Procedure for appealing administrative decisions

On the fundamentals of administrative procedures

EXCERPT

Article 30. Procedure for appealing an administrative decision

1. An interested person and a third party have the right to appeal an administrative decision through administrative (extrajudicial) procedure.

2. An administrative complaint is sent to a superior state body (superior organization) or to a state body, 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 – the body considering the complaint).

3. An administrative decision may be appealed in court after such decision has been appealed through administrative (extrajudicial) procedure, unless a different appeal procedure is provided for by legislative acts.

In the absence of a body considering the complaint, an administrative decision of an authorized body may be appealed directly to court.

An administrative decision is appealed in court 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 administrative decision being appealed.

2. The body considering the complaint has the right to reinstate the deadline for filing an administrative complaint if such deadline was 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 filed in written or electronic form.

2. An administrative complaint filed in written form must contain:

the name of the body considering the complaint;

information about the interested person and the third party (hereinafter, unless otherwise specified, – 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;

the name of the authorized body that made the administrative decision being appealed;

the essence of the administrative decision being appealed;

the grounds on which the person who filed the administrative complaint considers the administrative decision being appealed to be unlawful;

the demands of the person who filed the administrative complaint;

a list of documents and (or) information (if any) submitted together with the administrative complaint;

the signature of the citizen, or the signature of the head of the legal entity or a person authorized in the prescribed manner to sign the administrative complaint, or the signature of the representative of the person who filed the administrative complaint.

3. An administrative complaint in electronic form is submitted through the 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 filed in electronic form must contain the information specified in paragraphs two to eight of paragraph 2 of this article.