Verification of compliance with legislation on administrative procedures and other legislation in the field of housing relations
The prosecutor's offices of the Vitebsk region conducted an inspection of the activities of local executive and administrative bodies, housing and communal services organizations on compliance with the requirements of legislation on citizens' and legal entities' appeals, on administrative procedures, and other legislation in the sphere of housing relations, architecture, and construction.
An inspection of the activities of district executive committees on the implementation of administrative procedures in the sphere of housing privatization, preferential housing construction loans, registration of citizens in need of improved housing conditions, and other issues revealed violations of legislation.
In particular, the inspected entities did not always comply with the deadlines for carrying out administrative procedures. For example, contrary to the requirements of Article 12 of the Law of the Republic of Belarus "On the Fundamentals of Administrative Procedures," the Polotsk District Executive Committee considered citizen M.'s application for the provision of state housing stock premises with a violation of the one-month deadline.
In violation of established requirements, the Ushachi District Executive Committee made decisions on administrative procedures for registering lease agreements in the absence of necessary documents (technical passports, documents confirming the right of economic management or operational management of residential premises). In the Orsha district, violations of legislation on record-keeping for administrative procedures and other shortcomings were identified.
The regional prosecutor's office identified violations in the consideration of administrative complaints against the decisions of executive committees in the specified area of activity, and established cases of providing citizens with unverified information based on the results of considering these complaints.
For example, in response to an administrative complaint against the decision of the Polotsk District Executive Committee to refuse a large family financial support for loan repayment, citizen L. was unreasonably informed that his family was registered as needing improved housing conditions and had the right to receive this
financial support. At the same time, the specified family subsequently did not receive financial support from the state due to the absence of grounds for it.In December 2014, Citizen K. received a response from the Vitebsk Regional Executive Committee stating that she was not registered as needing housing improvement and was not entitled to be provided with a vacant room in an apartment. However, the check revealed that the specified citizen had been on this register since 2007 and had grounds for satisfying her claims. Subsequently, by a decision of the Lepel District Executive Committee, she was provided with a vacant room in an apartment under a lease agreement for state housing stock.
The inspection also revealed numerous violations of the legislation on citizens' and legal entities' appeals in the activities of local executive and administrative bodies, housing and communal services organizations, and other legislation in the sphere of housing relations, architecture, and construction.
Based on the results of the inspection conducted by the prosecutor's offices of the Vitebsk region, more than 25 supervisory acts were submitted to the chairmen of city and district executive committees and heads of housing and communal services organizations. Regarding the revealed violations of legislation, the regional prosecutor's office prepared a corresponding representation to the Vitebsk Regional Executive Committee.
Prosecutor of the Department for Supervision of Enforcement of Legislation and Legality of Legal Acts of the Vitebsk Regional Prosecutor's Office Marina Zaprudskaya