Procedure and time limits for appealing administrative decisions
PROCEDURE AND TIME LIMITS FOR APPEALING ADMINISTRATIVE DECISIONS
Excerpts from the Law of the Republic of Belarus dated October 28, 2008 "On the basics of Administrative procedures"
Article 30. The procedure for appealing an administrative decision
1. An interested person and a third party have the right to appeal an administrative decision in an administrative (extrajudicial) manner.
2. An administrative complaint is sent to a higher state body (a 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 complaints (hereinafter referred to as the body considering an administrative complaint). complaint).
3. An appeal against an administrative decision in court is carried out after appealing such a decision in an administrative (extrajudicial) manner, unless another procedure for appealing 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.
The appeal of 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. The body considering the complaint has the right to restore the deadline for filing an administrative complaint in case of missing such a deadline for a valid reason (serious illness, long business trip, etc.).
Article 32. The form and content of the administrative complaint
1. An administrative complaint shall be filed in writing or electronically.
2. An administrative complaint filed in writing must contain:
name of the body considering the complaint;
information about the person concerned and the third party (hereinafter, unless otherwise specified, the person who filed the administrative complaint):
surname, proper name, patronymic (if any), place of residence (place of stay) – for a citizen;
name and location – for a legal entity;
the name of the authorized body that adopted 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 illegal;
requirements of the person who filed the administrative complaint;
the list of documents and (or) information (if any) submitted together with the administrative complaint;
the signature of a citizen, or the signature of the head of a legal entity, or a person authorized in accordance with the established procedure to sign an administrative complaint, or the signature of a representative of the person who filed the administrative complaint.
3. An administrative complaint in electronic form is filed through the unified portal of electronic services using the means of identification specified in paragraphs three and four of part one of paragraph 6 of Article 14 of this Law.
An administrative complaint filed electronically must contain the information specified in paragraphs two to eight of paragraph 2 of this article.
In case of filing an administrative complaint in electronic form, it is not required to sign documents and (or) the information attached to them with an electronic digital signature, unless otherwise provided by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus.
Article 33. Registration of administrative complaints
1. Administrative complaints are subject to registration on the day they are filed.
2. Administrative complaints received on a non-working day (non-working hours) are subject to registration no later than the first working day following it.
Article 34. Leaving an administrative complaint without consideration
1. An administrative complaint must be left without consideration within three working days from the date of its registration, if:
consideration of an administrative complaint does not fall within the competence of a state body or other organization;
The administrative complaint was filed by an unauthorized person;
The administrative complaint was filed after the deadline and does not contain a request to restore the missed deadline.
2. An administrative complaint may be left without consideration within three working days from the date of its registration, if:
the requirements for the content of the administrative complaint were not met;
The body considering the complaint already has a decision on this administrative complaint.
3. If an administrative complaint is left without consideration, the person who filed the administrative complaint shall be returned the documents and (or) information submitted together with the administrative complaint, except in cases of filing an administrative complaint in electronic form.
4. After the elimination of the shortcomings that led to the abandonment of the administrative complaint without consideration, the administrative complaint may be re-submitted to the body considering the complaint.
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