The Ministry of Justice has registered a new instruction of the State Department for the Execution of Sentences on the procedure for considering citizens’ appeals.

INSTRUCTION
on the procedure for considering citizens’ appeals and their personal reception
in agencies, penal enforcement institutions, remand prisons, and
educational establishments of the State Penal Enforcement Service of Ukraine

I. General Provisions

1.1. This Instruction has been developed in accordance with Article 40 of the Constitution of Ukraine, the Penal Enforcement Code of Ukraine, the Law of Ukraine ‘On Citizens’ Appeals’, the Law of Ukraine ‘On the Status of People’s Deputies of Ukraine’, the Law of Ukraine ‘On the Status of Deputies of Local Councils’, the Law of Ukraine ‘On the State Penal Enforcement Service of Ukraine’, the Law of Ukraine ‘On Pre-trial Detention’, the Decree of the President of Ukraine dated 7 February 2008 No. 109 ‘On Priority Measures to Ensure the Realisation and Guarantee of the Constitutional Right to Appeal to State Authorities and Local Self-Government Bodies’, and the Resolution of the Cabinet of Ministers of Ukraine dated 14 April 1997 No. 348 ‘On Approval of the Instruction on Records Management for Citizens’ Appeals in State Authorities and Local Self-Government Bodies, Citizens’ Associations, at Enterprises, in Institutions, Organisations, regardless of ownership forms, and in Mass Media’ (as amended).

1.2. Citizens of Ukraine have the right to address agencies (institutions) of the penal enforcement system, remand prisons, and educational establishments of the State Penal Enforcement Service of Ukraine (hereinafter – penal enforcement agencies (institutions)), and officials within the scope of their powers, with proposals, statements, and complaints regarding their statutory activities, statements regarding assistance in the realisation of their rights and legitimate interests, or complaints about their violation. In case of violation of the established procedure for considering proposals (observations), statements (petitions), and complaints of citizens (hereinafter – appeals), the guilty persons shall be held liable in accordance with current legislation.

1.3. When working with written and oral citizens’ appeals, as well as during their personal reception, it is necessary to ensure a qualified, impartial, objective, and timely consideration of citizens’ appeals for the purpose of operational resolution of the issues raised, satisfaction of the legitimate demands of the applicants, real restoration of violated constitutional rights, and prevention of such violations in the future; at the same time, one must maintain a high culture of conduct and be attentive to their requests and opinions.

1.4. When considering citizens’ appeals and organising their personal reception, it is necessary to be guided by the Constitution of Ukraine, the Law of Ukraine ‘On Citizens’ Appeals’, other laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, normative legal acts of the State Department of Ukraine for the Execution of Sentences on this matter, as well as this Instruction.

1.5. The procedure for submitting appeals and organising the personal reception of persons held in penal enforcement institutions is determined, taking into account the Penal Enforcement Code of Ukraine, the Laws of Ukraine ‘On Pre-trial Detention’ and ‘On the State Penal Enforcement Service of Ukraine’, and the order of the State Department of Ukraine for the Execution of Sentences dated 25 December 2003 No. 275 ‘On Approval of the Internal Regulations of Penal Enforcement Institutions’, registered with the Ministry of Justice of Ukraine on 31 December 2003 under No. 1277/8598 (as amended).

II. Classification of citizens’ appeals and requirements for their processing

2.1. All citizens’ appeals arriving at penal enforcement agencies (institutions) are classified, on the basis of Article 3 of the Law of Ukraine ‘On Citizens’ Appeals’ (hereinafter – the Law), according to their content into: proposals (observations), statements (petitions), and complaints. Further consideration of proposals, statements, and complaints of citizens is conducted taking into account the specifics of their consideration established by Section II of the Law.

Proposal (observation) – an appeal by citizens expressing advice or recommendations regarding the activities of penal enforcement agencies (institutions) and officials, as well as expressing opinions regarding the regulation of social relations and conditions of citizens’ lives, the improvement of the legal basis of state and public life, and the socio-cultural and other spheres of state and societal activity.

