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Appeal procedure in case of refusal to provide public services
In accordance with the Administrative Regulations for medical and social assessment (hereinafter – Regulations) refusal to provide public services is not allowed (paragraph 29 of the Regulations).
In cases of incomplete documents’ set necessary for provision of public services in accordance with paragraph 24 (paragraph 25, paragraph 26) of the Administrative Regulations, or provision of documents executed in violation with requirements provided by legislation of the Russian Federation, recipient of public service (its legal representative) shall be issued a decision to postpone deadline for medical and social expert assessment prior to submission of all required documents.
The decision to postpone deadline for medical and social expert assessment prior to submission of all required documents and necessary explanations on it designed in paper form, should be signed by head of the relative office (main office, Federal office), sealed with office seal (main office, Federal office) and issued personally or sent by post to the recipient of public services (its legal representative).
Electronic documents provided by this paragraph shall be documented with a digital signature and are sent through a unified portal of public and municipal services
Paragraph 104 of the Regulations provides pre-trial procedure of appeal in case of refusal to provide public services:
104. Recipients of public services shall be entitled to appeal actions (or inaction) and decisions taken during provision of public service, actions (inactions) and decisions of specialists of the Federal office, main office, offices involved in provision of public services on the basis of statement submitted to the high-level authorities : to the FMBA of Russia (head, deputy head), the Ministry of Health and Social Development of the Russian Federation (the Minister, the Deputy Minister) – in pre-court way as well as to the court.
112. Statement of recipients of public services (hereinafter - the statement) are reviewed within 30 days from the date of statement’s registration.
In exceptional cases the responsible official or authorized employee of the authority or institution, that received statement, shall be entitled to extend the term for statement’s review by not more than 30 days, notifying recipient of public service who sent statement about extension of its review.
113. Statement with complaint to actions of officials of authorities and agencies involved in the provision of public services shall contain the following information:
- Last name, first name, middle name (if any) of the recipient of public services, postal address and/or e-mail address to which the answer, notification about readdressing of statement should be sent;
- Name of authority and agency involved in provision of public services, job title, last name, first name, middle name of the employee (if there is any information), actions (inaction) and decisions of which are appealed;
- contest of appealed action (or inaction) and decisions.
114. Statement of recipient of public service can be sent in the form of paper or electronic documents.
Statement of recipient of public service filed in paper form shall be certified by personal signature of the citizen (its legal representative).
Electronic document provided by this paragraph shall be sent using information and communication public data network.
The citizen can attach to the electronic document necessary electronic documents (original or electronic copies of documents written on paper).
Additionally, in a written statement of complaint of recipient of public services, may contain reasons for disagreeing with the appealed action (or inaction) and decision, circumstances under which recipient of public services believes that his rights, freedoms and legitimate interests are violated, there were created obstacles to their implementation or any duty, request to invalidate decisions were unlawfully charged, about action (or inaction) and decisions as well as other information that the recipient of public service considers necessary to report.
Written request containing complaint of the recipient of public service may be accompanied by copies of documents confirming stated facts. In this case recipient of public service provide a list of attached documents.