pressing problems of each person. Now the main thing is the proper and timely implementation of the planned, further improvement of the work of all structures in the state.

However, some negative facts of the manifestation of bureaucracy in the activities state apparatus significantly reduce our ability to move forward.

There are still leaders who have chosen the so-called "cabinet" style of work that is convenient for them, preferring to make decisions without an objective analysis of the real situation on the ground. Creating the appearance of business activity, they reduce their activities to the preparation of various kinds of information, certificates, instructions, plans, reports, thereby distracting a large number of employees from specific work. various organizations. This, undoubtedly, reduces the effectiveness of the work of the state apparatus, often leads to a distortion of decisions made at the state level.

Formalism, red tape, paperwork, arrogance, disrespect for people, indifference to their destinies and needs, shown by some officials, as evidenced by the appeals of citizens submitted for consideration by the Head of State, undermine their confidence in the state. This state of affairs is unacceptable.

In order to further de-bureaucratize the state apparatus, improve work with citizens:

1.1 to the heads of state bodies:

to expand the practice of using “direct telephone lines”, regular outreach personal receptions of citizens and representatives of legal entities, meetings with the population, press conferences on issues relevant to the population, including with the involvement of deputies of all levels, representatives of funds mass media and public associations. At the same time, issues raised by citizens that do not require special additional verification and are within the competence of the relevant official, must be addressed without delay;

introduce into practice a preliminary appointment for a personal appointment in government bodies by phone or via electronic means connections. When changing the agreed procedure for personal reception, the relevant state body must notify the citizen about this;

ensure the mode of operation structural divisions, officials of state bodies that receive citizens, including with applications for the implementation administrative procedures at a convenient time for the population. Reception of citizens on working days should begin no later than 8.00 or end no earlier than 20.00, and also be carried out on Saturdays and (or) Sundays, if necessary, taking into account the number and specifics of applications. Managers are personally responsible for ensuring the specified mode of work in the headed state bodies, as well as in subordinate organizations;

take measures to prevent the emergence of queues, as well as long waiting times for citizens to receive appointments at state bodies, organizations providing services that ensure the livelihoods of the population, including by ensuring timely staffing, introducing information technologies for remote servicing of citizens, and an electronic queue management system. In the event of the systematic occurrence of these negative situations, take immediate measures to eliminate these phenomena and the causes that give rise to them;

exclude cases of unreasonable summons of citizens to the courts, prosecution authorities, internal affairs, state security, Committee state control, tax, customs and other state bodies, their presence in these bodies in excess of the established legislative acts time, as well as in excess of the time necessary for the production of procedural actions;

when making decisions affecting the rights and legitimate interests of citizens, strictly comply with the requirements of the law, and not allow their arbitrary interpretation when applied. In case of ambiguity or fuzziness of the provisions of a legal act, decisions should be made based on the maximum consideration of the interests of citizens;

to pay special attention to ensuring an attentive, responsible, benevolent attitude of employees towards citizens. For each case of formalism, biased, tactless behavior, rudeness and disrespect for people, conduct an audit and, upon confirmation of the relevant facts, bring the perpetrators to justice up to and including dismissal from their positions;

1.2 heads of republican bodies government controlled and local executive and administrative bodies and (or) their deputies according to the schedule to carry out:

personal reception every Wednesday from 8.00 to 13.00;

“direct telephone lines” with the population every Saturday from 9.00 to 12.00;

offsite personal receptions at least once a quarter.

If necessary, due, among other things, to a significant number of applications from citizens, the activities specified in paragraphs two and three of part one of this subparagraph may be carried out for a longer time;

when considering applications containing information about the violation of rights and legitimate interests citizens, use the available powers to eliminate the violations committed, keep issues under control until they are fully resolved;

intensify work on solutions on the ground actual problems life support of the population;

stimulate the interest of people in the development of their regions, contribute to the formation of a feedback channel with the population, including through public discussions of issues of interest to citizens;

1.4 public funds mass media, within three days, notify state bodies about materials published in the relevant periodicals or heard in TV and radio programs about the failure by employees of such bodies to comply with the requirements of the law when working with the population.

The heads of state bodies are obliged to consider such materials and take measures to eliminate the violations committed and the causes that give rise to them, as well as to hold those responsible for this to account;

1.5 To the Ministry of Information:

organize constant coverage in the media of the measures taken to de-bureaucratize the state apparatus, improve work with the population;

on an ongoing basis, carry out information and propaganda work aimed at explaining to the population the constitutional requirements for the mutual responsibility of the state to citizens and citizens to the state.

2. Take measures to further improve the procedure for the implementation of administrative procedures. Wherein:

2.1 prohibit state bodies from demanding from interested persons who applied for the implementation of an administrative procedure, documents and information not provided for by the legislation on administrative procedures, as well as an unlawful refusal to accept applications for the implementation of administrative procedures, including in connection with the temporary absence of the relevant employee.

