Savoskin Alexander
Abstract. Article 33 of Constitution of the Russian Federation provides the right of citizens to address state authorities and local self-governments. However, the Federal Law “On the order of consideration of appeals of citizens of the Russian Federation” contains the statutory definition of the term “appeal”, but it is limited to the enumeration of its varieties; in the best, it points to the destination but does not reflect the features of appeal as legal and factual category. The article presents the lexical and legal study of the term “appeal”, as well as the analysis of the practice of its application in the legislation. The author concludes that the term “appeal” should be used only in close conjunction with the additional term clarifying its content. Based on the works of other researchers, international experience and regulations, the author of article formulates the following definition of the term “citizen’s appeal”: it is the will of the individual (groups of individuals, or associations); it is the subject of mandatory review; it corresponds to regulatory-established rules; it is expressed in the form of written, oral or tacit demands of implementation of rights, freedoms and legitimate interests; it is addressed to the state authorities, local government body or organization carrying a significant public function, as well as to their officials. Thus, the features of the appeal are: 1) mandatory review; 2) particular subject of the will; 3) action as objective side; 4) special procedural form; 5) purpose; and 6) destination. These six characteristics are necessary and sufficient; the proposed definition not only describes citizen’s appeal from factual and legal points of view, but allows to distinguish it from other related categories. The definition reflects the recent changes in legislation regarding the change of the subject composition (by including citizens’ associations), and the destination (due to including state [municipal] institutions and organizations implementing publicly important functions into the law on appeals).
Keywords: citizen appeal; concept of appeals; applicant; legislation of appeals; destination of appeal; purpose of appeal.