In which cases can an administrative process be initiated only upon the victim's application?

The issue of bringing the guilty person to administrative responsibility does not always depend on the bodies conducting the administrative process. There is a category of offenses for which responsibility arises only if the victim so desires.

In accordance with Art. 4.5 of the Code of Administrative Offenses of the Republic of Belarus, such offenses include, in particular, intentional infliction of bodily harm and other violent actions or violation of a protective order (Art. 9.1); defamation (Art. 9.2); insult (Article 9.3); misappropriation of found property (Article 10.6); causing property damage (Article 10.7); destruction or damage to crops, harvested agricultural crops or plantings (Article 10.8); intentional destruction or damage to property (Article 10.9); violation of traffic rules by a person driving a vehicle, which caused minor bodily harm to the victim (Part 1articles 18.17); violation of traffic rules by a pedestrian and other road users (part 4 of article 18.23) in case of causing light bodily harm or damage to a vehicle, cargo, road surface, roads and other structures, or other property to the victim by a pedestrian, a person driving a bicycle, a horse-drawn vehicle, or a person participating in road traffic and not driving a vehicle.

An administrative process for committing the above-mentioned acts may be initiated only upon the application of the victim or their legal representative to bring the offender to administrative responsibility.

The absence of such an application, as well as the reconciliation of the victim with the offender before the adoption of a decision in the case, excludes the bringing of the guilty person to responsibility.

However, Article 9.4 of the Code of Administrative Offenses of the Republic of Belarus provides an exception to the above rule. The norm contained in this article provides for the right of the prosecutor to initiate an administrative process for committing acts provided for in Article 9.1 of the Code of Administrative Offenses of the Republic of Belarus (intentional infliction of bodily harm and other violent actions or violation of a protective order), or to give a written instruction to the internal affairs body to initiate it, even in the absence of a victim's request. An administrative process initiated in this way is not subject to termination in case of reconciliation of the victim (legal representative) with the offender.

This deviation from the rule is intended to protect victims who, for any reason, are deprived of the opportunity to defend themselves or do not wish to do so, thereby endangering their life and health.

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