of April 27, 1993 No. 4866-1
About appeal in court of the actions and decisions violating the rights and freedoms of citizens
Each citizen has the right to appeal with the claim to court if he considers that wrongful acts (decisions) of state bodies, local government bodies, organizations, the companies and their associations, public associations or officials, government employees violate its rights and freedoms.
Responsibility of the government employee comes to recognize, observe and protect in connection with its obligation rights and freedoms of man and citizen according to article 3 of the Federal Law of May 27, 2003 N58-FZ "About System of Public Service of the Russian Federation", Articles 4, 15 and 18 Federal Laws of July 27, 2004 of N79-FZ "About the Public Civil Service of the Russian Federation".
Operation of articles of this Law concerning government employees extends also to local government officers in case of equating by their federal legislation to government employees.
Joint and individual actions (decisions), including submission of official information as a result of which, belong to actions (decisions) of state bodies, local government bodies, organizations, companies and their associations, public associations and officials, government employees which can be appealed in court:
the rights and freedoms of the citizen are violated;
obstacles to implementation by the citizen of its rights and freedoms are created;
illegally any obligation is assigned to the citizen or he is illegally brought to any responsibility.
Citizens have the right to appeal also failure to act of the bodies specified in part one of this Article, the companies, associations, officials, government employees if it entailed the effects listed in the same part of Article.
Each citizen has the right to receive, and officials, government employees shall give it access to the documents and materials which are directly affecting its rights and freedoms if there are no restrictions for information containing in these documents and materials established by the Federal Law.
The citizen has the right to appeal both the above-named actions (decisions), and information which formed the basis for making of actions (decision making) or that and another at the same time.
The data in written or oral form which influenced implementation of the rights and freedoms of the citizen and provided to the address of the state bodies, local government bodies, organizations, companies and their associations, public associations or officials, the government employees who made actions (which made decisions) with the established authorship of this information belong to official information if she is recognized court as the basis for making of actions (decision making).
According to this Law courts consider claims to any actions (decisions) violating the rights and freedoms of citizens except:
actions (decisions) which check is referred by the legislation to exclusive competence of the Constitutional Court of the Russian Federation;
actions (decisions) concerning which the legislation provides other procedure for judicial appeal.
The citizen has the right to address with the claim to actions (decisions) violating him the rights and freedoms or is direct in court, or to state body, higher according to the procedure of subordination, local government body, organization, the company or consolidation, public association, the official, the government employee.
Body, consolidation, higher according to the procedure of subordination, the official shall consider the claim in a month. If to the citizen grievance settlement it is refused or he did not receive the answer within a month from the date of its giving, he has the right to appeal with the claim to court.
The complaint can be made by the citizen whose rights are violated, or his representative, and also at the request of the citizen properly by the authorized representative of public organization, labor collective.
The claim is submitted at the discretion of the citizen or in court in the place of his residence, or in court in the location of body, consolidation, the official, government employee.
The serviceman has the right according to the procedure, provided by this Article, to appeal to military court with the claim to actions (decisions) of bodies of military management and military officials violating it the rights and freedoms.
Having taken cognizance of the claim, court at the request of the citizen or on the initiative has the right to suspend execution of the appealed action (decision).
Submission of the claim is paid with the state fee in the established size. The court can exempt the citizen from payment of duty or reduce its size.
For appeal to the court with the claim the following terms are established:
three months from the date of when the citizen knew of violation of its rights;
one month from the date of receipt by the citizen of the written notice of refusal of higher body, consolidation, the official in grievance settlement or from the date of the expiration of monthly term after submission of the claim if the citizen did not receive on it the written answer.
The submission due date of the claim missed on reasonable excuse can be recovered by court.
Any circumstances which complicated receipt of information on the appealed actions (decisions) and their effects, the stipulated in Article 2 presents of the Law are considered as reasonable excuse.
The claim of the citizen to actions (decisions) of state bodies, local government bodies, organizations, the companies and their associations, public associations, officials, government employees is considered by court on civil procedure rules taking into account the features established by this Law.
On state bodies, local government bodies, organizations, the companies and their associations, public associations, the procedural obligation documentary is assigned to officials, government employees whose actions (decision) are appealed by the citizen to prove legality of the appealed actions (decisions); the citizen is exempted from obligation to prove illegality of the appealed actions (decisions), but shall prove the fact of violation of the rights and freedoms.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.