Statement (petition) – an appeal by citizens requesting assistance in the realisation of their rights and interests guaranteed by the Constitution and current legislation, or reporting a violation of current legislation or deficiencies in the activities of penal enforcement agencies (institutions) and officials, as well as expressing an opinion regarding the improvement of their activities.

Petition – a written appeal with a request for the recognition of an individual’s corresponding status, rights, or freedoms, etc.

Complaint – an appeal with a demand for the restoration of citizens’ rights and the protection of legitimate interests violated by the actions (inaction) or decisions of penal enforcement agencies (institutions) and officials.

2.2. Appeals are proposals (observations), statements (petitions), and complaints set forth in written or oral form.

Requirements for the format of an appeal:

surname, first name, and patronymic of the citizen;

place of residence of the citizen;

the essence of the issue raised (observation, proposal, statement, complaint, request, or demand);

signature of the applicant(s) with the date;

printed or written by hand, legibly and clearly.

Written appeals are proposals, statements, and complaints set forth in written form, sent by mail or delivered by the citizen personally or through an authorised person, provided these powers are formalised in accordance with current legislation.

Oral appeals are proposals, statements, and complaints set forth in oral form, recorded by an official of a penal enforcement agency (institution) during a personal reception.

An appeal may be:

individual – an appeal submitted by a single person;

collective – an appeal submitted by a group of persons.

An anonymous appeal is a written appeal without the indication of a place of residence, not signed by the author(s), as well as one from which authorship cannot be established.

An appeal is considered repeated if it:

challenges a decision made regarding a previous appeal that reached the penal enforcement agencies (institutions);

reports the untimely consideration of a previous appeal if the period for consideration established by legislation has passed since the receipt of the latter and no response was provided to the citizen;

fails to resolve the issue raised in the first appeal on its merits or resolves it only partially;

draws attention to other deficiencies made in resolving the issue raised in a previous appeal;

is an appeal from the same citizen on the same issue if the first one was resolved on its merits.

Duplicate appeal – proposals, statements, and complaints from the same citizen on the same issue, sent to different recipients and arriving for consideration from higher-level state authorities, institutions, organisations, enterprises, or mass media to the penal enforcement agencies (institutions) for resolution on their merits,

if the latter have already received appeals of corresponding content.

2.3. Appeals in the interests of minors and incapacitated persons are submitted by their legal representatives.

An appeal in the interests of a citizen may be submitted by another person, a labour collective, or an organisation engaged in human rights activities, which have received corresponding powers from the citizen, formalised according to legislation.

2.4. Decisions and actions (inaction) of penal enforcement agencies (institutions) may be appealed if:

the rights, legitimate interests, or freedoms of a citizen (group of citizens) have been violated;

obstacles have been created in the citizen’s exercise of their rights, legitimate interests, or freedoms;

any duties have been illegally imposed on the citizen, or they have been illegally held liable.

Substantiated statements and complaints are statements or complaints by citizens as a result of the consideration of which the facts of violation of current legislation in the actions (inaction) of penal enforcement agencies (institutions) and their officials were confirmed or partially confirmed.

III. Consideration of citizens’ appeals

3.1. Oral appeals by citizens are considered directly, and the issues raised therein are, if possible, resolved by officials of penal enforcement agencies (institutions) during a personal reception of citizens, which is conducted according to an approved schedule. The procedure for personal reception of citizens by officials of penal enforcement agencies (institutions) and the schedule for personal reception of citizens are determined and approved by the heads of penal enforcement agencies (institutions). The author of the appeal is informed about the results of the consideration in writing or orally, at the citizen’s request.

If it is impossible to resolve the issues raised in an oral appeal directly during a personal reception, they are considered in the same manner as a written appeal.

3.2. Written appeals, properly processed and submitted in the established order, are subject to mandatory acceptance and consideration. Written appeals by citizens are subject to a mandatory preliminary review for the purpose of determining whether they fall within the competence of penal enforcement agencies (institutions) and for identifying a specific executor for them.

