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Law and Politics
Reference:
Bikov I.I.
The procedure for dealing with citizens' appeals in public authorities on the example of the Orel and Moscow regions
// Law and Politics.
2024. ¹ 9.
P. 226-236.
DOI: 10.7256/2454-0706.2024.9.71619 EDN: GXOXIR URL: https://en.nbpublish.com/library_read_article.php?id=71619
The procedure for dealing with citizens' appeals in public authorities on the example of the Orel and Moscow regions
DOI: 10.7256/2454-0706.2024.9.71619EDN: GXOXIRReceived: 01-09-2024Published: 03-10-2024Abstract: The object of the study is the social relations arising in the process of consideration and resolution of citizens' appeals in public authorities. The subject of the study is the procedure for receiving, registering, reviewing and resolving citizens' appeals in the public authorities of the Orel and Moscow regions. The author examines the normative legal acts regulating the procedure for dealing with citizens' appeals to the state authorities of the Orel and Moscow regions. Special attention is paid to legal norms that promote the responsible performance by employees of state bodies of their official duties to consider citizens' appeals. The author highlights the problems existing in the normative legal acts. Such problems include long periods of consideration of citizens' appeals, an insufficient number of ways to send appeals, and an insufficient list of cases when an appeal should be monitored by the head. The study used a content analysis method and a comparison method. The content analysis method made it possible to study the structure and content of normative legal acts regulating the procedure for dealing with citizens' appeals, to identify the main topics and concepts that are used in them. The comparison method made it possible to identify similarities and differences in the organization of work with citizens' appeals. The scientific novelty of the study is the recommendations for improving the efficiency of the procedure for dealing with citizens' appeals. The main conclusions of the study are the facts that in the Orel and Moscow regions there are similar procedures for dealing with citizens' appeals. However, there are some differences. For example, in the Moscow region there is a list of cases when an appeal must be considered immediately, and appeals can also be transmitted by representatives of a citizen. In the Orel region, appeals that contain information about a crime being prepared or committed are registered immediately. There are also other differences. In order to improve the quality of work with citizens' appeals, it is necessary to continue to improve the normative legal acts regulating this activity and increase the level of competence of responsible persons. Keywords: technologies, citizens' appeals, public authorities, Orel region, Moscow region, personal reception, administration, governor, government, civil societyThis article is automatically translated. Introduction The Constitution of the Russian Federation proclaims Russia as a democratic, legal and social state. This means that citizens must have the opportunity to influence public policy, the rule of law must be ensured, and human and civil rights must be respected. In these circumstances, the State should actively interact with civil society. One of the ways of interaction between the state and civil society is the appeals of citizens. Currently, the number of citizens' appeals to public authorities is increasing in Russia. Increasing the burden on government agencies requires them to increase the efficiency of working with citizens' appeals. The purpose of the scientific article is to analyze the procedure for dealing with citizens' appeals in the state bodies of the Orel and Moscow regions, identify shortcomings and propose ways to eliminate them. The hypothesis of this study is the assumption that the procedure for dealing with citizens' appeals in different regions is similar, while there are some features that contribute to a more effective solution to citizens' problems. The scientific novelty of the study is the recommendations for improving the efficiency of the procedure for dealing with citizens' appeals. The theoretical significance of the study lies in identifying the specifics of working with citizens' appeals in various regions of the country, in identifying problems and best practices in these regions. The practical significance of the study lies in the fact that the identified best practices in dealing with appeals and the proposed ways to eliminate shortcomings can be used in the practical activities of public authorities in various regions of the country. Object and methods of research The object of the study is the social relations arising in the process of consideration and resolution of citizens' appeals in public authorities. The subject of the study is the procedure for receiving, registering, reviewing and resolving citizens' appeals in the public authorities of the Orel and Moscow regions. The study used a content analysis method and a comparison method. The content analysis method made it possible to study the structure and content of normative legal acts regulating the procedure for dealing with citizens' appeals in the Orel and Moscow regions, to identify the main topics and concepts that are used in them. The comparison method made it possible to identify similarities and differences in the organization of work with citizens' appeals in the Orel and Moscow regions. Results and their discussion Consideration of citizens' appeals to the executive authorities of the Orel region is regulated by the Procedure for considering citizens' appeals to the executive authorities of the Orel region (hereinafter referred to as the Procedure). In accordance with this Procedure, citizens' appeals are considered, which