The procedure for considering citizens' appeals

All legal documents on the topic (3)

Constitution of the Russian Federation Article No. 33
Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.”
Code of the Russian Federation on Administrative Offenses (Article 5.59)

— General procedure for considering citizens’ appeals
— Requirements for a written application
— The procedure for sending a written request
— Guarantees for the safety of citizens who sent an appeal
— Rights of citizens when considering an appeal
— Responsibilities of the government body, local government body or official considering the appeal
— Deadlines for consideration of applications
— Responsibility for violation of the procedure for considering citizens’ appeals

Where are the deadlines for providing responses to requests?

Residents of apartment buildings can submit complaints and statements both orally and in writing using the following channels:

by mail,
by email,
through GIS housing and communal services,
in person at the office of the management authority or to an employee of the HOA/housing cooperative/housing cooperative,
through the concierge,
verbal request by phone or in person.

The response is sent through the same channel through which the appeal was submitted, unless the applicant indicated a different method of sending information (clause 37 of the RF PP No. 416). Regardless of the form and channel of communication, citizens’ appeals must be considered within the time limits specified in the regulatory legal acts of the Russian Federation.

The main regulatory legal act regulating work with applications and complaints from citizens is Federal Law No. 59-FZ dated May 2, 2006.

Since management organizations are engaged in publicly significant activities, they are subject to the requirements of Part 1, Part 2 of Art. 12 No. 59-FZ (resolution of the Trans-Baikal Regional Court dated December 1, 2016 in case No. 4A-559/2016, resolution of the Supreme Court of the Republic of Mari El dated July 19, 2016 in case No. 4A-186/2016). This law states that a response to citizens’ appeals is sent no later than 30 days from the date of its registration.

However, in addition to the general rules for working with citizens’ appeals, there are other legal acts that regulate the process of communication between residents of apartment buildings and management organizations, homeowners’ associations or housing cooperatives:

Housing Code of the Russian Federation,
Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1,
Decree of the Government of the Russian Federation dated August 13, 2006 No. 491,
Decree of the Government of the Russian Federation dated May 15, 2013 No. 416,
Decree of the Government of the Russian Federation dated May 6, 2011 No. 354,
Decree of the Government of the Russian Federation dated September 23, 2010 No. 731,
Order of the Ministry of Communications of the Russian Federation and the Ministry of Construction of the Russian Federation dated February 26, 2016 No. 74/114/pr.

The paragraphs of these regulations establish specific deadlines for each group of requests from residents of apartment buildings to the management organization, homeowners association or residential complex/housing cooperative. For your convenience, we have collected them in a single table.

How management authorities and homeowners associations communicate with residents of apartment complexes in accordance with RF PP No. 331
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General procedure for considering citizens' appeals

A citizen of the Russian Federation has the right to contact any state and municipal bodies and organizations entrusted with the functions of regulation and/or control of certain areas of life and activity of society, or to their officials. A citizen has the right to apply, including for the protection of his rights, freedoms and legitimate interests. Consideration of citizens' appeals is free of charge. The appeal can be either individual, that is, coming from one person, or collective, that is, coming from a group of people. The appeal can be either “personal”, when a citizen comes to the reception and verbally explains the purpose of his visit, or written, that is, in the form of a document sent either by mail or by courier to the office or secretary. You can also send your appeal in the form of an electronic document. In our opinion, written communication is many times more effective than oral communication.

Requirements for written application

The law imposes certain requirements for written applications from citizens. Thus, it is imperative to indicate where or to whom the appeal is being sent,

namely, indicate the name of the state body or local government body or the last name, first name, patronymic of the relevant official, or at least the position of this person. It is also mandatory
to indicate your data
- full name and postal address to which the response or notification of forwarding should be sent appeal (in the case of an appeal in the form of an electronic document, you can indicate either a postal address if you would like to receive a response by mail, or an email address if an electronic response is sufficient).
The text of the appeal must contain the essence of the proposal,
statement or complaint that the citizen wants to make.
In this case, the handwriting, if the application is written by hand, must be legible. If the text is unreadable (for any reason), the body or person to whom the appeal was sent has the right not to respond and in this case are released from liability. The same fate will befall messages containing insults and/or obscene language, as well as threats against officials and/or members of their families. The text of the appeal must be affixed with a personal signature
(except for an electronic document)
and a date.
If necessary, you can attach documents and materials or copies thereof to support your arguments. If you are sending an electronic document, you can attach scanned copies of documents to it, or send copies separately by mail.

