On the concept of «statement» as a type of appeal under administrative law

Abstract

Introduction. Successful implementation by a citizen of his constitutional right is possible only in case of the effective functioning of the existing mechanism for considering the relevant types of appeals and responding to them. The article considers the concept and essential features of the statement as type of appeals to public authorities. Their clarification is especially relevant for the internal affairs bodies, since employees of the departments and services of the system of the Ministry of Internal Affairs of Russia at all levels take part in the consideration and resolution of citizens’ appeals. Methods. The analysis of the concept of “statement” as a legal term, the content of which is revealed in the norm enshrined in administrative legislation, is based on the methodological approach about the elements of the uniform legal regulation and the types of legal regulation derived from them, developed by V.D. Sorokin. This methodological approach made it possible to formulate the author’s definition of the term ”statement” as a type of appeal, to propose the author’s classification of its subspecies, to clarify their legal nature and content. Results. All statements are divided into three subspecies: 1) aimed at the implementation of permissions, 2) associated with violation of prohibitions or failure to comply with instructions, or 3) due to poor-quality execution of instructions. The developed classification contributes to a deeper understanding of the typologies of statements, allows determining the most optimal procedure for their consideration and resolution, taking into account the requirements contained in the system of the Ministry of Internal Affairs of Russia regulations. Based on the theoretical heritage of V.D. Sorokin, the author’s definition of the theoretical construction of the term “statement” was developed on the basis of the elements of the uniform legal regulation in relation to the system of Internal Affairs bodies.