Обращения граждан в российском законодательстве: традиции и современные вызовы для его совершенствования

Lex Russica (Русский закон). 2025. Т. 78. № 2. С. 42–55.

Maslennikova S.

The article examines the experience of legal regulation of citizens' appeals in the Russian pre-revolutionary and Soviet periods. Continuity is noted in the regulation of the institution of citizens' appeals. The modern legislation on appeals is analyzed, taking into account the correlation of general and special regulation. It is concluded that the role of the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation" as a law of general regulation is predetermined by the socio-political nature of the right to appeal as a constitutional right and as a subjective right of universal national character, the implementation of which accompanies any sphere of activity of authorities in their relations with citizens. The modern development of communications in the state and society, the complication of interaction between subjects, and IT technologies are challenges for improving the legal regulation of the institution of appeals.

Based on historical-legal and formal-legal methods, the author concludes that the definition of key concepts in the field of consideration of citizens' appeals in electronic form, restriction of departmental rulemaking, clarification of the status of subjects authorized to consider citizens' appeals must be regulated primarily in the basic Federal law. When regulating the institution of appeals, it is necessary to focus not on the concept of providing public services, but on the traditional idea of citizens' participation in the management of state affairs in Russia. It is also proposed to establish provisions on the inadmissibility of burdening citizens with additional requirements when submitting appeals, to provide a list of communication channels and features of consideration of appeals for certain categories of citizens.

Keywords: обращения граждан, принципы, proposals, государственные полномочия, предложения, равноправие, complaints, provision of services, жалобы, principles, организации, traditions, organizations, цифровизация, традиции, formal equality, digitalization, заявления, оказание услуг, IT technologies, state powers, citizens' appeals, The law on citizens' appeals, types of appeals, the order of consideration of appeals, statements, закон об обращениях, виды обращений, порядок рассмотрения обращений, ИТ-технологии

Publication based on the results of: Legal mechanisms of overcoming inequality (2024)