REQUIREMENTS FOR WRITTEN APPLICATIONS BY CITIZENS.
TIMELINES FOR CONSIDERATION OF CITIZENS' APPEALS

The requirements for written appeals from citizens are established by Federal Law No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”
The citizen in his written appeal must indicate:

1. The name of the local government body is the administration of the urban settlement of Fedorovsky, or the name of the sectoral (functional) body of the settlement administration to which the written appeal is sent.

2. Last name, first name, patronymic of the corresponding official, or the position of the corresponding person, as well as your last name, first name, patronymic (the latter - if available).

3. Postal address to which the response and notification of forwarding of the request should be sent.

4. The essence of the proposal, statement or complaint.

5. Personal signature and date.

If necessary, in support of his arguments, the citizen attaches documents and materials or copies thereof to the written appeal.

An appeal received by the administration of the urban settlement of Fedorovsky, a sectoral (functional) body of the settlement administration or an official in the form of an electronic document is subject to consideration in the manner established by Federal Law No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”

In an appeal sent in the form of an electronic document, a citizen must indicate:

1. Last name, first name, patronymic (the latter - if available).

2. Email address if the response must be sent in the form of an electronic document, and postal address if the response must be sent in writing.

A citizen has the right to attach to such an application the necessary documents and materials in electronic form or to send the specified documents and materials or their copies in writing.

Written appeals can be delivered personally by a citizen or his representative, by post, fax, email, or telegraph.

A citizen sends a written appeal directly to that local government body or that official whose competence includes resolving the issues raised in the appeal.

Application consideration period

– up to 30 days.

In exceptional cases, the period for consideration

The appeal can be extended for no more than 30 days.

PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS TO THE ADMINISTRATION OF THE CITY SETTLEMENT OF FEDOROVSKY

Appeals from citizens to the administration of the urban settlement of Fedorovsky are considered in the manner established by Federal Law No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”, instructions for organizing work with appeals from citizens, associations of citizens, including legal entities in the administration of the urban settlement of Fedorovsky, approved by the resolution of the administration of the urban settlement of Fedorovsky dated October 18, 2013 No. 393-p “On the organization of work with citizens’ appeals in the administration of the urban settlement of Fedorovsky.”
1. A written appeal is registered within three days from the date of receipt by the administration of the urban settlement of Fedorovsky, the sectoral (functional) body of the settlement administration or an official.

Administration of the urban settlement of Fedorovsky, sectoral (functional) body of the district administration or official:

— ensures an objective, comprehensive and timely consideration of the appeal, if necessary, with the participation of the citizen who sent the appeal;

— takes measures aimed at restoring or protecting the violated rights, freedoms and legitimate interests of a citizen;

- gives a written answer on the merits of the questions raised in the appeal, except for the cases specified in paragraphs 3, 4.

2. A written appeal containing issues the solution of which is not within the competence of the administration of the urban settlement of Fedorovsky, a sectoral (functional) body of the settlement administration or an official, is sent within seven days from the date of registration to the relevant body or the relevant official whose competence includes resolving the issues raised in the appeal.

3. A response to an appeal is not given in the following cases:

- if the written appeal does not indicate the name of the citizen who sent the appeal and the postal address to which the response should be sent;

- if the written appeal contains obscene or offensive language, threats to the life, health and property of an official, as well as members of his family;

- if the text of the written request is not readable.

4. The appeal will not be considered in the following cases:

- if the appeal appeals against a court decision;

- if a citizen’s written appeal contains a question to which he has been repeatedly given written answers on the merits in connection with previously sent appeals, and the appeal does not present new arguments or circumstances. The head of the urban settlement of Fedorovsky, an official or an authorized person has the right to decide that the next appeal is groundless and to terminate correspondence with the citizen on this issue;

- if an answer on the merits of the question posed in the appeal cannot be given without disclosing information that constitutes a state or other secret protected by federal law.

5. If the reasons why an answer on the merits of the questions raised in the appeal could not be given were subsequently eliminated, the citizen has the right to again send the appeal to the administration of the urban settlement of Fedorovsky, the sectoral (functional) body of the settlement administration or the relevant official.

