To the question on administrative responsibility for violation of the procedure for consideration of citizens' appeals

Abstract

The right to appeal of citizens is one of the most important institutions of a modern democratic constitutional state. In their work, public authorities pay considerable attention to the issues of consideration of citizens' appeals, which often leads to violation of their rights and freedoms. The quality of the work of public authorities and guarantees of the implementation and protection of the right of citizens to appeal depend on how clearly the measures of legal responsibility, including administrative ones, are established. The article discusses approaches to the legal regulation of administrative responsibility for violation of the procedure established by the legislation of the Russian Federation for considering citizens' appeals (Art. 5.59 of the Code of Administrative Offenses of the Russian Federation). Based on the analysis of the provisions of the Code of Administrative Offenses of the Russian Federation and other legal acts within the framework of formal legal methodology, the author formulates proposals for improving legislation in the field of protecting the right of citizens to appeal.

The quantitative data of cases of administrative offenses considered by courts of general jurisdiction under Art. 5.59 of the Administrative Code of the Russian Federation for the period 2017-2021 are presented. The possibility of adjusting the provisions of Art. 6.8 of the draft Code of Administrative Offences of the Russian Federation in accordance with Art. 5.59 of the Administrative Code of the Russian Federation is substantiated. As a result of the study of materials of law enforcement practice, the author comes to the conclusion that it is necessary to develop and adopt a Resolution of the Plenum of the Supreme Court of the Russian Federation explaining the procedure for bringing to administrative responsibility for violating the established procedure for considering citizens' appeals.