Appeal from a citizen (hereinafter referred to as “appeal”) is a written proposal (comment), motion (application) or complaint, submitted to a state body, local self-government body or an official in writing, as well as an oral statement of a citizen to the leaders and other officials of the relevant bodies.
Proposal (comment) is a citizen’s appeal with a recommendation to improve laws and other legal acts, the activities of state bodies, local self-government bodies and officials, to develop public relations, improve socio-economic and other spheres of state and society.
Motion (application) is a citizen’s plea for assistance in the exercise of his constitutional rights and freedoms or the constitutional rights and freedoms of another person, or a report on the violation of law and other normative legal acts, shortcomings of state bodies, local governments and officials, or criticism of the activities of these bodies and officials.
Complaint is a request from a citizen to restore or protect his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of others.
Procedure for submission of appeals
- Appeal may be submitted orally (stated by a citizen and documented by an official at the personal reception) or in writing, sent by mail or personally conveyed to the appropriate authority or through a legal representative.
- Appeals are to be addressed directly to state bodies, local government bodies and officials that are competent for the matter of an appeal.
- A written appeal on the matters beyond the competence of an official or of the bodies specified in part 2 of Article 8 of the Law of the Donetsk People’s Republic “On Citizens’ Appeals” shall be sent within seven days from the date of registration to the relevant body or to the relevant official, whose competence includes resolving the issues raised in the application, with the notification of the citizen who sent the appeal about the redirection of the appeal.
It is prohibited to file a complaint for consideration with a state body, local government or an official whose decision or action (inaction) is appealed against.
If it is impossible to forward a complaint to the state body, local self-government body or an official competent for resolving the issues set forth in the appeal, in accordance with the prohibition provided for in Paragraph 2 of Part 3 of Article 8 of the Law of the Donetsk People’s Republic “On Citizens’ Appeals”, the application shall be returned to the citizen with an explanation of his right to appeal against the decision or action (inaction) in court.
- A state body, a local self-government body or an official, when sending a written request for consideration to another state body, local government or other official, may, if necessary, request documents or materials from the said bodies or an official about the results of consideration of a written appeal.
- If the appeal contains information about a wrongful act that is being prepared, committed or has been committed, as well as about the person who prepares, commits or has committed it, the appeal shall be sent to the state body of respective areas of competence.
- The appeal, in which the judgment is appealed against, shall be returned to the citizen who submitted the appeal within seven days from the date of registration, with explanation of the procedure for appealing this court decision.
- The procedure for filing and reviewing electronic appeals is governed by the Regulations on Electronic Appeals from Citizens.
Timing of applications
- The submission of proposals (comments) and motions (applications) by citizens does not have time restrictions.
- A complaint against a decision may be filed by a citizen within one year since it has been received, but not later than one month since the citizen has become familiar with the decision. Complaints filed with violation of this deadline shall not be considered.
- Deadline missed for a good reason (serious illness, disability, long business trip etc.), providing that it has been confirmed by the relevant documents submitted by the citizen, shall be restored by the state body, local government or the official considering the complaint.
Requirements for written appeals
Appeals must be presented in Russian or Ukrainian.
Written appeals from citizens must contain:
1) name and (or) address of the state body, local self-government body or the position of the person to whom the appeal is addressed;
2) surname, name, paternal name (if any) of the citizen, postal address to which the response should be sent, the notice of the redirection;
3) description of decisions or actions (inaction) that, according to the complainant, violate or violated his\her rights and freedoms. The copies of decisions on his complaint considered by judicial or administrative body must be attached;
4) date and personal signature of the citizen (citizens);
5) An appeal made without complying with these requirements shall be returned to the citizen with appropriate explanations no later than ten days after it was received;
6) The text of the appeal must be readable. Handwriting must clear and legible. It is prohibited to use obscene or offensive words or expressions in the text of the appeal;
7) Written applications submitted by citizens’ representatives must be accompanied by documents certifying their powers;
8) The appeals must contain information on the results of their previous examination with an attachment (if available) of documents confirming this information.