Savoskin A.V.

Purpose. Study of bylaws on citizens' appeals in the system of normative regulation of constitutional rights on appeal with the aim of developing proposals on legislation improvement and law enforcement practice. Methods. Based on systematic-structural, formal-legal, logical and comparative-legal methods the author analyzed bylaws on appeals on a federal level, level of the RF subjects and local self-government level, including the reasons of mass cancellation of administrative orders on consideration of citizens' appeals. Results. The author offered a system of bylaws on appeals. All the bylaws on appeals are divided into acts adopted within the framework of delegated law making and acts adopted according to the order of usual bylaw rule making, which do not contain independent normative content. The author found out the facts of bylaws adoption on citizen's appeals about breaking rules of the Federal law “On the order of consideration of citizens' appeals of the RF”; formulated proposals on improvement of legislation on appeals (both on the level of laws and the level of bylaws). Scientific novelty. Scientific novelty is in systematic research of bylaws on citizens' appeals. The author proposed the system of bylaws on appeals, which can be applied to all levels of public power in Russia; investigated the problem of existence of administrative regulations for provision of state (municipal) service on consideration of citizens' appeals reproduced by collision of federal laws “On the order of consideration of citizens' appeals of the RF” and “On the organization of state and municipal services provision”.

Purpose. The study of the status of individuals, groups of citizens and associations of citizens (legal entities) as the subjects of will declaration within the meaning of Article 33 of the Constitution of the Russian Federation. Methods. On the basis of the systematic structural, formal, legal, logical and comparative-legal methods the acting legal regulation of the status of subjects of the constitutional right to appeal are analyzed. Results. A system of subjects of the constitutional right to appeal is provided. The subjects of will declaration: citizens, groups of citizens, their associations and legal entities are identified. Legal status of each of these subjects is analyzed. The author particularly studied the status of associations of citizens and legal entities and the reasons for their inclusion in the Federal Law "On the order of consideration of the RF citizens’ appeals" as the new subjects of the right to appeal. Foreign experience of regulating the legal persons’ right to appeal is also considered. The problems of legal capacity in relation to the institution of legal appeals are researched. Proposals for improving the legislation of appeals are given. Amendments clarifying the scope of the Federal Law "On the order of considering the RF citizens’ appeals" are proposed and the reduction of age (to 14 years) required for individuals to exercise their constitutional right to appeal is justified. Scientific novelty. Scientific novelty of the system lies in the systemic study of the subjects of the constitutional right to appeal. Classification of the subjects of will declaration is proposed. Legal entities and associations of citizens as "new" subjects of the constitutional right to appeal are analyzed. It is proposed to regulatory formalize the concepts of the terms applicant and organization. The problem of the age at which citizens acquire the right to appeal is researched.