Vnedreniye Smolny of special interfaces – "An electronic reception" and a portal "our Petersburg" – according to activists, violates the rights of citizens. Though communications by e-mail are not always convenient to applicants, and also can lead to damage to conscientious businessmen.
the Existing federal law guarantees to citizens the right to send to officials of the petition in electronic form. They are equated to written ("paper") addresses, are subject to obligatory registration and consideration in accordance with the established procedure. At the same time the technical format of sent messages does not make a reservation.
Ugly blocking
Approximately in the fall of 2015 Management on work with addresses of citizens of Administration of the Governor of Saint Petersburg blocked entering e-mail. The movement "Beautiful Petersburg" giving to citizens opportunity of sending addresses through the site and a mobile application faced one of the first this problem.
"They offer p convenient templates of texts on each problem of an urban environment and, thus, allow to simplify writing of addresses. Today administrations of the majority of districts of the city and city committees illegally refuse to citizens consideration of the addresses sent by e-mail. Thus recently information on official e-mail addresses began to disappear from the official sites of administrations and departments that also contradicts the legislation", – the project manager "Beautiful Petersburg" Vranski Krasimir to b>.
If the citizen nevertheless learned e-mail of division of Smolny, in response to the sent letter the automatic answer with refusal in consideration of the petition and the offer to use (http://gov.spb.ru/gov/elektronnaya-priemnaya-pre/elektronnaya-priemnaya-send/) the Electronic Reception service most often comes.
activists intend to Protect a right to use e-mail, having created judicial precedent. In already filed a lawsuit claim they challenge actions of administration Nevsky rayon, refused to consider the letter on irregular garbage removal from Bolshevikov Avenue. Initiators specify that the regulating order of consideration of addresses of citizens the federal law (No. 59-FZ) does not define any special requirements to a form , and the sent letter contained all necessary data and requisites.
"Beautiful Petersburg" were supported by human rights activists – team 29. Her lawyers appeal including to a position of Administration of the President of the Russian Federation: in 2013 the head of department of work with the addresses of citizens and the organizations Mikhail Mikhaylovsky explained that any messages which have arrived in government body are subject to registration and consideration as federal law No. 59-FZ do not define ways of receipt of addresses to body.
the Answering machine
Officials do not deny p that do not accept electronic letters. Though in Smolny recognize that on sites of all structures Government of Saint Petersburg have to be specified the official addresses e-mail. The head of department on work with the addresses of citizens Rudneva Helena refers to existing regulations of Government of Saint Petersburg: the amendments adopted in September, 2015 provide reception addressed to the governor, in the government and administration of addresses of citizens in shape are exclusive by means of the Electronic Reception service. And all arrived letters have to be registered, but the explanation goes to them with the reference for transition to "An electronic reception".
Though such policy are supported by not all structures of the city power. So, to Service of the state construction supervision and examinations assured the journalist of online newspaper "Fontanka.ru" to b>.
the Administration Nevsky rayon which actions became a reason for the judicial claim, ceased to accept e-mail since December 1, 2016: "Within transition of executive bodies of the government Saint Petersburg for work with addresses of citizens in shape , all e-mail addresses placed on the main pages. . are replaced with the active reference to the Electronic Reception service, – the first deputy head of administration Overchuk Sergei explained to the journalist of online newspaper "Fontanka.ru" .
the Key from mail
At the same time, it agrees the signed Dmitry Medvedev at the end of June, 2016 to the resolution, in "a case of representation by applicants of information necessary for implementation of powers of public authorities... in shape , such documents are signed by according to legislation requirements". Therefore officials of Smolny plan to accept addresses only from owners simple – the registered users of the Uniform portal of the state services and functions (record in Uniform identification and authentication system — ESIA). Of committee on informatization and communication are convinced that it will allow to exclude addresses on behalf of fictional persons or foreign persons. Besides, it is planned "zakonnektit" all correspondence with citizens for the relevant management of administration which will accept addresses, to register them and to distribute in profile departments.
Human rights activists consider by p this approach illegal: "Statements of citizens have to make sure only of cases directly provided by the law. For example – when receiving the state service in property right registration through the Uniform portal. For submission of other addresses use are not required", – the senior lawyer of team 29 Sukhikh Darya is convinced by .
