How has the procedure for submitting appeals changed?
As of January 2, 2023, amendments to the Law of the Republic of Belarus dated July 18, 2011, No. 300-Z "On Appeals of Citizens and Legal Entities" came into force.
1. Change in the procedure for submitting electronic appeals.
Electronic appeals can only be submitted through the state unified (integrated) republican information system for recording and processing appeals from citizens and legal entities, and only to state bodies and other state organizations.
Submitting electronic appeals via email or a special form on the website of the relevant organization will no longer be possible.
Belarusians are increasingly submitting appeals to state bodies in electronic format. Often, this is indeed less labor-intensive than preparing a written appeal or attending an appointment in person. However, electronic appeals have peculiarities: it is impossible to accurately identify the applicant or track the history of appeals.
State unified (integrated) republican information system for recording and processing appeals from citizens and legal entities is an information system designed for submitting electronic appeals to state bodies and other state organizations and receiving responses (notifications) to them, as well as for processing electronic appeals, responses (notifications) to them, electronic copies of written appeals, electronic copies of responses (notifications) to written appeals, and other information about the consideration of appeals, or about leaving appeals without substantive consideration.
To submit an electronic appeal to any state organization, the applicant must visit the website "обращения.бел" and undergo identification and authentication. Through this website (using a personal account), it will also be possible to receive a response to an electronic appeal.
An important issue resolved by the unified appeal submission system is citizen identification. The fact is that currently, electronic appeal forms on state body websites are quite simple. Anyone can enter fictitious last names, first names, patronymics, and contact details. The technology planned for use does not involve sending anonymous electronic appeals – it identifies the applicant in one way or another. Only a registered user can send an appeal.
Several methods can be used for system registration.
The most accessible is to fill in the necessary details within the appeal system itself. To prevent the entry of fictitious data, the account is linked to a real phone number.
You can also use an ID card or electronic digital signature tools. If a person has such a card or electronic digital signature, they can use them within the appeal system.
For applicants, access to the system, as well as the use of information resources, will be free of charge.
It is also possible to receive a response to an appeal
will be in several ways. After forming an appeal and filling out the form, at the very end of this process, it is necessary to check the boxes indicating how one would like to receive a response. Through the system, a person receives a response by default, but they can also choose other options - by email or in paper form. If they set up SMS notification, a notification will be sent to their phone number when the response to their appeal is ready.Thus, the state unified (integrated) republican information system for accounting and processing appeals from citizens and legal entities will become a single point of work with all types of appeals to state organizations.
2. Use of technical means by the applicant (audio and video recordings, film and photography) during personal reception
The applicant has the right to use audio and video recording, film and photography with the consent of the official conducting the personal reception.
At the same time, the right of officials of organizations conducting personal receptions, as well as employees of organizations authorized to make preliminary appointments for personal receptions, to refuse personal reception or appointment for personal reception, respectively, is introduced.
A situation is also foreseen where the applicant began unlawful use of technical means after the start of the personal reception, having already managed to state the essence of the appeal. In such a case, oral appeals may be left without consideration on the merits.
3. The concept of "abuse of the right to appeal" is introduced
The lists of cases where written and oral appeals may be left without consideration on the merits are supplemented by an indication that appeals may be left without consideration on the merits if they contain threats to life, health, and property, incitement to commit an unlawful act, or the applicant otherwise abuses the right to appeal.
In this case, the applicant will be sent a notification that the appeal has been left without consideration on the merits, indicating the reasons for such a decision.
A specific list of situations that are recognized as abuse of the right to appeal is not established, as it is impossible to account for all situations that arise in practice.
The decision to leave the appeal, in essence, on this basis is made in the general order by the head of the organization or an authorized official.
An electronic appeal will be left without consideration if it:
states the essence through links to Internet resources;
contains unreadable text;
uses obscene or offensive words or expressions.
4. Reduction of the number of organizations that maintain a book of comments and suggestions
The book of comments and suggestions will be maintained in organizations, by individual entrepreneurs selling goods, performing work, providing services in areas determined by the Council of Ministers of the Republic of Belarus (shops, catering establishments, and other similar facilities).
Before the changes, the obligation to maintain the book of comments and suggestions was imposed on all organizations and individual entrepreneurs.
In addition, comments and/or suggestions entered in the book of comments and suggestions and not related to the activities of the organization, individual entrepreneur selling goods, performing work, providing services, not related to the quality of goods sold, work performed, services rendered, are left without consideration on the merits without notifying the applicant.
5. Familiarization of applicants with materials directly related to the consideration of appeals
In order to exclude conflict situations,
related to the recording of information received, often arising in practice when applicants familiarize themselves with materials directly related to the consideration of applications (with the exception of materials containing information whose dissemination is restricted), the right of applicants to make extracts from these materials and to photograph them is enshrined.This will allow applicants to exercise their right to receive the necessary information, while avoiding the imposition of an obligation to make copies of such materials on organizations that provide them for review.
6. Responses to mass written applications
A separate article is allocated for regulating such applications.
Written applications of a mass nature are subject to a mechanism previously applied only to electronic applications.
If incoming written and/or electronic applications of similar content from different applicants are of a mass nature (more than 10 applications), responses to such applications, by decision of the head of the organization or a person authorized by him to sign responses to applications in the established manner, may be posted on the official website of the organization on the global computer network Internet without sending responses (notifications) to applicants.
7. Obligation of organizations and individual entrepreneurs to provide documents (their copies) and/or information necessary for resolving issues raised in applications
Organizations and individual entrepreneurs are obliged to provide, within 15 days, documents (their copies) and/or information necessary for resolving issues raised in applications, to organizations and individual entrepreneurs that have requested such documents (their copies) and/or information.
The imposition of this obligation is due to the need for legislative consolidation of a mechanism that ensures full and timely consideration of applications in cases where it is necessary to obtain information from third parties.
This requirement does not apply to cases of providing documents (their copies) and/or information on a paid basis and information whose dissemination is restricted.
9. Cases where a response may not be sent to the applicant
Applications are taken into account and no responses are sent to them if:
• the applications do not contain any recommendations, requirements, petitions, reports of violations of legislative acts, shortcomings in the work of organizations;
• the applications contain only thanks;
• the applications contain a request from the applicant not to send a response to the application.
Before the changes, the possibility of not sending a response if the application contained a request from the applicant not to send a response was not legally enshrined. A response to the application was sent despite the applicant's request not to send it.
10. Clarification of the wording of the definition of application review periods calculated in months
To ensure accurate practical application, the wording of the procedure for determining application review periods calculated in months is clarified.
Thus, the calculation of periods defined in months or days begins on the day following the day of registration of the application in the organization, or the entry of comments and/or suggestions in the book of comments and suggestions.
However, the approach to such a definition itself does not change.
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