I. General provisions
1. Directive on the procedure of consideration of applications of citizens to the FCS of Russia (hereinafter– Directive) sets the procedure of registration and consideration of the applications of citizens, monitoring of their processing, arranging of reception of citizens.
2. The Directive shall not be applied to the cases of appealing of the decisions, action (inaction) of customs bodies and customs officers in accordance with Chapter 7 of the Customer Code of the Russian Federation (Collection of Legislative Acts of the Russian Federation, 2003, No 22, Clause 2066; No 52 (Part1), Cl. 5038; 2004, No 27, Cl. 2711; No 34, Cl. 3533; № 46 (Part 1), Cl. 4494; 2005, No 30 (Part
1), Cl. 3101; 2006, No 1, Cl. 15; No 3, Cl. 280; No 8, Cl. 854) and application of citizens in accordance with Clauses 23, 25 of the Customs Code of the Russian Federation for the purposes of control of the terms of processing execution.
3. The procedure of registration and consideration of the applications of citizens envisaged by the Directive shall not apply to the applications of citizens, the procedure of consideration for which has been established in criminal and criminal and procedural legislation, civil procedure, legislation of administrative violations and labor legislation of the Russian Federation.
4. The following mains terms are used for the purposes of the present Directive:
1) Application of a citizen – a written proposal, application or complaint, as well as verbal application of a citizen to the FCS of Russia sent to the FCS of Russia or to an officer of the FCS of Russia;
2) Proposal – a recommendation of a citizen on enhancement of laws and other regulatory legal instruments, activities of customs authorities, development of public organizations, improvement of social and economic and other spheres of the state and public activities;
3) Application – a request of a citizen for assistance in realizing of its constitutional laws and freedoms or constitutional laws and freedoms of other persons, or a message reporting on violations of laws or other regulatory legal acts, shortcomings in operation of customs authorities and their officers, or criticism of customs activities and actions of customs offices;
4) Complaint – a request of a citizen for restoration or protection of his/her rights, freedoms or legal interests or rights, freedoms or legal interests of other persons.
5. Organization of work on consideration of applications of citizens and their reception, including by management of the FCS of Russia, shall be conducted by the department for arranging work with citizens (Community liaison office of the FCS of Russia) of the Administration of the FCS of Russia (hereinafter – Liaison Office of the FCS of Russia).
6. Liaison Office of the FCS of Russia shall provide for timely forwarding of registered applications of citizens for consideration to relevant structural divisions of the FCS of Russia, customs authorities, and state agencies of the Russian Federation. Liaison Office of the FCS of Russia shall control the terms of processing the applications of citizens.
7. Written applications of executive officers of enterprises on a letterhead, or not on letterhead but with a ref. number duly signed with specification of position of the applicant and authenticated with a seal of the organization shall be registered in the department of documentation support of the FCS of Russia Administration head office.
8. Applications of individual entrepreneurs, and persons engaged in business activities without incorporating a legal entity, should be registered with the Liaison Office of the FCS of Russia.
II. Procedure of registration, consideration and actioning of written applications of citizens
9. Office administration on applications of citizens shall be conducted separately from other types of clerical work in the Administration of the FCS of Russia. Arranging of office administration of applications of citizens shall be conducted by the Administration of the FCS of Russia in accordance with the established order.
10. All written applications of citizens incoming to the FCS of Russia are subject for mandatory registration with the Administration of the FCS of Russia within three days. Registration of applications of citizens shall consist of filling out a registration-control from (hereinafter – RCF) in the automated retrieval system used by the FCS of Russia.
RCF form shall have the following main details of applications of citizens:
• Description of the type of application;
• The addressee;
• Name of applicant, address, date, outgoing ref. Number of the document;
• Date of registration of application, registration number;
• Number of pages of the application;
• Heading to the text of application;
• Abstract (brief content of the application, keywords);
• Department - performer;
• Period for performance of application;
• Resolution (performer, content of assignment, author, date);
• Circulation of application;
• Note on performance of the application and its filing.
The content of main details of registration depending on the character of application and the tasks of using information may be complemented by other details:
• Availability of supplements;
• Placing on control, intermediate terms of performance, transfer of the periods of performance;
• Topics of applications (rubricator);
• Joint review;
• Type of communication (mail, fax).
The regulations for automated retrieval system operation and the procedure of filling out RCF are detailed in the methods documentation of the FCS of Russia.
For all registered application there shall be issued registration control cards (hereinafter – RCC). RCC signed by the executive officer, responsible for documentation support (hereinafter – DSS) in the structural division, confirming the receipt of application shall be allocated to the control card index file of the Liaison FCS of Russia.