When revealing facts of violation of the prohibitions provided for in part one of this subparagraph, consider such facts as a gross violation of official duties;

2.2 heads of state bodies to ensure:

proper organization of places of reception of citizens in state bodies that carry out administrative procedures, including the provision of a sufficient number of seats for visitors and parking spaces for vehicles, drinking water, other amenities, the formation of a barrier-free environment for persons with disabilities and persons with limited mobility in order to ensure their unhindered access to places of reception of citizens;

reduction of the maximum waiting time in the queue when applying for administrative procedures;

2.3 To the Council of Ministers of the Republic of Belarus together with the regional executive committees and the Minsk City Executive Committee:

carry out work on a systematic basis to simplify administrative procedures, including by reducing the number of documents required for their completion;

take measures to ensure the fullest possible informing of citizens about the use of the “one window” principle in the implementation of administrative procedures, including through the media and the global computer network Internet;

within three months to work out the issue of ensuring the maximum consolidation of administrative procedures within one service and submit for consideration by the Head of State a draft decree of the President of the Republic of Belarus, defining legal status and organization of the activities of “one stop shop” services;

within two months:

to ensure the development and approval of instructions for the performance of complex and multi-stage procedures, providing a clear, transparent and as easy as possible for citizens mechanism for the implementation of such procedures, the establishment of intermediate and deadlines for their implementation, the exclusion of far-fetched and unreasonably costly requirements;

to minimize the number of administrative procedures, for the implementation of which citizens need to personally visit the city of Minsk or regional centers;

2.4 regional executive committees and the Minsk City Executive Committee to eliminate the need for citizens to repeatedly visit various departments of the local executive and administrative body (subordinate organizations) to submit applications for the implementation of administrative procedures. Acceptance of applications for the implementation of administrative procedures and provision of necessary consultations should be carried out in one place.

3. Raise the level of informatization in the field of work with citizens and organizations. For these purposes:

3.1 The Council of Ministers of the Republic of Belarus should ensure a full-scale transition of state bodies to electronic document management when implementing state functions, interacting or performing administrative procedures, including taking the necessary measures:

to ensure the timely transition to interdepartmental electronic interaction between state bodies and their subordinate organizations;

to reduce paper workflow while expanding the practice of using electronic format submission of documents;

to ensure information and technological interaction of all information resources necessary for the implementation of administrative procedures, as well as for finalizing software package"One window", taking into account the shortcomings identified in practice in its work;

on organizing the possibility of performing administrative procedures in electronic form, starting from the remote filing of applications for the implementation of administrative procedures (applications for their implementation) and ending with the receipt of results in the form of an electronic document;

on the creation and implementation of information resources that allow for the identification of citizens in the process of implementing administrative procedures in electronic form;

to encourage citizens to apply for the implementation of administrative procedures in electronic form;

3.2 To the Council of Ministers of the Republic of Belarus together with the regional executive committees and the Minsk City Executive Committee:

organize the gradual equipping of state bodies with audio and video recording systems in order to control the correctness of the reception of citizens and respect for people;

on an ongoing basis, ensure the updating of information contained on the websites of state bodies and organizations subordinate to them, in order to exclude contradictory, irrelevant information, fill gaps in informing the population;

3.3 heads of state bodies to expand the practice of public discussion on the websites of state bodies of the most significant draft regulatory legal acts, ensuring, through the use of the results of such discussion, the involvement of citizens in government and thereby creating a reliable barrier to corruption;

3.4 regional executive committees, the Minsk City Executive Committee to ensure that information on the phones of the services most in demand among the population in Minsk, regional centers, other cities, as well as information on all administrative procedures performed in the relevant territory, including addresses and mode the work of organizations carrying out these procedures, on administrative procedures carried out in electronic form, on the procedure for submitting applications for the implementation of such procedures.

4. Establish that the creation of conditions for ensuring the normal life of citizens, improving the quality of services provided to the population is a top priority for local executive and administrative bodies. All problems and difficulties of the population must first of all be resolved directly on the ground.

For these purposes:

4.1 to the regional executive committees and the Minsk City Executive Committee:

as a matter of priority, ensure the proper operation of housing and communal services, healthcare, trade, educational institutions, transport and other organizations providing services that ensure the livelihoods of the population in the relevant territory. The telephone numbers of these organizations should be posted on the websites of the district and city executive committees, and the quality of their work should be constantly monitored;

organize in each district, including on a paid basis, the provision of services to the population for the rental of equipment for agricultural and construction works, home delivery of agricultural products when purchased seasonally, firewood and other fuels sold to the population for heating, and other services demanded by the population;

periodically analyze the quality of services provided to the population, including taking into account the number of complaints received, and take measures to improve the efficiency of their provision;

4.2 To the Council of Ministers of the Republic of Belarus together with the regional executive committees and the Minsk City Executive Committee:

to develop and implement a system of rating assessment by citizens of the effectiveness of the activities of organizations providing services that ensure the livelihoods of the population, the quality of the implementation of administrative procedures through questioning, conducting surveys on the global computer network Internet and other activities using information and telecommunication technologies. Ensure that this information is properly taken into account and used in the evaluation of the activities of the relevant organizations and the rotation of their leadership;

to increase the level of rendering services to the population by organizations of the system of the Belarusian Republican Union of Consumer Societies, the Republican Unitary Enterprise postal service Belpochta, other organizations of republican significance providing services to the population, and ensure control over the proper quality of these services;

4.3 to recommend to the republican public association “Belaya Rus”, the public association “Belarusian Republican Youth Union”, in cooperation with the territorial centers of social services for the population, to organize a volunteer movement to provide assistance to veterans, the disabled, the elderly, and other categories of citizens in relations with state bodies and organizations, providing services to the public.