are received by the Governor of the Orel region, the Government of the Orel region and the executive authorities of the special competence of the Orel region. Consideration of citizens' appeals to the executive bodies of state power of the Moscow Region is regulated by the Regulations for Consideration of Appeals in the Government of the Moscow Region (hereinafter – the Regulations). The Regulations are guided when considering appeals that are received by the Governor of the Moscow Region, Vice-Governors of the Moscow Region, other members of the Government of the Moscow Region and other authorized officials. In the Orel region, the Administration of the Governor and the Government is responsible for documenting the work with citizens' appeals that are received by the Governor and members of the Government of the Orel region. The documentation support of the work with citizens' appeals, which are received by the executive authorities and their structural divisions, is handled by the office management department of the relevant authority. In the Moscow Region, the Governor's Administration is responsible for organizing work with citizens' appeals that are received by the Governor and the Government of the Moscow Region. The Procedure and Regulations list the normative legal acts that responsible persons should follow when working with citizens' appeals. It should be noted that the list of such normative legal acts in the Order is wider than in the Regulations. For example, the laws on state secrets, personal data, and information are listed in the Order. These regulations are federal, so they must be observed in all regions. However, listing these normative legal acts in the Order reminds responsible persons of the need to comply with them when considering citizens' appeals. Citizens' appeals to state bodies must be considered within the time limit established by law. In the Orel region, appeals must be considered within 30 days from the date of registration of the appeal. Shorter deadlines are provided for when considering written requests from parents or their surrogates regarding the organization of recreation and health improvement of children. Such requests must be considered within 20 days. Appeals received by the Governor about violations in the field of migration must be considered within 20 days. In the Moscow Region, the Regulations also specify that the period for consideration of citizens' appeals is 30 days from the date of registration. There are reduced deadlines for consideration of citizens' appeals. Citizens' appeals containing information about the facts of a possible violation of migration legislation are considered within 20 days from the date of registration. The Regulations provide for cases when appeals are considered without delay. Appeals should be considered without delay if they contain issues of ensuring the rights of the child, as well as proposals to prevent accidents and other emergencies. The Regulations also specify when an appeal should be considered if the deadline for its consideration ends on a non-working day. In this case, the deadline for the end of the review is the day preceding the non-working day. The regulations in relation to the Procedure on the timing of consideration of citizens' appeals are more elaborated. In the Orel region, the reception of applications is carried out by the office management department of the relevant executive authority. Residents of the Orel region can directly submit an appeal on any working day from 9 a.m. to 5 p.m. Citizens, when submitting an appeal, may ask to put on copies of the appeal the date and time of receipt of the appeal, and the name and signature of the employee who accepted the appeal. Citizens can also send an appeal by mail. Citizens can send applications in electronic form through the Internet reception of the Portal of the Orel region or through a personal account on a Single portal. In the Moscow Region, citizens can personally submit an appeal to the Government of the Moscow Region. A citizen's representative can also send an appeal. Compared with the Orel region, citizens in the Moscow region have greater opportunities to send appeals. Citizens can send appeals by mail, courier, telegraph, fax. Applications in electronic form can be sent through the Internet portal of the Government of the Moscow Region or through a Single portal. Reception of written requests is carried out by the Office of Record Keeping and Document Management of the Administration of the Governor of the Moscow Region. When accepting a written application, a citizen may ask for a receipt, which must indicate the date and time of receipt of the application, the number of accepted sheets. Unlike receiving an appeal in the Orel region, no marks are made on a copy of the appeal. In the Orel and Moscow regions, written applications are registered within three days from the date of receipt of the application. In the Orel region, appeals containing information about an illegal act being prepared, committed or committed, as well as persons involved in these acts, are registered immediately and sent to the relevant competent authorities. In the Orel and Moscow regions, applications are registered in the electronic document management system. In the Orel region, an envelope with an appeal marked personally is handed over to an official to whom it is addressed in an unopened envelope. Registration of such appeals is carried out after consideration by decision of an official. In the Moscow region, an envelope with an appeal marked personally, addressed to the Governor, is opened by the head of the Office of Record Keeping and Document Management, an envelope marked personally addressed to a member of the Government is opened in the relevant secretariats of Government members. When registering a request, an electronic