Law of the Russian Federation “On the procedure for considering appeals from citizens of the Russian Federation. Law of the Russian Federation “On the procedure for considering appeals from citizens of the Russian Federation 59 Federal Law on appeal

Any state creates a communication link between government and society. The people communicate their interests and needs to the state, and, in turn, influence the functioning of government bodies at all levels of government.

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The state also creates a mechanism for protecting the fundamental freedoms of citizens through the guaranteed constitutional right to directly appeal to departmental structures.

Concept and summary

Every citizen is endowed by the Constitution with the legal right to appeal to authorities. Law 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” established the basic guarantees and ways to implement this right. By means of society's appeal to the authorities, management processes in the state are directly optimized.

According to the standards of Federal Law-59

Every citizen has the right to contact government agencies and express their will.

Appeals are in the nature of requests, reports of violations, recommendations for improvement, and are expressed in the form of criticism and gratitude.

Citizen's appeal expressed in the form:

proposals (recommended improvements, improvement of government bodies, legislation, social sphere);
statements (for example, about shortcomings in the work of government agencies, their criticism, or a request from the applicant to ensure the implementation of rights);
complaints (a specific request for protection or restoration of the violated rights of the citizen himself or third parties);

The right to submit appeals government agencies are vested with:

citizens of the Russian Federation;
associations of citizens (such as legal entities - commercial and non-profit);
citizens of other states, stateless persons;

Important! Consideration of citizens' appeals is guaranteed free of charge.

Where citizens of the Russian Federation can send

Citizens and their associations (commercial and non-commercial legal entities) have the right to send appeals to:

directly to authorities, municipalities, and their leaders;
to state and municipal organizations, institutions, and directly to their officials;
in organizations performing publicly significant functions for citizens (this includes state transport organizations, post offices, health care, cultural, and scientific organizations);

Important! The Law empowers the constituent entities of the Russian Federation with their legislative acts to expand the scope of this law.

Federal Law-59 “On the procedure for considering appeals from citizens of the Russian Federation” contains the following provisions:

who is directly entitled to apply;
to which government agencies and to which officials appeals are addressed, depending on the type;
on the guaranteed right to an objective consideration of the appeal, as well as guarantees for the citizen’s safety;
about types of appeals;
on the requirements for the content of written and oral appeals, and for appeals accepted at a personal reception;
about the procedure that must be followed during consideration, the terms of consideration;
on control over the consideration of appeals, responsibility of government agencies;
about losses and expenses incurred during consideration of appeals, the collection procedure;

Video: Reduced deadline

What is regulated and when is it applied?

The scope of regulation of Federal Law-59 is universal, affecting all areas of activity of government agencies and municipalities, and the interaction of citizens with them.

Persons who directly have citizenship of the Russian Federation are citizens united by inseparable mutual rights and obligations with the state.

Government body acts as part state apparatus and is vested with power by the state .

Municipality- a body elected by the population directly or created through representatives to resolve issues of local importance.

This law is universal. Addressed appeals from citizens to government agencies and officials are subject to mandatory consideration in accordance with the rules of this regulation.

When not applicable

Not included in the scope of regulation of this Law are appeals that have their own specifics, for which constitutional and other federal laws define special order and review procedures:

applications to court, arbitration, the Constitutional Court (the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Federal Law on the Constitutional Court of the Russian Federation are applied);
applications to initiate a criminal case (considered according to the norms of the Code of Criminal Procedure of the Russian Federation);

Basic provisions and characteristics

The basis of Federal Law 59 is the inalienable rights of citizens and their associations to appeal to the state, as well as the responsibilities of government agencies to consider and respond to appeals.

Forms

Two forms of appeals are established:

personal appeal (left directly at a reception at a government agency, at a reception with an official);
written (sent to the addressee by mail, delivered by courier, etc.);

Electronic appeals also include written submissions. The state develops and continues to implement an effective e-government system.

It is implemented on the largest scale through the State Services resource. There are electronic resources of various departments where a citizen can leave his appeal ( Federal Service Bailiffs, etc.)

Citizens can exercise their constitutional right to appeal:

individually (from one specific person);
collectively (from a group of people);

Some laws of the constituent entities of the Russian Federation contain the concept of “petition” - a special type of collective appeal of citizens with a legislative initiative. It can be adopted at a rally, meeting and signed by all its participants.

The law establishes requirements for the content of a written appeal. It must contain:

the government agency to which the message is addressed, or the official, the address of the government agency;
applicant's details, address, contact numbers;
the essence of the problem, arguments, requests and proposals;
date of application;
copies of any documents and materials to support the arguments;

Electronic appeals are addressed to electronic reception offices of government agencies. It should include:

full last name, first name, patronymic of the applicant;
email and postal address of the applicant;

Oral appeals are accepted through a personal reception of a citizen by the head or authorized persons of a government agency or government agency. The addressee of the appeal is a government agency (not its official).

Registration

By virtue of the law, all requests (written, oral, electronic) must be registered.

