Procedure for appealing administrative decisions
Procedure for appealing administrative decisions
Law of the Republic of Belarus dated October 28, 2008 No. 433-Z “On the fundamentals of administrative procedures” (hereinafter referred to as the Law)
(Extract):
Article 30. 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 (superior 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 the consideration of such complaints (hereinafter referred to as the body considering the complaint).
3. An appeal of an administrative decision in court is carried out after an appeal of such a decision in an administrative (extrajudicial) procedure, unless a different procedure for appeal is provided for by legislative acts.
If there is no body considering the complaint, the administrative decision of the authorized body can be appealed directly to the court.
An 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 if such a deadline is missed for a valid reason (serious illness, long business trip, etc.).
Article 32. Form and content of an administrative complaint
1. An administrative complaint is submitted in written or electronic form.
2. An administrative complaint submitted in writing must contain:
- name of the body considering the complaint;
- information about the interested person and the third party (hereinafter, unless otherwise indicated, the person who filed the administrative complaint):
- surname, first name, patronymic (if any), place of residence (place of stay) - for a citizen;
- name and location - for a legal entity;
- name of the authorized body that made 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 to be unlawful;
- requirements of the person who filed the administrative complaint;
- a list of documents and (or) information (if any) submitted along with the administrative complaint;
- signature of a citizen, or the signature of the head of a legal entity or a person authorized in the prescribed manner 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 submitted through a single portal of electronic services using the identification means specified in paragraphs three and four of part one of paragraph 6 of Article 14 of this Law.
An administrative complaint submitted in electronic form must contain the information specified in paragraphs two to eight of paragraph 2 of this article.
If an administrative complaint is filed in electronic form, it is not required to sign with an electronic digital signature the documents and (or) information attached to it, unless otherwise provided by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus.
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