Each administrative complaint conceals single problems and elements of dissatisfaction with specific individuals. In order for the complaint to be accepted and verified, it is necessary to work on its competent preparation. This article will talk about how to properly file a statement, where to turn to a complaint and how to act during its consideration.
The concept of administrative complaint
There are two types of complaints: judicial and administrative. The first group includes statements sent to various judicial bodies: civil, criminal, arbitration or constitutional. The rest are, as already clear, administrative.
Administrative complaint is divided into two main types: general and special. The most common are precisely the general complaints. They are most often served by ordinary citizens who want to achieve justice through the courts. Protection of rights, restoration of violated legitimate interests or freedoms - all this relates to administrative complaints of a general type. Special complaints, by contrast, are filed only by certain categories of citizens. It can be military, state or judicial employees, etc.
Any administrative complaint has one major feature: unlimited in time and the reason for its submission. Absolutely any citizen of Russia can initiate an administrative case.
Types of Administrative Complaints
It is worth noting that an administrative complaint is not a statement of claim. It has completely different legal properties, and differs primarily in the order of consideration and is submitted both in person and by sending collective applications.
There are two forms of administrative complaints:
- written - filed by telegram, fax, postal service, electronic or network resources;
- oral - filed by phone, at public events, through individual treatment at a personal reception.
The question of where to file a complaint always depends on the type of application.
Administrative Complaint Requirements
Constitutional law is the basis for the ability to file administrative complaints to any persons located on the territory of the Russian Federation. Moreover, not only Russian citizens can do this, but also foreigners, as well as stateless persons. However, it is always worth considering the authority of an official or government body. Moreover, an administrative complaint should not violate the rights and freedoms of third parties. This should be taken into account in the same way as other requirements for the described statements.
They are listed in Federal Law "On the procedure for considering appeals of citizens of the Russian Federation. "It states that the application must be filed either electronically or in writing. And it is advisable to attach additional materials to the appeal confirming the facts set forth in the text.
Administrative complaint, sample which we propose in our article should contain relevant information about the authority or person to whom the paper is sent. And the essence of the problem should be stated briefly.
Administrative complaint: general description
In addition to the requirements, the presented Federal Law enshrines certain principles of an administrative complaint. In particular, it is worth highlighting the following:
- A complaint can be filed at any age (the only limitation is administrative capacity, which a person receives in full by the age of 18).
- The deadline for the exercise of the right to file a complaint is not established by Russian law.
- The so-called social need is established - when a complaint is submitted only to higher authorities to appeal against someone else's actions.
It is also worth noting the existence of a direct prohibition on the transfer of the named document to the person whose actions are subject to appeal.
The main differences of the administrative complaint
Some features of the administrative complaint of a general type should be highlighted. So, the document in question is always evidence of the presence of a legal dispute. There are special requirements for the procedural form of consideration of such an appeal. The complaint procedure is always moving in the same direction as the classic judicial review.
When filing an administrative complaint, its exact and detailed jurisdiction should always be considered. That is, you need to pay attention to various aspects of state subordination. So, the legislation does not regulate some situations when bodies are in double subordination.
The initiation of a civil dispute itself involves a rather lengthy mechanism for registering, directing and transferring the entire process of the complaint. So you need to be prepared for the matter. For the complaint, special forms and types of decisions must be determined, as well as the grounds for their adoption. The procedure for the execution of the decision should be determined.
In the end, a rather interesting situation arises. It turns out that the entire institution of administrative complaints, as well as any administrative body, seems extremely impractical and ineffective. This is indicated by both specialists and ordinary citizens.
About the need for an administrative complaint
Why should an administrative authority exist at all? There are a number of reasons for this, which will be listed below. In particular, the following should be noted:
- an administrative complaint, in contrast to a judicial complaint, has simplicity and an almost complete absence of cost;
- a complaint may constitute a means of controlling the heads of state bodies over the performance of functions by their subordinates;
- with its help, it is possible to consider questions about the appropriateness of decisions made by the authorities.
The factors mentioned above are quite sufficient to assert that the provisions prescribed in the Federal Law "On" are necessary and useful. the procedure for considering applications from citizens of the Russian Federation. "
Special complaint
As mentioned above, a complaint in an administrative case is divided into two types: general and special. What is a special complaint? Its main difference from the general is the regulation of individual regulatory acts. Quite often there are situations in which the consideration of a general complaint is ineffective. If the matter is really complicated, then the best option would be to write a special statement. This may apply to cases related to finances, legal proceedings, government agencies, etc.
A special complaint cannot be filed by anyone. Only certain persons are entitled to this, being, as a rule, participants in the relevant legal relations. The application is submitted to a strictly specified authority, and consideration takes place at specially set deadlines.
Stage of administrative complaint
The general administrative complaint process consists of four main stages.
The first stage is the so-called primary processing. An official complaint is received by the relevant authority. The task of employees is to register a document. This must be done within five days. The head must determine the persons who will work with the complaint, or the paper will be sent to another authority.
The second stage is checking the complaint.Workers need to correctly analyze the situation, collect and verify all the necessary information. As a rule, special commissions are formed for verification. They may include various activists, specialists or experts. The audit should be carried out using legal means and methods: conversations with people, working with documents, various examinations, etc. Moreover, the person who filed the complaint has the opportunity to personally familiarize himself with the progress of the investigation, as well as make certain amendments.
Decision making on complaint
The third step in considering an administrative complaint is to make a decision. This can be said to be the central point in the whole process. Decision making is a key element in administrative proceedings. This is always a debriefing of the work done, as well as the establishment of exact dates for adoption.
As a rule, it takes one month to make a decision in administrative proceedings. In some particularly difficult cases, the period may be extended. If complaints that do not require additional verification and investigation are resolved immediately, a deadline of 15 days is established. As a result, one of the following decisions should be taken: on the refusal to satisfy the application (as a rule, the refusal is connected with insufficient substantiation of the complaint or various violations), partial satisfaction or full satisfaction of the application.
The decision on the administrative complaint is executed at the fourth stage of the proceedings. The applicant is given a reasoned response, and the relevant official takes all necessary measures to restore the violated human rights and freedoms.
Complaint example
The question of where to file a complaint about an administrative offense depends on the specific facts of violations and requirements for restoring rights. The same applies to the application form. A complaint to the appropriate state inspectorate begins with the words about who the sender and receiver are.
In the upper right corner is a “header” of the complaint. The full name of the body to which the application is received, its address and contact information is indicated. Below is the name of the person (or group of individuals) who is applying. After the header, write the name of the document: "Complaint." And below in detail the essence of the problem. At the same time, specific facts of violation of rights and all known data on violators are indicated. The complaint must be supplemented with additional materials proving the violation. A signature and a date are put at the end of the document.