Amendments have been made to the Code of Administrative Offenses and the Code of Procedural-Executive of Administrative Offenses

The Law of the Republic of Belarus dated 08.01.2018 introduced amendments to the Code of the Republic of Belarus on Administrative Offenses (KoAP) and the Procedural and Enforcement Code of the Republic of Belarus on Administrative Offenses (PIKoAP), which entered into force on 31.01.2018.

These amendments are significant, have affected a wide range of social relations, and require detailed study.

We would like to draw attention to only a few innovations.

Thus, the penalties for a number of articles of the KoAP have been amended towards mitigation of punishments.

For example, the minimum fine for such an offense as petty theft committed for the first time has been reduced from 10 to 2 base units.

Certain elements of offenses have been decriminalized and have lost their force.

In particular, Article 18.18 of the KoAP of the Republic of Belarus (driving a vehicle by a person who does not have documents provided for by the traffic rules) has lost its force.

The procedure for appealing the actions and decisions of officials in conducting administrative proceedings, and decisions on cases of administrative offenses, has not significantly changed.

However, in accordance with Part 1 of Article 7.3 of the PIKoAP of the Republic of Belarus, it is now determined that a decision to terminate a case of an administrative offense, appealed within fifteen days from the date of its issuance, may subsequently be appealed within the period of imposing an administrative penalty for the said offense.

Also, currently, according to paragraph 13 of Part 2 of Article 2.15 of the PIKoAP, prosecutors are empowered to revoke by their decision, which contradicts legislative acts, decisions on imposing administrative penalties issued in accordance with Part 3 of Article 10.3 of the PIKoAP.

Special attention should be paid to the amendments and additions made to Article 6.5 of the KoAP and Article 10.3 of the PIKoAP, in accordance with which the fine imposed by a decision issued in accordance with Part 3 of Article 10.3 of the PIKoAP is subject to payment within the general period established by Part 1 of Article 15.3 of the PIKoAP (not

later than 1 month from the date of the decision). In case of non-payment of the fine within the period established by Part 1 of Article 15.3 of the Code of Administrative Offences, its amount shall be increased by two base units.

Senior Prosecutor of the Regional Prosecutor's Office Irina Kryukovskaya.