Excerpts from the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "On the Basics of Administrative Procedures"

 

Article 30. Procedure for appealing an administrative decision

1. An interested person and a third person have the right to appeal an administrative decision in an administrative (out-of-court) procedure.

2. An administrative appeal is submitted to a higher state body (higher organization) or to a state body or other organization whose competence, in accordance with legislative acts and resolutions of the Council of Ministers of the Republic of Belarus, includes consideration of such appeals (hereinafter referred to as the body considering the appeal).

3. An administrative decision may be appealed to a court after such decision has been appealed in an administrative (out-of-court) procedure, unless a different appeal procedure is provided for by legislative acts.

In the absence of an authority considering the complaint, an administrative decision of an authorized body may be appealed directly to a court.

An administrative decision may be appealed to a court in accordance with the legislation on civil proceedings.

Article 31. Time limit for filing an administrative complaint

1. An administrative complaint may be filed with the authority considering the complaint within one year from the date of adoption of the administrative decision being appealed.

2. The body considering the complaint has the right to restore the time limit for filing an administrative complaint if the time limit is missed for valid reasons (serious illness, prolonged business trip, etc.).

Article 32. Form and content of an administrative complaint

1. An administrative complaint shall be submitted in written or electronic form.

2. An administrative complaint submitted in written form shall contain:

the name of the body considering the complaint;

information about the interested party and a third party (hereinafter, unless otherwise specified, the person filing the administrative complaint):

surname, given name, patronymic (if applicable), place of residence (place of stay) – for an individual;

name and location – for a legal entity;

name of the authorized body that adopted the administrative decision being appealed;

essence of the administrative decision being appealed;

grounds on which the person filing the administrative appeal considers the administrative decision being appealed to be unlawful;

claims of the person filing the administrative appeal;

list of documents and/or information (if available) submitted together with the administrative appeal;

the signature of the citizen, or the signature of the head of a legal entity or a person authorized in the prescribed manner to sign an administrative appeal, or the signature of a representative of the person who filed the administrative appeal.

3. When submitting an administrative appeal in electronic form through the Single Portal of Electronic Services, identification and authentication of citizens and legal entities are carried out using the methods established for submitting an application by an interested party in electronic form.

An administrative appeal submitted in electronic form must contain the information specified in paragraphs two through eight of paragraph 2 of this article.

In the case of submitting an administrative appeal in electronic form, it is not required to sign electronically the documents and/or information attached to it, unless otherwise provided by legislative acts and decrees of the Council of Ministers of the Republic of Belarus.

Article 33. Registration of Administrative Complaints

1. Administrative complaints shall be registered on the day of their submission.

2. Administrative complaints received on a non-working day (during non-working hours) shall be registered no later than on the first working day following such day.

Article 34. Leaving an Administrative Complaint Unconsidered

1. An administrative complaint shall be left unconsidered within three working days from the date of its registration in the following cases:

the consideration of the administrative complaint does not fall within the competence of a state body or another organization;

the administrative complaint is submitted by an unauthorized person;

an administrative appeal is submitted after the established deadline and does not contain a request to restore the missed deadline.

2. An administrative appeal may be left unconsidered within three working days from the date of its registration if:

the requirements for the content of the administrative appeal are not met;

the authority considering the appeal already has a decision on this administrative appeal.

3. In the event that an administrative appeal is left unconsidered, the documents and/or information submitted together with the administrative appeal are returned to the person who filed the administrative appeal, except in cases where the administrative appeal is submitted in electronic form.

4. After the deficiencies that resulted in the administrative complaint being left without consideration have been eliminated, the administrative complaint may be resubmitted to the body considering the complaint.

Article 34¹. Withdrawal of an administrative complaint

1. A person who has submitted an administrative complaint has the right to withdraw their administrative complaint at any time before the consideration of the complaint is completed.

Withdrawal of an administrative complaint submitted in written form is carried out by submitting a written application to the body considering the complaint.

Withdrawal of an administrative complaint submitted in electronic form is carried out by submitting an application in electronic form through the Single Portal of Electronic Services or in written form to the body considering the complaint.

2. In the event of withdrawal of an administrative appeal, the body considering the appeal shall terminate its consideration on the merits and return to the person who filed the administrative appeal the documents and/or information submitted together with the administrative appeal, except in cases where the administrative appeal is submitted in electronic form.