Every government agency and the institution issues document flow regulations that make it possible to control the timing of consideration of applications and their movement.

Rights of the citizen applicant

By submitting an appeal to any government agency or official, the applicant has the right:

additionally attach documents related to the topic of the issue;
familiarize yourself with materials (except for those that constitute state secrets);
be notified in writing of the results of consideration of his appeal;
send complaints to higher authorities or to the court about the actions (inactions) of the official (government body) who considered the appeal;
withdraw your appeal;
exercise your rights through a representative;

Stages of review

The law establishes that the consideration of an appeal is preceded by the stages of its submission and registration.

Referral means that the addressee of the appeal is an authorized government agency or official.

This does not imply that the answer to the applicant will be given by the very government agency to which his appeal is addressed. If it is sent in violation of its competence, the receiving body will send it to its jurisdiction within 7 days.

The applicant must be notified in writing of the reassignment to jurisdiction.

Registration of the application is required within 3 days from the date of receipt.

A complaint cannot be filed with a government agency or person whose actions are being complained about. In this case, the law requires that the complaint be returned to the applicant, explaining his rights to appeal to a higher authority or court.

During the consideration of the appeal, the reviewing authority:

is authorized to involve the applicant in consideration;
requests everything necessary documents from other government agencies (except courts and investigative bodies), can carry out on-site visits;
if a violation of rights is established, it takes measures to restore them (submitting an order, etc.);
notifies the applicant in writing about the results of consideration of the application;

Federal Law on the procedure for considering appeals from citizens of the Russian Federation 59 Federal Law

Often, government agencies receive offensive, obscene, abusive, and anonymous appeals.

Anonymous and repeat

Anonymous messages do not contain the name of the person who contacted or the address for sending a response. The government body is exempt from the obligation to respond to an anonymous appeal. If it contains information about a crime, it is subject to verification.

If the text or handwriting in the appeal does not allow the content to be determined, the addressee is notified of this within 7 days from the date of registration.

After repeated requests, the government agency finds out:

whether it was sent to the competent authority more than once;
whether the issues raised are identical;
whether all questions were answered;

If there are signs of repeated contact, correspondence may be terminated legally. The applicant of repeated applications is notified of this.

Deadlines

The law establishes a 30-day period for processing an appeal from the date of its registration. It is extended by the head of the body considering the appeal.

An extension of the period is necessary when receiving additional documents, a large volume of verification, etc. The applicant must be sent an interim response indicating the reasons for the extension.

Control over consideration of appeals and responsibility

Control over the timing, quality of consideration, and measures taken is carried out both within the body and by higher authorities and officials, as well as the prosecutor’s office.

Violations of Federal Law-59 entail administrative, criminal and civil liability for the perpetrators.

1. This Federal Law regulates legal relations related to the implementation by a citizen Russian Federation(hereinafter also - citizen) the right assigned to him by the Constitution of the Russian Federation to appeal to state bodies and authorities local government, and also establishes the procedure for considering citizens' appeals by state bodies, local governments and officials.

2. The procedure for considering citizens' appeals established by this Federal Law applies 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 applies to legal relations related to the consideration of appeals foreign citizens and stateless persons, except for cases established by an international treaty of the Russian Federation or federal law.

4. The procedure established by this Federal Law for the consideration of citizens’ appeals by state bodies, local government bodies and officials applies to legal relations related to the consideration by these bodies, officials of appeals from citizens’ associations, including legal entities, as well as on legal relations related to the consideration of appeals from citizens, associations of citizens, including legal entities, performing publicly significant functions by state and municipal institutions, other organizations and their officials.

(Part 4 introduced by Federal Law dated 05/07/2013 No. 80-FZ)

Article 2. The right of citizens to appeal

1. Citizens have the right to appeal personally, as well as send individual and collective appeals, including appeals from associations of citizens, including legal entities, to state bodies, local government bodies and their officials, to state and municipal institutions and other organizations entrusted with the implementation of publicly significant functions, and their officials.

(Part 1 as amended by Federal Law No. 80-FZ dated 05/07/2013)

2. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal must not violate the rights and freedoms of others.

3. Consideration of citizens' appeals is free of charge.

Article 3. Legal regulation legal relations related to the consideration of citizens' appeals

1. Legal relations related to the consideration of citizens’ appeals are regulated by the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, this Federal Law and other federal laws.

2. Laws and other regulations legal acts subjects of the Russian Federation may establish provisions aimed at protecting the right of citizens to appeal, including establishing guarantees of the right of citizens to appeal, supplementing the guarantees established by this Federal Law.