3.3. An appeal may be submitted personally by an individual (individual), by a group of persons (collective), or sent by mail. A citizen may also submit an appeal through another authorised person, provided these powers are formalised in accordance with current legislation. Collective appeals are considered in the same manner as written appeals.

3.4. Appeals received from higher state authorities, from disabled veterans of the Great Patriotic War, Heroes of Socialist Labour, Heroes of the Soviet Union, Heroes of Ukraine, women awarded the honorary title of Ukraine ‘Mother-Heroine’, pensioners, and personnel of the penal enforcement service are considered, and the results of the consideration are sent under the signature of the head or the person performing their duties.

3.5. Heads of penal enforcement agencies (institutions) when considering citizens’ appeals must:

pay special attention to resolving problems raised in appeals from war and labour veterans, the disabled, citizens affected by the Chornobyl disaster, large families, single mothers, and other citizens requiring social protection and support;

not allow the provision of ambiguous, unsubstantiated, or incomplete responses to citizens’ appeals, violations of deadlines established by legislation, or groundless transfer of the consideration of appeals to other bodies;

eradicate the practice of declaring statements or complaints unsubstantiated without explaining to the applicants the procedure for challenging the decisions made on them;

create conditions for the participation of applicants in the verification of their submitted statements or complaints, and provide the opportunity to familiarise themselves with the materials of the verification of the respective appeals;

exercise constant control over the organisation of work by officials with citizens’ appeals;

clarify the reasons generating repeated citizens’ appeals, and analyse cases of groundless refusal to satisfy the legitimate demands of applicants, manifestations of bias, negligence, and formalism during the consideration of appeals;

take measures to restore the rights and freedoms of citizens violated due to non-compliance with the requirements of legislation on citizens’ appeals, and bring the guilty persons to justice in the established order, including disciplinary liability for failure to perform or improper performance of official duties regarding the consideration of citizens’ appeals;

ensure the creation and functioning of hotlines and helplines, and conduct extensive awareness-raising work on issues of citizens’ realisation of the right to appeal and personal reception.

3.6. An appeal processed without adhering to the requirements provided for by Clause 2.2 of Section II of this Instruction is returned to the applicant with corresponding explanations within a period not later than ten days from the date of its receipt, except in cases provided for by Clause 3.3 of this Section. A copy of such an appeal remains in the proceedings of the penal enforcement agency (institution) to which the applicant appealed.

3.7. If an issue raised in an appeal received by a penal enforcement agency (institution) does not fall within its competence, it shall be forwarded within a period of no more than five calendar days to the appropriate body or official, about which the citizen who submitted the appeal shall be notified.

In the event that an appeal does not contain the data necessary for making a substantiated decision by a penal enforcement agency (institution) or an official of the agency (institution), it shall be returned to the citizen within the same period with corresponding explanations.

3.8. It is forbidden to send citizens’ complaints for consideration to those bodies or officials whose actions or decisions are being challenged.

3.9. If an appeal contains, alongside issues falling within the competence of penal enforcement agencies (institutions), issues subject to resolution in other state authorities or local self-government bodies, then when providing a response to the appeal, the procedure for resolving these issues shall be explained.

3.10. In case of receipt of repeated appeals, they are assigned a new registration index. The registration index of the appeal is indicated in the registration stamp. The stamp is placed on the lower margin of the first sheet of the document on the right or on another free space, except for the place intended for binding. The registration index consists of the initial letter of the applicant’s surname and the serial number of the received appeal, for example: D-401.

3.11. Appeals from the same citizen on the same issue, sent to different recipients and arriving for consideration to the same penal enforcement agency (institution) (duplicate), are recorded under the registration index of the first appeal with the addition of a serial number, which is placed after a slash, for example: D-10/2, D-10/3, D-10/4.

3.12. Anonymous appeals are not subject to consideration; nor are repeated appeals to the same body from the same citizen on the same issue, if the first issue was resolved on its merits, as well as those appeals submitted in violation of the deadlines provided for by Article 17 of the Law, and appeals from persons recognised by a court as incapacitated.

