Correct order of submitting appeals

Article 3 of the Law of the Republic of Belarus "On Citizens' and Legal Entities' Appeals" provides for the right of citizens of the Republic of Belarus to submit electronic appeals.

With the development of information technologies, citizens increasingly choose this form of appeal to government bodies, including prosecutor's offices.

However, applicants do not always correctly understand the norms of the current legislation, which leads to their appeals being left without substantive consideration.

In particular, the Vitebsk Regional Prosecutor's Office has repeatedly received electronic appeals regarding disagreement with the привлечение to administrative responsibility by internal affairs bodies.

Such appeals were left without substantive consideration for the following reasons.

Thus, the Law of the Republic of Belarus "On Citizens' and Legal Entities' Appeals" does not apply to appeals subject to consideration in accordance with the legislation defining the procedure for administrative proceedings.

Complaints against the actions and decisions of an official of a body conducting administrative proceedings, as well as decisions on administrative offenses, are considered in accordance with the provisions of the Code of Administrative Procedure of the Republic of Belarus.

The current Code of Administrative Procedure of the Republic of Belarus does not provide for the possibility of submitting such complaints in electronic form.

Consequently, these complaints must be submitted in writing.

In addition, when appealing to the prosecutor's office with complaints against decisions on administrative offenses, one should not forget about the payment of state duty, the obligation of which is provided for by clause 1.4 of Article 284 and Article 286 of the Special Part of the Tax Code of the Republic of Belarus.

The amount of state duty depends on the amount of the imposed fine. The rates of state duty are indicated in Appendix 17 to the Special Part of the Tax Code of the Republic of Belarus.

Prosecutor of the Department for Supervision of Legislation Enforcement and Legality of Legal Acts of the Regional Prosecutor's Office Andrey Nizyulko