General requirements for the implementation of administrative procedures
General requirements for the procedure for carrying out administrative procedures are enshrined in the Law of the Republic of Belarus of October 28, 2008 “On the Fundamentals of Administrative Procedures” (hereinafter referred to as the Law).
In the process of carrying out its activities, the one-stop service of the Brest District Executive Committee is guided by the basic principles of implementing administrative procedures provided for by the Law:
legality;
equality of interested persons before the law;
·priority of interests of interested parties;
· openness of administrative procedures;
· efficiency and accessibility of the administrative procedure;
· one-stop-shop principle;
·cooperation in the implementation of administrative procedures.
The Law applies to relations arising during the implementation of administrative procedures upon applications not only from citizens, but also from individual entrepreneurs and legal entities.
An interested person may participate in the implementation of an administrative procedure personally and (or) through his representatives, on the basis of an act of legislation, or an act of an authorized government body, or constituent documents, or a power of attorney executed in the manner prescribed by law.
The law defines:
·competence of authorized bodies;
· rights and obligations of interested parties.
The period for carrying out the administrative procedure cannot exceed fifteen days, and if the authorized body sends a request to other state bodies, other organizations - one month, unless a different period is provided for by legislative acts or resolutions of the Council of Ministers of the Republic of Belarus.
If the authorized body sends a request to the competent authority of a foreign state, the period for carrying out the administrative procedure is suspended from the day the request is sent until the day the requested documents and (or) information are received.
The validity period of a certificate or other document issued during an administrative procedure cannot be less than six months, unless a different period is provided for by legislative acts or resolutions of the Council of Ministers of the Republic of Belarus.
The interested person has the right to withdraw his application at any time before the end of the administrative procedure by notifying in writing the authorized body considering the application of the interested person.
The law provides for the obligation of the authorized bodies that issued a certificate or other document to an interested person to certify the accuracy of copies of these certificates or other documents, at the request of the interested person, unless the law provides for the need for notarization of the accuracy of copies of such a certificate or other document.
The law establishes the right of an interested person to appeal an administrative decision in an administrative (extrajudicial) manner to higher state bodies.
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