Legal aspects. When and how to respond to a patient's written request

If a citizen’s appeal is received, authorized persons are required by law to prepare a timely response to the complaint. If the action is not carried out, the violator may be held accountable. It can be problematic to complete the document every time. It is rational to use the sample. It will help you avoid possible mistakes. However, the exact form of the document is not fixed in law. If you have a sufficient level of knowledge, you can try to file a response to the claim yourself. We will talk about the main types of appeals, the actions that need to be taken when receiving a complaint and other nuances of the procedure.

Rules for writing letters and sample answers

When figuring out how to properly respond to a complaint in writing, keep in mind that the document must contain mandatory information.

The form must contain the following information:

• information about the addressee and applicant;
• contacting the opponent, confirming the receipt of the claim, indicating the date and moment of consideration;
• information about the situation that arose, a list of measures that were taken to eliminate the cause of the claim;
• the results of consideration of the appeal and a list of documents attached to the response;
• information about the person who signed the paper, the date of the response, signature and seal, if the paper is drawn up on behalf of the company.

Use a ready-made sample response to a complaint and speed up the preparation of the document, reducing the likelihood of errors. If the claim is not satisfied, the applicant has the right to complain to the regulatory authorities.

Therefore, it is important to carefully analyze the reasons for refusing to satisfy the complaint and support your statements with references to legal norms. Thus, the right to file a claim is guaranteed by Article 33 of the Constitution of the Russian Federation. Their consideration is carried out in accordance with the norms of Federal Law No. 59. A person can contact the authorized body no later than three months from the moment he became aware of a violation of rights, or within a month if the official did not fulfill the citizen’s demands. The claim must not contain slander, insults, humiliation, etc.

• Response to a complaint (standard letter)
• Response to a complaint at a medical institution
• Response to parents' complaint
• Response to a complaint to the FAS
• Response to customer complaint
• Response to a complaint about employee misconduct
• Response to a complaint in the book of complaints and suggestions

Types of unscheduled inspections

Visiting

It looks like this: regulatory authorities assemble an inspection commission and move to the point of sale . There they check everything related to the subject of the complaint. An unscheduled on-site inspection has a huge advantage - they must warn about it in advance. By law, this is done no later than one day before the inspection itself. Must notify in writing.

Documentary

When conducting a documentary check, no one will go anywhere - they will simply request the necessary documents . It can be anything, but again, the documents must have some bearing on the complaint. Usually they ask:

• documents for goods: certificates, invoices, invoices, and so on;
• constituent documents or organizations - certificates, extracts from the state register, notifications;
• fiscal documents, if the violation is related to violations of the use of cash register equipment;
• copies of entries in the book of reviews and suggestions;
• agreements with suppliers;
• lease agreements and so on.

Papers can be brought in person or sent by mail. For some authorities, scans sent by email are sufficient.

Test purchase

The most unpleasant and dangerous type of on-site unscheduled inspection. The ambush is that no one is obliged to warn about the test purchase and no one will . Moreover, you won’t even understand that they came to you with a test purchase. The inspectors will behave like ordinary customers: they will call the manager, order the goods and even make a payment. You will only find out that this was a test purchase after the transaction has been completed. That is, already when you break something. Therefore, be more careful.

Test purchase as a method of state control

An important point: when conducting any inspection, be it scheduled, unscheduled or otherwise, the regulatory authorities can check you only in that part that is related to the buyer’s complaint. If he complained about rudeness on the part of the manager, they have no right to check the expiration dates of food products. So let’s jump ahead and tell you a life hack. If inspectors get into the wrong place and start checking everything, you shouldn’t interfere with them. Let them watch: you will have a chance to complain about the illegal actions of the inspectors and challenge the inspection decision. In addition, such actions fall under article 330 of the Criminal Code of the Russian Federation - “Arbitrariness” and article of the Criminal Code No. 286 “Excess of official powers”.

Types of requests

According to the law, you can send different options for appeals to the authorized body. Regardless of the form chosen, you will need to prepare a response within a specified period of time.

Legislation on consideration of citizens' appeals

Each document drawn up by a government agency must meet a list of requirements established by law.

The main feature of such relations is that the body considers appeals only in cases where it has the authority to do so.

The main regulatory act regulating this area of ​​relations is the Federal Law on the procedure for considering appeals from citizens of the Russian Federation dated May 2, 2006 N 59-FZ.