Article 4. Basic terms used in this Federal Law

For the purposes of this Federal Law, the following basic terms are used:

1) a citizen’s appeal (hereinafter referred to as the appeal) - sent to a state body, local government body or official in writing or in the form electronic document proposal, statement or complaint, as well as an oral appeal from a citizen to a state body, local government body;

2) proposal - a citizen’s recommendation for improving laws and other regulatory legal acts, the activities of state bodies and local governments, developing public relations, improving socio-economic and other areas of activity of the state and society;

3) statement - a citizen’s request for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or a message about violations of laws and other regulatory legal acts, shortcomings in the work of state bodies, local governments and officials, or criticism of the activities the specified bodies and officials;

4) complaint - a citizen’s request for restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons;

5) official - a person who permanently, temporarily or by special authority exercises the functions of a government representative or performs organizational, administrative, administrative and economic functions in a state body or local government body.

Article 5. Rights of a citizen when considering an appeal

When considering an appeal by a state body, local government body or official, a citizen has the right:

1) represent additional documents and materials or make a request for their recovery, including in electronic form;

(as amended by Federal Law No. 227-FZ dated July 27, 2010)

2) get acquainted with documents and materials related to the consideration of the application, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law;

3) receive a written answer on the merits of the questions raised in the appeal, except for the cases specified in Article 11 of this Federal Law, and in the case provided for in Part 5.1 of Article 11 of this Federal Law, on the basis of an application requesting its provision, a written forwarding notice appeals to a state body, local government body or official whose competence includes resolving the issues raised in the appeal;
(as amended by Federal Law No. 355-FZ dated November 27, 2017)

4) file a complaint against a decision made on an appeal or an action (inaction) in connection with the consideration of an appeal in administrative and (or) judicial procedure in accordance with the legislation of the Russian Federation;

5) apply for termination of consideration of the appeal.

Article 6. Guarantees of security of a citizen in connection with his appeal

1. It is prohibited to persecute a citizen in connection with his appeal to a state body, local government body or official with criticism of the activities of these bodies or officials or in order to restore or protect his rights, freedoms and legitimate interests or the rights, freedoms and legitimate interests of others persons

2. When considering an appeal, disclosure of information contained in the appeal, as well as information relating to the private life of a citizen, is not permitted without his consent. Sending a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information contained in the appeal.

Article 7. Requirements for a written application

1. A citizen in his written appeal must indicate either the name of the state body or local government body to which he is sending a written appeal, or the surname, first name, patronymic of the relevant official, or the position of the relevant person, as well as his surname, first name, patronymic ( the latter - if available), the postal address to which the response should be sent, a notice of forwarding of the appeal, sets out the essence of the proposal, statement or complaint, puts a personal signature and date.

2. If necessary, in support of his arguments, the citizen attaches documents and materials or copies thereof to the written appeal.

3. An appeal received by a state body, local government body or official in the form of an electronic document is subject to consideration in the manner established by this Federal Law. In the appeal, the citizen must indicate his last name, first name, patronymic (the latter - if available), email address to which the response and notification of forwarding of the appeal should be sent. A citizen has the right to attach to such an application the necessary documents and materials in electronic form.
(Part 3 as amended by Federal Law No. 355-FZ dated November 27, 2017)

Article 8. Sending and registration of a written appeal

1. A citizen sends a written appeal directly to that state body, local government body or that official whose competence includes resolving the issues raised in the appeal.

2. Written appeal is subject to mandatory registration within three days from the date of receipt by a state body, local government body or official.

3. A written appeal containing issues the solution of which is not within the competence of the state body, local government body or official, is sent within seven days from the date of registration to the relevant body or the relevant official whose competence includes resolving the issues raised in the appeal , with notification of the citizen who sent the appeal about the forwarding of the appeal, except for the case specified in Part 4 of Article 11 of this Federal Law.

3.1. A written appeal containing information about possible violations of the legislation of the Russian Federation in the field of migration is sent within five days from the date of registration to the territorial body federal body executive power in the sphere of internal affairs and the highest official of a constituent entity of the Russian Federation (the head of the highest executive body state power subject of the Russian Federation) with notification of the citizen who sent the appeal about the redirection of his appeal, except for the case specified in Part 4 of Article 11 of this Federal Law.
(Part 3.1 introduced by Federal Law No. 357-FZ dated November 24, 2014; as amended by Federal Law No. 528-FZ dated December 27, 2018)

4. If the solution to the issues raised in a written appeal falls within the competence of several state bodies, local self-government bodies or officials, a copy of the appeal is sent to the relevant state bodies, local self-government bodies or relevant officials within seven days from the date of registration.

5. A state body, local government body or official, when sending a written appeal for consideration to another state body, local government body or other official, may, if necessary, request from these bodies or the official documents and materials on the results of consideration of the written appeal.

6. It is prohibited to send a complaint for consideration to a state body, local government body or official whose decision or action (inaction) is being appealed.

7. If, in accordance with the prohibition provided for in Part 6 of this article, it is impossible to send a complaint for consideration to a state body, local government body or official whose competence includes resolving the issues raised in the appeal, the complaint is returned to the citizen with an explanation of his rights appeal the relevant decision or action (inaction) in accordance with the established procedure to the court.