The decision on the termination of consideration of such an appeal is made by the head of the penal enforcement agency (institution), about which the person who submitted the appeal is notified under the signature of the head of the penal enforcement agency (institution).

3.13. The head of a penal enforcement agency (institution) is obliged to thoroughly investigate the reasons for a citizen’s repeated appeal. If it was caused by a violation of the established consideration procedure, appropriate response measures shall be taken against the officials who allowed the violation of the citizen’s rights.

Failure to resolve substantiated issues raised in a citizen’s appeal which fall within the competence of penal enforcement agencies (institutions) or an official, which led to a repeated appeal or an appeal to a higher-level body, must be deeply analysed.

3.14. If in a subsequent appeal a citizen (alongside issues that were already considered and to which an exhaustive answer was provided or on which a corresponding decision was made) addresses other issues or presents new

facts, then the appeal is not considered repeated and is considered by penal enforcement agencies (institutions) in the order established by this Instruction.

3.15. Appeals are considered and resolved within a period of no more than one month from the date of their receipt, taking into account weekends, holidays, and non-working days, and those that do not require additional study – immediately, but no later than fifteen calendar days from the date of their receipt.

If it is impossible to resolve the issues raised in an appeal within a one-month period, then in the order provided for by Article 20 of the Law, the term for its consideration may be extended, about which the person who submitted the appeal shall be notified. At the same time, the total period for resolving the issues raised in the appeal cannot exceed forty-five calendar days.

Citizens’ appeals arriving from the editorial offices of newspapers, magazines, radio, and television are considered in a similar manner.

3.16. Heads of the Department, structural sub-divisions of the Department, and penal enforcement agencies (institutions) are obliged to consider a document no later than the next day from the time of registration, and an urgent one – immediately. The arrival of documents from the Department’s leadership to structural sub-divisions should not exceed two working days, and one day – in other penal enforcement agencies (institutions).

3.17. In the presence of issues in an appeal that fall within the competence of several structural sub-divisions of the Department, the organisation of the verification in full is assigned to the head of the sub-division indicated first among the executors. They ensure the replication and transfer of the materials to the appropriate sub-divisions and the preparation, within a period not later than five days from the date of receipt, of a single directive regarding the verification, and in case of necessity, a petition for the extension of the term for its conduct and a response on the merits.

3.18. An appeal is considered resolved if all issues raised in it have been considered, a substantiated decision has been made, necessary measures for its execution have been taken, and the applicant has been informed about the results of the consideration of the appeal and the decision made.

3.19. The decision on the refusal to satisfy the demands set forth in the appeal is brought to the citizen’s attention with a reference to the law and a statement of the motives for the refusal, as well as an explanation of the procedure for challenging the decision made.

3.20. Penal enforcement agencies (institutions) and officials of these agencies (institutions) consider citizens’ appeals without charging a fee for it.

IV. Specifics of the consideration of requests, appeals, and letters from People’s Deputies of Ukraine received in the interests of citizens

4.1. In accordance with Article 15 of the Law of Ukraine ‘On the Status of People’s Deputies of Ukraine’, a deputy request is a demand by a people’s deputy, people’s deputies, or a committee of the Verkhovna Rada of Ukraine, which is stated at a session of the Verkhovna Rada of Ukraine, to the President of Ukraine, to bodies of the Verkhovna

Rada of Ukraine, to the Cabinet of Ministers of Ukraine, to the heads of other state authorities and local self-government bodies, as well as to the heads of enterprises, institutions, and organisations located on the territory of Ukraine, regardless of their subordination and forms of ownership, to provide an official explanation on issues falling within their competence. A body or official is obliged to provide an official response no later than within a 15-day period or within another period established by the Verkhovna Rada of Ukraine.

If a request cannot be considered within the established period due to objective reasons, the head of the penal enforcement agency (institution) to whom the request is addressed is obliged to notify the Chairman of the Verkhovna Rada of Ukraine and the people’s deputy, group of people’s deputies of Ukraine, or the committee of the Verkhovna Rada of Ukraine that submitted (submitted) the request in writing, and propose another period, which must not exceed one month after the receipt of the request.