registration card of the document is created. The registration card contains information about the applicant, the date of receipt of the application, the registration number, a summary of the issues and their classifiers, postal and e-mail addresses, the method of receipt of the application, the addressee, the number of sheets in the application and appendices, the deadline for consideration of the application and other information. After registration, the application is sent for consideration. In the Orel region, it is indicated in the Order that the appeal should be sent for consideration no later than the day following the day of registration of the appeal to the head of the executive body to whom the appeal is addressed. In contrast to the Procedure, the Regulations state that the appeal, depending on the content, is sent to the responsible person, regardless of whose name it is directed to. In the Moscow Region, the Regulations state that if the appeal appeals against the actions of the Government of the Moscow Region, then it is sent for consideration, depending on the distribution of powers, to the Governor, Vice-Governors or Deputy Chairmen of the Government of the Moscow Region. If the appeal contains issues affecting the interests of a large number of residents of the Moscow region, then such an appeal is reported to the Office of the Administration of the Governor of the Moscow Region, which is engaged in analytical work. Requests for information on the activities of the Government of the Moscow Region are sent to an independent department of the Governor's Administration The Moscow Region or another government agency with such information. After the receipt of the appeal to the responsible person, its consideration takes place. In the Orel region, the deadline for consideration of the application by the responsible person is specified in the Order. In accordance with the Procedure, the appeal must be considered by the head of the executive authority within a period not exceeding two working days. When considering an appeal, the head makes a decision on the merits of the issues and gives instructions to his subordinates in the form of a resolution. The head of the executive authority may put the appeal under control. Unlike the Regulations, the Procedure does not specify a list of cases when the appeal is put under control. In the Moscow Region, in accordance with the Regulations, appeals containing information about specific violations of rights and freedoms or having issues of public importance are put under control. Setting up requests for control allows you to identify shortcomings in the work of government agencies, get information for analytical notes, identify previously taken measures when repeated requests are received. Also, applications on behalf of the President, the Chairman of the Government and his deputies, the chairmen of the chambers of the Federal Assembly, the head of the Presidential Administration and other persons specified in the Regulations are subject to control. After consideration of the appeal by the responsible person, it is transferred for execution. In the Moscow region, the Regulations do not specify the procedure for executing the appeal. In the Orel region, in accordance with the Procedure, citizens' appeals are sent for execution on the day of their consideration by the head of the authority or on the next working day. The contractor examines the proposal, application or complaint, takes measures to address the issues and prepares a response. When considering issues, the contractor may invite the citizen who applied for a personal conversation, invite the head of the executive body to consider organizing verification of information from the appeal and propose measures to restore and protect violated rights and freedoms. If repeated or repeated requests are received, the contractor suggests measures to eliminate the causes of such requests. The contractor must prepare and send to the head a draft response to the appeal no later than 3 days before the deadline for consideration of the appeal. If it is necessary to extend the period for consideration of the appeal, no later than 5 days before the deadline, the contractor must send the head a proposal to extend the period for consideration of the appeal with justification of the reasons and specify the date when this appeal should be considered, taking into account the limitation of the extension for 30 days. The applicant must be informed about the extension of the deadline. The response to the appeals must be signed by the head of the executive authority or his deputies within a period not exceeding two working days. If a citizen's appeal has been received in electronic form, then the head or his deputies can use an electronic signature in the response or sign with their own hands. The head should check the quality of the contractor's study of the issues, the comprehensiveness, objectivity and timeliness of the decision being made. If the manager does not agree with the proposed solution, then the appeal is returned to the contractor with instructions on the need to eliminate the identified shortcomings in the solution. The response to the citizen's appeal must be registered by the office management service on the day of its signing. If the response was signed after 5 p.m., the response must be registered no later than the next business day. The response is sent to the citizen no later than the working day following the day of registration. If the applicant reports that no response has been received, a copy of the response will be sent to him. The study of citizens' appeals during a personal reception is different from the consideration of written appeals. In the Orel region, in accordance with the Procedure, a personal reception of citizens by the Governor of the Orel