Article 9. Mandatory acceptance of an appeal for consideration

1. An appeal received by a state body, local government body or official in accordance with their competence is subject to mandatory consideration.

2. If necessary, the state body, local government body or official considering the appeal may ensure its consideration on-site.

Article 10. Consideration of the appeal

1. State body, local government body or official:

1) ensures an objective, comprehensive and timely consideration of the appeal, if necessary - with the participation of the citizen who sent the appeal;

2) requests, including in electronic form, documents and materials necessary for consideration of the application from other state bodies, local government bodies and other officials, with the exception of courts, inquiry bodies and preliminary investigation bodies;

(as amended by Federal Law No. 227-FZ dated July 27, 2010)

3) takes measures aimed at restoring or protecting the violated rights, freedoms and legitimate interests of a citizen;

4) gives a written response on the merits of the questions raised in the appeal, except for the cases specified in Article 11 of this Federal Law;

5) notifies the citizen about sending his appeal for consideration to another state body, local government body or other official in accordance with their competence.

2. A state body, local government body or official, at the request of a state body, local government body or official considering an appeal sent in the prescribed manner, is obliged to provide, within 15 days, the documents and materials necessary for consideration of the appeal, with the exception of documents and materials , which contain information constituting a state or other secret protected by federal law, and for which a special procedure for provision has been established.

3. The response to the appeal is signed by the head of the state body or local government body, an official or an authorized person.

4. The response to the appeal is sent in the form of an electronic document to the email address specified in the appeal received by a state body, local government body or official in the form of an electronic document, and in writing to the postal address specified in the appeal received by the state body, local government body or official in writing. In addition, to an appeal received by a state body, local government body or official containing a proposal, statement or complaint that affects the interests of an indefinite number of persons, in particular to an appeal in which a court decision made in relation to an indefinite number of persons is appealed, a response , including an explanation of the appeal procedure court decision, may be posted in compliance with the requirements of Part 2 of Article 6 of this Federal Law on the official website of the data of a state body or local government on the Internet information and telecommunications network.
(Part 4 as amended by Federal Law No. 355-FZ dated November 27, 2017)

Article 11. Procedure for considering individual appeals

1. If the written appeal does not indicate the name of the citizen who sent the appeal or the postal address to which the response should be sent, no response to the appeal is given. If the said appeal contains information about an illegal act being prepared, committed or committed, as well as about the person preparing, committing or committing it, the appeal must be sent to a state body in accordance with its competence.

2. An appeal in which a court decision is appealed, within seven days from the date of registration, is returned to the citizen who sent the appeal, with an explanation of the procedure for appealing this court decision.

3. A state body, local government body or official, upon receipt of a written appeal that contains obscene or offensive language, threats to the life, health and property of the official, as well as members of his family, has the right to leave the appeal unanswered on the merits of the questions raised in it and inform the citizen who sent the appeal about the inadmissibility of abuse of rights.

4. If the text of a written appeal cannot be read, a response to the appeal is not given and it is not subject to forwarding for consideration to a state body, local government body or official in accordance with their competence, about which within seven days from the date of registration the appeal is communicated to the citizen who sent the appeal if his name and postal address can be read.

(as amended by Federal Law dated June 29, 2010 No. 126-FZ)

4.1. If the text of a written appeal does not allow determining the essence of the proposal, statement or complaint, a response to the appeal is not given and it is not subject to forwarding for consideration to a state body, local government body or official in accordance with their competence, about which within seven days from the date of registration of the appeal is communicated to the citizen who sent the appeal.
(Part 4.1 introduced by Federal Law No. 355-FZ dated November 27, 2017)

5. If a citizen’s written appeal contains a question to which he has been repeatedly given written answers on the merits in connection with previously sent appeals, and the appeal does not present new arguments or circumstances, the head of a state body or local government body, an official a person or an authorized person has the right to decide that the next appeal is groundless and to terminate correspondence with a citizen on this issue, provided that the said appeal and previously sent appeals were sent to the same state body, local government body or the same official . The citizen who sent the appeal is notified of this decision.
(as amended by Federal Law dated July 2, 2013 No. 182-FZ)

5.1. If a state body, local government body or official receives a written request containing a question, the answer to which is posted in accordance with Part 4 of Article 10 of this Federal Law on the official website of the state body or local government body on the Internet information and telecommunications network ", the citizen who sent the appeal, within seven days from the date of registration of the appeal, is informed of the electronic address of the official website on the Internet information and telecommunications network, which contains the answer to the question posed in the appeal, while the appeal containing an appeal of the court decision is not returns.
(Part 5.1 introduced by Federal Law No. 355-FZ dated November 27, 2017)

6. If an answer on the merits of the question posed in the appeal cannot be given without disclosing information constituting a state or other secret protected by federal law, the citizen who sent the appeal is informed of the impossibility of giving an answer on the substance of the question posed in connection with the inadmissibility disclosure of the specified information.