A People’s Deputy of Ukraine has the right to directly participate in the consideration by the head of the penal enforcement agency (institution) of the request submitted by them.

At the request of a People’s Deputy of Ukraine, the head of the penal enforcement agency (institution) to whom the request is addressed is obliged to notify the people’s deputy about the day of consideration of the issues raised in the request in advance, but no later than three calendar days before their consideration.

4.2. In accordance with Article 16 of the Law of Ukraine ‘On the Status of People’s Deputies of Ukraine’, a deputy appeal is a proposal by a people’s deputy, set forth in written form, addressed to state authorities and local self-government bodies, their officials, and the heads of enterprises, institutions, and organisations, or citizens’ associations, to perform certain actions, provide an official explanation, or state a position on issues falling within their competence. Appeals from People’s Deputies of Ukraine received in the interests of citizens are considered within 10 calendar days from the date of their receipt.

A reasoned response to a deputy appeal must be sent to the People’s Deputy of Ukraine no later than on the second day after the consideration of the appeal. The response is provided in a mandatory order and directly by the penal enforcement agency (institution) to which the deputy appeal was sent, under the signature of its head or the official performing their duties.

Letters from People’s Deputies of Ukraine received in the interests of citizens are considered in a similar manner.

A People’s Deputy of Ukraine who sent an appeal may be present during its consideration, about which they notify the corresponding penal enforcement agency (institution) and its officials to whom the deputy appeal is addressed. The official responsible for considering the appeal of a People’s Deputy of Ukraine is obliged to notify the People’s Deputy of Ukraine about the time and place of the consideration of the appeal in advance, but no later than one calendar day before.

If the consideration of an appeal cannot be conducted within the determined period due to objective reasons, the deputy is notified about this by an official letter stating the motives for extending the period of consideration. The period for considering a deputy appeal, taking into account extensions, cannot exceed 30 days from the moment of its registration in the penal enforcement agency (institution).

4.3. The consideration of requests, appeals, and letters from People’s Deputies of Ukraine received in the interests of citizens is placed under the personal control of the heads of penal enforcement agencies (institutions).

4.4. Requests, appeals, and questions from deputies of local councils received in the interests of citizens are considered in the order provided for by Articles 13, 21, and 22 of the Law of Ukraine ‘On the Status of Deputies of Local Councils’.

V. Records and office work regarding citizens’ appeals

5.1. Records management for appeals from citizens and persons held in penal enforcement institutions is conducted separately from other types of records management and is entrusted to officials specifically appointed for this purpose.

The procedure for conducting records management for appeals containing information constituting state or other secrets protected by law is carried out in accordance with current legislation.

5.2. All citizens’ appeals arriving at penal enforcement agencies (institutions) by mail or submitted personally by a citizen must be accepted and centrally registered by the records management service or a specifically appointed official on the day of their receipt in a computer system for recording citizens’ appeals or in registers of citizens’ appeals and on registration-control cards.

5.3. Register-based registration and accounting of personal reception of citizens is permitted in penal enforcement agencies (institutions) with an annual volume of receipt of up to 600 appeals and the same number of appeals during personal reception.

5.4. Accounting for the personal reception of citizens is carried out in a journal for recording the personal reception of citizens by the corresponding official of the penal enforcement agency (institution) who conducts the reception and control over the execution of decisions made during the personal reception, as well as by the responsible official of the records management service for work with citizens’ appeals.

The journal for recording the personal reception of citizens must be stitched, numbered, signed by an official of the penal enforcement agency (institution), and sealed.

5.5. Written appeals submitted during a personal reception are also subject to centralised registration in the computer system for recording citizens’ appeals or in registers of citizens’ appeals and on registration-control cards by the records management service or a specifically appointed official of the penal enforcement agency (institution).