11. Registration number of a citizen’s application shall be formed of the initial letter of the surname of the author of application, numerical number of application, as well as letter "и", if the applicant is a foreigner (e.g., "А-0010", "К-0112", "Ж-1214и").
Registration number, date of registration and number of pages shall be specified in stamp of “citizens applications” of the FCS of Russia (Supplement No 1 to the Directive), which is to be imprinted in the right bottom corner of the first page of application. On applications signed by several applicants there will be letters "Кл" before the initial number. The envelopes, of the applications shall be preserved for identification, if need be, of the address of sender or confirmation of the date of sending and receipt of the application.
12. The applications of citizens, subject for consideration by the committees of the FCS of Russia (such as, Housing committee o the FCS of Russia), which register incoming applications independently in accordance with regulatory acts of the FCS of Russia, shall not be registered by the Liaison office of the FCS of Russia and shall be forwarded to the relevant committees for registration and actioning.
13. The applications received repeatedly from one and the same person on one and the same subject, shall be deemed repeated, if more than one month elapsed after consideration of the initial application started or in case when an applicant is not satisfied with the response received. A repeated application shall be assigned a subsequent registration number and the RCF form of the application will bear a relevant note about that.
14. An application from one and the same person on one and the same subject, sent to different addressees and sent for solution by the FCS of Russia when such an application is available at the FCS of Russia, shall not be deemed repeated applications and shall be accounted for by the registration number of application, sent by the applicant directly to the FCS of Russia, added with numerical number, written with a slash (e.g., К-0025/2), and in doing so, the RCF form shall bear a relevant note about that.
15. It is forbidden to send complaints of citizens for solution to customs offices of executive officers, whose decisions or action (inaction) are appealed against.
16. Written application, containing the issues, solution of which does not belong to the competence of the FCS of Russia, shall be forwarded within seven days from the date o registration to a relevant body or relevant executive officer, competent in making decisions on the subjects raised in such application, with notification of the citizen, who sent such application, about readdressing of the application.
17. A written application should have either the name of the body, to where such application is addressed, or full name of the executive officer, or position of the executive officer, along with the full name, including patronymic (if any) of the citizen, mailing address, to where a response is to be sent, notification of readdressing of application, statement or complaint, signature and the date.
18. No answer shall be given to the application, which does not have the surname of the author and mailing address to where such response is due. The contents of the letters shall be described to the management of the FCS of Russia, if they contain the information about an unlawful action which is being prepared or which has been committed, as well as about the person, engaged in its preparation, committing or which has committed such action.
19. Should a written application contain obscene or insulting wording, threats to life, health or property of executive persons of the FCS of Russia, as well as to the members of their families, such application shall receive no response with regard to the issues raised, while the citizen, who sent such application, shall be informed about inadmissibility of the abuse of right
20. In case when text of a written application is unreadable, there will be no response and shall not be forwarded to structural divisions of the FCS of Russia, and the citizen, who has sent the application shall be informed about it as long as his/her name and mailing index on envelope are readable.
21. If a written application of citizen has an issue to which this citizen has been given written responses on the matter several times, and when in such application there are no new arguments or circumstances, the head of a structural division of the FCS of Russia or the person, acting in his/her capacity, shall be entitled to take a decision with respect to lack o justification of such repeated application and termination of correspondence with the citizen in question provided that the application and the earlier applications had been sent to the FCS of Russia. The citizen who had sent this application shall be informed about the decision to stop correspondence by the structural division engaged in it.
22. When a response on the matter of the issue raised in the application may not be provided without disclosing the information, which is state secret or any other secret protected according to the law, the citizen, who has sent the application shall be informed about impossibility of be given a response to the application on the issue raised in it with a reference to the confidentiality of the specified information.
23. The applications of citizens addressed to specific executive officers, as a rule, shall be directed to such officials. The applications addressed to the management of the FCS of Russia, when the issues raised do not require directions from the management of the FCS of Russia, shall be sent directly to the structural divisions of the FCS of Russia or to other competent customs bodies of the Russian Federation.
24. The applications of citizens, arrived via information systems of common use, shall be reviewed as per procedure, established in the present Directive, and should contain full name, including patronymic – when appropriate of the applicant, mailing address, for the response or notification about readdressing of response, e-mail address, the gist of proposal, statement or complaint.
25. Response to applications, received via general means of communication, shall be sent to mailing address, specified in the application.
