Since January 2, 2023 the amendments to the Law of the Republic of Belarus dated 18.07.2011 No. 300-З On Appeals of Individuals and Legal Entities (hereinafter – the Law) have come into force. In this regard, the procedure for submitting electronic appeals has changed. Electronic appeals shall be submitted via the State Uniform(Integrated) Republican Information System for Recording and Processing Appeals of Individuals and Legal Entities — обращения.бел.
Electronic appeals shall be considered in compliance with the current law of the Republic of Belarus.
Electronic appeals are replied in writing (written notifications are sent) when:
- in his or her electronic appeal, the applicant asks to send a written reply or both written reply and reply to his or her e-mail;
- an e-mail address is specified in the electronic appeal, where the reply (notification) could not be delivered for technical reasons.
ABOUT SUBMISSION AND CONSIDERATION OF ELECTRONIC APPEALS, AS WELL AS CASES OF LEAVING APPEALS WITHOUT CONSIDERATION ON THE MERITS
- The rules submitting appeals and sending them for consideration in accordance with the competence:
Electronic appeals shall be submitted via the State Uniform(Integrated) Republican Information System for Recording and Processing Appeals of Individuals and Legal Entities – обращения.бел.
Appeals shall be submitted to the organizations competent of solving the issues stated in the appeals.
When an organization receives an appeal containing issues out of its competence, it shall send such appeal to the competent organization within five business days and notify the applicant within the same period or leave the appeal without consideration on the merits within the same period in the manner established by the Law and notify the applicant to this effect with an explanation of which organization and in what manner the applicant should apply to solve the issues set out in the appeal.
Appeals in which court decisions are challenged shall be returned to the applicant not later than five business days with an explanation of the procedure for challenging court decisions.
Appeals containing information on a crime or other offense being prepared, in progress or committed shall be forwarded not later than five business days by the organizations by which they were received to the relevant law enforcement or other government authorities.
It is prohibited to file complaints to the organizations the actions (inaction) of which are challenged, except when consideration of such category of appeals falls within the exclusive competence of such organizations.
- Leaving appeals without consideration on the merits
A written appeal may be left without consideration on the merits when such appeal fail to meet the requirements to electronic appeals.
Anonymous appeals, i. e. the appeals of applicants lacking last name, first name and patronymic (if any) or initials of a person or place of residence (place of stay), or name (full or abbreviated) of a legal entity or its location, or its location or the specified data are not consistent with the reality, are not subject to consideration, unless they contain information on a crime being prepared, in progress or committed.
When the appeal is left without consideration on the merits, except as provided for by the seventh paragraph of Clause 1 of Article 15 and Article 23 of the Law, the applicant shall be notified that the appeal is left without consideration on the merits within five business days with an indication of reasons for such decision.
In cases under the third and the fourth paragraphs of Clause 1 of Article 15 of the Law, the applicant is also explained which organization and in what manner the applicant should apply to solve the issues set out in the appeal.
ABOUT REQUIREMENTS TO ELECTRONIC APPEALS
- Appeals shall be presented in Belarusian or Russian language.
- Electronic appeals of individuals shall contain:
- name and (or) address of the organization or position of a person the appeal is sent to;
- last name, first name and patronymic (if any) or initials of a person and his or her place of residence (place of stay);
- statement of the essence of the appeal;
- e-mail.
- Electronic appeals of legal entities and individual entrepreneurs shall contain:
- name and (or) address of the organization or position of a person the appeal is sent to;
- full name and location of the legal entity;
- statement of the essence of the appeal;
- last name, first name and patronymic (if any) or initials of the head or person duly authorized to sign appeals;
- e-mail.
- It is not allowed to use obscene or offensive words or expressions in appeals.
- Electronic appeals submitted by representatives of the applicants shall be attached by electronic copies of documents confirming their authorities.
- Appeals shall contain information on the results of its previous consideration with the documents (if any) confirming such information attached.
ABOUT THE NEED TO SUBMIT DOCUMENTS AND (OR) INFORMATION IN THE FORM OF FILES ATTACHED TO THE ELECTRONIC APPEAL, AND THE ACCEPTABLE FORMATS OF SUCH FILES
The acceptable formats of documents and (or) information specified in the fourth paragraph of the first part of this clause to be attached in the electronic forms or their graphical images on paper (scans) are: Portable Document Format/A (PDF/A), Office Open XML (DOCX), double-spaced format (DOC), Rich Text Format (RTF), text file (TXT), Open Document Format (ODT), data archiving and compression format (ZIP, RAR), Portable Network Graphics (PNG), Tagged Image File Format (TIFF), Joint Photograph Experts Group (JPEG), Joint Photograph Group (JPG).
ABOUT THE APPLICANT’S RIGHTS TO WITHDRAW AN ELECTRONIC APPEAL, TO CHALLENGE THE REPLY TO SUCH AN APPEAL, OR DECISION TO LEAVE IT WITHOUT CONSIDERATION ON THE MERITS, AND THE PROCEDURE FOR EXERCISING SUCH RIGHTS
- Withdrawal of electronic appeal
An electronic appeal may be withdrawn by submitting a written declaration of withdrawal or sending a declaration of withdrawal in the electronic form by the same method by which the electronic appeal was sent.
- Challenging the replies to appeals
The reply of the organization or decision to leave an appeal without consideration on the merits may be challenged to the superior organization.
Name, location and working hours of superior organizations are available at the official website in «One Stop Service» section.
- Leaving appeals without consideration on the merits
Written appeals may be left without consideration on the merits when such appeals fail to meet the requirements to electronic appeals.
Anonymous appeals, i. e. the appeals of applicants lacking last name, first name and patronymic (if any) or initials of a person or place of residence (place of stay), or name (full or abbreviated) of a legal entity or its location, or containing data that are not consistent with the reality, are not subject to consideration, unless they contain information on a crime being prepared, in progress or committed.
When the appeal is left without consideration on the merits, except as provided for by the seventh paragraph of Clause 1 of Article 15 and Article 23 of the Law, the applicant shall be notified that the appeal is left without consideration on the merits within five business days with an indication of reasons for such decision.
In cases under the third and the fourth paragraphs of Clause 1 of Article 15 of the Law of the Republic of Belarus dated July 15, 2015 No. 306-З On Appeals of Individuals and Legal Entities, the applicant is also explained which organization and in what manner the applicant should apply to solve the issues set out in the appeal.
ABOUT THE POSSIBILITY OF POSTING ON THE WEBSITE OF A STATE BODY OR OTHER STATE ORGANIZATION OF REPLIES TO ELECTRONIC APPEALS OF SIMILAR CONTENT FROM DIFFERENT APPLICANTS OF A LARGE-SCALE NATURE (MORE THAN TEN APPEALS) WITHOUT SENDING REPLIES (NOTIFICATIONS) TO THE APPLICANTS
In the event electronic appeals of similar content from different applicants are of a large-scale nature (more than ten appeals), the replies to such appeals may be posted by decision of the head of the state body or other state organization, or a person duly authorized to sign replies to the appeals, at the official website of such state body or other state organization in the Internet global computer network without sending replies (notifications) to the applicants.