5.6. After the consideration of citizens’ appeals by the leadership, the records management service or a specifically appointed official of the penal enforcement agency (institution):

enters the leadership’s resolution and the established deadlines for the execution of directives regarding citizens’ appeals into the control card;

ensures the operational delivery of citizens’ appeals (and their copies) together with the control cards to the executors;

carries out centralised registration and dispatch of outgoing correspondence.

5.7. Incoming correspondence regarding citizens’ appeals received by a structural sub-division for execution is mandatorily recorded in the journal for recording citizens’ appeals of that same structural sub-division of the penal enforcement agency (institution).

The recording of citizens’ appeals in a structural sub-division and their delivery to the direct executor are carried out on the day of their receipt (against a signature in the registration journal).

5.8. The recording of written and oral citizens’ appeals taken under control is conducted in alphabetical order by personnel specifically appointed for work with citizens’ appeals.

5.9. The results of the consideration of an appeal are entered into the computer system for recording citizens’ appeals or into the journal for recording citizens’ appeals and the control card, which, after signing by the head, is provided to the personnel specifically appointed for work with citizens’ appeals, together with a copy of the response to the applicant, for removal from control.

5.10. Based on the results of the consideration of a citizen’s appeal, a response is provided to their address under the signature of the official of the penal enforcement agency (institution) by whose resolution the information set forth in the appeal was considered, and in their absence – an official in accordance with the distribution of functional duties.

5.11. After the execution of the directives defined in the resolutions of the leadership regarding citizens’ appeals, the personnel specifically appointed for work with citizens’ appeals accept from the executors the control card, properly processed, together with a copy (copies) of the responses, reports, and other documents that confirm the execution in full of the tasks regarding the consideration of citizens’ appeals in accordance with the resolutions.

The indicated documents (in case of execution of the task in full) are the basis for removing from control the directives defined for citizens’ appeals.

Control directives defined by the leadership regarding citizens’ appeals are removed from control only after measures have been taken to resolve all issues raised in the appeal, and exhaustive written responses have been provided to the applicant and, if necessary, to the correspondent.

The decision to remove citizens’ appeals from control is made by the officials who made the decision to place them under control.

5.12. Proposals, statements, and complaints for which preliminary (interim) responses are given are not removed from control. Control is completed only after a decision is made and measures have been taken regarding the resolution of the issues raised in the appeal.

5.13. Documents are placed in files in chronological or alphabetical order. Each appeal with all documents regarding its consideration and resolution constitutes an independent group in the file. In case of receipt of a repeated appeal or the appearance of additional documents, they are bound to this group of documents. During the formation of files, the correctness of directing documents to the file and their completeness are checked. It is forbidden to bind unresolved appeals, as well as improperly processed documents, to a file.

The cover of a file is processed according to the form established by the Resolution of the Cabinet of Ministers of Ukraine dated 14 April 1997 No. 348 ‘On Approval of the Instruction on Records Management for Citizens’ Appeals in State Authorities and Local Self-Government Bodies, Citizens’ Associations, at Enterprises, in Institutions, Organisations, regardless of ownership forms, and in Mass Media’ (as amended).

5.14. The retention periods for documents regarding citizens’ appeals are determined by the List of Typical Documents Created in the Activities of State Authorities and Local Self-Government Bodies, Other Enterprises, Institutions, and Organisations, with an Indication of Retention Periods for Documents, approved by the order of the Main Archival Administration under the Cabinet of Ministers of Ukraine dated 20 July 1998 No. 41, registered with the Ministry of Justice of Ukraine on 17 September 1998 under No. 576/3016 (as amended).

5.15. Citizens’ appeals containing proposals for significant changes in the work of penal enforcement agencies (institutions), or regarding the elimination of serious deficiencies and abuses, are kept permanently if the documents of these agencies (institutions) reach state archives. If the documents of penal enforcement agencies (institutions) do not reach state archives, then the retention period for the above-mentioned citizens’ appeals is established at 10 years.

5.16. Proposals, statements, and complaints, regardless of whether they are subject to transfer to a state archive or not, are kept for 5 years.