This document contains the deadlines for reviewing received documents, the procedure for registering applications and the procedure for making decisions on them.

Watch the video. Violation of the procedure for considering citizens' appeals:

What to do if you receive a complaint

Having analyzed an example of a response to a complaint, it is necessary to take into account the specific actions in the current situation. The mechanism of action that must be followed when receiving a claim directly depends on the type of document. If a person contacts an entrepreneur or company, the norms of civil law must be taken into account.

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You need to act according to the following scheme:

• Read the information reflected in the document. If necessary, you need to contact the complainant and clarify the circumstances reflected in the complaint. Additionally, an employee survey will be conducted.
• The facts are subject to careful analysis. Sometimes an examination may be required. In certain situations, it is necessary to conduct a professional assessment of the eligibility of the claims made. So, if the applicant complains about defects in the product, the expert will find out who exactly is to blame for the breakdown.
• Based on the results of the procedures carried out, a decision is made. If the claim is justified, measures are taken to resolve the conflict. If there are no grounds for satisfying the complaint, the request is correctly rejected.
• A response to the claim is drawn up and sent to the applicant.

You should not ignore complaints, regardless of the form in which they are sent. The answer must be given in writing. Sometimes complaints are sent by provocateurs who deliberately try to stir up a conflict, after which they turn to the supervisory authority. This could be initiated by a competing company. Sometimes the actions are carried out by scandalous citizens who enjoy such activities and humiliation. Therefore, the claim is considered as carefully as possible.

Tips to take into account

When figuring out how to respond to a client’s complaint in writing, remember that the law does not require mandatory letter forms. Exact instructions for filling it out are also not provided. Existing practice has led to the emergence of certain rules that must be followed.

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Experts advise taking into account the following nuances:

• It is necessary to adhere to a business style of response. Rough treatment, foul language or threats are not permitted. You can't show emotions. It is important to maintain a respectful tone, thanking for the information provided and, if necessary, apologizing.
• The form for sending the response must correspond to the form of the received complaint. So, if it was provided in the form of a letter, it is necessary to respond in a similar way.
• It is necessary to prepare a response to the complaint in such a way that the applicant believes that the circumstances that became the basis for filing the complaint have been eliminated. It is acceptable to attach copies of supporting documents.
• If the response is issued on behalf of an organization, it is imperative to use company letterhead. Corrections, strikethroughs, and grammatical inaccuracies are prohibited in the document.
• If the claim is unfounded, the refusal to satisfy must be motivated and supported by references to legislation and documentation. The questions reflected in the document must be answered. It is not possible to consider only part of the claim.
• If you cannot compose an answer yourself, it is better to use a ready-made sample or seek the help of competent lawyers.
• There is no need to prolong the time frame for considering a complaint. By law, a response is required to be provided within 10 days. Sometimes the period can be extended to 1 month.
• If the appeal was left in the complaint book, you will also need to fill out a response there. Additionally, it is permissible to contact the applicant by phone and tell about the results of consideration of the application.
• If a complaint has been received that was previously considered, it also needs to be answered, but in a concise form.

If information discrediting honor and dignity has been posted that does not correspond to reality, you can request that a refutation be posted. For this purpose, a complaint is also filed.

conclusions

Official responses must be sent after receiving petitions, requests, demands, and commercial proposals. It is generated in electronic format or on paper (on a blank sheet or company letterhead).

The rules and regulations for the preparation of all types of business documents are given in GOST R 7.0.97-2016, but the standard is advisory in nature.

There are about 30 details, but no more than 10 are needed for sending. Most often, the writing of response forms is entrusted to deputy managers, secretaries and office workers.

Deadlines for preparing a response to a complaint

As mentioned earlier, the period for providing a response varies from 10 to 30 calendar days. The period begins to be calculated from the moment the application is received. During this period, you will only need to prepare a response to the appeal. The time it takes to ship is not included in the allotted period.

If serious circumstances are present, the application period may be increased:

• the person was on a business trip in another city or abroad and could not give a response in a timely manner;
• there is a need for research and examination, without which it is impossible to give a correct answer;
• the person is undergoing treatment and is physically unable to respond to the request.

Usually the period is extended by 30 days. All circumstances that led to the adoption of such a decision must be documented. If no response is received within the prescribed period, the applicant has the right to file an appeal to the court.

