At each person, in whatever country he lived, at least once in life appears an occasion to complain in authorities. Complain of restless neighbors, dishonest employers, bribe-takers officials, incompetent doctors or unfair sellers. In general reasons for complaints and claims there can be a set, but anyway, weighty your proofs and arguments would not be what to receive the prompt, definite, competent reply and the solution of your problem – it is necessary to complain correctly.
How we will complain?
First of all be defined, you will complain orally or in writing. The operating procedure with both types of complaints is in detail regulated by the Federal law of the Russian Federation No. 59-FZ of 02.05.2006 "About an order of consideration of addresses of citizens of the Russian Federation".
The oral complaint is effective only in two cases: when you come personally to reception to the official or phone your claims to dispatching service. In the first case it is necessary to register in reception in advance, quite possibly long to wait for the turn and to be reconciled with that the official can be late at meetings, cancel reception time in connection with calls of higher officials, etc. That is time you will spend weight.
In some state structures on reception to the official you can not be allowed if you are dressed in an unseemly way, for example, beach Vietnamese, shorts or too open top can become a cause of failure in reception.
Conveniently to report about the claims in dispatching department in that case when you complain of work of economic services of the city or to power departments. As a rule, the organizations connected with operation of telephone lines, elevators, electric networks, networks of external , gas supply and water supply have dispatching services and also in the Ministry of Emergency Situations (according to standard Rules of technical operation, and also Administrative regulations). It is even better if in your city there is JDS (joint dispatching service) which exercises control of work of all communications and engineering constructions of the city. Work of ODS is strictly regulated by the normative document "Rules and norms of technical operation of housing stock" (utv. The resolution of the State Committee for Construction of 27.09.2003 No. 170). In ODS it is possible to address in case of refusal any kind of communications or engineering constructions.
Talk of the dispatcher with the called citizens, in most cases, according to internal regulations registers. Such audio recordings are stored, as a rule, not less than three months. On them it is possible to check not only, whether the call fact with a claim took place, but also is how polite and the dispatcher at conversation was correct. Besides, call time, a claim essence, contacts of the called are fixed by the dispatcher in the special operational magazine. All actions according to the analysis of the complaint and work stages upon a claim are controlled by the management of the organization, and results of the taken actions can be checked in turn by higher supervisory authorities during the next or unplanned audit.
Drawing up complaint
However, despite everything, the written complaint remains in the most effective and convenient way of the solution of the arisen misunderstanding. If to you date of receipt of the answer to your complaint is not important – send it at once to regional, regional administration or even to federal authorities. There your letter will travel on tables of heads of departments not less than 7 days (No. 59-FZ of 02.05.2006, Art. 8) until it is sent to the appropriate executive bodies of the power.
Therefore InfoAdvisor.net recommends the most optimum option – to find out in the same regional or regional administration by phone within what competence of authority your claim is. And to send the written complaint to the corresponding address.
Most seriously it is also scrupulously necessary to treat drawing up the complaint.
- It is necessary to specify full name of body and the official to whom the claim goes in the right top corner.
- Slightly lower to write a full name and the applicant's address.
- Complaints without personal information, such as a surname, a name, the address for the response letter, and also the personal signature, are considered anonymous and to consideration are not accepted. Except for addresses which contain data on the made or made illegal act (No. 59-FZ of 02.05.2006, Art. 11, item 1)
- The short essence of the complaint or claim needs to be provided still below, on the left side of a leaf. For example, if you complain of illegal actions of the employee of traffic police, this line it is possible to write "About illegal actions of the employee of traffic police".
- Further it is possible to start the description of the claim. In the description it is desirable to note most in detail all data on the person known to you, about whose actions you make the complaint (first name, middle initial, last name, a rank, a post, a work place, number of the business card, a breastplate, the address, etc.). Here describe circumstances under which there was a violation of your rights, specify detailed data on the persons able to confirm the violation fact. If you can provide documentary certificates – even better. Put down in the complaint of the reference to the corresponding documentary certificates, and attach their copies to a claim (to No. 59-FZ of 02.05.2006, Art. 7) even better. If you possess information on provisions of the current legislation where the rights belonging to you are noted – specify numbers, names and points corresponding standard and acts here.
- If you put to the complaint of the copy of documents, think in advance that copies were certified by the notary when it is required. Besides, at the end of a claim specify the list of the enclosed copies of documents, with the indication of number of copies.
- Date also the signature.
Irrespective of, to what authority you send the complaint, you need to have two or three copies of its copy. After all you have the right to send to the copy of your complaint at the same time to two, three or four organizations if their competence corresponds to a claim essence. Besides, it is always necessary to remember probability of the appeal of your claim and in this case some more copies of the letter can be necessary.
By transfer of the complaint or in a reception of appropriate authority, one copy of the letter with appendices you transfer to office for registration, and on other ask to put down number of the incoming document and date of reception of the letter to execution. In addition InfoAdvisor.net advises to ask phone of office for tracking of course of execution of the complaint. And having called in some days, you will be able to learn to whom from representatives of power structure there was otpisano your letter for consideration. So process of implementation of the decision on your question will be more transparent.
At desire, it is quite possible to send the complaint a mailing. Only obligatory the registered mail with the notice, and with the detailed inventory of contents. At the majority of federal and municipal authorities, the term of consideration of the complaint does not exceed 30 days (No. 59-FZ of 02.05.2006, Art. 12). And to count 30 days of this term you can begin with date of delivery of the letter to the employee of office of the relevant structure. You will find this date on the assurance of receipt of the letter.
Now many power structures enter innovations: Internet and receptions and procedures of submission of the complaint through the special site or a forum. However at the moment these innovations are practically not used, somewhat because of lack of information of citizens and conservatism of state structures.
In Denmark it is possible to send the will from the mobile phone, and laboratory computers understand America with complaints to department of health care. And it is successful whereas the staff of department exempted from bureaucratic delays, is engaged in the direct duties – improve health system of the USA.
How to appeal
And if refused to you consideration of the complaint or the made decision seems to not meeting operating legislative standards? Address to higher instance with the similar complaint, having attached to it the available answer or having described and having documented inaction of subordinate power structures. If the higher instance is unknown to you, or does not exist at all, it is quite possible to appeal to the prosecutor's office.
It is possible to appeal with the complaint to the prosecutor's office at any stage of the appeal. Did not satisfy the reply of prosecutor's office? Final instance in this case is the court. After all according to the act of the Russian Federation of April 27, 1993 N 4866-1 "About the appeal in court of the actions and decisions violating the rights and freedoms of citizens", article 1: "Each citizen has the right to appeal with the complaint to court if considers that illegal actions (decisions) of government bodies, local governments, establishments, enterprises and their associations, public associations or officials, public servants violated its rights and freedoms". Drawing up – much more difficult business and here is better to resort to the help of the expert, however in most cases in time and well made complaint will allow you to solve a problem without appeal to judicial instances.