Law of the Republic of Belarus
October 28, 2008 No. 433-Z
On the Basics of Administrative Procedures
(Excerpt)
Article 10. Rights of Interested Parties
- Interested parties have the right to:
- apply to authorized bodies with applications;
- free of charge receive from authorized bodies the forms (templates) of documents provided for by legislation on administrative procedures, necessary for applying for the implementation of administrative procedures;
- receive explanations of their rights and obligations from authorized bodies;
- participate in the implementation of administrative procedures personally and (or) through their representatives, unless otherwise provided by legislative acts;
- familiarize themselves with the 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 the implementation of administrative procedures, make extracts from them, unless otherwise provided by legislation on state secrets, commercial or other secrets protected by law;
- receive administrative decisions (their copies, extracts from them);
- withdraw their application at any time before the completion of the administrative procedure;
- appeal adopted 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 with politeness, do not use obscene or offensive words or expressions towards such employees;
- to submit to the 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 the second to seventh paragraphs of the first part of Article 15 of this Law, in case such documents are requested;
- to pay the fee charged when carrying out administrative procedures;
- to promptly inform the authorized bodies of changes in their place of residence (place of stay), place of location during the period of carrying out the administrative procedure;
- to fulfill other obligations provided for by this Law and other legislative acts on administrative procedures.
- Article 11 1. Rights and obligations of third parties
- 1. Third parties have the right:
- to receive explanations of their rights and obligations from the authorized bodies;
- to familiarize themselves with the materials related to the administrative procedures in which they participate (participated), including documents and (or) information obtained by the authorized bodies from other state bodies, other organizations, necessary for carrying out administrative procedures, to make excerpts from them, unless otherwise provided by legislation on state secrets, commercial or other information protected by law;
- to withdraw their consent (including consent expressed by signing the application of the interested party) to the carrying out of an administrative procedure at any time before the completion of the administrative procedure;
- to appeal administrative decisions made;
- to withdraw their administrative complaint;
- to exercise other rights provided for by this Law and other legislative acts on administrative procedures.
- 2. Third parties are obliged:
- to treat employees of authorized bodies with courtesy, not to use obscene or offensive words or expressions towards such employees;
- to fulfill other obligations provided for by this Law and other legislative acts on administrative procedures.
Article 30. Procedure for appealing an administrative decision
- 1. An interested party and a third party have the right to appeal an administrative decision in an administrative (out-of-court) procedure.
- 2. An administrative complaint shall be submitted to a superior state body (superior 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 referred to as the complaint-handling body).
- 3. An administrative decision may be appealed in court after such decision has been appealed administratively (out-of-court), unless otherwise provided by legislative acts.
- If there is no complaint-handling body, an administrative decision of an authorized body may be appealed directly to the court.
- An administrative decision shall be appealed in court in accordance with civil procedural or economic procedural legislation.
Article 31. Time limit for filing an administrative complaint
1. An administrative complaint may be filed with the complaint-handling body within one year from the date of adoption of the contested administrative decision.
2. The complaint-handling body has the right to restore the time limit for filing an administrative complaint in case of missing such time limit for a valid reason (severe illness, long business trip, etc.).
Article 32. Form and content of an administrative complaint
- 1. An administrative complaint shall be filed in written or electronic form.
- 2. An administrative complaint filed in written form shall contain:
- the name of the complaint-handling body;
- information about the interested party and the third party (hereinafter, unless otherwise specified, the complainant):
- surname, given name, patronymic (if any), place of residence (place of stay) – for an individual;
- name and location – for a legal entity;
- the name of the authorized body that adopted the contested administrative decision;
- the essence of the contested administrative decision;
- the grounds on which the complainant considers the contested administrative decision unlawful;
- requirements of the person filing the administrative complaint;
- list of documents and (or) information (if any) submitted with the administrative complaint;
- signature of a citizen, or the signature of the head of a legal entity or a person duly authorized to sign the administrative complaint, or the signature of the representative of the person who filed the administrative complaint.
- 3. When filing an administrative complaint in electronic form through the unified portal of electronic services, citizens and legal entities are identified and authenticated using the methods established for filing an application by an interested party in electronic form.
- The administrative complaint filed in electronic form must contain the information specified in the second to eighth paragraphs of clause 2 of this Article.
- If an administrative complaint is filed in electronic form, the documents and (or) information attached to it are not required to be signed with an electronic digital signature, unless otherwise provided by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus.
- Article 34 1 . 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 writing is carried out by submitting an application in writing 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 unified portal of electronic services or in writing to the body considering the complaint.
- 2. In case of withdrawal of an administrative complaint, the body considering the complaint shall terminate its substantive consideration and return the documents and (or) information submitted with the administrative complaint to the person who filed the administrative complaint, except in cases where the administrative complaint is filed in electronic form.
Article 37. Time limit for consideration of an administrative complaint
The administrative complaint shall be considered within one month from the date of its registration. Legislation on administrative procedures may provide for shorter time limits for the consideration of administrative complaints.
| Full Name | Position / Status |
|---|---|
| President of the Republic of Belarus | A.Lukashenko |