26. After consideration by the management of the FCS of Russia, the applications of citizens shall be returned to the Liaison Office of the FCS of Russia – from the Head of Administration, with resolutions of Deputy Head of the FCS of Russia – from assistants of Deputy Heads of the FCS of Russia. The officers working in the Liaison Office of the FCS of Russia shall transfer to RCF forms the content of resolutions and shall forward the applications fro actioning in accordance with the assignments of the management of the FCS of Russia.
27. On each of the applications of citizens, after its registration with relevant structural division of the FCS of Russia, there shall be taken one of the following decisions:
• On acceptance of the applications for consideration;
• On handing over of an application for actioning to another structural division of the FCS of Russia or any customs body with due notification of the applicant;
• On forwarding the application to state authorities of the RF as per their competence, should these issues go beyond the competence of the FCS of Russia, with notification of the applicant;
• On leaving the application without any consideration should its contents be devoid of any logic and sense, with notification of the applicant;
28. When in the applications of citizens along with the issues, related to competence of the FCS of Russia, there are issues which are better to be considered by other state authorities of the RF, then within seven days from the date of registration, the division assigned to action the application shall forward the copies of such applications as per their competence to the relevant authorities, with notification of the applicant;
29. With the assignment of the management of the FCS of Russia forwarding of the applications of citizens to another structural division shall be carried out only with agreement of the management of the FCS of Russia. The structural division – supposed to action the application should write a memo to the Head of the FCS of Russia (Deputy Head of the FCS of Russia), who had given the assignment earlier.
30. Handing over of applications of citizens from one structural division to another, including the applications as per competence of structural bodies shall take place according to the resolution of the management of the FCS of Russia via the Liaison Office of the FCS of Russia. Then the required information shall be filled out in the RCF form, and after that the applications shall be handed over for actioning to another structural division of the FCS of Russia as per their competence.
31. Response to the applicant shall be written on the letterhead of the FCS of Russia in accordance with the directive of record maintenance of the FCS of Russia without specification of the rank of the official – the signatory of the response, name of performer, phone number. The surname of the performer and its phone number shall be specified on the second counterpart, which is subject to the approval. The prepared document shall arrive to the Liaison Office of the FCS of Russia for registration.
The outgoing number of document is made up of the index file as per nomenclature, formed on the basis of the issue, and incoming registration number (e.g., 01-174/А-0010, 01-174/Ж-1214и). The RCF form of the application shall have notes on its processing progress. A new copy of RCF shall be printed out with notes on progress of processing of the application and then it will be filed with card index file of the actioned applications (the previous RCF forms shall be deleted). When a written response is not sent, the RF form shall bear a record about it and a new RCF shall be printed out.
Responses to public applications shall be sent to the name of the first signatory of such application (when such application has no reference to any specific contact person), in separate cases – to all signatories.
32. Responses to foreign authors of applications, who are residents of foreign states, shall be sent in accordance with the established procedure. The address on envelope, with mailing code of the author should be written in the Russian language, and it should be complemented with the same using Latin alphabet (or address in a foreign language, specified by the author in the application).
33. The applications of citizens shall be deemed resolved, when all the issues they touched upon have been considered and resolved, and all necessary measures have been taken and the authors have been provided with responses.
34. Responses to the applications of citizens are expected to have arguments, when possible with reference to the applicable legislations norms of the Russian Federation, with explanation of all raised issues, and when an applicant is refused of satisfaction, - they should have clear explanation of the appealing procedure of the decision taken with the specification of the body (or official), which are to be addressed when sending the appeals.
35. The documents related to consideration of applications of citizens, after taking decision and their performance there should be made a note - "To be filed" with specification of the file index as per nomenclature and the official who has made the decision should sign it. An appropriate record shall be made in the RCF application.
36. The files, formed on the applications of citizens in accordance with the nomenclature of the Liaison Office of the FCS of Russia, shall be kept in the. The files, formed as per applications of citizens in accordance with the nomenclature of files of structural divisions - performers, shall be kept with the structural divisions. The applications of the citizens registered and considered at the committees of the FCS of Russia, shall be stored of the committees in accordance with the established procedure.
37. Relevant structural division of the FCS of Russia shall make up and keep the files on complaints of citizens with regard to actions (inaction) of customs bodies and their officers.
38. When forming the files, the correctness of assignment of the case and its filing will be verified along with verification of its completeness. The documents in the files should be allocated chronologically. The applications of citizens not resolved, as well as the documents processed erroneously shall not be attached to the files.
39. The files with applications of citizens shall be destroyed when the period of their keeping expires in accordance with the established procedure.
