The right of citizens to appeal to state authorities to limit

Право граждан на обращения к госорганам ограничат

Ukraine holds the policy of digitalization, the introduction of a “State within a smartphone” and also the principle of “single window”. In addition, the Commission on the legal reform discussion the idea of introducing the time window turning to the courts to, if the case jurisdiction to a particular court, he gave his address.

However, the current principle of treatment of citizens must be automatically transferred for the purpose, if they are addressed to an inappropriate subject to an authority or official, want to cancel.

So, in the Parliament, MPs from the faction “people’s Servant” Vitaly Bezgin, Galina Tretyakov, Vadim Strusevich, Oleg Arsenyuk, Sergei Grivko registered the bill No. 2480, in the event of which the person addressed, according to a particular official, “wrong address” will get his message back no answer.

According to the sponsor of the bill, Vitaly Bezgina, the introduction of such restrictions is necessary because “it gives the opportunity not to waste time on spam to the wrong address, which is 95%”.

However, what exactly justifies the figure of 95% was appropriate Analytics, discussed whether the optimization methods work with citizens, including with the participation of the Ministry of digital technologies, we are investigating whether international practices and practices of private corporations, is unclear.

As the authors write in the explanatory note, “in most cases, citizens interpret current legislation depending on their understanding of their maintenance-free performance and subjective attitude to them”, so download officials extra and unnecessary work.

Thus, the draft law on amendments to the Law of Ukraine “About addresses of citizens” regarding the consideration of offers:

To exclude from the Law norm of the transfer the address of citizens (particularly the rule that “if the issues raised in the received organ of state power, local self-government, enterprises, institutions, organizations irrespective of forms of ownership, associations of citizens or officials, are not included in their powers, appeal in a period not exceeding 5 days sent their affiliation to the relevant authority or official, as reported by the citizen who submitted the appeal”).To introduce into law a estimated concept of “mindless abuse”. So, “are not considered repeated applications of one and the same body by the same citizen on the same issue, solved if the first in fact, is obviously meaningless and/or concerns issues which do not relate to the authority”.To expand the Foundation to return calls without their consideration on the merits.So, “appeal, designed in compliance with the above requirements addressed to public authorities and local self-government bodies, enterprises, institutions, organizations regardless form of ownership, associations of citizens or officials, the powers of which are NOT part of the solution to the outstanding issues, returned to the applicant with the relevant explanations without consideration on the merits not later than ten days from the date of its receipt”.

And most importantly — adjusted the right of citizens to appeal. Thus, article 1 of the Law establishes that “citizens of Ukraine have the right to appeal to state authorities, local self-government on issues attributed by the legislation to the sphere of their competence” (that is, the citizen is obliged to know what questions the jurisdiction of the specific organ and which are not).As an ordinary person to know whether specific questions “within the competence” or not? First, it should be noted that powers some of the entities specified in the internal regulatory documents that are not published in databases regulations (for example, the legislation of Ukraine does not contain all the internal normative acts of ministries). Thus, it is unknown how citizens can learn, is one or the other issue within the competence of the organ or official. This creates a convenient ground for massive failures in the consideration of citizens ‘ appeals.

Secondly, according to this bill, to solve “what is competence”, the authority will independently.

Many Ukrainian government bodies really still are “boxes” where citizens have to put their treatment. It is obvious that the adoption of this bill does not reduce the circulation of paper and “unloads” the officials, but simply allows them to send refusals for treatment, which, in their subjective opinion, not substantiated or are not relevant to their competence. They will not need to send an appeal to the appropriate entity.

Moreover, there is a risk that, following the adoption of such a bill the courts will begin to receive complaints from citizens in connection with the unjustified failure that does not reduce the burden on the budget, because the legal departments of the authorities would have to “recapture” these claims in the courts at public expense.

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