The results of work with appeals for 2021 have been summarized
In the past year, the prosecutor's office of the region received more than 7.5 thousand appeals. At the same time, almost 4 thousand citizens and representatives of legal entities attended personal appointments with prosecutors.
It should be noted that, as before, the resolution of more than 30 percent of incoming appeals, including those received during personal appointments, is outside the competence of the prosecutor's office and is forwarded to the relevant departments.
In this regard, we would like to remind applicants once again that in 2007, Decree of the Head of State No. 498 established that appeals, regardless of which state body or other organization they are received by, are initially subject to substantive review in accordance with their competence. This Decree approved the List of state bodies and other organizations responsible for the substantive review of appeals in various spheres of public life, which should be guided when submitting appeals.
Within the scope of their powers, the prosecutor's office considers appeals from citizens and organizations containing information about violations of legislation.
It should also be remembered that the prosecutor's office considers not only appeals covered by the Law of the Republic of Belarus "On Appeals of Citizens and Legal Entities," but also complaints for which a different procedure for submission and consideration is established.
In particular, the submission of complaints against the actions and decisions of inquiry and investigation bodies, bodies conducting administrative proceedings, and appeals against court decisions in criminal and civil cases through electronic communication channels is not provided for.
Failure to comply with the requirements for the form and content of appeals, and the procedure for their submission, results in such complaints being left without substantive consideration (more than 400 appeals were left without consideration last year).
Traditionally, the actions and decisions of inquiry bodies have most often been appealed to the prosecutor's offices (over a thousand such complaints have been resolved). It should be noted that last year the proportion of appeals in this category that were recognized as justified significantly increased (from 27.8% to 49.6%).
The highest percentage of satisfaction of such complaints was in the prosecutor's offices of Chashniki, Beshenkovichi, Lepel, Vitebsk districts, the city of Vitebsk, the city of Novopolotsk, in connection with which the heads of internal affairs bodies
of these regions should pay close attention to the quality of inspections of applications and reports of crimes.
At the same time, both the number of considered and satisfied complaints against investigators decreased. Fewer appeals regarding supervision of legislation execution were considered and recognized as justified. Although this does not always indicate an improvement in the state of legality in a particular region.
For example, in February 2021, only after the intervention of the prosecutor of the Tolochin district, the former employee of OJSC "Tolochinsky Rayagropromservice" received final payment upon dismissal. Due to violations of labor legislation, the director and chief accountant of this organization were brought to administrative and disciplinary responsibility.
In the Vitebsk district, the prosecutor's intervention was required to restore the violated housing rights of minors with the status of a child left without parental care.
More appeals were received by the prosecutor's offices regarding the filing of lawsuits (applications) in court in the interests of individuals and legal entities (over 600 applications were sent to the courts of general jurisdiction).
For example, in order to protect the rights of a citizen, the regional prosecutor's office filed a lawsuit with the court of the Moskovsky District of Minsk to establish the fact of the nullity of sale and purchase and operational leasing agreements, applying the consequences of recognizing the transactions as null and void. This citizen (a Group 2 disabled person) was misled, as a result of which an amount five times higher than the loan received from LLC "AvtoTрейдЛизинг" for the purchase of a mobile phone was recovered from him. By the court's decision, the regional prosecutor's claim was satisfied in full.
Prosecutors provided significant assistance to business entities in recovering overdue accounts receivable.
In total, in the past year, in civil proceedings and economic proceedings, prosecutors filed more than 1.8 thousand claims (applications) totaling 9.5 million rubles.
Complaints regarding compliance with legislation during the execution of enforcement documents were more often recognized as justified.
For example, the incompleteness of the check of the debtor's property status conducted by the bailiff of the enforcement department of the Orsha district and the city of Orsha served as grounds for the regional prosecutor's office to file a protest against the bailiff's ruling on returning the enforcement document to the claimant and to bring him to disciplinary responsibility.
Deputy Head of the Organizational and Control Department of the Vitebsk Regional Prosecutor's Office S.L. Zaitseva