Considering the importance of fighting bureaucracy, I appeal to the Councils of Deputies of all levels, trade unions, youth, women's, veterans and other public associations, other organizations with a request to actively assist in the implementation of the provisions of this Directive.

It is impossible to overcome bureaucracy only by administrative methods. The issuance of additional acts leads to the emergence of new elements and relationships in the bureaucratic system, despite the fact that they are aimed at destroying individual relationships. This is due to the fact that the bureaucratic system is social, not technical. At any social system there is considerable inertia, and therefore even nominally abolished relationships will still exist for a long time if their absence is not controlled. However, for such control, it is necessary to create additional relationships and elements within the system, that is, there will be a transformation of the bureaucratic system without its reduction.

It is only through joint efforts that it is possible to ensure the protection of the interests of an individual, the state and society, to eliminate the negative phenomena associated with the manifestations of bureaucracy in all spheres of life.

3.2 Improving the activities of government bodies in organizing work with citizens' appeals

At present, the leadership of Belarus pays special attention to the work of state bodies as institutions that implement public policy. This is especially important given the fact that the opinion of citizens about the work of state bodies is formed in the course of direct communication with officials.

Back in 2010, at a meeting on improving the efficiency of work with citizens' appeals, it was noted that the efficiency of the work of state bodies of Belarus with citizens' appeals needs to be increased. The relevance of the topic for the entire population of the country is due to the declared implementation of the "State for the People" policy. For people, it is not so much GDP indicators that are important, but how large-scale government programs affect their lives, contribute to the solution of pressing everyday problems. Accordingly, it is extremely important for the entire system of state power to improve the feedback channel on the most pressing issues that concern people, which is the mechanism for appealing citizens and legal entities.

This is all the more important because it often happens that the issues with which citizens apply to state bodies do not require significant financial expenses. On the part of officials, it is only necessary to show attention to the person and the desire to help him. However, this is exactly what is lacking in practice. As experience shows, citizens' appeals are often "descended" by higher authorities to the places or the applicant is redirected to other instances, "chasing him in a circle." The efficiency of the work of state bodies of Belarus with citizens' appeals needs to be increased.

Thus, we can conclude that there are significant shortcomings in the system of interaction between government agencies and the population that negatively affect the reputation of civil servants themselves and the entire public administration system as a whole, which causes distrust in a number of government agencies and institutions, ranging from local councils, executive committees and ending with judicial, investigative and law enforcement agencies.

The main task is to analyze the current situation regarding the work of civil servants with citizens' appeals and assess the quality of its implementation and the level of efficiency, as well as develop recommendations for improving efficiency.

The achievement of the planned results is expected, firstly, by increasing openness and transparency in the work with appeals (for example, open access to data on appeals considered on the merits or redirected to the competent authorities), and secondly, by correcting and supplementing the current legislation, including the mechanism of increasing coefficients or bonuses for the efficiency of working with appeals from citizens and legal entities.

Calls perform at least three important functions. Firstly, appeals are a means of protecting the rights and legitimate interests of citizens and organizations. Secondly, it is a form of realization of the constitutional right to participate in government, and, therefore, one of the forms of expression of democracy and democracy. And, thirdly, appeals are a means of feedback, an expression of the reaction of the people, the population to decisions made by state power.

At the same time, experience shows that many leaders view work with citizens as a secondary task in relation to resolving issues assigned to the organization they lead. Issues of production growth, socio-economic development of regions, etc. are traditionally put in the first place. Consideration and resolution of everyday appeals of the population is often carried out on a residual basis, as free time appears. Many people think that this is a "secretary" job, and they do not have time to deal with such matters. However, we believe that the priority task of the head of the organization is to organize a clear work with incoming requests.

In accordance with Article 40 of the Constitution of the Republic of Belarus, everyone has the right to send personal or collective appeals to state bodies. Officials are obliged to consider the appeal and give an answer on the merits within the period specified by law; refusal to consider the submitted application must be reasoned in writing.

In addition to the previously provided written and oral forms of appeals, the law of 18.07.2011 introduced new form appeals - electronic. The innovation is due to the fact that in the previous legislation on citizens' appeals there was no regulation of this form of appeal. At the same time, since many state bodies and other organizations have official websites and electronic addresses, this form of appeal has been widely used in practice. In this regard, the law eliminated this gap in the legislation. In addition, citizens should know that they can directly apply to government agencies or organizations in an expeditious manner.

The legalization of electronic applications and the establishment of uniform legislative approaches for their consideration will protect the rights and legitimate interests of both applicants and state bodies, other organizations, ensure the consideration of applicants' applications using the Internet, thereby eliminating or reducing paper document flow.

One of the innovations of the law in terms of organizing a personal reception was the granting of the right, by decision of the head of a state body, organization, to use technical means (audio and video recording, film and photography) in the implementation of a personal reception. However, this is possible provided that the applicant is notified of the application technical means before the start of the intake.

This rule is aimed both at protecting the rights of citizens and the interests of state bodies and organizations, since it will allow to exclude unsubstantiated references to abuses by officials during a personal reception.

Another innovation of the law was the legislative consolidation of the applicant's right to withdraw his appeal at any time before considering the appeal on the merits.

