ALGORITHM FOR PREPARING A COMPLAINT AGAINST THE COMMISSION’S DECISION. JUSTIFICATION OF DISPENSE WITH THE COMMISSION’S DECISION

In case of disagreement with any decision of the authority, there is a procedure for appealing it. And the appeal against the decision of the State Fiscal Service is no exception. Today, thanks to digital transformation, most complaints can be filed online or still in writing.

Algorithm for filing a complaint against the decision of the commission.

• First, you need to get a decision of the commission with which you do not agree.
• Secondly, choose how to file a complaint.

If you file online, you can do this in your personal account on the SFS portal, attach a file with a complaint and affix it with an electronic digital signature. Also, a complaint can be filed personally through the structural divisions of the State Fiscal Service or sent by mail.

• Thirdly, in the complaint, it is necessary to substantiate the reasons for disagreeing with the decision made and, if available, add supporting documents.

The complaint must be signed personally by the complainant. If the complaint is being filed by a representative, then a power of attorney must be additionally involved, which must indicate the authority to file a complaint.

Time and cost

The deadline for filing a complaint is 10 days from the date of receipt. There is no fee for filing a complaint. The consequence of missing the deadline without a good reason is the refusal to accept and consider such a complaint.

If the procedure for filing a complaint is clear, then the question arises of how to properly substantiate disagreement with the decision of the commission.

Обоснование несогласия с решением комиссии

In order for a complaint to be considered, it must be properly filed. The complaint must contain the personal data of the complainant, indicating passport data and the RNOKPP, the contact details of the complainant (to receive a response on the consideration of the complaint), the data of the appealed decision and references to circumstances confirming that the decision is illegal. If the complainant has supporting documents available, then the complaint should describe them, indicating how important they are for the contested decision of the commission and indicate that such documents are attached to the complaint as attachments.

In addition, it should be noted that this decision at the time of filing the complaint is not appealed in court.

And the final stage should be the requirements of the adopted decision, that is, either cancel the decision or satisfy the complaint and recognize the decision of the commission as unlawful and cancel it.

What to look out for?

When filing a complaint, special attention should be paid to the deadlines (in case of violation of the deadline for appealing, the complaint may not be considered), the content and structure of the complaint and the documents submitted to it. And also in the annexes to the complaint and its signing.

If you yourself cannot properly prepare a complaint against the decision of the commission, then you should not waste your time. It is better to immediately contact the experts. After all, a properly executed and substantiated complaint against the decision of the commission is an opportunity to cancel it and make the necessary decision..