III. Control over performance of the assignments for consideration of applications of citizens and the period of consideration
40. All registered applications requiring actioning are subject to control.
41. Control over the application received shall commence as soon as it is registered and shall be ceased on registration of the response sent to the author of such application.
42. Control over performance of the applications of citizens shall be conducted by the management of the FCS of Russia, heads of structural divisions of the FCS of Russia, Liaison Office of the FCS of Russia, services of office management of the FCS of Russia.
43. Applications of citizens are started to be considered as of the date of their registration, and completed as of the date of registration of the official response.
44. Control shall be removed by the management of the FCS of Russia or on its assignment by the Administration of the FCS. An intermediate response to the application is given to the application or its reassignment to another official or structural division shall not serve as justification for removal of control.
45. All the information on progress and results of performance shall be filled out in relevant boxes of the RCF form of the application.
46. A written application, received by the FCS of Russia, shall be considered within 30 days from its registration.
47. In exceptional cases, as well as in cases of sending a request for additional materials the terms of consideration may be prolonged by the Liaison Office of the FCS of Russia, but not longer than for 30 days with notification sent by the division performer regarding prolongation of the terms of consideration sent to the author of such application.
48. Control over the period of consideration of applications of citizens, with complaints on decisions, actions (inaction) of customs bodies and their officials, in accordance with Chapter 7 of the Customs Code of the Russian Federation shall be performed by the relevant structural division of the FCS of Russia. In these cases the RCF forms shall have a note "To be controlled by the structural division", which is to be printed out in the registration control cards - RCCs of the application.
49. The Liaison Office of the FCS of Russia shall write weekly information on progress of consideration of applications of citizens in the structural divisions of the FCS of Russia, as well as semi-annual and annual reports on work with the applications of citizens at the FCS of Russia and customs authorities, shall analyze the content o the incoming applications, shall take measures on timely identification of violations of the rights, freedoms and lawful interests of citizens.
IV. Arranging of reception of citizens
50. Reception of citizens, applying to the FCS of Russia, shall be conducted by the officials of the Liaison Office of the FCS of Russia, in charge of reception.Reception of citizens shall be conducted in special premises of the Liaison Office of the FCS of Russia.
51. When a citizen is given a personal reception such citizen is expected to have personal identification documents.
52. The content of verbal application of a citizen shall be taken into account in the RCF form of automated retrieval system, to be filled out in accordance with the requirements of methods documents of the FCS of Russia.
Officials of the Liaison Office of the FCS of Russia shall be entitled to within the limits of their competence to:
• Explain to citizens the procedure of application to the FCS of Russia and customs authorities of the FCS of Russia;
• Accept a written application as per procedure established (Supplement No 2 to the Directive) with specification of the request, when verbal explanations or written responses of customs body and the FCS of Russia have not satisfied the citizen, and the issues touched upon in the application require additional consideration or checking, and when necessary explain the procedure and the terns for its consideration.
53. A written application, accepted during a personal reception, should be registered and considered as per procedure, established in the present Directive.
54. In the necessary cases, the officials from relevant structural divisions of the FCS of Russia should be invited for explanation of the issues touched upon by citizens.
55. A citizen may be refused in further consideration of the application in the course of personal interview, if it turns out that the citizen has already been given a response on the matters raised in the applications.
56. When solution of the issues raised in the course of reception does not belong to the competence of the FCS of Russia, this fact shall be pointed out to the citizen, and such citizen shall be explained to what state authority of the RF or foreign state he/she should turn with his/her application.
57. Reception of citizens by the Head of the FCS of Russia, his deputies or on their assignment by other officials, authorized to take decisions related to their competence, shall be carried out in accordance with the schedule of citizens reception, approved on quarterly basis by the Head of the FCS of Russia.
58. Citizens on familiarization in the Liaison Office of the FCS of Russia with the schedule of reception of citizens by the management of the FCS of Russia and the schedule of reception of citizens by the heads of structural divisions of the FCS of Russia, shall fill out a request (Supplement No 2 to the Directive) for an interview with the management of the FCS of Russia or by the heads of structural division of the FCS of Russia with the specification of the issue and with attachment to the request of all required, in the opinion of applicants, documents.
59. The request will then be handed over to the officials of the Liaison Office of the FCS of Russia, which are to fill out the specified information in the register book for reception of citizens by the management of the FCS of Russia and the heads of the structural divisions of the FCS of Russia (Supplement No 3 to the Directive), shall be taken into account in the RCF form by the automated retrieval system and shall be handed over for consideration to other liaison offices of management of the FCS of Russia and heads of structural divisions.
back to list...