5.17. In cases caused by the specifics of the penal enforcement service’s activities, the retention period for copies of citizens’ proposals that can be used by penal enforcement agencies (institutions) in the exercise of their powers is extended by an order of the State Department of Ukraine for the Execution of Sentences until their use.

VI. Personal reception of citizens

6.1. Personal reception of citizens and persons held in penal enforcement institutions is conducted by the heads and officials of penal enforcement agencies (institutions) who have the right to make decisions on issues falling within their competence.

6.2. The procedure for the reception of citizens in penal enforcement agencies (institutions) is determined by their heads.

6.3. The leadership of the Department, structural sub-divisions of the Department, and territorial management bodies of the Department conduct personal reception of citizens no less than twice a month. Heads of penal enforcement agencies (institutions) and their deputies must receive citizens no less than once a week.

6.4. Personal reception of citizens in the Department’s reception office is carried out daily, except for weekends and holidays, according to the schedule of work of penal enforcement agencies (institutions).

6.5. For the reception of citizens in penal enforcement agencies (institutions), special rooms (reception offices) are allocated, which are equipped with the appropriate inventory and provided with manuals according to the list of mandatory reception office equipment (Appendix 1). Entry to the reception office is free, without the requirement for passes.

6.6. The procedure for personal reception of citizens, with an indication of the surnames of the officials conducting it, the time, and the place of reception, is posted in a visible place in the citizen reception office of the penal enforcement agency (institution).

6.7. At the visitors’ request, pre-booking for a reception may be conducted.

6.8. Heads of penal enforcement agencies (institutions) ensure priority reception for women awarded the honorary title of Ukraine ‘Mother-Heroine’, disabled veterans of the Great Patriotic War, Heroes of Socialist Labour, Heroes of the Soviet Union, and Heroes of Ukraine.

6.9. Persons in an intoxicated state are not admitted to the reception.

6.10. At the beginning of the reception, the visitor is offered to state their surname, first name, and patronymic, place of residence, and the essence of the issue they are addressing. If the citizen has already addressed the penal enforcement agency (institution) on this issue, then available materials are studied before the start of the conversation.

6.11. If the resolution of the issue with which the applicant has addressed does not fall within the competence of the penal enforcement agency (institution), then the official conducting the reception provides them with an explanation as to which executive authority (organisation, institution) they should address, and, if possible, provides their addresses and phone numbers.

6.12. The leadership of the penal enforcement agency (institution) is obliged to ensure the reception of all citizens on the day of their appeal. Untimely commencement of the reception and its termination earlier than the established time are inadmissible.

VII. Generalisation, analysis of written and oral citizens’ appeals, requests, appeals, and letters from People’s Deputies of Ukraine, and ensuring control over their consideration

7.1. Written and oral citizens’ appeals, requests, appeals, and letters from People’s Deputies of Ukraine must be systematically, but no less than once a quarter, generalised and analysed for the purpose of timely identification of the reasons leading to the violation of citizens’ rights and interests, the study of public opinion, the improvement of the work of penal enforcement agencies (institutions) in this direction, and the taking of timely response measures to identified violations of the legislation regulating work with citizens’ appeals. Special attention should be paid to eliminating the reasons that are the basis for the arrival of repeated and collective complaints, as well as those that force citizens to appeal to higher and central state authorities, editorial offices of newspapers and magazines on issues that can and must be resolved by penal enforcement agencies (institutions) locally.

7.2. Based on the results of the generalisation and analysis, an analytical report (analytical information) is compiled, which must contain the following data:

– statistical data for the reporting period regarding the number of requests, appeals, and letters from People’s Deputies of Ukraine, and citizens’ appeals submitted during personal reception and sent by mail, compared to the indicators for the previous year;

– data regarding the content of the main issues raised by citizens and People’s Deputies of Ukraine. Characteristic examples of appeals;

– quantitative data regarding the structure of appeals by their types (proposals (observations), statements (petitions), complaints, information requests);

– data from the analysis of appeals by the applicants’ place of residence. Comparison with data from previous years. Assessment and citation of the reason;