region, members of the Government of the Orel region is held in the administration of the Orel region, field receptions are held in the administrations of municipalities. Personal reception is carried out in accordance with the schedule of personal reception. For each visitor, the reception time should not exceed 30 minutes. In the Moscow Region, in accordance with the Regulations, the personal reception of citizens by the Governor of the Moscow Region, members of the Government of the Moscow Region and other officials is carried out according to the schedule. The Department for Dealing with Appeals from Citizens and Organizations (hereinafter referred to as the Department) is responsible for organizing a personal reception at the Reception of the Government of the Moscow Region. Employees of the Department hold a reception every day from 9 to 17 o'clock. The admission schedule is drawn up monthly by the Department and approved by the Governor. In the Orel region, the Administration of the Governor and the Government of the Orel region draws up a personal reception schedule for the next calendar year. In the Orel region, in accordance with the Procedure, an appointment for a personal appointment by the heads of executive authorities is carried out by the office management service, taking into account the content of the appeal and the competence of the official. The Administration of the Governor and the Government of the Orel region makes an appointment with the Governor and members of the Government upon direct contact or by phone. In the Moscow region, the Administration makes an appointment with members of the Government. A personal appointment is held taking into account the number of people who have signed up for a personal appointment. The time spent in the queue should not exceed 30 minutes. A personal reception can be held via video link. During a personal reception, citizens can submit written requests. In the Moscow Region, the Regulations set out requirements for a personal reception room and waiting areas. Rooms for personal reception must be equipped with an air conditioning system, security and security systems. The waiting areas should have comfortable conditions, tables and chairs, and stationery for writing written requests. In the Orel and Moscow regions, when conducting a personal reception, a personal reception card is drawn up. A personal reception is held on a first-come, first-served basis. In accordance with the legislation, some categories of persons have the right to an extraordinary appointment. In the Moscow region, audio recording is conducted during a personal reception. It is prohibited to make other audio and video recordings during a personal reception without the permission of all those present. If the information contained in the appeal does not require additional verification, then the response to the appeal with the consent of the citizen may be given orally. In all other cases, a written response is given. Having studied the procedure for dealing with citizens' appeals in the Orel and Moscow regions, it is necessary to identify the best practices and make recommendations for improving the organization of this activity. A detailed list of normative legal acts that must be used when considering appeals in the Orel region seems justified, since this allows responsible persons to be reminded of the need to comply with legal norms that protect the rights and interests of citizens. Other regions also need to improve this list. The direction of appeals should be convenient for citizens, therefore there should be many ways to transfer appeals. A.V. Bezrukov and A.V. Savoskin note that special correspondence boxes available around the clock can be used to submit appeals by citizens to the internal affairs bodies [1]. This method of filing appeals should be extended to other public authorities. In the Moscow region, there are cases when an appeal must be considered without delay. There is a need to extend this practice to other regions of the Russian Federation. It is also necessary to expand the list of such cases. For example, if the appeal contains information about emergency situations, possible illegal actions, if the appeal contains information about a real threat to the life or health of citizens and other important information. Such requests should also be registered immediately. In the Moscow region, appeals containing information affecting the interests of a large number of residents of the region are reported to the Office of the Governor's Administration, which is engaged in analytical work. This helps to identify the problems and needs of citizens and can be used by public authorities in planning further work. This practice should be extended to other regions. We can agree with A. A. Likhtin and E. I. Zvereva that the analysis of existing problems and the experience of solving them should be reflected in the working instructions [2, p. 211]. In the Moscow region, there is a list of cases when the appeal is put under control. Putting appeals under control makes it possible to ensure that appeals are considered within the time limits established by law, take measures to prevent the causes of violations of citizens' rights, assess the quality of work of government officials, promptly respond to identified problems and take the necessary measures to solve them. In each region, it is necessary to create a list of cases when citizens' appeals need to be monitored. The following cases should be included in the list: the presence of information about harm to the health or property of citizens, the environment; the presence of complaints about the action or inaction of government officials; if it is necessary to take measures affecting the rights and legitimate interests of a significant number of citizens. Due to the fact that the number of