7. If the reasons why an answer on the merits of the questions raised in the appeal could not be given were subsequently eliminated, the citizen has the right to again send the appeal to the relevant state body, local government body or the relevant official.

Article 12. Time limits for consideration of a written appeal

1. A written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal, except for the case specified in part 1.1 of this article.

(as amended by Federal Law No. 357-FZ dated November 24, 2014)

1.1. A written appeal received by the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) and containing information about facts of possible violations of the legislation of the Russian Federation in the field of migration is considered within 20 days from the date of registration of the written appeal.

(Part 1.1 introduced by Federal Law No. 357-FZ dated November 24, 2014)

2. In exceptional cases, as well as in the case of sending a request provided for in Part 2 of Article 10 of this Federal Law, the head of a state body or local government body, an official or an authorized person has the right to extend the period for consideration of the application by no more than 30 days by notifying on extending the period for its consideration by the citizen who sent the appeal.

Article 13. Personal reception of citizens

1. Personal reception of citizens in state bodies and local self-government bodies is carried out by their leaders and authorized persons. Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of citizens.

2. When receiving a person in person, the citizen presents a document proving his identity.

3. The content of the oral appeal is entered into the citizen’s personal reception card. If the facts and circumstances stated in the oral appeal are obvious and do not require additional check, a response to an appeal with the consent of the citizen can be given orally during a personal reception, which is recorded in the citizen’s personal reception card. In other cases, a written response is given on the merits of the questions raised in the appeal.

4. A written appeal accepted during a personal reception is subject to registration and consideration in the manner established by this Federal Law.

5. If the appeal contains issues the solution of which is not within the competence of the state body, local government body or official, the citizen is given an explanation of where and in what order he should apply.

6. During a personal reception, a citizen may be denied further consideration of an appeal if he was previously given an answer on the merits of the questions raised in the appeal.

(Part 7 introduced by Federal Law dated November 3, 2015 No. 305-FZ)

Article 14. Monitoring compliance with the procedure for considering applications

State bodies, local government bodies and officials exercise, within the limits of their competence, control over compliance with the procedure for considering applications, analyze the content of incoming applications, take measures to timely identify and eliminate the causes of violations of the rights, freedoms and legitimate interests of citizens.

Article 15. Liability for violation of this Federal Law

Persons guilty of violating this Federal Law bear responsibility under the legislation of the Russian Federation.

Article 16. Compensation for losses caused and recovery of expenses incurred when considering appeals

1. A citizen has the right to compensation for losses and compensation for moral damage caused illegal act(inaction) of a state body, local government body or official when considering an appeal, according to a court decision.

2. If a citizen has provided knowingly false information in the application, expenses incurred in connection with the consideration of the application by a state body, local government body or official may be recovered from of this citizen by court decision.

Article 17. Recognition of certain normative legal acts of the USSR as invalid on the territory of the Russian Federation

The following shall be declared invalid on the territory of the Russian Federation:

1) Decree of the Presidium of the Supreme Soviet of the USSR of April 12, 1968 No. 2534-VII “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1968, No. 17, Art. 144);

2) Law of the USSR of June 26, 1968 No. 2830-VII “On approval of the Decree of the Presidium of the Supreme Soviet of the USSR “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1968, No. 27, Art. 237);

3) Decree of the Presidium of the Supreme Soviet of the USSR of March 4, 1980 No. 1662-X “On introducing amendments and additions to the Decree of the Presidium of the Supreme Soviet of the USSR “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1980, No. 11, Art. 192);

4) Law of the USSR of June 25, 1980 No. 2365-X “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR on introducing changes and additions to some legislative acts USSR" (Vedomosti of the Supreme Soviet of the USSR, 1980, No. 27, Art. 540) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the USSR "On introducing amendments and additions to the Decree of the Presidium of the Supreme Soviet of the USSR "On the procedure for considering proposals, applications and complaints of citizens" ;

5) Decree of the Presidium of the Supreme Soviet of the USSR of February 2, 1988 No. 8422-XI “On introducing additions to the Decree of the Presidium of the Supreme Soviet of the USSR “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1988, No. 6, Art. 94);

6) Law of the USSR of May 26, 1988 No. 9004-XI “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR on introducing amendments and additions to legislative acts of the USSR” (Vedomosti of the Supreme Soviet of the USSR, 1988, No. 22, Art. 361) in the part relating to approval of the Decree of the Presidium of the Supreme Soviet of the USSR "On introducing additions to the Decree of the Presidium of the Supreme Soviet of the USSR" On the procedure for considering proposals, applications and complaints of citizens.

Article 18. Entry into force of this Federal Law

Real Federal law comes into force 180 days after the day of its official publication.

President
Russian Federation
V. PUTIN

RUSSIAN FEDERATION

FEDERAL LAW

ABOUT THE PROCEDURE FOR CONSIDERING APPLICATIONS OF CITIZENS OF THE RUSSIAN FEDERATION

Article 1. Scope of application of this Federal Law

1. This Federal Law regulates 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 appeal to state bodies and local government bodies, and also establishes the procedure for considering citizens' appeals by state bodies and local government bodies and officials.

