Recommended link to article:
STANISLAV PAVLOVICH STEPKINа
аRussian State Social University
DOI: 10.22394/2070-8378-2022-24-3-20-24
Abstract:
This article considers the issues of abuse of rights and inadmissibility of violation of rights and freedoms of others in realizing the right of citizens to appeal. The author notes that citizens’ appeals play a significant role in developing the rule of law. In addition, the author points out the category of state civil and municipal employees. The paper draws attention to the difference in concepts used in the legislation and the fact that there are a variety of regulations for working with anonymous appeals in different state bodies. The study analyzes judicial practice and regulations, identifies legal gaps and initiatives in the form of legal law at the level of federal legislation, and formulates specific proposals for changes in federal law. The author proposes to conduct electronic identification of the citizens’ appeals, which will reduce the number of anonymous complaints and claims from fictitious persons. The analysis considers only cases of abuse of the rights of dishonest applicants, and by citizens’ appeals, the author means the applications of citizens, associations of citizens, including legal entities. At the same time, the author emphasizes that the vast majority of applicants are honest citizens. The paper was prepared based on the general scientific dialectical method. The author used specific methods to prepare the publication: system-structural, formallegal, logical and comparative-legal.
Keywords:
citizens’ appeals, right to appeal, abuse of right, anonymous appeal, abuser, fictitious names, complaint, charges, civil servant, municipal servant, dishonest behavior, fictitious persons
Received:
April 12, 2022
References:
Sheikin V.V. Legal uncertainty in terms of considering anonymous reports. Zakonnost’. 2018. No. 1. P. 49–51. In Russian
Veshnyakov D.Yu. Characterization of public dissemination of knowingly false information about circumstances posing a threat to the life and safety of citizens (Art. 207.1 of the Criminal Code of the Russian Federation). Zakonnost’. 2021. No. 7. P. 36–40. In Russian
Yudin A.V. Abusing the right to appeal in cases concerning protection of honor and dignity of citizens, as well as business reputation of legal entities. Zhurnal rossiyskogo prava. 2006(a). No. 10. P. 108–114. In Russian
Yudin A.V. Appeals of citizens to the authorities. EZH-Yurist. 2006(b). No. 29. P. 7. In Russian
Articles in Open Access mode are published under the Creative Commons Attribution 4.0 International (CC BY) license.