– the number and specific weight of appeals from Heroes of the Soviet Union, Heroes of Socialist Labour, Heroes of Ukraine, and disabled veterans of the Great Patriotic War. What main issues are raised by them. How the consideration and resolution of the issues raised by them are carried out. Citation of examples;

– the number and specific weight of appeals from war and labour veterans, the disabled, incapacitated persons, as well as persons affected by the ChAEC (Chornobyl) accident, large families, single mothers, and other citizens requiring social protection and support. What main issues are raised by them. How the consideration and resolution of the issues raised by them were carried out. Citation of examples;

– measures taken to ensure a qualified, impartial, objective, and timely consideration of citizens’ appeals, operational resolution of issues raised in them, satisfaction of the legitimate demands of the applicants, real restoration of violated constitutional rights, and prevention of such violations in the future;

– data regarding the personal reception of citizens by heads and other officials, reception schedules, including outside working hours and at the citizens’ place of residence, and their adherence to them, the availability of premises for receiving citizens, and their proper equipment;

– data regarding appeals mentioning deficiencies in work or the challenging of decisions by officials. What has been done regarding such appeals, what measures have been taken to cease illegal actions and cancel illegal decisions. Citation of examples;

– citation of identified facts of violations of the Law of Ukraine ‘On Citizens’ Appeals’ and other normative acts, and the failure to resolve substantiated issues raised in appeals, which led to repeated appeals or bureaucratic delays. Citation of data and concrete examples regarding bringing the corresponding persons to justice as established by law, and measures taken to strengthen the personal responsibility of officials and staff;

– how appeals are analysed and generalised for the purpose of identifying the reasons generating them;

– proposals for improvement.

7.3. The results of the analysis are reported to the leadership of the Department and penal enforcement agencies (institutions) and are used:

during inspections of the work of subordinate penal enforcement agencies (institutions) (and are a subject for consideration at board meetings and operational meetings in penal enforcement agencies (institutions));

for the purpose of preparing and sending information review letters to structural sub-divisions based on the results of the analysis conducted on the state of work with citizens’ appeals.

7.4. The head of a penal enforcement agency (institution) organises and carries out control over the work on issues of considering appeals and receiving citizens personally, through their deputies, heads of structural sub-divisions, and the personnel of the records management service.

7.5. Heads of structural sub-divisions and penal enforcement agencies (institutions) exercise direct control over compliance with current legislation on issues of considering citizens’ appeals and the norms of this Instruction.

7.6. During the exercise of control, attention is paid to the deadlines and completeness of the consideration of issues raised, the objectivity of the verification of appeals, the legality and substantiation of the decisions made regarding them, and the timeliness of their execution and sending of responses to the applicants.

7.7. The state of work on issues of appeals and citizen reception in subordinate penal enforcement agencies (institutions) is verified during complex and control inspections of their activities.

During inspections, one should comprehensively study the organisation of work on issues of considering oral and written citizens’ appeals and the conduct of their personal reception by officials of penal enforcement agencies (institutions), reveal deficiencies, and provide practical assistance regarding their elimination. The results of the inspections are reflected in reports.

Furthermore, every official of the penal enforcement service, while on a business trip, in addition to performing the main task, checks the state of work with citizens’ appeals, the organisation of personal reception, and also takes measures regarding the elimination of identified violations.

7.8. The state of work on issues of considering citizens’ appeals and the organisation of their personal reception by officials of penal enforcement agencies (institutions), as well as individual statements and complaints, during the consideration of which formalism, indifference, and bureaucracy were allowed, are, if necessary, considered at a board meeting or a hardware or operational meeting, with the hearing of the heads of penal enforcement agencies (institutions).

7.9. In penal enforcement agencies (institutions), a permanently operating commission on issues of considering citizens’ appeals and the organisation of their personal reception is created, which is headed by one of the heads of the corresponding penal enforcement agency (institution). The commission works according to a plan and verifies the state of this work no less than once a quarter.

Head of the Administrative Department
of the State Department of Ukraine
for the Execution of Sentences
O. Yu. Vielkov