The Legislative Duma of Tomsk Oblast
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THE LAW
OF THE CITIZEN ADDRESSES TO THE OBLAST
AND LOCAL GOVERNMENTS.
This Law regulate legal relationship, emerged with citizen addresses to the oblast and local governments.
Item 1. The main concepts, using in this law.
An address is a proposal, statement or complaint of a citizen.
A proposal is an address of a citizen, aimed at an activity improvement of the oblast and local governments.
A statement is an address of a citizen to the oblast and local governments with a request to realize his rights and legal interests..
A complaint is an address of a citizen to the oblast and local governments with a demand of restoration of rights or legal interests, which were broken by the actions of physical of juridical persons.
Item 2. The legislation of citizens addresses.
The work with proposals and complaints of citizens is realized according to the Constitution of Russian Federation, acting legislative of Russian Federation, this law and other standard acts of Tomsk oblast.
Item 3. The main principles of citizen addresses consideration.
The main principles of citizen addresses consideration are democratic, availability, legality, publicity, full consideration of citizen addresses, taking the exhaustive measures for the restoration of rights or legal interests of persons and groups of people and eliminate reasons of containment.
Item 4. Right of citizens to address to the organs of state authority and local governments.
Each citizen has a right to address personally, and also through its lawful representative with a proposal, the statement, the complaint in written and oral form to the organs of state authority and local governments.
Citizens have a right to make direct collective addresses to the organs of state authority and local governments.
Item 5. The responsibility of the organs of state authority and local governments.
The organs of state authority and local governments, officials, state and municipal officials are obliged under examination of citizens appeals:
- to examine the essence of addresses, in case of need to demand necessary documents, to send officials for the checking;
- to take valid decisions on proposals, statements, complaints, to provide timely and correct implementation of these decisions;
- to inform citizens in written and oral form about the solutions, accepted on proposals, statements, complaints, and in the case of their deviation to indicate motives, in necessary cases with the reference to the legislative acts;
- to analyze systematically coming mail from citizens both along the time intervals and in the subject, social sections, to use analytical materials to reveal and eliminate reasons, which generate break of rights and legitimate interests of citizens, which cause the entering of repeated statements and complaints, improvement of the workthe organs of state authority and local governments.
Item 6. Addresses
Proposals and statements are given to those organs of state authority and local governments or to those state, municipal officials, who is responsible for a solving of this question.
Complaints are given to organ or official, state or municipal employee by the way of subordination.
It is forbidden to direct complaints to those organs, whose actions will be appealed.It is forbidden to reject writing addresses of citizens because of their essence, which is beyond the jurisdiction. Such addresses should be directed to the organ or official, state or municipal employee, who are directly responsible for such question.
A written address of a citizen must contain designation and address of the organ or the official, to which are forwarded the address, the account of the essence of a proposal, statement, complaint, surname, name of the citizen, his address, the data about his place of work or studies, date and his personal signature.
The address, which does not contain personal signature, surnames, name, the patronymic of that citizen and data about the place of residence or work (studies), are recognized as anonymous and it is not a subject for examination.
Item 7. The personal reception.
Heads and other officials of the organs of state authority and local governments are obligated to carry out the personal reception of citizens.
A reception must be carried out in the established and brought to the information of citizens days and hours, in the time convenient for them, in the necessary cases - in the evening hours on the place of work or residence of citizens.
Item 8. Examination period of citizens appeals.
The addresses of citizens are examined during the period up to one month since the day of entering into the organs of state authority and local governments. Addresses, which do not require additional examination and checking, are examined without delay.
When for the examination of address is necessary to conduct special checking, request of additional materials etc., the periods of examination can be prolonged by a head of the organ of state authority and local governments not more than for one month. An author of an address must be informed about this in the three-day period.
If a citizen selected an incorrect addressee of an address, his address is sent to an organ without delay, plenipotentiary him to solve, about which applicant it is notified in the written form, and with the oral appeal explanation is given to citizen, where it one should address.
The information about the personal life of an addressing citizen without its agreement can not be disclosed by an official, who examines an address.
Item 9. A Solution by the results of a citizen address examining.
The organs of state authority and local governments, state and municipal officials, are obligated to make a decision by citizens addresses within their competence and in accordance with the current legislation.
Citizens have a right to become acquainted with documents and materials of examinations, carried out on their addresses.
The address of a citizen is considered examined, if all questions, put in it are examined, all necessary measures are accepted and all exhaustive answers, corresponding to legislation, are given. If the solution does not satisfy these requirements, a citizen has a right to address the same organ repeatedly. In this case the address must be examined in the course of ten days.
Denial in the satisfaction of citizen address is led to their information with the motivation and facts, which are assumed as the basis for the denial solution, with the reference to the certain articles of a law or another standard act and the explanation of the order of the appeal of the accepted solution.
The accepted address solution can be appealed to the higher body(official) by way of subordination, or to the law court.
Item 10. The responsibility for a break of present law during the examination of citizens addresses.
Break of present law, the pursuit of citizens in connection with the supply of proposals, statements, complaints or for the criticism being contained in them calls officials, state and municipal employees to account in accordance with the current legislation.
Supply by a citizen of a statement or complaint for slanderous purposes calls him to account in accordance with the current legislation.
Item 11. Operational procedure with citizens addresses.
Work with written and oral appeals of citizens in the organs of state authority and local governments is conducted in established by these organs order and in accordance with the present law and the current legislation of the Russian Federation.
Item 12. Coming into force of the present law.
Present law comes into force from the day of its official publication.
© The State Duma of the Tomsk oblast, 2007-2012