Publication date: 06.05.2024
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According to Article 14 of the Law of Ukraine "On Appeals of Citizens", every citizen has the right to address their proposals and comments to state authorities, local self-government bodies, enterprises, institutions, organizations, regardless of the forms of ownership, as well as to officials. These bodies and officials are obliged to consider such proposals and comments and inform the citizen about the results of the consideration. This is an important mechanism of interaction between the authorities and citizens, promoting the latter's active participation in the formation and implementation of state policy.
Bodies of state power, local self-government and their officials, managers and officials of enterprises, institutions, organizations, regardless of the forms of ownership, associations of citizens who have the authority to consider applications or petitions, are obliged to consider them objectively and in a timely manner, check the facts stated in them, make decisions in accordance with the current legislation and ensure their implementation, as well as inform citizens about the consequences of considering applications or petitions. This contributes to the effective resolution of citizens' problems and increases trust in state and local authorities.
This provision is established by the third part of Article 15 of the Law of Ukraine "On Appeals of Citizens" and specifies that applications (petitions) of Heroes of the Soviet Union, Heroes of Socialist Labor, persons with disabilities as a result of the war, must be considered by the first heads of state bodies, local self-government bodies, enterprises, institutions, organizations personally.In addition, the response to the results of consideration of applications (requests) must be provided by the body that received these applications, signed by the manager or the person performing his duties.
In case of refusal to meet the requirements set forth in the application (petition), the citizen must be informed in writing with reference to the law and stating the reasons for the refusal. Citizens are also provided with an explanation of the procedure for appealing a decision.
A complaint against the actions or decisions of a state authority, local self-government, enterprise, institution, organization, citizen association, media, or official may be submitted in order of subordination to a higher authority or official, and even if the complaint has been resolved, the citizen has the right to appeal to the court if he does not agree with the decision. In the absence of such a body or disagreement with the decision, the citizen can file a complaint directly with the court.
It is also important to note that complaints against decisions of general meetings of members of collective agricultural enterprises, joint-stock companies, legal entities created on the basis of collective ownership, as well as against decisions of higher state bodies are considered in court.
Citizens can file complaints personally or through an authorized person, and in the interests of minors and incapacitated persons, a complaint can be filed by their legal representative.
Existing decisions or their copies that were adopted earlier and other necessary documents are attached to the complaint.Peculiarities of consideration of complaints against decisions, actions or inaction of state registrars of property rights to immovable property are determined by the relevant legislation.
As for complaints about registration actions, refusal of state registration, etc., they are considered in accordance with the law on state registration of legal entities and their burdens.
According to this provision, a complaint against the contested decision may be submitted to a higher-level body or official within one year from the moment of its adoption, but no later than one month from the time the citizen was informed of the decision. Complaints submitted in violation of this deadline will not be considered.
A deadline missed for good reason may be renewed by the body or official who examines the complaint.
It is important to note that the decision of the higher state body that considered the complaint, in case of disagreement with it, can be appealed in accordance with the current legislation.
"Individual information searching in open-data" can refer to the process of verifying information that citizens provide in their appeals using available open data or information from open sources.