3. The procedure for considering appeals from citizens established by this Federal Law applies to legal relations related to the consideration of appeals from foreign citizens and stateless persons, except for cases established by an international treaty of the Russian Federation or federal law.

4. The procedure established by this Federal Law for the consideration of citizens’ appeals by state bodies, local self-government bodies and officials applies to legal relations associated with the consideration by these bodies, officials of appeals from citizens’ associations, including legal entities, as well as to legal relations associated with the consideration of appeals citizens, associations of citizens, including legal entities, performing publicly significant functions by state and municipal institutions, other organizations and their officials.

Article 2. The right of citizens to appeal

1. Citizens have the right to appeal personally, as well as send individual and collective appeals, including appeals from associations of citizens, including legal entities, to state bodies, local government bodies and their officials, to state and municipal institutions and other organizations to which entrusted with the implementation of publicly significant functions and their officials.

2. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal must not violate the rights and freedoms of others.

3. Consideration of citizens' appeals is free of charge.

Article 3. Legal regulation of legal relations related to the consideration of citizens' appeals

1. Legal relations related to the consideration of citizens' appeals are regulated by the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, this Federal Law and other federal laws.

2. Laws and other regulatory legal acts of the constituent entities of the Russian Federation may establish provisions aimed at protecting the right of citizens to appeal, including establishing guarantees of the right of citizens to appeal, supplementing the guarantees established by this Federal Law.

Article 4. Basic terms used in this Federal Law

For the purposes of this Federal Law, the following basic terms are used:

1) a citizen’s appeal (hereinafter referred to as the appeal) - a proposal, statement or complaint sent to a state body, local government body or an 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;

4) complaint - a citizen’s request for restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons;

Article 5. Rights of a citizen when considering an appeal

When considering an appeal by a state body, local government body or official, a citizen has the right:

1) submit additional documents and materials or apply for their request, including in electronic form;

4) file a complaint against a decision made on an appeal or against an action (inaction) in connection with the consideration of an appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;

5) apply for termination of consideration of the appeal.

Article 6. Guarantees of security of a citizen in connection with his appeal

Article 7. Requirements for a written application

2. If necessary, in support of his arguments, the citizen attaches documents and materials or copies thereof to the written appeal.

Article 8. Sending and registration of a written appeal

1. A citizen sends a written appeal directly to that state body, local government body or that official whose competence includes resolving the issues raised in the appeal.

2. 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.

3.1. A written appeal containing information about facts of possible violations of the legislation of the Russian Federation in the field of migration is sent within five days from the date of registration to the territorial body of the federal executive body exercising law enforcement functions, control, supervision and provision functions. public services in the field of migration, and to the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) with notification of the citizen who sent the appeal about the redirection of his appeal, except for the case specified in Part 4 of Article 11 of this Federal Law.

6. It is prohibited to send a complaint for consideration to a state body, local government body or official whose decision or action (inaction) is being appealed.

Article 9. Mandatory acceptance of an appeal for consideration

1. An appeal received by a state body, local government body or official in accordance with their competence is subject to mandatory consideration.

2. If necessary, the state body, local government body or official considering the appeal may ensure its consideration on-site.

Article 10. Consideration of the appeal

1. State body, local government body or official:

1) ensures an objective, comprehensive and timely consideration of the appeal, if necessary - with the participation of the citizen who sent the appeal;

3) takes measures aimed at restoring or protecting the violated rights, freedoms and legitimate interests of a citizen;

4) gives a written response on the merits of the questions raised in the appeal, except for the cases specified in Article 11 of this Federal Law;

5) notifies the citizen about sending his appeal for consideration to another state body, local government body or other official in accordance with their competence.

3. The response to the appeal is signed by the head of the state body or local government body, an official or an authorized person.

4. The response to the appeal is sent in the form of an electronic document to the email address specified in the appeal received by a state body, local government body or official in the form of an electronic document, and in writing to the postal address specified in the appeal received by the state body, local government body or official in writing. In addition, to an appeal received by a state body, local government body or official containing a proposal, statement or complaint that affects the interests of an indefinite number of persons, in particular to an appeal in which a court decision made in relation to an indefinite number of persons is appealed, a response , including an explanation of the procedure for appealing a court decision, may be posted in compliance with the requirements of Part 2 of Article 6 of this Federal Law on the official website of the state body or local government on the Internet information and telecommunications network.

Article 11. Procedure for considering individual appeals

Article 12. Time limits for consideration of a written appeal

Article 13. Personal reception of citizens

2. When receiving a person in person, the citizen presents a document proving his identity.

3. The content of the oral appeal is entered into the citizen’s personal reception card. If the facts and circumstances stated in the oral appeal are obvious and do not require additional verification, the response to the appeal, with the consent of the citizen, can be given orally during a personal reception, which is recorded in the citizen’s personal reception card. In other cases, a written response is given on the merits of the questions raised in the appeal.