The Law "On Appeals of Citizens and Legal Entities" (hereinafter - the Law), which entered into force in 2012, created the basis for a qualitative improvement in the mechanism for considering appeals. The Law comprehensively combines all the rights and obligations of citizens, responsibility for improper consideration of appeals, introduced a new type of appeal - an electronic appeal. In addition, there are a number of norms aimed at a clearer delimitation of the competence of state bodies.

Another measure that has created conditions for improving the quality of work with citizens' appeals is the holding of personal receptions. The schedule and venue of the receptions should be indicated on the information board (or on the website) of the relevant state body or organization. You can register by phone or electronically. The heads of ministries, state committees and concerns set a single day for the reception of citizens (the first Wednesday of the month).

In addition to personal receptions, there are also such forms of work with citizens' appeals as holding meetings with teams, organizing unified information days, direct telephone lines, hotlines and press conferences with the participation of media representatives.

Also, such measures of informing and interacting with citizens as hotlines, posting information on information stands in organizations and websites of government bodies are used. But, as practice shows, this information is not always provided in a timely manner and in full.

For violation of the procedure for considering citizens' appeals, Article 26 of Chapter 4 of the law provides for liability: "For violation of the procedure for considering applications of organizations, their officials, individual entrepreneurs and their employees are liable in accordance with legislative acts". Article 9.13 of the Code of the Republic of Belarus on administrative offenses"Violation of the legislation on appeals of citizens and legal entities" provides for liability in the form of a fine in the amount of four to twenty basic units.

Currently, the Republic of Belarus does not use any of the generally accepted scientifically fixed systems for evaluating the effectiveness of public administration, such as, for example, key performance indicators (KPI) - the Methodology of the system of key performance indicators, which is based on the use of measurable indicators that reflect real contribution each employee in the implementation of the plan. These indicators should be reliable and balanced among themselves, clearly and specifically formulated, should enable the performer to independently evaluate his work and influence its result.

In world practice, there is also a method of the so-called Common Assessment Framework (CAF), which was developed in 1998 and was normatively enshrined in an agreement on the development of this method through the European Public Administration Network.

There is also a balanced scorecard - Balanced Score Card. BSC in the practice of public administration allows you to translate state goals into a system of specific balanced scorecards, as well as justify performance criteria; to design a map of strategic goals, combining it with the tasks of the state body, as well as a map of key performance indicators of civil servants at all official levels.

At the same time, the provisions of the Decree of the Council of Ministers of the Republic of Belarus dated March 29, 2012 No. 278 "On the rating assessment of the activities of managers" are used as a system for assessing the effectiveness of the activities of public administration bodies. The purpose of this legal act is "to improve the assessment of the activities of the heads of the republican government bodies and other government organizations, subordinate to the Government of the Republic of Belarus, chairmen of regional executive committees and the Minsk City Executive Committee to ensure sustainable dynamic socio-economic development of the Republic of Belarus. The provisions of the above resolution indicate the use of a system of indicators as an assessment of the effectiveness. Thus, in Belarus, the performance of an individual civil servant is not assessed (the authors do not consider the appraisal mechanism as an assessment tool, since it is carried out in most cases purely formally).

And yet, despite the fact that there is no criterion for considering citizens' appeals in the above description, the relevant structures monitor the work with appeals of appeals.

Thus, the Operative-Analytical Center (OAC) conducted a sociological monitoring "Opinion of the population of Belarus on the state of work on debureaucratization of the state apparatus." The survey involved 1,571 respondents aged 18 years and older in all regional centers of the country and the city of Minsk, regional cities and rural areas. settlements. The respondents were asked a number of questions concerning the assessment of the style and methods of working with citizens in state institutions and other organizations, the organization of work with citizens' appeals, the degree of satisfaction of citizens with the solution of their issues. It was also possible to draw up a social portrait of employees public institutions and identify shortcomings in the work of officials with written appeals.

Interestingly, almost a third of the population (on average 29.5%) notes an improvement in the conditions for serving the population, informing and providing qualified advice, professionalism and competence, and the ability to work with people, compared with only 8% who noted a deterioration.

As for the degree of satisfaction with the solution of their issues, about 76.5% are satisfied with the solution of their issues in organizations at the place of work or study, at communication enterprises and in registry offices.

About 70% of respondents are satisfied with the results of organ visits social protection, educational institutions, local executive and administrative authorities, notary offices. Only 8.5% rate their experience as negative. Almost half of the citizens (48%) are to some extent dissatisfied with the resolution of their issues in the customs authorities, organizations of architecture and construction, and housing and communal services.

As for the shortcomings noted, 24% of the respondents answered that replies are sent in response to appeals. According to 15% of respondents, it is difficult to find an employee in an institution who can accept an application or consider a written request. Often, responses are delayed or not received, or applications are sent for consideration to the organization against which you are complaining.

At the same time, a third of the respondents (35%) do not note any shortcomings.

1) Introduction of the principle of openness of information on the consideration of applications from citizens and legal entities. For example, publications on the website of the relevant institution of the status of an appeal or complaint (considered on the merits, redirected to the competent authorities, cannot be considered for certain reasons), indicating the specific responsible executor involved in resolving the situation, and the decision taken.

2) Introduction of a feedback mechanism. Citizens should be able to evaluate the quality of the service provided, which can be done in the form of a questionnaire, online feedback or rating in accordance with a specially designed scale.

