Механізм адміністративного провадження за зверненнями громадян: правові аспекти та особливості реалізації

The article is devoted to highlighting the features of the mechanism for submission and consideration of administrative proceedings at the request of citizens. It is established that the effectiveness of the protection of the rights, freedoms and legitimate interests of citizens from any categories of violations by the subjects of power directly proportionally depends on the effectiveness of the legal regulation of the guarantee of the exercise of constitutional rights, including the right of citizens to appeal. The interpretation of the term «administrative proceedings», the definition of which is enshrined in the legal norms of the Law of Ukraine «On Administrative Procedure», is clarified for a thorough understanding of the legal meaning of this administrative and legal institution. In order to provide the most objective assessment of the effectiveness of administrative proceedings at the request of citizens in Ukraine, the foreign experience of some countries in the practice of implementing the legal category under consideration has been studied. As a result, certain individual differences in the procedure for exercising the right to appeal have been established, but in the international plane, the absolute effectiveness of the mechanism for exercising the right to appeal has been revealed. Having analyzed the current legislation of Ukraine, it was determined that in Ukraine the classification of citizens’ appeals determines the allocation of three types of appeals: proposal (comment), application (petition) and complaint. In order to outline the sequence of implementation of administrative procedural legal relations in this sphere, the system of stages of administrative proceedings on citizens’ appeals has been characterized with further explanation of the importance of the administrative and legal mechanism for considering citizens’ appeals. Based on the research study of the subject, the classification of subjects of proceedings on citizens’ appeals is studied. The article presents statistical data that synthesize the number of appeals submitted by citizens of Ukraine to various state bodies. It is found that citizens’ appeals are divided into written and oral, as a result of which the key legal aspects of submitting and considering citizens’ appeals to public administration bodies are analyzed. It is generalized that administrative proceedings at the request of citizens have certain features of implementation, but they are an effective tool and procedural means of protecting citizens from violations by the authorities.