Why is it important to adopt the new Law “On Appeals” and what should be its content

The current Law of Ukraine “On Appeals of Citizens” was adopted in the late 1990s, shortly after the adoption of the Constitution. In its preamble, two constitutional rights are mentioned – to appeal (Article 40) and to participate in the management of state affairs (Article 38).

Citizens exercise these rights by submitting proposals, statements or complaints. Since 2015, another tool has been added to this list – electronic petitions.

But despite providing an interpretation of the types of appeals, the Law does not fully delimit them. For example, an appeal by citizens with a request for assistance in the realization of their rights and interests, and a notification of a violation of the law, and even an opinion regarding the improvement of the work of the body are called “statements”. It is obvious that these are fundamentally different appeals, but the same rules were established for their consideration.

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Moreover, the current Law has significantly expanded the range of entities to which citizens can apply. In addition to state authorities and local self-governments, their officials, the Law also guarantees the possibility to apply to enterprises, institutions, organizations regardless of the forms of ownership and associations of citizens. All of them are obliged to consider the appeal and provide an answer.

What has changed the Law “On Administrative Procedure” On December 15, 2023, the Law of Ukraine “On Administrative Procedure” (ZAP) entered into force. It, among other things, regulates the procedure for consideration of applications and complaints of individuals and legal entities in relations with public administration – bodies of executive power, local self-government and other entities performing the functions of public administration.

The basis of this Law lays down the standards of proper administration, which are acceptable to the EU states, – the right of a person to be heard, access to case materials, the duty of public administration to justify its decisions, etc. It is the ZAP that encourages the public administration to act from the standpoint of people-centrism, for example, forbidding to refuse the registration of an application submitted with an incomplete package of documents, obliging to independently request the necessary documents for consideration of the case from other bodies, and not to impose such an obligation on the applicant.

In connection with the adoption of the ZAP, Article 12 of the Law of Ukraine “On Appeals of Citizens” was supplemented with part of the following content: “If the resolution of issues raised in applications (petitions) and complaints of citizens belongs to the subject of regulation of the Law of Ukraine “On Administrative Procedure”, they are considered in the manner established by the said Law of Ukraine.” Thus, most of the applications and complaints of individuals and legal entities are now considered in accordance with the ZAP.

For example: when a person submits an application for state registration of a plot of land, acts of civil status, real rights to real estate, vehicles, passport registration, issuance of a license, permit, etc., his application is considered precisely according to the norms and standards of the ZAP.

At the same time, the situation when both laws – “On citizens’ appeals” and “On administrative procedure” – establish rules for consideration of appeals, complicates their application, primarily in the matter of delimiting their scope.

In order to correct this, in 2024 the Government submitted to the Verkhovna Rada of Ukraine a draft of the new Law “On appeals”. Its purpose is to demarcate the scope of the two laws and to clearly define which rules apply to the consideration of different types of appeals.

What does the new draft law “On appeals” offer The draft Law “On appeals” contains a number of new provisions, the main ones of which are the following:

The draft law regulates the procedure of consideration applications only “proposal” typethat is, those that contain suggestions, comments, recommendations or problem messages. That is, those that do not directly concern the rights of a specific person. All of them are combined into a single category of “appeals” and uniform rules for consideration will be established for them.

Establishes the right to apply not only for individuals, but also for legal entities and public associationswhich do not have the status of a legal entity. The current Law “On Appeals of Citizens” applies only to appeals submitted by citizens, foreigners, and stateless persons.

The right of legal entities to submit proposals, statements and complaints is currently regulated by other legislative acts.

Bill does not oblige all subjects of entrepreneurial activity, as well as public organizations, to consider appeals, as provided by the current Law “On Appeals of Citizens”. A person can address a proposal or remark to those enterprises, organizations, institutions, non-profit organizations that provide public interest through their activities (for example, provide services in the fields of education, health care, provision of housing and communal services, etc.). Limitation of the obligation to consider appeals by these subjects is fundamentally important, because it allows to relieve other economic subjects and public organizations of excessive burden regarding the mandatory consideration of appeals and providing an answer to them. This provision harmonizes the draft Law with Art. 40 of the Constitution of Ukraine.

Guarantees that the appeal will be considered and an answer will be provided. However, the project does not provide for the right of a person to be heard during consideration of his appeal, as it is fixed in the ZAP. This approach is fully justified, because if the case concerns the rights, freedoms and legitimate interests of a person, then the ZAP is applied. When a citizen makes a recommendation to a government body or points out shortcomings in its activities, based on the results of consideration of such an appeal, no decision will be made regarding the person who submitted this appeal, only a response will be given to him. This will allow the public administration to promptly consider appeals, respond to them, and not delay the review process due to hearing the person.

Establishes the possibility of personal reception not necessarily by the head of the body, but also by an authorized person. These can be specialists of departments, departments, deputy heads. This approach is also fully justified, because when, for example, a minister makes a personal reception, he will be able to receive a limited number of citizens in a certain time, but he will not at that time fulfill his main purpose – to form state policy. Instead, another authorized person is obliged, as well as the head of the body, to consider the appeal and respond to the person.

The current version of the draft law “On appeals” eliminates gaps in the legal regulation of citizen appeals and delimits the procedure for consideration of their various types.

When a person applies to the public administration with an application for state registration, obtaining a permit, license, issuing a passport, etc., such an application is considered in accordance with the ZAP.

If a person does not agree with the decision of the body, the body delays making a decision, or the person is assigned an obligation not provided for by law, then in accordance with the ZAP procedure, the person may ask criticize such decisions, actions or inactions.

If a person has ideas for improving the activities of public administration or wants to report shortcomings or violations, such appeals must be considered according to the rules laid down in the Law “On Appeals”.

Therefore, the adoption of the Law of Ukraine “On appeals” in the version submitted to the Verkhovna Rada of Ukraine will allow to introduce legal certainty in the question of which rules to apply for consideration of this or that type of appeal.

Iryna Boyko

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