3) Introduction of a system of non-material incentives for the efficiency of work with appeals from citizens and legal entities. For example, an announcement of gratitude, publication (posting in electronic form on the website of a state body) of information about a specific official, effectively decisive questions associated with citizens' complaints.

4) Adoption of amendments and additions to current legislature on the establishment of differentiated remuneration for civil servants involved in the consideration of applications, depending on the effectiveness of such activities. This proposal can be implemented through the introduction of special increasing and decreasing coefficients, bonuses (along with the mechanism for deprecating bonuses), or monthly (quarterly / annual) bonuses, depending on the quality of consideration of applications.

5) In the future, when developing legislation on the activities of state bodies and civil servants, legally formalize and consolidate provisions that would allow taking into account the effectiveness of work with appeals from citizens and legal entities, if this is provided for by the competence of the relevant state body and official, as one of necessary qualification requirements when passing certification for compliance with the position held (promotion, class rank).

These measures would undoubtedly help to increase the efficiency of interaction between state bodies and the general population. The benefit for state institutions would be that their reputation in the eyes of citizens would be strengthened, minimizing manifestations of social tension. Binding wages of civil servants involved in the consideration of appeals to qualitative and possibly proportional quantitative indicators would lead to a personal interest in the proper performance of work. The system of material and non-material incentives for civil servants contributes to the growth of motivation. For citizens like ultimate beneficiaries, the adoption of such measures would mean a high level of quality service provided. Ultimately, all this would lead to an increase in trust in the state and state institutions.

Summing up, we can say that Belarus has created and successfully operates normative base, contributing to overcoming such negative phenomena as formalism, red tape and the wrong attitude towards people. The directive became the basis for further development of legislation in this area and is a long-term program to combat bureaucratic manifestations in the state and society. It enshrined only those approaches that are currently relevant, especially necessary and top priority. Therefore, today the most important thing is its effective implementation in practice. However, no administrative methods will be able to get rid of the negative phenomena if all citizens of Belarus are not involved in this work.

For authorities, citizens' appeals are one of the the most important sources information necessary for solving issues of public administration. In 2010 and 2013, amendments were made to the Law “On the procedure for considering applications from citizens of the Russian Federation”, which significantly changed a number of its important provisions. What caused these changes and what issues do they concern?

Citizens' appeals are an important means of exercising and protecting individual rights, strengthening the relationship between government bodies and the population; this is one of the forms of citizens' participation in managing the affairs of the state and society. For authorities, citizens' appeals are one of the most important sources of information necessary to resolve issues of public administration..

V.F. Yankova,

deputy director of VNIIDAD,

cand. ist. Sciences, Assoc.

The procedure for considering citizens' appeals is regulated by Federal Law No. 59-FZ of May 2, 2006 " On the procedure for considering applications from citizens of the Russian Federation"* (hereinafter - the Law). The law develops the provisions of Art. 33 of the Constitution of the Russian Federation, which gives citizens the right to apply personally, as well as send written individual and collective appeals to state authorities and local governments. The Law also defines the procedure for consideration of citizens' appeals in the authorities. State authorities and local governments have long been applying the provisions of the Law in practice, and many authorities have local regulatory legal acts that determine the procedure for considering applications, taking into account their departmental specifics, and the procedure for conducting office work on citizens' applications.

In 2010 and 2013, amendments were made to the Law “On the procedure for considering applications from citizens of the Russian Federation”, which significantly changed a number of important provisions of the Law. Changes in 2010 were caused by the adoption of Federal Law No. 210-FZ dated July 27, 2010 “On the procedure for providing state and municipal services”, and changes in 2013 were caused by the decision of the Constitutional Court of the Russian Federation. These changes are of a fundamental nature, changing some of the prevailing ideas about which documents belong to the category of documents "Citizens' Appeals", which, in turn, changes some of the established methods of working with this category of documents.

* Federal Law No. 59-FZ of 02.05.2006 “On the procedure for considering applications from citizens of the Russian Federation” (as amended on 06/29/2010, 06/27/2010, 05/07/2013, © V.F. Yankovaya, 2013 07/02/2013).

Main provisions of the Law

The law establishes the types of written appeals of citizens, these are: proposal, statement, complaint. The Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” defines the types of appeals as follows (Article 4):

“proposal - a recommendation of a citizen to improve laws and other regulatory legal acts, the activities of state bodies and local governments, the development public relations, improvement of socio-economic and other spheres of activity of the state and society;

application - a citizen's request for assistance in the implementation of its constitutional rights and freedoms or constitutional rights and freedoms of other persons, or reporting violations of laws and other regulatory legal acts, shortcomings in the work of state bodies, local governments and officials, or criticism of the activities of these bodies and officials;

Complaint - a citizen's request for the restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons.

The law establishes the procedure for consideration of citizens' appeals by state bodies, local governments and officials, a number of provisions of the Law are directly related to record keeping on citizens' appeals.

Firstly, The law establishes requirements for a written appeal. The appeal must contain (Article 7, paragraph 1):

the name of the state body or local self-government body to which the written request is sent, or the last name, first name, patronymic of the relevant official, or the position of the relevant person;

surname, name, patronymic (the last one - if available);

postal address to which the response should be sent, notification of redirection of the appeal;

the essence of the proposal, application or complaint;

personal signature;

date.