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How to submit a response to a complaint

According to the law, actions must be performed in the same form in which the complaint itself was received, unless otherwise reflected in its text. So, if a written complaint was submitted, the response is drawn up in a similar form, even if there is a telephone number for operational communication. Documents received via the Internet are reviewed, after which a response is issued in electronic form. If a verbal statement is received from a patient or customer, this must also be responded to verbally. A class claim does not require a response from each individual claimant, only from the person whose contact information appears at the top of the sheet. An alternative is personal submission. Similar rules apply in all other situations. When the answer is handed over directly, the signature is placed in a special journal of the organization.

Algorithm for correct design

In order to respond to a submitted appeal or complaint, you must perform the following list of actions:

• First of all, it is necessary to clarify whose competence it is to consider the issue,
• When there are several interested parties in the outcome of the case, the remaining participants should be sent copies of the filed complaint,
• When a complaint is filed with the wrong authority, it is transferred to the authority competent to consider such issues. In this case, mandatory notification of the interested person is carried out,
• Next, the arguments described in the complaint are considered and, if necessary, verified,
• After this, the authorized person must study the regulatory documents that relate to the specified arguments in the complaint and the prevailing circumstances, the presence of which was the basis for its preparation,
• After studying legislative acts, a reasoned response is drawn up within the time limits established by law,
• The completed response is sent to the applicant, as well as to other persons whose rights may be affected by the decision.

The specified algorithm of actions can be supplemented with other actions. Their specific list depends on the legal situation and the basis for the appeal.

Watch the video. On the procedure for written and electronic appeals from citizens:

Justified and unfounded claims

Not all situations require the company receiving the complaint to take action. There are known situations where claims were used to make a profit. It is also impossible to leave an unlawful claim unattended. The action will lead to litigation or scandals.

Please note: If the applicant's demand is justified, it is necessary not only to give an answer, but also to apologize, saying that all possible measures will be taken to resolve the conflict. If correcting the situation is beyond the scope of authority, the complaint is forwarded to the appropriate authority. The applicant must be notified of this.

When you don't have to answer

The Civil Code states that a response must be provided within 30 days. This period is provided to justify the actions taken and correct the current situation. However, the legislation defines a number of situations in the event of which a claim can be ignored.

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This is possible if:

• An anonymous request was received, there is no information about the author;
• there is no personal signature on the document;
• The complaint contains obscene language, direct threats, and the text is written in illiterate language.

In all other cases, an answer must be given. Ignoring requests is considered a violation and may be grounds for prosecution.

If the appeal is left in the book of complaints and suggestions

The relevant document must be regularly analyzed by the company's management. If a claim is left in the book, you will need to prepare a response. The specifics of the procedure depend on the information received. So, if there is no personal information, but serious shortcomings in the quality of the product or the behavior of workers are indicated, the appeal is recorded on the page of the complaint book. The action is performed so that the dissatisfied client can review the document again and see the response.

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If a citizen has left information for quick communication, you need to use it and talk with the applicant. Timely responses to complaints allow not only to prevent violations of current legislation, but also to maintain the status and reputation of the company at a high level, timely improve the quality of services provided, which subsequently helps to improve the financial situation.

Possible consequences of late response

If the authorized body ignored a complaint about an employee’s inappropriate behavior, a fine may be imposed on management. The amount of the penalty is reflected in Article 5.59 of the Code of Administrative Offenses of the Russian Federation. The amount of recovery varies from 5,000 to 10,000 rubles. It will not be possible to avoid providing funds. A person whose rights have been violated can complain to Rospotrebnadzor. Additionally, the law allows citizens to unite and file a collective complaint. Such documents have greater legal force and are satisfied faster. Therefore, it is recommended to consider citizen requests in a timely manner and provide adequate responses.

Appeal in court

Complaints in court are a very broad topic. Among all, it is worth highlighting claims in accordance with the Code of Administrative Offenses of the Russian Federation (a complaint against a decision in a case of an administrative offense), with the CAS of the Russian Federation, as well as appeal, cassation, supervisory and private complaints in civil, arbitration and criminal proceedings.

All these complaints have one thing in common - the court gives the answer to them. Other parties to the case can only provide feedback on them. For example, a response to an appeal in a civil case will be called an objection or response.

The content and form of these complaints, reviews and judicial acts on them are provided for by the relevant legislative act (Administrative Code of the Russian Federation, CAS RF, Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation, Code of Criminal Procedure of the Russian Federation).