The thesis is devoted to the research of theoretical and applied aspects of the institute of appeals to public administration. According to the set goal, a comprehensive approach to the solution of the problem of conceptualization of the institution of appeals to public administration in the domestic paradigm of administrative law was formed.
On this basis, there are identified the priority ways of improving the legislation on the thematic area and the activities of the public administration to review and resolve cases on the appeals of individuals and legal entities in an administrative manner.
The theoretical and legal foundations of this institution of administrative law, including the social and legal essence of appeals to public administration, are disclosed. Are determined actual problems of scientific and legal support of the specified administrative and legal phenomenon, tendencies of its development and formation in the legislation. Is clarified the essence of appeals to public administration as a multifunctional legal phenomenon from the point of view of: administrative and legal relations, legal facts, administrative procedure. The general (typical) features of these initiatives are determined administratively and they are systematized according to the criteria: content (purpose), the grounds for their initiation, subjects of the right to appeal, external manifestation in legal matter, quantitative indicators. By analogy with complaints on legal grounds, applications to the public administration for general and special applications have been classified. Is proved the need for a generalized legalization of varieties of appeals to the public administration (proposals, applications, complaints, information requests, requests for clarification of legislation). In the context of the stated above, the administrative and legal nature of the institution of appeals to public administration is defined and it is proved that this legal phenomenon is a special, complex institution of administrative law. Is formulated the definition of the concept of „the institution of appeals to public administration”.
The specific features of the administrative and legal relations of the sphere of appeals to the public administration are substantiated theoretically, through the prism of the correlation of legal facts and the legal consequences determined by them, the content of their objects is revealed. The administrative-legal status of the parties to administrative-legal relations developing in this area is characterized: initiators of appeals to the public administration (individuals and legal entities not vested with power and not in official relations with the addressees of the appeals they initiate) and subjects of consideration of such appeals (authorized bodies of public administration). The specific features of this status are disclosed through the principles of the Resolution of the Committee of Ministers of the Council of Europe of September 28, 1977 (77) 31 „On the protection of a person with regard to acts of administrative bodies”.
It was ascertained that there is no separate person between the bodies of public administration specialized in considering appeals. Activities to consider appeals administratively by these subjects of power are carried out within the main tasks that they are called upon to implement. Particular attention is paid to the problems of legal and organizational and legal support of activities in the field of appeals to the public administration in connection with this, have been made a number of proposals, recommendations aimed at their solution.