Secondly, The law gives citizens the right to send appeals to the state authority, local government, official in the form of an electronic document (Article 7, paragraph 3), which is subject to consideration in the same manner as a written appeal. A citizen in his electronic appeal must indicate the last name, first name, patronymic (the last one - if available), e-mail address if the answer must be sent in the form of an electronic document, and postal address if the answer must be sent in writing.

Thirdly, The law establishes a number of rules regarding the timing of consideration of citizens' appeals, in particular:

a written appeal is subject to mandatory registration within three days from the date of receipt by a state body, local government body or official (Article 8, paragraph 2);

a written appeal containing issues, the solution of which is not within the competence of this state body, local government body or official, shall be sent within seven days from the date of registration to the relevant body or the relevant official, whose competence includes the resolution of the issues raised in the appeal (Art. .8, item 3);

if the solution of the issues raised in a written appeal falls within the competence of several state bodies, local governments or officials, a copy of the appeal within seven days from the date of registration is sent to the relevant state bodies, local governments or relevant officials (Article 8, paragraph four);

a written appeal received by a state body, a local government body or an official in accordance with their competence is considered within 30 days from the date of registration of the written appeal; in exceptional cases, as well as in the case of a request<...>the head of a state body or local self-government body, an official or an authorized person has the right to extend the period for consideration of an application for no more than 30 days, notifying the citizen who sent the application of the extension of the period for its consideration (Article 12).


The law also establishes in which cases a response to an appeal is not given, and in which cases the head of a state body or local self-government body, an official has the right to decide on the groundlessness of the next appeal and stop correspondence with a citizen on this issue.

In particular, if the citizen's appeal does not indicate the name of the citizen who sent the appeal, or the postal address to which the response should be sent, the response to the appeal is not given (Article 11, paragraph 1).

Amendments to the Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation”

So, let's look at the changes that have been made to the Law. Let's start with those that were introduced in connection with the adoption of the Federal Law of July 27, 2010 No. 210-FZ " On the organization of the provision of state and municipal services».

In connection with the adoption of this Law, the changes affected those articles in which we are talking on appeals of citizens made in electronic form: this is Art. 4 and 7.

In Article 4, amendments were made to the definition of the concept of "citizen's appeal", which can now be not only in written or oral form, but also in the form of an electronic document:

“appeal of a citizen ... - a proposal, application or complaint sent to a state body, local government body or official in writing or in the form of an electronic document, as well as an oral appeal of a citizen to a state body, local government body”.

Of course, an appeal in the form of an electronic document remains in the form of reproduction a written appeal, but the main thing here is the form of presentation of the document and the method of transmission (via information and communication channels).

Paragraph 3 of Article 7, which establishes the right of a citizen to apply to a state authority, local government, to an official in electronic form, in connection with the adoption of the Federal Law "On the organization of the provision of state and municipal services" is also set out in new edition. Let's compare the original and current versions of this paragraph of the Law:


Federal Law No. 59-FZ, as amended. from 02.05.2006

Federal Law No. 59-FZ, as amended. from 02.07.2013

“3. An appeal received by a state body, a local government body or an official for public information systems is subject to consideration in the manner established by this Federal Law "

“3. An appeal received by a state body, a local government body or an official in the form of an electronic appeal is subject to consideration in the manner established by this Federal Law. In the appeal, a citizen must indicate his last name, first name, patronymic (the last one, if any), e-mail address, if the answer must be sent in the form of an electronic document, and postal address, if the answer must be sent in writing. A citizen has the right to attach the necessary documents and materials to such an appeal in electronic form or send the specified documents and materials or their copies in writing.

At the same time, the provision of the Law does not contain any instructions on giving legal significance to an appeal in electronic form. In this regard, we recall the provisions of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection”, paragraph 4 of Art. 11 of which says:

“For the purpose of concluding civil law contracts or formalizing other legal relations involving persons exchanging electronic messages, the exchange of electronic messages, each of which is signed by an electronic signature or other analogue of the sender's handwritten signature of such a message, in the manner prescribed by federal laws, other regulatory legal acts or agreement of the parties, is considered as an exchange of documents”*.

Thus, the exchange of electronic messages that are not signed with an electronic signature or another analogue of a handwritten signature (by the way, the legislation of the Russian Federation does not explain what a “similar to a handwritten signature” is) cannot be considered as an exchange of documents. At the same time, the Law obliges the authority or official who has considered the appeal in electronic form to give a response to it and send a response in the form of an electronic document to the e-mail address indicated in the appeal, or in writing to the postal address indicated in the appeal (Art. 10, paragraph 4 of the Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation”).

Only one conclusion can be drawn from this: the Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” obliges authorities, local governments, officials (and in accordance with Article 2, the Law applies to state and municipal institutions, and other organizations who are entrusted with the implementation of publicly significant functions) to work with citizens' appeals that do not have legal significance, because a citizen, sending an appeal in electronic form, does not have the opportunity to sign it with an electronic signature.

* Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection" No. 252-FZ, No. 139-FZ of July 28, 2012, No. 50-FZ of April 5, 2013, No. 112-FZ of June 7, 2013, No. 187-FZ of July 2, 2013).

