How has the procedure for submitting appeals changed?
Since January 2, 2023, amendments to the Law of the Republic of Belarus No. 300-Z of July 18, 2011 "On Citizens' and Legal Entities' Applications" have come into force. 1. Change in the procedure for submitting electronic applications.
Electronic applications will be submitted only through the state unified (integrated) republican information system for recording and processing citizens' and legal entities' applications, and only to state bodies and organizations.
Submitting electronic applications via e-mail or a special form on the website of the respective organization will no longer be possible.
Belarusians are increasingly submitting applications to state bodies in electronic format. Often, this is indeed less labor-intensive than preparing a written application or attending an in-person appointment. However, electronic applications have their peculiarities: it is impossible to accurately identify the applicant or track the history of applications.
The state unified (integrated) republican information system for recording and processing citizens' and legal entities' applications is an information system designed for submitting electronic applications to state bodies and other state organizations and receiving responses (notifications) to them, as well as for processing electronic applications, responses (notifications) to them, electronic copies of written applications, electronic copies of responses (notifications) to written applications, and other information on the consideration of applications, and on leaving applications without substantive consideration.
To submit an electronic application to any state organization, the applicant must visit the website "обращения.бел" and undergo identification and authentication. Through the specified website (using a personal account), it will also be possible to receive a response to the electronic application.
An important issue that the unified system for submitting appeals addresses is the identification of citizens. The fact is that currently, the electronic appeal forms on government websites are quite simple. Anyone can enter a fictitious last name, first name, patronymic, and contact details. The technology planned for use does not allow for anonymous electronic appeals – it identifies the applicant one way or another. Only a registered user can submit an appeal.
There are several ways to register in the system.
The most accessible method is to fill in the necessary details within the appeals system itself. To prevent the entry of fictitious data, the user account is linked to a real phone number.
You can also use an ID card or electronic digital signature. If a person has such a card or electronic digital signature, they can use them within the appeals system.
Access to the system and the use of information resources will be free for applicants.
There will also be several ways to receive a response to an appeal. After creating an appeal and filling out the form, at the very end of this process, you need to select how you would like to receive the response. By default, a person receives the response through the system, but they can also choose other options – via email or in paper format. If they set up SMS notifications, they will receive a notification on their phone number once a response to their appeal is ready.
Thus, the state unified (integrated) republican information system for recording and processing appeals from citizens and legal entities will become a single point of contact for all types of appeals to government organizations.
2. Use of technical means (audio and video recording, film and photo shooting) by the applicant during a personal reception
The applicant has the right to use audio and video recording, film and photo shooting with the consent of the official conducting the personal reception.
At the same time, officials of organizations conducting personal reception, as well as employees of organizations authorized to make preliminary appointments for personal reception, are granted the right to refuse personal reception or appointment for personal reception, respectively.
A situation is also envisaged where the applicant begins unlawful use of technical means after the start of a personal reception, having already managed to state the essence of the appeal. In such a case, oral appeals may be left without substantive consideration.
3. The concept of "abuse of the right to appeal" is introduced
The lists of cases where written and oral appeals may be left without substantive consideration are supplemented by the indication that appeals may be left without substantive consideration if they contain threats to life, health, and property, incitement to commit an unlawful act, or if the applicant abuses the right to appeal in any other way.
At the same time, the applicant will be sent a notification of leaving the appeal without substantive consideration, indicating the reasons for making such a decision.
A specific list of situations that are recognized as abuse of the right to appeal is not established, as it is impossible to take into account all situations that arise in practice.
The decision to leave the appeal without substantive consideration on this ground is made in the general order by the head of the organization or an official authorized by him.
An electronic appeal will be left without consideration if it:
states the essence by referring to Internet resources; contains unreadable text; uses obscene or offensive words or expressions. 4. Reduction of the scope of organizations where a book of remarks and suggestions is kept
A book of remarks and suggestions will be kept by organizations, individual entrepreneurs selling goods, performing work, providing services in areas determined by the government (shops, catering establishments, and other similar facilities).
Currently, the obligation to keep a book of remarks and suggestions is imposed on all organizations and individual entrepreneurs.
In addition, remarks and/or suggestions made in the book of remarks and suggestions that do not relate to the activities of the organization or individual entrepreneur selling goods, performing work, or providing services, and do not concern the quality of the goods sold, work performed, or services rendered, will remain unconsidered on the merits without notifying the applicant.
5. Familiarization of applicants with materials directly related to the consideration of appeals
In order to eliminate conflict situations related to the recording of received information, which often arose in practice when applicants were familiarized with materials directly related to the consideration of appeals (with the exception of materials containing information whose dissemination is prohibited), the right of applicants to make excerpts from these materials and to photograph them is enshrined.
This will allow applicants to exercise their right to receive necessary information, while avoiding the imposition of the obligation to produce copies of such materials on organizations that provide them for familiarization.
6. Responses to written mass appeals
A separate article is allocated to regulate such appeals.
The mechanism previously applied only to electronic appeals will apply to written appeals of a mass nature.
If incoming written and/or electronic appeals of a similar content from different applicants are of a mass nature (more than 10 appeals), responses to such appeals, by decision of the head of the organization or a person authorized by them to sign responses to appeals in the prescribed manner, may be posted on the official website of the organization on the Internet without sending responses (notifications) to the applicants.
7. Obligation of organizations and individual entrepreneurs to provide documents (their copies) and/or information necessary for resolving issues set forth in the appeals
Organizations and individual entrepreneurs are obliged to submit documents (or their copies) and/or information necessary for resolving the issues set forth in the appeals to organizations and individual entrepreneurs who have requested such documents (or their copies) and/or information within 15 days.
The imposition of this obligation is due to the need to legally establish a mechanism that ensures the full and timely consideration of appeals in cases where it is necessary to obtain any information from third parties for this purpose.
This requirement does not apply to cases of submitting documents (or their copies) and/or information on a paid basis, and information whose dissemination is restricted.
9. Cases where a response to the applicant may not be sent
Appeals are taken into account, and responses to them are not sent in cases where:
the appeals lack any recommendations, requirements, petitions, notifications of violation of legislative acts, or shortcomings in the work of organizations; the appeals contain only expressions of gratitude; the appeals contain a request from the applicant not to send a response to the appeal. Currently, the possibility of not sending a response if the appeal contains a request from the applicant not to send a response to the appeal is not legally enshrined. A response to the appeal must be sent, despite the applicant's request not to send it.
10. Clarification of the wording for determining the deadlines for considering appeals, calculated in months
To ensure accurate practical application, the wording of the procedure for determining the deadlines for considering appeals, calculated in months, is clarified.
Thus, the running of deadlines, determined in months or days, begins on the day following the day of registration of the appeal in the organization, or the day following the day of making remarks and/or suggestions in the remarks and suggestions book.
At the same time, the approach to such determination does not change.