Interrogated online newspaper "Fontanka.ru" experts expressed to p opposite opinions. Ippolitov Andrey from Law firm "Yepam" supported arguments of activists: "The mentioned resolution Government of the Russian Federation regulates use of for receiving the state and municipal services. Whereas the requirement for the certificate all addresses of the citizens sent to government body according to law No. 59-FZ in shape of (by e-mail or through a form on the official site), is not established. Jurisprudence adheres to similar approach", – the lawyer is convinced.
A here the lawyer of the Dentons company Braginets Anton believes that "in the conditions of operating regulation government bodies have all bases to accept the signed addresses of citizens": "The federal law provides that necessary for implementation of powers of government bodies and local governments information has to be provided in the form of the document signed by . The same requirement is duplicated in the adopted resolution Government of the Russian Federation", – Braginets Anton speaks.
the Gone letters
Use of "An electronic reception" allows applicants of complaints to guarantee at least receiving them to the petition. After form filling to the sender the notice with identification number according to which it is possible to trace address consideration comes. Even more functions provide a portal "our Petersburg" : on the special page all history of the problem, the expected term of the answer, data and phone of the responsible person, other information is displayed.
Whereas electronic letters quite often simply vanish, can get to spam and so on. Sukhikh Darya is convinced that any loss of the message by government body for the reasons not depending on the sender testifies to violation already from the department. "Within administrative legal proceedings officials should prove non receipt of the electronic dispatch", – the human rights activist explains.
However to prove the fact of sending e-mail, to the complainant it is necessary to pay not less than 4-5 thousand rubles for services of the privately practicing attendant of justice: "The citizen in notary office opens the e-mail, the notary unpacks it and testifies the signature and the press that this information was really posted online on an appropriate resource (in a mailbox). Such way always is accepted by vessels", – Sukhikh Darya speaks.
Though jurisprudence testifies that judges in controversial questions of delivery of virtual correspondence trust civil servants more. For example, the activist of the movement "Observers of St. Petersburg" Oding Aleksey had repeatedly legal proceedings with Federal Bailiffs service (Federal Bailiffs service), demanding to consider and respond to the petitions sent by e-mail. In some cases representatives of department denied obtaining letters, in others – referred to internal regulations, which as in Smolny, demanded sending messages only through a special form of feedback.
"As the electronic address the applicant is not issued by p on the sample placed on an Internet site of Federal Bailiffs service, the court agreed with argument of the representative of Federal Bailiffs service about lack of a duty on consideration of the address of the applicant in the order provided by federal law No. 59-FZ", – stated Municipal court of Saint Petersburg , rejecting the claim Oding Aleksey.
on the other hand, systems of feedback introduced by Smolny sometimes allow to complicate sending inconvenient complaints. For example, some users complain that moderators of a portal "our Petersburg" sometimes reject addresses about inaction of officials.
"Only if the complaint of the citizen is not buttressed up by p concrete by facts", – parry in committee on informatization and communication.
Antisocial anonymous letters
Come into force since January 1 of the amendment to the federal law regulating carrying out control actions in essence allow officials of supervising departments to accept complaints only through the Uniform portal, that is without . Not confirmed messages are not considered as the basis for carrying out unscheduled inspection of the company or the businessman.
Such norms are urged to protect law-abiding businessmen from anonymous complaints from outside both ill-wishers, and officials. In case of reasonable doubts in authorship of the complaint inspectors should take reasonable measures to its establishment. The audit begun on the basis of obviously false information can be stopped, and the person which has sent such slander should pay all damages caused to the conscientious company.
Netupsky Pawel for online newspaper "Fontanka.ru"
the Reference:
B 2016 Petersburg the authorities received nearly 130 thousand written addresses. The most part was addressed directly in Administration of the Governor of Saint Petersburg, 38 thousand petitions arrived "on public information systems". Most often questions of citizens concerned household service (37 percent), and housing (13 percent) and constructions (9 percent).
of Rather previous year correspondence volume in committees and other operating units increased by 30 percent, in regional administrations – 15 percent. Whereas in Smolny fixes almost double decrease in volume of addresses and connect it with operating procedure change with .