Realizing this, the authorities, when considering electronic appeals, are forced to resort to various methods that allow them to get out of this very difficult situation: they either inform the citizen by e-mail (if the citizen did not indicate the postal address at which the answer should be given) that the appeal considered, a response to the appeal is prepared and the citizen can receive it personally by presenting an identity document, or they send the citizen an electronic image of the response to the appeal, that is, in fact, a copy of it. It turns out that in the first case, the authority is forced to enter into additional correspondence with the citizen, which is not provided for by the Law, which creates an additional burden on employees of the authorities. In the second case, the authority gives a legally insignificant answer to a legally insignificant document. If a citizen in his electronic appeal indicated his postal address to which the authority sends a response to the appeal, then in this case we have a more than strange situation when a document that is not legally significant (since there is no possibility of identifying the person who sent the appeal in electronic form) the authority sends a legally significant response (official document).

It is no coincidence that in a number of regions the authorities, working with electronic appeals of citizens, are trying to verify the person (identification of the person) who sent the appeal in electronic form, by accessing the databases of the regional departments of the Federal Migration Service, the Ministry of Internal Affairs, etc., with which appropriate agreements are concluded.

The general conclusion in connection with this provision of the Law: the norm of the Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation", which gives citizens the right to apply to the authorities with appeals in electronic form, contradicts the norm of the Federal Law "On Information, Information Technologies and Information Protection", forces the authorities either to go beyond the legal framework, or forces them to create various options for getting out of this situation, which leads to additional work and, accordingly, additional time and labor costs.

Serious amendments to the Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation" were made in connection with the resolution Constitutional Court of the Russian Federation dated July 18, 2012 No. 19-P*.

The reason for considering the provisions of the Law in the Constitutional Court was the appeal of the Legislative Assembly of the Rostov Region, which challenged a number of provisions of the Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation", namely that the Law does not extend to legal entities the right to send individual and collective appeals to state bodies and local self-government bodies and does not provide for guarantees of the rights of citizens when they apply to state and municipal enterprises and institutions. When considering this issue by the Constitutional Court, a number of provisions of the Law were recognized as unconstitutional, in connection with which amendments were made to the Law.

Let's take a look at these changes.

Article 1 of the Law, which defines the scope of its application, in connection with the decision of the Constitutional Court, was supplemented by paragraph 4, which clarifies and expands the scope of its application. We bring this article of the Law into the current edition fully:

“Article 1. Scope of application of this Federal Law

1. This Federal Law governs legal relations related to the exercise by a citizen of the Russian Federation (hereinafter also referred to as a citizen) of the right assigned to him by the Constitution of the Russian Federation to apply to state bodies and local self-government bodies, and also establishes the procedure for considering citizens' appeals by state bodies, local self-government bodies and officials.

2. The procedure for considering citizens' appeals established by this Federal Law shall apply to all citizens' appeals, with the exception of appeals that are subject to consideration in the manner established by federal constitutional laws and other federal laws.

3. The procedure for considering citizens' appeals established by this Federal Law shall apply to legal relations related to the consideration of appeals. foreign citizens and stateless persons, with the exception of cases established by international treaty Russian Federation or federal law.

* Resolution of the Constitutional Court of the Russian Federation of July 18, 2012 No. 19-P “On the case of checking the constitutionality of part 1 of article 1, part 1 of article 2 and article 3 of the Federal Law “On the procedure for considering applications from citizens of the Russian Federation” in connection with the request of the Legislative Assembly of the Rostov areas".

4. The procedure for considering citizens' appeals established by this Federal Law by state bodies, local governments and officials applies to legal relations related to the consideration by these bodies, officials of appeals from associations of citizens, including legal entities, as well as to legal relations related to the consideration of appeals citizens, associations of citizens, including legal entities, publicly meaningful features, state and municipal institutions, other organizations and their officials”.

The fact that state and municipal institutions exercising publicly significant functions, other organizations and their officials, along with state authorities, local self-government bodies, officials, also fell within the scope of the Law does not require comment. This addition removed the issues that arose earlier in connection with the limitation of the scope of the Law only by authorities and officials*.

But the provision of the current version of the Law, according to which the Law establishes the procedure for considering not only citizens' appeals, but also appeals from citizens' associations, including legal entities, raises many questions in practice, the main of which is related to what appeals of legal entities should be attributed to the category of citizens' appeals, and which ones are not. The question is not at all idle, given that special deadlines have been set for citizens' appeals for registration of an appeal, its consideration, redirection, etc.

If we treat the newly introduced norm formally, then all appeals of legal entities should be classified as citizens' appeals, but in this case, all correspondence of the authority turns into correspondence with citizens and legal entities as associations of citizens. natural questions that arise in connection with this: why then do we need the Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation”? Why then not work with this category of documents according to general rules office work? In this case, what is the point of establishing special terms for consideration of this category of documents?

* An official is a person who permanently, temporarily or by special authority, performs the functions of a representative of the authorities or performs organizational, administrative, administrative and economic functions in a state body or local government (Federal Law of 02.05.2006 No. 59-ФЗ “On the Procedure for Considering Applications citizens of the Russian Federation” as amended on 06/29/2010, 07/27/2010, 05/07/2013, 07/02/2013, article 4).

If we approach this situation informally, then we should remember that the Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation" refers to citizens' appeals as three types of documents - an application, a proposal, a complaint. Therefore, one can try to use a substantive criterion and classify only those letters of legal entities that are in essence:

  • proposals (contain recommendations for improving laws and other regulatory legal acts, the activities of state bodies and local governments, etc.);
  • statements (contain requests for assistance in the implementation of constitutional rights and freedoms or a message about violations of laws and other regulatory legal acts, etc.);
  • complaints (contain requests for the restoration or protection of violated rights, freedoms or legitimate interests).