citizens' appeals is constantly increasing, it is necessary to increase the number of employees responsible for dealing with citizens' appeals. T. N. Savina and E. T. Dazdamirov note that the lack of qualified specialists negatively affects the consideration of citizens' appeals and contributes to the development of bureaucracy [3]. We can agree with P. V. Tolpegin that the structural unit of public authorities dealing with citizens' appeals should be the largest structural unit [4, p. 110]. Due to the lack of knowledge of government officials, incomplete answers are sometimes given that do not allow solving the problems of citizens. We can agree with A. A. Reshetova that it is necessary to provide training and retraining of personnel to obtain new information about working with citizens' appeals [5, p. 302]. Modern information technologies should be used to work with citizens' appeals. N. V. Naumova and A. O. Abramkov note that artificial intelligence can help sort appeals by importance and compile standard responses to common appeals [6, p. 174]. An important problem is that some citizens do not know which government agency they should contact. We can agree with N. V. Malyavkina and O. E. Alexikova that holding open days by receptions of public authorities explaining to citizens which authorities should be contacted on issues of interest to them contributes to solving this problem [7]. Citizens' appeals during a personal reception are one of the important ways to solve their problems. One can agree with the opinion of A. E. Lapin and N. I. Borisov that the personal reception of citizens helps to increase confidence in the authorities [8, p. 113]. As K. A. Novokshov notes, rooms for personal reception should be accessible to all categories of citizens [9, p. 39]. N. E. Vasyutkin rightly believes that citizens should be given the opportunity to participate in a personal reception via videoconference [10, p. 84]. Personal reception of citizens is held on a first-come, first-served basis. The regulatory legal acts of the regions of the Russian Federation establish a list of persons entitled to an extraordinary appointment. This list usually includes people with disabilities, the elderly, veterans, people with young children, and others. Some regions of the Russian Federation are in difficult climatic conditions, have a long length and undeveloped road infrastructure. Citizens living in such regions should also have the right to an extraordinary reception, since their visits to authorities can be fraught with serious difficulties and time-consuming. Conclusion When examining the procedure for dealing with citizens' appeals in the Orel and Moscow regions, it was found that similar procedures operate in both regions. However, there are some differences. For example, in the Moscow region there is a list of cases when an appeal must be considered immediately, and appeals can also be transmitted by representatives of a citizen. In the Orel region, appeals that contain information about a crime being prepared, committed or committed are registered immediately. In the Moscow region, there are expanded opportunities for sending appeals. There are also other differences. It can be concluded that in order to improve the quality of work with citizens' appeals, it is necessary to continue to improve the normative legal acts regulating this activity and increase the level of competence of responsible persons. References
1. Bezrukov, A.V., & Savoskin, A.V. (2019). Peculiarities of the implementation of the constitutional right of citizens to appeal in the internal affairs bodies of the Russian Federation. Legal science and law enforcement practice, 2, 25-35.
2. Likhtin, A.A., & Zvereva, E.I. (2016). Interacting of the Organization Work with Citizen Appeals in Government Bodies of St. Petersburg. Managerial consulting, 4(88), 208-216. 3. Savina, T.N., & Dashdamirov, E.T. (2009). Problems of bureaucracy in modern Russia. System management, 2, 2. 4. Tolpegin, P.V. (2013). Organizational and legal status of departments of federal and regional government bodies dealing with appeals from citizens and organizations: using data mining methods. Moscow: URSS. 5. Reshetova, A.A. (2020). Problems of organizing work with citizens' appeals in public authorities and local self-government. In Documentary heritage and historical science: Materials of the Ural Historical and Archival Forum dedicated to the 50th anniversary of the historical and archival specialty at Ural University (pp. 298-304). Yekaterinburg: Ural University Publishing House. 6. Naumova, N.V., & Abramkov, A.O. (2020). To the question of the use of artificial intelligence in the field of work with citizens' appeals. Humanities, socio-economic and social sciences, 9, 173-176. doi:10.23672/v9767-2672-7506-s 7. Malyavkina, N.V., & Alexikova, O.E. (2019). Features of realization of constitutional right of citizens of the Russian Federation to the appeal to public authorities. Bulletin of the Volga Region Institute of Administration, 2, 20-29. doi:10.22394/1682-2358-2019-2-20-29 8. Lapin, A. E., & Borisov, N. I. (2013). Citizen referrals as legal implements for increasing effectiveness of cooperation between authorities and communities. Bulletin of the Udmurt University. The series "Economics and Law", 1, 107-114. 9. Novokshonov, K. A. (2023). Organization and conduct of personal reception of citizens in public authorities. Bulletin of Chelyabinsk State University. Series: Law, 1, 36-41. doi:10.47475/2618-8236-2023-18106 10. Vasyutkin, N. E. (2021). Additional guarantees of the realization of the right of citizens to appeal when organizing a personal reception of citizens in the subjects of the Russian Federation. Scientific notes of the Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, 18, 78-84.
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