The procedure for sending a written request

A written appeal can be sent by any means and using any means of communication that make it possible to send a document. However, it is desirable to have confirmation that this message was received by the addressee. The most convenient and common are the methods already mentioned above: by mail or by courier to the office or secretary. It is also becoming quite common to apply through the websites of the relevant authorities, where special sections are organized for these purposes. A written appeal is subject to mandatory registration within three days from the date of receipt by a state body, local government body or official. Any appeal officially received by a state body, local government body or official in accordance with their competence is subject to mandatory consideration.

Of course, a written appeal should be sent directly to that state body, local government body or that official whose competence includes resolving the issues raised in the appeal. However, if the appeal does not correspond to the competence of the body or official to whom it was received, such appeal must be forwarded to a state body, local government body or official whose competence is to resolve the issues raised in the appeal. Such an appeal must be redirected within 7 days from the date of its registration. The citizen who sent this appeal must be notified that his appeal has been forwarded. There are also cases when the issues raised in the appeal fall within the competence of several state bodies, local governments or officials, because Often their competencies overlap. In this case, the body or person who received the appeal is obliged to send a copy of the appeal within 7 days from the date of its registration to the relevant state bodies, local government bodies or relevant officials.

In what time frame must the housing and communal services provider provide answers to consumers?

In what time frame must the housing and communal services provider provide answers to consumers?

Many contractors and consumers of housing and communal services are confident that the contractor must respond to consumer requests within 30 days. This stereotype has developed due to the fact that Article 12 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” sets exactly 30 days as the period for considering citizens’ appeals.

Part 1 of Article 12 of Federal Law No. 59-FZ dated 02.05.2006 does establish a period for consideration of citizens' appeals of 30 days, however, within the specified period, a written appeal received by a state body, local government body or official

in accordance with their competence
." At the same time, Part 1 of Article 1 of the same Federal Law dated May 2, 2006 No. 59-FZ establishes that this law “ regulates legal relations related to the exercise by a citizen of the Russian Federation (hereinafter also referred to as a citizen) of the right assigned to him by the Constitution of the Russian Federation to appeal to
state bodies and local governments ."

Thus, 30 days is the period for consideration of citizens’ appeals to state bodies and local governments, and not at all the period for consideration of appeals of any persons to any other persons.

Providers of housing and communal services are neither state bodies nor local governments, and Federal Law No. 59-FZ of May 2, 2006 does not apply to their relations with consumers. However, this does not mean that the time frame for considering consumer appeals is not regulated by law.

Such deadlines are approved by several regulatory legal acts (hereinafter referred to as NLA), including:

— Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation);

— Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. RF PP dated 05/06/2011 N 354 (hereinafter referred to as Rules 354);

— Rules for the implementation of activities for the management of apartment buildings, approved. RF PP dated May 15, 2013 N 416 (hereinafter referred to as Rules 416);

— Rules for maintaining common property in an apartment building, approved. RF PP dated August 13, 2006 N 491 (hereinafter referred to as Rules 491);

— Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights.”

Deadlines for responding to consumer requests

The previously cited regulations establish different deadlines for considering citizens’ appeals depending on the content of these appeals. And it should be noted that the deadlines established by these legal acts are much less than the notorious 30 days, which are often considered the approved response period.

The provider of housing and communal services is obliged to consider requests from owners and tenants of residential premises and other consumers of housing and communal services and send responses and fulfill the requirements for the following requests within the following deadlines:

1) a request for a list, volume, quality, frequency of services provided and (or) work performed for the maintenance of residential premises - no later than five working days from the date of application (paragraph “a”, paragraph 40 of Rules 491);

2) the requirement to verify the correctness of the calculation of the amount of payment, debt or overpayment for utilities, stated at a personal reception - immediately (paragraph “e”, paragraph 31 of Rules 354). Based on the results of the inspection, the Contractor is obliged to issue the applicant documents containing correctly accrued payments, certified at the request of the applicant with the signature of the manager and the seal of the Contractor;

3) an application for payment of a fine in favor of the consumer for violating the procedure for calculating fees for the maintenance of residential premises - no later than 30 days from the date of receipt of the application, the calculation must be checked and a response must be given about the decision made (Part 12 of Article 156 of the Housing Code of the Russian Federation);

