Law of the Republic of Belarus
October 28, 2008 No. 433-Z
On the Fundamentals of Administrative Procedures
(Extract)
Article 30. Procedure for appealing an administrative decision
1. An interested party and a third party have the right to appeal an administrative decision in an administrative (out-of-court) procedure.
2. An administrative complaint shall be sent to a higher state body (higher organization) or to a state body, another 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 referred to as the complaint-handling body).
3. An administrative decision shall be appealed in court after such decision has been appealed in an administrative (out-of-court) procedure, unless otherwise provided by legislative acts.
If there is no complaint-handling body, an administrative decision of an authorized body may be appealed directly to the court.
An administrative decision shall be appealed in court in accordance with civil procedural or economic procedural legislation.
Article 31. Time limit for filing an administrative complaint
1. An administrative complaint may be filed with the complaint-handling body within one year from the date of adoption of the contested administrative decision.
2. The complaint-handling body has the right to restore the time limit for filing an administrative complaint in case of missing such time limit for a valid reason (severe illness, long business trip, etc.).
Article 32. Form and content of an administrative complaint
1. An administrative complaint shall be submitted in writing or in electronic form.
2. An administrative complaint submitted in writing shall contain:
the name of the body considering the complaint;
information about the interested party and the third party (hereinafter, unless otherwise specified, the party submitting the administrative complaint):
surname, given name, patronymic (if any), place of residence (place of stay) – for an individual;
the name and location – for a legal entity;
the name of the authorized body that adopted the contested administrative decision;
the substance of the contested administrative decision;
the grounds on which the party submitting the administrative complaint considers the contested administrative decision unlawful;
the requirements of the party submitting the administrative complaint;
a list of documents and (or) information (if any) submitted with the administrative complaint;
the signature of the individual, or the signature of the head of the legal entity or the person duly authorized to sign the administrative complaint, or the signature of the representative of the party submitting the administrative complaint.
3. When submitting an administrative complaint in electronic form through the unified portal of electronic services, individuals and legal entities shall be identified and authenticated using the methods established for submitting an application by an interested party in electronic form.
An administrative complaint submitted in electronic form shall contain the information specified in the second to eighth paragraphs of clause 2 of this Article.
If an administrative complaint is submitted in electronic form, the documents and (or) information attached to it do not require signing with an electronic digital signature, unless otherwise provided by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus.
Article 341. Withdrawal of an administrative complaint
1. A person who has filed an administrative complaint has the right to withdraw their administrative complaint at any time before the completion of its consideration.
Withdrawal of an administrative complaint filed in writing is carried out by submitting an application in writing to the body considering the complaint.
Withdrawal of an administrative complaint filed in electronic form is carried out by submitting an application in electronic form through the unified portal of electronic services or in writing to the body considering the complaint.
2. In case of withdrawal of an administrative complaint, the body considering the complaint shall terminate its substantive consideration and return the documents and (or) information submitted with the administrative complaint to the person who filed the administrative complaint, except for cases where the administrative complaint is filed in electronic form.
Article 37. Time limit for considering an administrative complaint
An administrative complaint shall be considered within one month from the date of its registration. Legislation on administrative procedures may provide for shorter time limits for considering administrative complaints.
President of the Republic of Belarus A. Lukashenko