4. A written appeal accepted during a personal reception is subject to registration and consideration in the manner established by this Federal Law.

6. During a personal reception, a citizen may be denied further consideration of an appeal if he was previously given an answer on the merits of the questions raised in the appeal.

Article 14. Monitoring compliance with the procedure for considering applications

Article 15. Liability for violation of this Federal Law

Persons guilty of violating this Federal Law bear responsibility under the legislation of the Russian Federation.

Article 16. Compensation for losses caused and recovery of expenses incurred when considering appeals

1. A citizen has the right to compensation for losses and compensation for moral damage caused by the illegal action (inaction) of a state body, local government body or official when considering an appeal, according to a court decision.

2. If a citizen has provided knowingly false information in an appeal, expenses incurred in connection with the consideration of the appeal by a state body, local government body or official may be recovered from this citizen by a court decision.

Article 17. Recognition of certain normative legal acts of the USSR as invalid on the territory of the Russian Federation

The following shall be declared invalid on the territory of the Russian Federation:

1) Decree of the Presidium of the Supreme Soviet of the USSR of April 12, 1968 N 2534-VII “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1968, N 17, art. 144);

2) Law of the USSR of June 26, 1968 N 2830-VII “On approval of the Decree of the Presidium of the Supreme Soviet of the USSR “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1968, N 27, Art. 237);

3) Decree of the Presidium of the Supreme Soviet of the USSR of March 4, 1980 N 1662-X “On introducing amendments and additions to the Decree of the Presidium of the Supreme Soviet of the USSR “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1980, N 11, Art. 192);

4) Law of the USSR of June 25, 1980 N 2365-X “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR on introducing amendments and additions to some legislative acts of the USSR” (Vedomosti of the Supreme Soviet of the USSR, 1980, N 27, Art. 540) in part, concerning the approval of the Decree of the Presidium of the Supreme Soviet of the USSR “On introducing amendments and additions to the Decree of the Presidium of the Supreme Soviet of the USSR “On the procedure for considering proposals, applications and complaints of citizens”;

5) Decree of the Presidium of the Supreme Soviet of the USSR of February 2, 1988 N 8422-XI “On introducing amendments to the Decree of the Presidium of the Supreme Soviet of the USSR “On the procedure for considering proposals, applications and complaints of citizens” (Vedomosti of the Supreme Soviet of the USSR, 1988, No. 6, Art. 94);

6) Law of the USSR of May 26, 1988 N 9004-XI “On approval of Decrees of the Presidium of the Supreme Soviet of the USSR on amendments and additions to legislative acts of the USSR” (Vedomosti of the Supreme Soviet of the USSR, 1988, N 22, Art. 361) in the part relating to approval of the Decree of the Presidium of the Supreme Soviet of the USSR "On introducing additions to the Decree of the Presidium of the Supreme Soviet of the USSR" On the procedure for considering proposals, applications and complaints of citizens.

Article 18. Entry into force of this Federal Law

This Federal Law comes into force 180 days after the day of its official publication.

President
Russian Federation
V. PUTIN

Rules for the appeal of citizens of the Russian Federation to local and state government bodies and requirements for preparation and execution must be regulated general position to clarify and streamline the work of relevant organizations. describes and regulates the necessary requirements, and also prescribes the procedure for considering these applications.

General provisions of Federal Law 59

Federal Law No. 59 on the procedure for considering citizens' appeals regulates the rights of citizens of the Russian Federation to apply to government authorities with statements, proposals, complaints and other documents. This law states that in accordance with the Constitution of the Russian Federation, citizens have the right to apply to municipal, local and state bodies and organizations that carry out public management functions. Applications can be submitted in person and remotely, via registered letters.

Also check out latest changes Federal Law No. 116

The law divides appeals into:

individual;
collective;
from citizens' associations;
from legal entities and organizations.

Civil appeals should not violate the rights and freedoms of other citizens and are carried out only voluntarily. Applications are reviewed free of charge.
The Federal Law on Citizens' Appeals provides for the following rights applicants:

provision of necessary materials upon request, for which it is necessary to draw up an appropriate application;
familiarization with documents and materials related to the application under consideration, provided that this does not violate the confidentiality of civil and government information;
receiving written answers to questions that are the subject of the appeal;
appeal decisions taken and decisions, as well as inaction of judicial and administrative bodies;
termination of the case under consideration, when the corresponding application is addressed to the body conducting the current case.

59-FZ also provides for the preservation of confidentiality of all citizens who apply and provides guarantees for the safety of applicants from prosecution of government bodies and officials for criticism of them.

Read also Federal Law No. 416 in latest edition. Details

This Federal Law prescribes an algorithm for considering civil appeals sent to local governments and government organizations, and also establishes deadlines for reviewing submitted documents. All applications must be reviewed within 30 days from the date of registration. Judicial authorities or officials have the right to extend the consideration period if there are significant reasons for a period of no more than a month, of which all participants in the case must be notified.

