There must be order in administrative procedures

Improving the procedure for carrying out administrative procedures is one of the key provisions of Directive of the President of the Republic of Belarus No. 2 dated December 27, 2006 "On measures for further debureaucratization of the state apparatus".

In this regard, the regional prosecutor's offices have established systematic work to study the state of legality in the implementation of administrative procedures in local executive and administrative bodies, their structural divisions, as well as in other state bodies and organizations.

The largest number of violations in this area in the current year has been identified in housing and communal services organizations.

For example, a check carried out at the UP ZhKH of the Miory district revealed facts of registration and consideration of citizens' applications for the write-off of penalties for overdue debt on payment for housing and communal services, and for relocation to a vacant dormitory room within the framework of the Law of the Republic of Belarus "On Citizens' and Legal Entities' Appeals". At the same time, according to the List of administrative procedures carried out by state bodies and other organizations upon applications of citizens, approved by Decree of the President of the Republic of Belarus No. 200 dated April 26, 2010 (hereinafter referred to as the List), making decisions on such applications is an administrative procedure.

In the Unitary Novolukoml Housing and Communal Services Enterprise "Kommunalnik", in violation of paragraph 1 of Article 7 of the Law of the Republic of Belarus "On the Fundamentals of Administrative Procedures", information stands did not contain information about the performance of such common administrative procedures as "issuance of an extract (copy) from a work record book", "issuance of a certificate of place of work, service and position held", "issuance of a certificate of employment period".

Also, the information stand contained inaccurate information about the employee receiving individuals during the performance of one of the administrative procedures, as the said employee had been on childcare leave until the child reached the age of three since December 2017.

In Novopolotsk KUP ZhREO, facts of unlawful collection of funds from citizens during the implementation of

of the administrative procedure provided for in paragraph 17.7 of the List, for the issuance of a registration certificate and tag for dogs and cats.

This administrative procedure, in accordance with the requirements of the List, is carried out by organizations that operate housing stock and (or) provide housing and communal services, free of charge. However, Novopolotsk KUP ZhREO charged citizens 3 Belarusian rubles for the issuance of a tag and 0.06 Belarusian rubles for the issuance of a certificate by providing relevant information to the settlement and cash center for inclusion in the utility bill.

In connection with the identified violations of the legislation on administrative procedures, city and district prosecutors of Vitebsk region have issued 10 acts of prosecutorial supervision this year, as a result of which 14 officials have been brought to disciplinary responsibility.

Deputy Head of the Department for Supervision
over the Enforcement of Legislation
and Legality of Legal Acts
of the Vitebsk Region Prosecutor's Office
Junior Justice Counselor Dmitry Kudryavtsev