Rights and Obligations of Interested Parties. Procedure for Appealing Decisions
Law
of the Republic of Belarus of October 28, 2008 No. 433-Z
"On
the Fundamentals of Administrative Procedures"
(Excerpt)
Article 10. Rights of Interested Parties
Interested parties have the right to:
submit applications to authorized bodies;
receive free of charge from authorized bodies the forms (blanks) of documents provided for by the legislation on administrative procedures, necessary for applying for administrative procedures;
receive explanations of their rights and obligations from authorized bodies;
participate in administrative procedures in person and (or) through their representatives, unless otherwise provided by legislative acts;
familiarize themselves with materials related to the consideration of their applications, including documents and (or) information received by authorized bodies from other state bodies, other organizations, necessary for administrative procedures, and make extracts from them, unless otherwise provided by legislation on state secrets, commercial or other legally protected secrets;
receive administrative decisions (their copies, extracts from them);
withdraw their application at any time before the completion of the administrative procedure;
appeal administrative decisions;
withdraw their administrative complaint;
exercise other rights provided for by this Law and other acts of legislation on administrative procedures.
Article 11. Obligations of Interested Parties
Interested parties are obliged to:
treat employees of authorized bodies politely, not to use obscene or offensive words or expressions towards such employees;
submit to authorized bodies documents and (or) information included in the lists of documents and (or) information submitted by interested parties, as well as documents specified in paragraphs two to seven of part one of paragraph 2 of Article 15 of this Law, if such documents are requested;
pay the fee charged for administrative procedures;
timely inform authorized bodies about changes in their place of residence (place of stay), location during the administrative procedure;
perform other duties provided for by this Law and other legislative acts on administrative procedures.
Article 111. Rights and Obligations of Third Parties
1. Third parties have the right to:
receive explanations of their rights and obligations from authorized bodies;
familiarize themselves with materials related to administrative procedures in which they participate (participated), including documents and (or) information received by authorized bodies from other state bodies, other organizations, necessary for administrative procedures, and make extracts from them, unless otherwise provided by legislation on state secrets, commercial or other legally protected secrets;
withdraw their consent (including that expressed by signing the interested party's application) to the administrative procedure at any time before the completion of the administrative procedure;
appeal administrative decisions;
withdraw their administrative complaint;
exercise other rights provided for by this Law and other acts of legislation on administrative procedures.
2. Third parties are obliged to:
treat employees of authorized bodies politely, not to use obscene or offensive words or expressions towards such employees;
perform other duties provided for by this Law and other legislative acts on administrative procedures.
Appeal of an Administrative Decision
Article 30. Procedure for Appealing an Administrative Decision
1. An interested party and a third party have the right to appeal an administrative decision through administrative (extrajudicial) procedure.
2. An administrative complaint is sent to a higher state body (higher organization) or to a state body, another organization, whose competence, in accordance with legislative acts and resolutions of the Council of Ministers of the Republic of Belarus, includes the consideration of such complaints (hereinafter – the body considering the complaint).
3. An administrative decision shall be appealed in court after such decision has been appealed through administrative (extrajudicial) procedure, unless a different appeal procedure is provided for by legislative acts.
In the absence of a body considering the complaint, the administrative decision of the authorized body may be appealed directly to the court.
Appealing an administrative decision in court is carried out in accordance with civil procedural or economic procedural legislation.
Article 31. Deadline for Filing an Administrative Complaint
1. An administrative complaint may be filed with the body considering the complaint within one year from the date of adoption of the appealed administrative decision.
2. of an administrative complaint in case of missing such a deadline for a valid reason (serious illness, long business trip, etc.).
Article 32. Form and Content of an Administrative Complaint
1. An administrative complaint is submitted in written or electronic form.
2. An administrative complaint submitted in written form must contain:
the name of the body considering the complaint;
information about the interested party and the third party (hereinafter, unless otherwise specified, – the person who filed the administrative complaint):
surname, first name, patronymic (if any), place of residence (place of stay) – for a citizen;
name and location – for a legal entity;
name of the authorized body that made the appealed administrative decision;
the essence of the appealed administrative decision;
the grounds on which the person who filed the administrative complaint considers the appealed administrative decision unlawful;
the demands of the person who filed the administrative complaint;
a list of documents and (or) information (if any) submitted with the administrative complaint;
the signature of a citizen, or the signature of the head of a legal entity or a person authorized in the prescribed manner to sign the administrative complaint, or the signature of the representative of the person who filed the administrative complaint.
3. An administrative complaint in electronic form is submitted through the single portal of electronic services using the identification means specified in paragraphs three and four of part one of paragraph 6 of Article 14 of this Law.
An administrative complaint submitted in electronic form must contain the information specified in paragraphs two to eight of paragraph 2 of this article.
In case an administrative complaint is submitted in electronic form, it is not required to sign the documents and (or) information attached to it with an electronic digital signature, unless otherwise provided by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus.
Article 341. Withdrawal of an Administrative Complaint
1. The person who filed the administrative complaint has the right to withdraw their administrative complaint at any time before the end of its consideration.
Withdrawal of an administrative complaint filed in written form is carried out by submitting an application in written form to the body considering the complaint.
Withdrawal of an administrative complaint filed 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 case of withdrawal of an administrative complaint, the body considering the complaint ceases its substantive consideration and returns to the person who filed the administrative complaint the documents and (or) information submitted with the administrative complaint, except in cases where the administrative complaint is filed in electronic form.
Article 37. Term for Consideration of an Administrative Complaint
An administrative complaint is considered within one month from the date of its registration. The legislation on administrative procedures may provide for shorter terms for considering administrative complaints.
President of the Republic of Belarus