Excerpts from the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "On the Fundamentals of Administrative Procedures"
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 the higher state body (higher organization) or to the state body, other organization, whose competence, in accordance with the 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 it has been appealed in an administrative (out-of-court) procedure, unless a different appeal procedure is provided for by legislative acts.
If there is no complaint-handling body, the administrative decision of the 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 filed in written or electronic form.
2. An administrative complaint filed in writing shall contain:
- The name of the complaint-handling body;
- Information about the interested party and the third party (hereinafter, unless otherwise specified, referred to as the complainant):
- Surname, given name, patronymic (if any), place of residence (place of stay) — for an individual;
- Name and location — for a legal entity;
- Name of the authorized body that made the contested administrative decision;
- Subject matter of the contested administrative decision;
- Grounds on which the person filing the administrative complaint considers the contested administrative decision unlawful;
- Claims of the person filing the administrative complaint;
- List of documents and (or) information (if any) submitted with the administrative complaint;
- Signature of the individual, or signature of the head of the legal entity or the person duly authorized to sign the administrative complaint, or signature of the representative of the person who filed the administrative complaint.
3. An administrative complaint in electronic form shall be submitted through the unified portal of electronic services using the identification means specified in the third and fourth paragraphs of the first part of Article 14 of this Law.
The administrative complaint filed in electronic form must contain the information specified in the second to eighth paragraphs of point 2 of this Article.
In the case of filing an administrative complaint in electronic form, it is not required 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 33. Registration of Administrative Complaints
1. Administrative complaints shall be registered on the day of their submission.
2. Administrative complaints received on a non-working day (non-working hours) shall be registered no later than the first working day following it.
Article 34. Leaving an Administrative Complaint Without Consideration
1. An administrative complaint shall be left without consideration within three working days from the date of its registration if:
- The consideration of the administrative complaint is not within the competence of the state body, other organization;
- The administrative complaint is filed by an unauthorized person;
- The administrative complaint was filed after the expiry of the established deadline and does not contain a request for reinstatement 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 have not been met;
- The body considering the complaint already has a decision on this administrative complaint.
3. In case of leaving the administrative complaint without consideration, the documents and (or) information submitted with the administrative complaint shall be returned to the person who filed the administrative complaint, except in cases where the administrative complaint is filed in electronic form.
4. After eliminating the deficiencies that caused the administrative complaint to be left without consideration, the administrative complaint may be re-filed with the body considering the complaint.
Article 341. Withdrawal of an administrative complaint
1. The person who filed the administrative complaint has the right to withdraw their administrative complaint at any time before the end of its consideration.
The withdrawal of an administrative complaint filed in writing shall be carried out by submitting an application in writing to the body considering the complaint.
The withdrawal of an administrative complaint filed in electronic form shall be 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 the 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 in cases where the administrative complaint is filed in electronic form.