4) an application for payment of a fine in favor of the consumer for violating the procedure for calculating fees for utility services - no later than 30 days from the date of receipt of the application, the calculation must be checked and a response must be given to the applicant (Part 6 of Article 157 of the Housing Code of the Russian Federation);

5) an application to check the condition of individual metering devices, as well as distributors - no more than ten working days from the date of receipt of the application (clause “e(2)”, clause 31 of Rules 354);

6) an application for familiarization with information about the readings of a common house meter - within one working day from the date of application (clause “e”, paragraph 31 of Rules 354);

7) request for information on the readings of common house metering devices for a period of no more than three years - no later than three working days from the date of receipt of the request (paragraph 4, clause 34 of Rules 416);

complaint about the quality of public services - within three working days from the date of receipt of the complaint (subparagraph “k”, paragraph 31 of Rules 354);

9) requests for information for the requested billing periods on the monthly volumes of consumption of utility resources according to the readings of common house metering devices; on the total volumes of utility resources consumed in residential and non-residential premises of the house; on the volumes of utility resources calculated using utility consumption standards - no later than three working days from the date of receipt of the request (paragraph 3, paragraph 34 of Rules 416, paragraph “r”, paragraph 31 of Rules 354);

10) request for a copy of the Act on damage to life, health and property of the owner/user of the apartment building, common property of the owners (description of the damage caused and the circumstances under which such damage was caused) - no later than three working days from the date of receipt of the request (para. .5 clause 34 of Rule 416);

11) request for a copy of the Certificate of violation of quality or exceeding the established duration of the break in the provision of services/performance of work on the maintenance of common property, drawn up in accordance with Rules 491 - no later than three working days from the date of receipt of the request (paragraph 6, clause 34 of Rules 416 );

12) requests for any information posted by the management organization on signs, bulletin boards in an apartment building, on stands on the premises of the management organization (including: name (company name) of the management organization; license number, license validity period, information about the body that issued the said license ; address of the location of the management authority and its representative office; operating hours, information about days and hours of reception; address of the official website on the Internet (if available); address of the official website of the State Information System of Housing and Public Utilities; contact numbers of the management organization, its representative office, email address; emergency contact numbers dispatch service; contact numbers of emergency services of resource supplying organizations; notifications about upcoming work, other events that may lead to inconvenience for owners/tenants/users of the premises of the house; notifications about changes in the amount of payment for residential premises and (or) utilities; step-by-step instructions on the procedure installation of individual metering devices; information on the deadlines for paying fees for residential premises and (or) utilities, the consequences of late and (or) incomplete payment of such fees, on the mandatory and (or) recommended deadlines for transferring readings from individual metering devices to the utility service provider; information about the State Housing Supervision body (functions, name, address, contact phone number, last name, first name and patronymic (if any) of the head); information on the sizes of prices (tariffs) to be applied when determining the amount of payment for residential premises and (or) utilities, and on the details of regulatory legal acts, decisions of general meetings of owners (if any), by which they are established; information on standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property; information on the value of the established social norm for the consumption of electrical energy (power) for groups of households and types of residential premises if such a decision is made in a constituent entity of the Russian Federation; information leaflet on the rules for the safe use of gas at home, information on the consumer’s obligation to conclude an agreement on the maintenance and repair of indoor gas equipment) - no later than the day following the day the request was received (paragraph 2, clause 34 of Rules 416);

13) request for a copy of the Inspection Report for the provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration, provided for by Rules 354 - no later than three working days from the date of receipt of the request (paragraph 7, clause 34 of Rules 416);

14) the owner’s demands for a reduction in the cost of work performed (application for recalculation), for reimbursement of expenses to eliminate deficiencies in the work performed (service provided) on their own or by third parties, for the return of the amount of money paid for the work (service) and compensation for losses caused in connection with with refusal to fulfill the contract - within ten days from the date of receipt of the request (Article 31 of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”);

15) an application from the owner or another person, on whose initiative a general meeting of owners of premises in an apartment building is convened, to provide a register of owners of premises in an apartment building - the register is provided within 5 days from the date of receipt of the application (Part 3.1 of Article 45 of the Housing Code of the Russian Federation);

