Substantive Review of Appeals
Written appeals are considered substantively reviewed if all issues raised therein have been addressed, appropriate measures have been taken to protect, ensure the realization, and restore the rights, freedoms, and/or legitimate interests of the applicants, and written responses have been sent to them.
In response to appeals for information published in official periodic print publications, other mass media, or made publicly available on the official websites of state bodies and other state organizations on the global computer network Internet, or on other state information resources of the global computer network Internet, or on the websites of other organizations, instead of such information, the name, publication date, and issue number of the official periodic print publication or other mass media where the requested information is published, or the address of the website on the global computer network Internet where the requested information is posted, may be provided.
Responses may not be sent to applicants if specific actions (work performed, services rendered) have been taken to resolve the issues raised in the appeals in the presence of the applicants. The results of the substantive review of such appeals are formalized by the applicants making corresponding entries on the appeals, certified by their signatures, or by drawing up a separate document confirming the performance of these actions (work performed, services rendered).
Upon receipt of written appeals containing issues that are not within their competence, state bodies and organizations shall, within five working days, forward the appeals for review to organizations within their competence and notify the applicants within the same period, or within the same period, in accordance with the procedure established by the Law, shall leave the appeals without substantive review and notify the applicants thereof, explaining to which organization and in what manner they should apply for the resolution of the issues set forth in the appeals.
Written appeals that challenge court decisions shall be returned to the applicants no later than five working days, with an explanation of the procedure for appealing court decisions.
Oral appeals are considered to be substantively reviewed if all issues raised in them have been reviewed, appropriate measures have been taken to protect, ensure the implementation, and restore the rights, freedoms, and/or legitimate interests of the applicants, and the responses have been announced to the applicants during the personal reception where the oral appeals were made.
If the resolution of an issue raised during a personal reception is not within the competence of the department, the applicant shall be informed of the state body or organization to which they should apply for a substantive review of their issue.
If the appeals contain no recommendations, requirements, petitions, notifications of violation of legislative acts, or shortcomings in the work of organizations, or if they contain only expressions of gratitude, such appeals shall be taken into consideration, and no responses shall be sent to them.
Responses must be substantiated and motivated (with references to legal norms, if necessary), and contain specific formulations that refute or confirm the applicants' arguments.
Written responses to complaints regarding the actions (inaction) of organizations, individual entrepreneurs, and their employees must contain an analysis and assessment of the said actions (inaction), and information about the measures taken in case the complaints are found to be justified.
If written responses to appeals contain decisions to fully or partially deny the satisfaction of the appeals, such responses shall indicate the procedure for appealing them.
Leaving an appeal without substantive review
Written appeals may be left without substantive review if:
- written appeals do not meet the requirements established by paragraphs 1-6 of Article 12 of the Law, and electronic appeals do not meet the requirements established by Article 25 of the Law. Appeals are subject to review in accordance with the legislation on constitutional proceedings, civil, civil procedural, economic procedural, criminal procedural legislation, legislation defining the procedure for administrative proceedings, legislation on administrative procedures, or in accordance with legislative acts establishing a different procedure for submitting and reviewing such appeals;
- the appeals contain questions, the resolution of which is not within the competence of the organization to which they were received, including if the remarks and/or suggestions made in the book of remarks and suggestions do not relate to the activities of this organization, individual entrepreneur, do not concern the quality of goods produced (sold), works performed, services rendered;
- the deadline for submitting a complaint has been missed without a valid reason;
- the applicant has submitted a repeated appeal and it does not contain new circumstances relevant to the substantive consideration of the appeal;
- correspondence with the applicant on the issues raised in the appeal has been terminated.
Oral appeals may be left without substantive consideration if:
- documents identifying the applicants, their representatives, as well as documents confirming the powers of the applicants' representatives, have not been presented;
- the appeals contain questions, the resolution of which is not within the competence of the organization where the personal reception is held;
- the applicant has already been given a comprehensive answer to the questions of interest during the personal reception, or correspondence with this applicant on such issues has been terminated;
- the applicant uses obscene or offensive words or expressions during the personal reception.
