Procedure for Challenging Administrative Decisions

LAW OF THE REPUBLIC OF BELARUS
October 28, 2008 No. 433-Z

On the Fundamentals of Administrative Procedures

Adopted by the House of Representatives on October 2, 2008

Approved by the Council of the Republic on October 9, 2008

EXTRACT

Article 30. Procedure for Challenging an Administrative Decision

1. The interested party and the third party have the right to challenge an administrative decision in an administrative (extrajudicial) manner.

2. The administrative complaint is submitted to the higher state authority (higher organization) or to the state authority, another organization, whose competence according to 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 authority considering the complaint).

3. Challenging an administrative decision in court is carried out after challenging such a decision in an administrative (extrajudicial) manner, unless another procedure for challenging is provided by legislative acts.

In the absence of an authority considering the complaint, the administrative decision of the authorized authority may be challenged directly in court.

Challenging an administrative decision in court is carried out in accordance with civil procedural or economic procedural legislation.

Article 31. Deadline for Submitting an Administrative Complaint

1. An administrative complaint may be submitted to the authority considering the complaint within one year from the date of adoption of the challenged administrative decision.
2. The authority considering the complaint has the right to restore the deadline for submitting an administrative complaint in case of missing such a deadline 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. The administrative complaint submitted in written form must contain:
the name of the authority considering the complaint;
information about the interested party and the third party (hereinafter, unless otherwise specified, the person who submitted the administrative complaint):
surname, first name, patronymic (if any), place of residence (place of stay) – for an individual;
name and location – for a legal entity;
name of the authorized authority that adopted the challenged administrative decision;
essence of the challenged administrative decision;
grounds on which the person submitting the administrative complaint considers the challenged administrative decision unlawful;
demands of the person submitting the administrative complaint;
list of documents and (or) information (if available) submitted together with the administrative complaint;
signature of the individual, or signature of the head of the legal entity or the person authorized in the established manner to sign the administrative complaint, or signature of the representative of the person who submitted the administrative complaint.
3. When submitting an administrative complaint in electronic form through the single portal of electronic services, the identification and authentication of individuals and legal entities are carried out using the methods established for submitting an application by the interested party in electronic form.

The administrative complaint submitted in electronic form must contain the information specified in paragraphs two to eight of paragraph 2 of this article.

In the case of submitting an administrative complaint in electronic form, there is no need to sign the documents and (or) information attached to it 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. Leaving an Administrative Complaint Without Consideration

1. An administrative complaint is left without consideration within three working days from the date of its registration if:
the consideration of the administrative complaint does not fall within the competence of the state authority, another organization;
the administrative complaint is submitted by an unauthorized person;
the administrative complaint is submitted after the established deadline and does not contain a request for the restoration of the missed deadline.
2. An administrative complaint may be left without consideration within three working days from the date of its registration if:
the requirements for the content of the administrative complaint are not met;
the authority considering the complaint already has a decision on this administrative complaint.
3. In the case of leaving an administrative complaint without consideration, the person who submitted the administrative complaint is returned the documents and (or) information submitted together with the administrative complaint, except in cases of submitting an administrative complaint in electronic form.
4. After eliminating the deficiencies that caused the administrative complaint to be left without consideration, the administrative complaint may be resubmitted to the authority considering the complaint.

Article 341. Withdrawal of an Administrative Complaint

1. The person who submitted the administrative complaint has the right to withdraw their administrative complaint at any time before its consideration is completed.
The withdrawal of an administrative complaint submitted in written form is carried out by submitting a written application to the authority considering the complaint.
The withdrawal of an administrative complaint submitted in electronic form is carried out by submitting an application in electronic form through the single portal of electronic services or in written form to the authority considering the complaint.
2. In the case of withdrawal of an administrative complaint, the authority considering the complaint ceases its consideration on the merits and returns to the person who submitted the administrative complaint the documents and (or) information submitted together with the administrative complaint, except in cases of submitting an administrative complaint in electronic form.