Article 7 of the Federal Law sets out the requirements for the execution of applications and the information that must be presented in the application. According to the provisions of this article the applicant is obliged to indicate in the application the name and address of the body or official to whom the document is sent and his contact information: full name and address. This is necessary both to identify the applicant and to send him the necessary notices and documents that he can request if necessary.

Article 10 59-FZ sets out the requirements for officials and management bodies for processing received requests. They are obliged:

objectively consider the current situation based on the materials received, and, if necessary, request additional facts and documents from the applicant.
take measures to restore the freedoms, rights and interests of citizens if they have been violated or infringed.
answer questions addressed to them in writing and provide applicants with the necessary information.
notify the applicant when sending his application to other competent authorities.

Article 11 of the current law establishes measures for processing requests that violate the requirements for their registration.

Latest edition

The last revision of 59-FZ was carried out on November 3, 2015 under the number 305-FZ. The change affected Article 13, adding a seventh provision. It says that special categories citizens in some cases have the right to personal reception on a first-come, first-served basis. Cases that constitute exceptions are regulated by the legislation of the Russian Federation.

Download Federal Law 59 with the latest changes

Federal Law No. 59 on the procedure for considering appeals from citizens of the Russian Federation was adopted State Duma RF in the third reading on April 21, 2006 and approved by the Federation Council on April 26, 2006. The President signed this law on May 2, 2006, when it came into force.

Federal Law No. 59 of 05/02/2006 “On the procedure for considering appeals from citizens of the Russian Federation” allows residents to apply independently and send complaints: individual and collective. Besides individuals, this order can be used:

Local government bodies;
Government bodies;
Legal entities.

Federal Law 59-FZ “On the procedure for considering complaints” lists the rights of a citizen of the Russian Federation. These points are also in the Constitution of the Russian Federation.

Appeals from citizens of the Russian Federation are considered on the basis of this Federal Law. If some complaints are filed taking into account the procedure specified in other Federal laws, then the referral process in accordance with Federal Law 59 is not considered. The procedure for considering applications is also available to foreigners. The exception is applications, the filing procedure of which is provided for in the International Treaty.

A citizen has the right:

Submit additional materials and documents or submit a request for their use in accordance with Federal Law-59. Electronic form is acceptable;
Get acquainted with materials and documents that are relevant to the complaint. But only if the rights, freedom and legitimate interests of third parties are not violated. Also, if the documents do not contain information that contains state or federal secrets;
If the appeal contains questions, receive detailed, substantive answers. An exception may be the cases listed in Article 11 of the current Federal Law;
File a complaint if a government agency failed to act. It is considered administratively or judicially;
Apply with a self-drafted application to terminate the consideration of the complaint.

Latest amendments made to 59-FZ “On Citizens’ Appeals”

The procedure for considering applications under Federal Law 59 has been simplified. Now many complaints are sent to government agencies without indicating their full name. Claims are considered in accordance with the norms of Federal Law and in accordance with the established procedure. Before the change in the Federal Law, a standard sample was issued when filing a complaint. Now he's gone. The application is drawn up independently. Generally accepted criteria are taken into account.

The following articles have also undergone changes/additions:

Article 1

Amendments were made to Part 4 of Article 1 of Federal Law No. 59. Now it contains the procedure for applying to government agencies for legal entities and individuals. The letter is submitted not only to local government and state authorities, but also to municipal and state institutions.

In 2010, clause 3 was added to Article 7 of the Federal Law-59. Now, if a document was received by a state body, local government body or official in the form of an electronic document, it will be considered in accordance with the established procedure. If a citizen submits an appeal, his full name and email address are indicated as personal information to receive a response. If it is not there, the actual residential address is written. If selected regular mail, his address is indicated. No changes were made to the latest edition of Federal Law-59.

Article 8

Article 8 59-FZ was supplemented with part 3.1. It talks about the method of registering citizens who have migrated from another country. The person must be registered with a territorial or federal level authority. The completed document is reviewed within 5 days. No changes were made in the latest edition.

Art. 11

The following changes were made to Article 11 of Federal Law-59:

In the first part, the expression “and postal” is replaced by the words “or postal”;
In the fifth part, the expression “repeatedly” is replaced by the word “repeatedly”.

Article 12

Article 12 59-FZ has undergone changes in the Federal Law, Part 1.1. The appeal in writing is submitted to the highest official (manager of the highest executive body of state power of the Russian Federation). Initially it is registered. The period for consideration of the complaint is 20 days.

Download FZ-59

Federal Law No. 59 contains the procedure for submitting applications from citizens to local governments and the state. Despite this, many commercial companies adhere to some articles of this law in their activities. The articles are enshrined in the internal documents of the organization. This ensures that the company takes each customer's request seriously. To determine the procedure for appeals from citizens of the Russian Federation, download Federal Law No. 59 as follows. All changes, amendments and additions are contained here.