ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of March 19, 2012 No. 370

About approval of the Instruction for consideration of offers (notes), statements (petitions) and claims of citizens in Public service of financial monitoring of Ukraine

According to article 40 of the Constitution of Ukraine, the Law of Ukraine "About addresses of citizens", the Presidential decree of Ukraine of February 07, 2008 No. 109 "About first-priority measures for ensuring realization and guaranteeing constitutional right on the appeal to public authorities and local government bodies", the resolution of the Cabinet of Ministers of Ukraine of April 14, 1997 No. 348 "About approval of the Instruction on clerical work according to addresses of citizens in public authorities and local self-government, associations of citizens, at the companies, in organizations, the organizations irrespective of patterns of ownership, in mass media" PRIKAZYVAYU:

1. Approve the Instruction for consideration of offers (notes), statements (petitions) and claims of citizens in Public service of financial monitoring of Ukraine which is applied.

2. (Chmeruk M. O.) to provide to department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the First Deputy Minister Myarkovsky A. I.

Approved by the Order of the Ministry of Finance of Ukraine of March 19, 2012 No. 370

The instruction for consideration of offers (notes), statements (petitions) and claims of citizens in Public service of financial monitoring of Ukraine

І. General provisions

1.1. This Instruction is developed according to requirements of article 40 of the Constitution of Ukraine, the Law of Ukraine "About addresses of citizens", the Presidential decree of Ukraine of February 07, 2008 No. 109 "About first-priority measures for ensuring realization and guaranteeing constitutional right on the appeal to public authorities and local government bodies", resolutions of the Cabinet of Ministers of Ukraine of April 14, 1997 No. 348 "About approval of the Instruction on clerical work according to addresses of citizens in public authorities and local self-government, associations of citizens, at the companies, in organizations, the organizations irrespective of patterns of ownership, in mass media", the Standard instruction on clerical work in the central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, local executive bodies, Ukraine approved by the resolution of the Cabinet of Ministers of November 30, 2011 No. 1242, also establishes procedure for consideration of addresses of citizens in Public service of financial monitoring of Ukraine (farther Gosfinmonitoring) and maintaining the corresponding clerical work.

1.2. All addresses of citizens which arrive to Gosfinmonitoring are subject to obligatory classification on the stipulated in Clause 3 Laws of Ukraine "About addresses of citizens" to types, namely:

the offer (note) - the address of citizens where express council, the recommendation concerning activities of public authorities and local self-government, deputies of all levels, officials, and also opinions concerning settlement of the public relations and living conditions of citizens, enhancement of the legal basis of the state and public life, welfare and other fields of activity of the state and society are expressed;

the statement (petition) - the address of citizens with request for assistance of realization by the fixed Constitution of Ukraine and the legislation of Ukraine of their rights and interests or the message on violation of the law or shortcomings of activities of the companies, organizations, organizations irrespective of patterns of ownership, People's Deputies of Ukraine, deputies of local councils, officials, and also the statement of opinion concerning improvement of their activities. The petition - the written request with request for recognition for person of the corresponding status, the rights or freedoms and so forth;

the claim - the address with the requirement about renewal of the rights and protection of the legitimate interests of citizens violated by actions (divergence), decisions of state bodies, local government bodies, companies, organizations, organizations, associations of citizens, officials.

1.3. Addresses for the benefit of minor and incapacitated persons move their legal representatives.

The address for the benefit of the citizen can be submitted by other person, labor collective or the organization performing human rights activities who received the appropriate authority which is drawn up in the procedure established by the legislation from the citizen.

1.4. The address can be submitted by the individual (individual) or group of persons (collective).

The address can be oral or written.

The oral address is stated by the citizen on personal acceptance or by telephone communication through the telephone "hot lines" determined in Gosfinmonitoringa and registers (is registered) the official.

The written appeal is sent by mail or transferred to Gosfinmonitoringa personally or through person authorized by the citizen whose powers are drawn up according to the legislation. The written appeal can be also sent with use of the Internet, means of electronic communication (the electronic address).

In the address surname, the name, middle name, the residence of the citizen shall be entered, the essence of the raised question, notes, offers, statements or claims, requests or requirements is stated. The written appeal shall be signed by the applicant (applicants) with indication of date. In the electronic address the e-mail address to which the answer, or data on other means of communication with it can be directed to the applicant also shall be specified. Application of the digital signature when sending the electronic address is not required.

The address which is drawn up without observance of the specified requirements returns to the applicant with the corresponding explanations not later than in ten days from the date of its receipt, except the cases provided by part one of article 7 of the Law of Ukraine "About addresses of citizens".

Addresses of the citizens having the privileges established by the legislation are considered in first-priority procedure.

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