Right to complain when receiving government and municipal services: legal regulation and implementation

Abstract

theoretical and practical legal study of the problems of legal regulation and the practical implementation of the right of complaints of citizens and organizations against decisions, actions (inactions) of public authorities authorized to provide state and municipal services was carried out. The importance and place of the legal institution of state and municipal services in the system of Russian law is considered. The features of the right of complaint in the process of obtaining state and municipal services as a guarantee of legality in public administration are studied. The historical and legislative conditions for the introduction of the sub-institution of pre-trial appeal into the structure of the institute of state and municipal services are determined. The following problems of legal regulation of the procedure for filing and considering complaints from recipients of state and municipal services have been identified:(1) the need to form a conceptual apparatus for pre-trial appeal; (2) building its model within the framework of the more general administrative-legal institution of the right of complaint; (3) features of the protection and restoration of the rights and legitimate interests of recipients of state and municipal services; (4) the ratio of general and special norms in this area. 

Based on the results of a study of theoretical and legislative foundations, as well as materials from judicial practice on the consideration of public law disputes in the field of state and municipal services, proposals were made to improve the legal institution of the right of administrative complaint.

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