16) the period for responding to other requests (applications) of owners or users of premises in apartment buildings is no more than 10 working days from the date of receipt of the corresponding request (application) (clause 36 of Rules 416);

17) a response to requests (applications) from persons who are not owners or users of premises in an apartment building is sent to the applicant within 30 calendar days from the date of registration of the request (application). The management office/homeowners association/housing cooperative may extend the period for consideration of a request (application) by no more than 30 calendar days if preparing a response requires obtaining information from other persons, notifying the applicant of the extension of the period for consideration. The notification is sent to the applicant before the expiration of the 30-day period for consideration of the request (clause 37 of Rules 416).

conclusions

As can be seen from the presented list of types of requests, the processing time for the vast majority of requests is significantly less than 30 days. It is the listed deadlines that must be observed by the contractor when considering consumer requests (requests), and not the deadline established by Federal Law No. 59-FZ of May 2, 2006.

Additionally, it is worth recalling that in accordance with paragraph 38 of Rules 416, the management organization, partnership or cooperative is required to store the request (appeal) and a copy of the response to it for 3 years

from the date of its registration.

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Consumer rights Protection

Guarantees for the safety of citizens who sent an appeal

The law provides for certain measures to protect citizens who have sent appeals to a state body, local government body or official. Such protection measures include, first of all, a ban on persecution of a citizen in connection with his appeal to criticize the activities of these bodies or officials, or in order to restore or protect his rights, freedoms and legitimate interests, or the rights, freedoms and legitimate interests of others persons In addition, when considering an appeal, disclosure of information contained in the appeal, as well as information relating to the private life of a citizen, is not allowed, unless the citizen himself has given consent. However, it should be borne in mind that according to the law, redirecting (or sending a copy in case of cross-competence) a written appeal from a citizen to a state body, local government body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information.

Rights of citizens when considering an appeal

When considering an appeal

state body, local government body or official, a citizen has the right to: - submit additional documents, and also, in case of difficulties in obtaining these documents, apply for their requisition;
— get acquainted with documents and materials related to the consideration of the application. This right, however, has some restrictions. Access to materials may be denied if they affect the rights, freedoms and legitimate interests of other persons, or if these documents and materials contain information constituting state or other secrets protected by federal law; — receive a written response to the essence of the appeal.
To do this, the appeal must indicate the citizen’s full name and address for sending a response.
Otherwise, no response is sent. And that is why, as mentioned above, written appeal is more effective; — file a complaint against a decision made on an appeal or against an action (inaction) in connection with the consideration of an appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
- apply for termination of consideration of the appeal.

Deadlines for consideration of applications

A written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal.

In exceptional cases, as well as in the case of sending a request, the head of a state body or local government body, an official or an
authorized person has the right to extend the period for consideration of the application by no more than 30 days, notifying the citizen who sent the application about the extension of the period for consideration.

On the timing of consideration of written appeals from citizens.

Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation” (hereinafter referred to as the Law “On the procedure for considering appeals from citizens of the Russian Federation”) is the main current legislative act specifically devoted to the procedure for considering citizens’ appeals.

One of the important issues regarding the procedure for considering citizens’ appeals is the correct calculation of the time frame for their consideration and obtaining a response to them. The Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” establishes specific deadlines for considering citizens’ appeals . The term for consideration of citizens' appeals is understood as the period of time provided for by law, during which the consideration of the merits of the issues set out in the appeal must be completed, and a response must be sent to the citizen. The significance of the established deadlines lies in the fact that they: - establish a certain time regime for responding to citizens’ requests; - contribute to the optimal exercise by a citizen of his rights, preventing, on the one hand, unjustified delay in the consideration of his appeal, however, on the other hand, providing competent authorities and officials with sufficient time to realize their rights and obligations. As a general rule, a state body, local government body, or official is given 30 days from the date of registration of the appeal to work with it .

The Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” does not contain precise rules for calculating the deadlines established therein. At the same time, Part 1 of Art. 3 provides that legal relations related to the consideration of citizens' appeals are regulated by the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, the Federal Law under consideration and other federal laws. Consequently, when resolving issues not regulated by the Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation,” a systematic approach to resolving these issues should be applied using, in particular, the norms of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and other branches of law.