How has the procedure for submitting appeals changed?
As of January 2, 2023, amendments to the Law of the Republic of Belarus of July 18, 2011 No. 300-Z "On Appeals of Citizens and Legal Entities" have entered into force. 1. Change in the procedure for submitting electronic appeals.
The submission of electronic appeals will be possible only through the state unified (integrated) republican information system for recording and processing appeals of citizens and legal entities, and only to state authorities and organizations.
Submitting electronic appeals via email or a special form on the website of the respective organization will no longer be possible.
Belarusians are increasingly submitting appeals to state authorities in electronic format. Often, this is indeed less time-consuming than preparing a written appeal or visiting in person for an appointment. However, electronic appeals have certain specifics: it is impossible to accurately identify the applicant or track the history of appeals.
The state unified (integrated) republican information system for recording and processing appeals of citizens and legal entities is an information system designed for submitting electronic appeals to state authorities and other state organizations and receiving responses (notifications) to them, as well as for processing electronic appeals, responses (notifications) to them, electronic copies of written appeals, electronic copies of responses (notifications) to written appeals, and other information regarding the consideration of appeals, as well as on leaving appeals without substantive consideration.
To submit an electronic appeal to any state organization, the applicant must visit the «obrashcheniya.by» website 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 appeal.
A significant issue addressed by the unified system for submitting appeals is the identification of citizens.
The fact is that electronic appeal forms on government websites are currently quite simple.
Anyone may provide a fictitious surname, first name, patronymic, and contact information.
The technology planned for implementation does not permit the submission of anonymous electronic appeals, as it identifies the applicant in one way or another.
Only a registered user may submit an appeal.
Several methods are available for registration in the system.
The most accessible method is to fill in the required details directly within the appeals system.
To prevent the entry of fictitious data, account linking to a valid phone number is provided.
Alternatively, an ID card or electronic digital signature tools may be used.
If an individual possesses such a card or electronic digital signature, they may use it within the appeals system.
For applicants, access to the system and the use of information resources will be free of charge.
Applicants will also be able to receive responses to their appeals through several methods.
After submitting an appeal and completing the form, at the final stage of the process, applicants must select checkboxes indicating their preferred method for receiving a response.
Responses are delivered through the system by default, but applicants may also choose other options, such as via email or in paper format.
If an SMS notification is enabled, a message will be sent to the applicant's phone number once the 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 serve as a single point of contact for all types of appeals submitted to state organizations.
2. Use by the applicant of technical means (audio and video recording, photography and cinematography) during a personal meeting
The applicant has the right to use audio and video recording, photography, and cinematography with the consent of the official conducting the personal meeting.
In this regard, the right is introduced for officials of organizations conducting personal receptions, as well as for employees of organizations authorized to carry out pre-registration for personal receptions, to refuse, respectively, a personal reception or registration for a personal reception.
A situation is also provided for in which the applicant begins unlawful use of technical means after the personal reception has commenced, having already stated the essence of the appeal. In such a case, oral appeals may be left without consideration on the merits.
3. The concept of "abuse of the right to submit an appeal" is introduced.
The lists of cases in which written and oral appeals may be left without consideration on the merits are supplemented by a provision stating that appeals may be left without consideration on the merits if they contain threats to life, health, and property, incitement to commit an unlawful act, or if the applicant otherwise abuses the right to submit an appeal.
Accordingly, the applicant will be sent a notification regarding the decision to leave the appeal without consideration on the merits, specifying the reasons for such a decision.
A specific list of situations recognized as abuse of the right to submit an appeal is not established, as it is impossible to account for all situations that may arise in practice.
The decision to leave the appeal without consideration on the merits on this ground is made in the general manner by the head of the organization or an official authorized by them.
An electronic appeal will be left without consideration if it:
the essence is stated by means of links to internet resources; contains unreadable text; uses profane or offensive words or expressions. 4. Reduction of the range of organizations in which a book of remarks and suggestions is kept
A book of remarks and suggestions will be maintained by organizations and individual entrepreneurs selling goods, performing works, or providing services in sectors determined by the Government (retail stores, catering outlets, and other similar facilities).
Currently, the obligation to maintain a book of remarks and suggestions applies to all organizations and individual entrepreneurs.
Furthermore, comments and/or proposals entered in the book of comments and proposals that do not relate to the activities of an organization or an individual entrepreneur selling goods, performing works, or providing services, and do not concern the quality of the goods sold, works performed, or services provided, shall remain unexamined on the merits without notifying the applicant thereof.
5. Familiarization of applicants with materials directly related to the consideration of appeals
To prevent conflict situations related to the recording of received information, which frequently arose in practice when applicants familiarized themselves with materials directly related to the consideration of appeals (except for materials containing information whose dissemination is prohibited), applicants are granted the right to make extracts from such materials and to photograph them.
This will enable the realization of applicants' right to obtain the necessary information, while avoiding the imposition of the obligation to produce copies of such materials on the organizations providing them for review.
6. Responses to written appeals of a mass nature
A separate article is dedicated to the regulation of such appeals.
The mechanism previously applied only to electronic appeals shall also apply to written appeals of a mass nature.
If incoming written and/or electronic appeals of similar content from different applicants are of a mass nature (more than 10 appeals), responses to such appeals may, by decision of the head of the organization or a person authorized by him to sign responses to appeals in the established manner, be posted on the organization's official website on the Internet without sending responses (notifications) to the applicants.
7. Obligation of organizations and individual entrepreneurs to provide documents (copies thereof) and/or information necessary for resolving the issues set forth in the appeals
Organizations and individual entrepreneurs shall be obligated to submit, within 15 days, documents (their copies) and/or information necessary for resolving the issues set forth in appeals, to organizations and individual entrepreneurs that have requested such documents (their copies) and/or.
The imposition of the specified obligation is necessitated by the need to legislatively establish a mechanism ensuring the full and timely consideration of appeals in cases where it is required to obtain any information from third parties.
This requirement does not apply to cases of providing documents (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 for information and responses to them are not sent in the following cases:
the appeals do not contain any recommendations, demands, petitions, reports of violations 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 legislatively established. A response to the appeal shall be sent despite the applicant's request not to send it.
10. Clarification of the wording for determining the consideration periods for appeals calculated in months
To ensure accurate application in practice, the wording of the procedure for determining the consideration periods for appeals calculated in months is being clarified.
Thus, the running of periods determined by months or days begins on the day following the day of registration of the appeal in the organization, or the submission of comments and/or proposals to the book of comments and proposals.
At the same time, the approach to such determination itself remains unchanged.