Procedure for submitting and considering complaints against the actions and decisions of an official of the body conducting the administrative process

In practice, situations often arise when participants in administrative proceedings, or other persons, express their disagreement with the actions of an official of the body conducting the administrative proceedings (hereinafter referred to as the person conducting the proceedings).

 The procedure for filing and considering such complaints is defined by Chapter 7 of the Code of Administrative Offences of the Republic of Belarus (hereinafter referred to as the Code of Administrative Offences). This same chapter defines the procedure for filing and considering complaints against decisions to terminate an administrative offense case, issued at the stage of its preparation for consideration (not to be confused with a decision issued based on the results of the case review).

Article 7.1 of the Code of Administrative Offences defines the circle of persons entitled to file complaints against the actions and decisions of the person conducting the proceedings, which is exhaustive. In the interests of the specified persons, a complaint may also be filed by a representative, provided that they have a document confirming their authority to represent their interests.

Part 1 of Article 7.3 of the Code of Administrative Offences establishes the time limits for filing complaints against the actions of the person conducting the proceedings, as well as against a decision to terminate the case.

Thus, a complaint against actions can only be filed before a decision is made. A complaint filed after the case has been sent for consideration, including during the consideration of the case, is subject to consideration along with the case. The existence of a decision in the case precludes the filing and substantive consideration of a complaint against the actions of the person conducting the proceedings. However, arguments of disagreement with the actions of such a person may be stated in a complaint against the decision and are subject to evaluation during its consideration.

A complaint against a decision to terminate an administrative offense case, issued at the stage of its preparation for consideration, may be filed within fifteen days from the date of its issuance. In this case, the restoration of the specified period is not provided for by law. Subsequently, a complaint against such a previously appealed decision may be filed within the period of administrative penalty for this offense established by Article 7.6 of the Code of Administrative Offences of the Republic of Belarus.

Senior Prosecutor of the Department for Supervision of Legislation Enforcement and Legality of Legal Acts I. Kryukovskaya.