But if this criterion applies in principle to proposals and complaints, then it is not so simple with regard to applications. The fact is that the documents called "statement" include a huge variety of documents drawn up in a variety of situations.

For example, in the implementation of state and municipal services provided to both individuals and legal entities, the initiating document is often a statement.

In practice, many types of applications are used, and there is no criterion that would allow separating applications that should be considered under the Law “On the Procedure for Appeals of Citizens of the Russian Federation” from many other types of applications, in particular, from those that in many cases initiate the provision state and municipal services and, accordingly, should be considered in accordance with other regulatory documents.

It is obvious that it is not easy to find an easy solution in this situation, although it is extremely important for those involved in record keeping to have clear criteria for classifying documents as citizens' applications, and this primarily concerns citizens' applications, not only individuals, but also legal ones. persons.

An analysis of the work of the Oktyabrsky District Administration with citizens' appeals revealed a number of shortcomings that indicate the need to improve this area of ​​activity in specific areas.

Firstly, repeated statements and complaints from citizens. These are cases such as a repeated appeal on the same issue, without waiting for the execution of this request (for example, repair of the courtyard roadway - if the text of the letter indicates that the repair is scheduled for the 2nd quarter of 2016); when the applicant submits and sends his appeal to departments whose powers do not include issues related to this appeal. The job descriptions of administration employees are not sufficiently elaborated, since most departments have intertwining functions.

The work of the administration to inform the population about the work of local self-government bodies should be more constructive, interaction with the media is not actively carried out. This gives rise to additional appeals from citizens to the administration, for example, in terms of obtaining clarifications on the decisions taken by it of economic and social character affecting the interests of the population.

Secondly, in comparison with written appeals, the personal reception of citizens by the administration has a large number of shortcomings, such as: physical condition many citizens are deprived of the opportunity to come to the reception on their own; personal reception of citizens is carried out only a few times a week; personal reception is held during working hours for most of the population and for a very limited time.

These circumstances greatly narrow the circle of people who have the opportunity to use this form of communication with government officials. In order to eliminate these negative points, many organs municipal government use such forms, transfer the days of personal reception of citizens to weekends, increase the reception time after the end of the working day.

Conclusion

The study made it possible to draw the following conclusions.

Appeals of citizens - a document that is sent to local governments or to an official in written (oral) form in the form of an application, complaint or proposal. The right to petition of citizens is an important constitutional and legal means of expressing and protecting the rights and freedoms of citizens.

Appeals of citizens can be of three types: proposal, statement, complaint.

Nine basic principles of the functioning of the institution of the right of citizens to appeal to local self-government bodies have been identified: the principle of universality, the principle of freedom of filing appeals, the principle of equality, the principle of publicity, the principle of jurisdiction, the principle of equal responsibility of an official, the principle of legality, the principle of objectivity of consideration, the principle of an integrated approach.

These principles, which underlie the institution of citizens' appeals to local governments, are aimed at ensuring maximum effective work with all types of citizens' appeals.

The characteristic of the institution of citizens' appeal to local governments has the following fundamental points:

The right to apply is an absolute, unlimited and inalienable right of a citizen.

Appeals play important functions, such as: human rights, communication, information.

Also, general and specific features of appeals were considered.

Common features of all appeals of citizens include:

The private interest of a citizen, the consequences of his appeal, in most cases, have public legal significance and consequences.

The right of citizens to appeal to state bodies and local self-government bodies can be attributed to the sphere of state-legal regulation.

The population most often turns to the administration with private and collective requests and complaints. The priority area of ​​activity of the administration is work with citizens' appeals.

Reception of appeals from citizens in the city district, both oral and written applications, is carried out according to certain mechanisms of work, within the time limits established by law and in a certain form of response.

As a result of the analysis, both pluses and minuses in the work of the administration were revealed.

Among the positive aspects of the work of the administration stand out: an increase in the number of applications, there is an increase in the level of trust in the municipal government among the population, but there is also a negative point in this, the more applications, therefore, the more problems in the area.

Among the shortcomings of the administration's work with citizens' appeals, the following can be identified:

Job Descriptions administration workers are not sufficiently developed, since most departments have interlacing functions;

The personal reception of citizens in comparison with written appeals has a large number of shortcomings, such as: due to the physical condition, many citizens are deprived of the opportunity to come to the reception on their own; personal reception of citizens is carried out only a few times a week; personal reception is held during working hours for most of the population and for a very limited time.

Bibliography

1. Borodin I.A. On the right of citizens to appeal in defense of their rights and freedoms / I.A. Borodin // Military legal journal. - 2009. - No. 8.

2. Vyalova L.M. Problems of modern regulation of work with citizens' appeals / L.M. Vyalova // Office work. - 1999. - No. 1.

3. Golovatskaya M. V. On the issue of the procedure for considering citizens' appeals / M. V. Golovatskaya // Lawyer. - 2007. - No. 5.

4. Ermolaeva A.V. Work with appeals of citizens in state authorities of the constituent entities of the Russian Federation and local governments (on the example of the Saratov region) / A.V. Ermolaeva, M.I. Landenok // Secretarial business. - 2004. - No. 12.