The decision to leave a written appeal without substantive consideration is made by the head of the organization, the individual entrepreneur to whom the appeal was received, or an authorized official (in the Ministry of Labor and Social Protection of the Republic of Belarus – by Deputy Ministers).
When a written appeal is left without substantive consideration, except for the case where correspondence with the applicant on the issues raised in the appeal has been terminated, and if there is data on the place of residence (place of stay) or location of the applicant, the applicant is notified in writing within five working days about leaving the appeal without substantive consideration, indicating the reasons for making such a decision, and the originals of the documents attached to the appeal are returned to them.
In cases where an appeal is subject to review under the legislation on constitutional proceedings, civil, civil procedural, economic procedural, criminal procedural legislation, legislation defining the procedure for administrative proceedings, legislation on administrative procedures, or if another procedure for submitting and reviewing such appeals is established by legislative acts, as well as when appeals contain issues that are not within the competence of the organization to which they were submitted, including if remarks and/or suggestions do not relate to the activities of this organization, individual entrepreneur, do not concern the quality of goods produced (sold), works performed, services rendered, applicants are also informed about which organization and in what order they should apply to resolve the issues set forth in the appeals.
The decision to leave an oral appeal, made during a personal reception, without substantive consideration is announced to the applicant during this reception by the official conducting the personal reception, indicating the reasons for making such a decision.
Anonymous appeals, i.e., appeals from applicants in which the surname, given name, patronymic (if any) or initials of a citizen, or the address of their place of residence (place of stay), or the name of a legal entity (full or abbreviated) or its location, are not indicated, or the indicated data do not correspond to reality, are not subject to consideration, unless they contain information about a planned, ongoing, or committed crime.
Withdrawal of an Appeal
An applicant has the right to withdraw their appeal before it is considered on its merits by submitting a corresponding written or electronic application.
In case of withdrawal of an appeal by the applicant, the organization, individual entrepreneur shall cease to consider this appeal on its merits and return the original documents attached to the appeal to the applicant.
Deadlines for Considering Appeals
The period of time, determined in months or days, begins on the day following the day of registration of the appeal in the organization, or the entry of remarks and/or suggestions into the book of remarks and suggestions of the organization, individual entrepreneur.
The running of periods defined by months or days shall be calculated in calendar months or days, unless otherwise established by the Law of the Republic of Belarus "On Citizens' and Legal Entities' Addresses".
The period for considering addresses sent to organizations for consideration in accordance with their competence shall be calculated from the day following the day of registration of the addresses in these organizations.
The periods for considering addresses sent to a Deputy of the House of Representatives, a Member of the Council of the Republic of the National Assembly of the Republic of Belarus, a Deputy of a local Council of Deputies, who are absent due to vacation, temporary disability, business trip, shall be calculated from the day following the day of the end of the vacation, temporary disability, business trip.
The period for considering addresses, calculated in months, shall expire on the corresponding date of the last month of this period. If the end of the period, calculated in months, falls on a month in which there is no corresponding date, then the period for considering addresses shall expire on the last day of this month.
If the last day of the period for considering addresses falls on a non-working day, then the first following working day shall be considered the day of expiration of the period.
Written addresses shall be considered within fifteen days, and addresses requiring additional study and verification - within one month, unless another period is established by legislative acts.
In the event that, in order to resolve the issues set forth in the addresses, it is necessary to perform certain actions (carry out work, provide services), to obtain information from a foreign state within periods exceeding one month, applicants shall be sent a written notification of the reasons for exceeding the one-month period and the deadlines for performing such actions (carrying out work, providing services) or the deadlines for considering the addresses on the merits, no later than one month from the day following the day of receipt of the addresses.