One of the important tasks for us citizens is to work together to ensure that civil servants, deputies, officials and authorities fulfill citizens’ rights and laws. According to the Law «On Citizens’ Appeals», we have the right to appeal to the authorities and officials about violations of the law and the identified shortcomings of their work. This law establishes the procedure for consideration of appeals and the rights of citizens when considering applications and complaints. Article 2127 of the Code of Administrative Offenses establishes administrative liability for violation of the Law of Ukraine «On Citizens’ Appeals», and Article 255 gives the right to draw up a report on an administrative offense under this article only to the Commissioner for Human Rights. about administrative violations. Why?
Dmytro Kachur once again appealed to the court to recognize the illegal inaction of the Verkhovna Rada of Ukraine Commissioner for Human Rights Lyudmila Denisova in considering his appeal and to oblige the Commissioner Lyudmila Denisova to properly consider Kachur's appeal in accordance with the procedure established by the Law of Ukraine "On citizens' appeals ".
What rights of Dmytro Kachur has violated? Not every citizen knows that in case of appeals to the authorities, they have the right to be present at the review of the complaint, to personally present arguments to the person who examined the application or complaint, and to participate in the verification of the application or complaint. As a rule, taking advantage of our general ignorance, officials in response to our appeals traditionally write back: “Your appeal has been considered. There is no reason to react”. That's it.
However, Dmytro Kachur was not satisfied with such phrases of officials. He was well aware of the applicant's rights and therefore applied to the Ukrainian Parliament's Commissioner for Human Rights, Lyudmyla Denisova, for protection of the violated rights. However, Lyudmila Denisova ignored Dmytro Kachur's statement as an annoying fly. Like, do not interfere with work. Dmitry had no choice but to go to court.
And now the court has recognized the Commissioner of the Verkhovna Rada of Ukraine for Human Rights Lyudmyla Denisova - a violator of civil rights. But Lyudmila Denisova disagreed with the court's findings and filed an appeal, noting that Dmytro Kachur came to review the applications with journalists, videotaped them, which put pressure on the inspectors. Are you not surprised by this position of the Commissioner? Dmytro Kachura was very surprised, especially after he got acquainted with the position of the Supreme Court of Ukraine, set out in the Resolution on the case № 826/12287/16 of 31.01.2019: “Mr. 17 st. 18 of the Law of Ukraine "On Citizens' Appeals" provides that the person who filed the application or complaint has the right to personally present arguments to the person who examined the application or complaint, and participate in the verification of the application or complaint, be present at the application or complaint ».
Thus, the specified rights, according to Art. 19 of the Law № 393/96-VR are provided with the obligation at the request of a citizen to invite him to a meeting of the relevant body that considers his application or complaint.
“The Supreme Court notes that the procedure and terms of consideration of citizens' appeals are regulated by Law № 393/96-ВР, which is special on these legal relations. Local legal acts on the procedure and terms of consideration of citizens' appeals are applied to these legal relations in the part that does not contradict the special law № 393/96-ВР ».
Perhaps Lyudmila Denisova does not know about these court decisions, if she still continues to consider applications in the absence of the applicants?
Dmytro Kachur addressed the President of Ukraine Volodymyr Zelensky as a guarantor of the Constitution and demanded to take measures to remove this citizen from office, to file a criminal complaint for non-compliance with court decisions and to take measures to protect Dmytro Kachur's rights. But he has not yet received an answer to his appeal.
Meanwhile, the decision of the appellate court was unequivocal: the court found illegal inaction of the VRU Commissioner for Human Rights Lyudmila Denisova in considering the appeal of Dmitry Kachur, and ordered Lyudmila Denisova to properly consider the appeal of DM Kachur in accordance with the Law of Ukraine "On citizens' appeals ".
Each of us must understand that we are given enormous rights in the management of public affairs and control over the activities of officials and authorities, but for this we need to work: read Art. Art. 3, 5, 40 of the Constitution of Ukraine and the Law of Ukraine "On Citizens' Appeals", draw up and submit an application, seek its consideration in accordance with the requirements of the Law and fulfill the rights of a citizen specified in the Law.
Whether a citizen becomes a source of power depends on each of us and our actions.
#LyudmilaDenisova #President #CitizensRights
голова Правління ГО «Офіцери, громадяни, вільна Україна»