Citizens' appeals: guarantees of ensuring their rights and freedoms in the administrative process
https://doi.org/10.21869/2223-1501-2025-15-2-100-119
Abstract
Relevance. In modern conditions, the most important, priority areas of state activity should include ensuring and protecting the rights and freedoms of man and citizen, developing and implementing the relevant legal forms and mechanisms for this purpose. There is no doubt that the right to appeal to state bodies, their officials, and, where appropriate, to interstate organizations, is one of the most important, fundamental rights of man and citizen.
The purpose of the study is to consider such citizen appeals as: proposals set out in written or oral form; applications (petitions); complaints.
Objectives: to study the stage of initiating proceedings on a citizen's appeal; to analyze the stage of considering a citizen's appeal, making a decision on it; to study the stage of appeal, protesting the decision on a citizen's appeal; to consider the stage of implementing the decision made on a citizen's appeal.
Methodology. The scientific research was implemented using complex methods of general scientific dialectical cognition of legal regulation; systems approach; logical-semantic method; historical-legal method; formal-logical and sociological methods of scientific research; comparative-legal method; system-structural method; sociological method.
Research results. The solution to the problem of organizing work with citizens' appeals helps to productively identify the opinions and moods of society, positive and negative trends in the implementation of their competence in the administrative process by public authorities, to provide information resources and effective functioning of government bodies, enterprises, institutions and organizations.
Conclusion. It is proposed to amend the federal law «On the procedure for considering appeals of citizens of the Russian Federation»: 1) to consolidate the term «notification» along with the concept of «proposal»; 2) to add to the concept of «application» to a citizen's request for assistance in the implementation of his constitutional rights, freedoms and compliance with his duties; 3) to fix the «Tasks of proceedings on citizens' appeals» in a separate article.
About the Author
A. A. BezhentsevRussian Federation
Alexander A. Bezhentsev, Candidate of Sciences (Juridical), Associate Professor, Associate Professor of the Department of criminal law Faculty of Law
AuthorID: 271235
57/43 Sredny pr. Vasilievsky Island, St. Petersburg, 199178
References
1. Olimpiev A.Yu., Mayorova E.I. Some aspects of improving legal regulation and implementation of the constitutional right of citizens to appeal. Vestnik Moskovskogo universiteta MVD Rossii = Vestnik of the Moscow University of the Ministry of Internal Affairs of Russia. 2020;(1):32-34. (In Russ.)
2. Karasev A.T., Savoskin A.V. Additional guarantees for the implementation of the constitutional right of citizens to appeal in the constituent entities of the Russian Federation. Vestnik Ural'skogo yuridicheskogo instituta MVD Rossii = Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. 2020;(3):69-74. (In Russ.)
3. Stepkin S.P. Analysis of the problem of establishing additional guarantees for the implementation of the right of citizens to appeal in the regions. Vestnik Moskovskogo universiteta. Seriya 11: Pravo = Moscow University Bulletin. Series 11: Law. 2023;(4):156-178. (In Russ.)
4. Kiryanova O.V. Realization by citizens of the right to appeal to state bodies and local governments. Agrarnoye i zemel'noye pravo = Agrarian and Land Law. 2020;(6):160-161. (In Russ.)
5. Marchenko A.M. Problems of citizens exercising the right to appeal to public authorities orally. Altayskiy vestnik gosudarstvennoy i munitsipal'noy sluzhby = Altai Bulletin of State and Municipal Service. 2020;(18):22-24. (In Russ.)
6. Kalashnikov S.V. On the role of by-laws in the administrative-legal mechanism for realizing the right of citizens to appeal to public authorities. Probely v rossiyskom zakonodatel'stve = Gaps in Russian Legislation. 2022;15(2):45-52. (In Russ.)
7. Kashkin S.Yu. (ed.) Commentary on the Charter of fundamental rights of the European Union. Moscow: Jurisprudence; 2001. 208 p. (In Russ.)
8. Rossinsky S.B. On the subject and limits of appeal in court against actions (inaction) and decisions of preliminary investigation bodies and the prosecutor's office. Pravovoye gosudarstvo: teoriya i praktika = The Rule of Law. State: Theory and Practice. 2023;(1):29-35. (In Russ.)
9. Staroverova O.V. Some issues of the administrative regulations for considering complaints (appeals) of taxpayers against decisions of tax authorities. Vestnik ekonomicheskoy bezopasnosti = Bulletin of Economic Security. 2022;(6):306-310. (In Russ.)
10. Grishkovets A.A. Actual problems of consideration in the prosecutor's office of applications, complaints and other appeals of citizens and possible ways of their optimal solution. Pravovaya politika i pravovaya zhizn' = Legal Policy and Legal Life. 2022;(3):118-135. (In Russ.)
11. Osipov A.L. Some problems of protecting the constitutional rights of an individual when considering complaints by the courts in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation. Vestnik Universiteta imeni O.Ye. Kutafina (MGYUA) = Courier of Kutafin Moscow State Law University (MSAL). 2024;(1):94-103. (In Russ.)
12. Burmagin S.V. Features of proof when considering complaints by the court against the actions (inaction) and decisions of officials conducting pre-trial proceedings in a criminal case. Zakony Rossii: opyt, analiz, praktika = Laws of Russia: experience, analysis, practice. 2023;(7):42-48. (In Russ.)
13. Ageev A.N. Organization of prosecutorial supervision over the execution of laws by administrative and criminal jurisdiction bodies. Vestnik Universiteta prokuratury Rossiyskoy Federatsii = Bulletin of the University of the Prosecutor's Office of the Russian Federation. 2022;(3):65-70. (In Russ.)
14. Makh I.I. On the subjects of administrative jurisdiction. Vestnik Akademii MVD Respubliki Belarus' = Bulletin of the Academy of the Ministry of Internal Affairs of the Republic of Belarus. 2021;(2):17-21. (In Russ.)
15. Shevtsov A.V. On the content of the concept of “administrative jurisdiction of the police of the Ministry of Internal Affairs of Russia”. Trudy Akademii upravleniya MVD Rossii = Proceedings of Management Academy of the Ministry of Internal Affairs of Russia. 2020;(1):3239. (In Russ.)
Supplementary files
Review
For citations:
Bezhentsev A.A. Citizens' appeals: guarantees of ensuring their rights and freedoms in the administrative process. Proceedings of Southwest State University. Series: History and Law. 2025;15(2):100-119. (In Russ.) https://doi.org/10.21869/2223-1501-2025-15-2-100-119