Excerpts from the Law of the Republic of Belarus on October 28, 2008 N 433-З
ON BASIS OF ADMINISTRATIVE PROCEDURES
Article 1. Basic terms used in this Law and their definitions
1. Administrative procedure – the actions of the authorized body, performed on the basis of an application of the interested person, to establish (provide, certify, confirm, register, secure), modify, suspend, preserve, transfer or terminate rights and (or) duties, issuance of a certificate or other document (its acceptance, approval, approval) (hereinafter – issue of a certificate or other document), or registration or accounting of an interested person, his property, or tavleniem cash, other property and (or) services from the national or local budgets, state extra-budgetary funds from the property being in the republican or municipal property.
2. The authorized body is a state body, another organization whose competence includes the implementation of an administrative procedure.
3. The interested person is a citizen of the Republic of Belarus, a foreign citizen or a stateless person, including an individual entrepreneur (unless otherwise specified, hereinafter referred to as a citizen), or a legal entity of the Republic of Belarus, another organization (hereinafter referred to as a legal entity) who apply ) for the implementation of the administrative procedure.
4. Application of the interested person – a written or oral appeal of the interested person to the authorized body for the implementation of the administrative procedure.
5. Administrative decision – the decision of the authorized body, taken when considering the application of the person concerned.
6. Administrative complaint – a complaint against an administrative decision taken in an administrative (extrajudicial) manner.
Article 10. Rights of Interested Persons
Interested persons have the right:
to apply to authorized bodies;
receive from the authorized bodies free forms (forms) of documents required by the legislation on administrative procedures for applying for administrative procedures;
receive from the authorized bodies an explanation of their rights and obligations;
to take part in administrative procedures personally and (or) through their representatives, unless otherwise provided by legislative acts;
get acquainted with the materials connected with the consideration of their applications, make extracts from them, unless otherwise provided by the legislation on state secrets, commercial or other secret protected by law;
receive administrative decisions or extracts from them;
withdraw its application at any time before the end of the administrative procedure; appeal against administrative decisions;
to exercise other rights stipulated by this Law and other acts of legislation on administrative procedures.
Article 11. Obligations of interested persons Interested parties are obliged:
politely treat employees of authorized bodies, not to use obscene or offensive words or expressions in relation to such employees;
submit documents and (or) information included in the lists of documents and / or information submitted by interested parties to the authorized bodies, as well as the documents specified in paragraphs 2 to 7 of paragraph 2 of Article 15 of this Law, in case of demand for such documents; to pay a fee charged for the implementation of administrative procedures;
timely inform the authorized bodies about the change in the place of residence (place of stay), location in the period of the administrative procedure;
perform other duties stipulated by this Law and other acts of legislation on administrative procedures.
Article 30. The procedure for appealing against an administrative decision
1. The interested person has the right to appeal an administrative decision in an administrative (extra-judicial) order.
2. An administrative complaint shall be forwarded to a state body or other organization higher than the authorized body that has taken an administrative decision or to a state body or other organization whose competence in accordance with legislative acts includes the consideration of such complaints (hereinafter referred to as the body considering the complaint ).
3. Appeal of an administrative decision in a judicial procedure is carried out after appealing such a decision in administrative (extra-judicial) order, unless another procedure for appealing is provided for by legislative acts.
The appeal of an administrative decision in a judicial procedure is carried out in accordance with the civil procedural or economic procedural legislation.
4. Submission of a complaint in an administrative (extrajudicial) manner does not deprive the interested person of the right to file a complaint with a court.
Article 31. Deadline for filing an administrative complaint
1. An administrative complaint may be submitted to 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 term for a valid reason (serious illness, long business trip, etc.).
Article 32. Form and content of administrative complaint
An administrative complaint shall be submitted in writing and the following shall be indicated therein:
the name of the body considering the complaint;
information on the person concerned (name, surname, first name, patronymic, place of residence (place of stay) – for citizens, name and location – for legal entities);
the name of the authorized body that adopted the appealed administrative decision;
the content of the appealed administrative decision;
grounds on which the interested person considers the appealed administrative decision to be illegal;
requirements of the person concerned;
documents and (or) information (if any) submitted with the administrative complaint;
signature of a citizen, or signature of the head of a legal entity or a person authorized in accordance with the established procedure to sign a complaint certified by a seal of a legal entity or signature of the representative of the person concerned (electronic digital signature of such persons).
Article 34. Withdrawal of administrative complaint without consideration
1. An administrative complaint shall be left without consideration within three days from the date of its filing in the event that:
consideration of an administrative complaint is not within the competence of a state body or other organization;
an administrative complaint was filed by an unauthorized person;
The administrative complaint is filed after the expiration of the deadline and does not contain an application for restoring the missed deadline.
2. An administrative complaint can be left without consideration within three days from the date of its filing in the event that the requirements for the content of the administrative complaint are not met.
3. In the event that an administrative complaint is left without consideration to the person concerned, the documents and / or information submitted with such a complaint are returned.
4. After elimination of the deficiencies that caused the administrative complaint to be left without consideration, an administrative complaint may be submitted again to the body considering the complaint.