Electronic appeals
In accordance with Article 1 of the Law of the Republic of Belarus
dated July 18, 2011 "On the appeals of citizens and
legal entities" (hereinafter referred to as the Law) electronic appeal -
the applicant's appeal received by e-mail
mail of the organization or placed in a special section
on the official website of the organization in the global
computer network Internet. However, according to Article 2
The law does not apply to appeals,
to be considered in accordance with
legislation on constitutional proceedings,
civil, civil procedural, economic
procedural, criminal procedural
legislation, legislation governing
order of the administrative process, legislation
about administrative procedures, employee's appeals to
employer, as well as other appeals in respect of which
legislative acts establish a different procedure for their
filing and consideration, as well as
to the correspondence of state bodies when they perform
functions assigned to them by regulatory legal
acts
According to Article 3 of the Law, citizens, individual
entrepreneurs and legal entities of the Republic of Belarus
have the right to appeal
in the organization by submitting electronic applications. At
this
in accordance with the second part of paragraph 1 of Article 4 of the Law
electronic appeals on behalf of disabled citizens
submitted by their legal representatives. Legal entities
exercise the right to appeal through their bodies or their
representatives. Located
on the territory of the Republic of Belarus foreign citizens and
faces
stateless, representative offices of foreign
organizations enjoy the right to treatment on an equal footing with
citizens of the Republic of Belarus and legal entities
Republic of Belarus, unless otherwise
not defined by the Constitution of the Republic of Belarus and
international treaties of the Republic of Belarus. Right to
the appeal is implemented by the applicants voluntarily.
Exercise by applicants of their rights
for treatment should not violate the rights, freedoms and (or)
legitimate interests of others
In accordance with paragraph 2 of Article 25 of the Law e-mails must comply the following requirements
* All appeals are stated in Belarusian or Russian language
Electronic appeals of citizens should contain:
- name and (or) address of the organization or the position of the person to whom the appeal is sent
-
surname, first name, patronymic (if any)
available)
or the initials of the citizen, the address of his placeresidence (place of stay) - to electronic applications submitted representatives of the applicants must be accompanied by electronic copies of documents confirming them powers
- applicant's email address
- statement of the gist of the appeal
Electronic appeals of legal entities should contain:
- name and (or) address of the organization or the position of the person to whom the appeal is sent
- full name of the legal entity and its location
- surname, first name, patronymic (if any) available) of the head or person authorized sign applications in the prescribed manner
- to electronic applications submitted representatives of the applicants must be accompanied by electronic copies of documents confirming them powers
- applicant's email address
- statement of the gist of the appeal
In accordance with Article 25 of the Law, electronic
appeals received by government agencies and
other state organizations are subject to
consideration in the manner prescribed
for the consideration of written applications, taking into account
features provided for in this article.
At the same time, according to subparagraph 1.1 of paragraph 1 of the Decree
President of the Republic of Belarus dated October 15, 2007
No. 498 "On additional measures to work with
appeals of citizens and legal entities” appeals
citizens, including individuals
entrepreneurs, as well as legal entities,
regardless of which government agency
or other organization they entered, initially
be considered on the merits in accordance with
with competence:
-
in local executive and administrative bodies,
organizations subordinate to them, territorial
subdivisions (bodies) and organizations subordinated to
or included in the (system) republican
government agencies
and government organizations subordinate Government, other public authorities, other organizations operating and located within that administrative-territorial unit, onterritory of which the issues set out in appeals -
in other state bodies, other organizations,
if the issues raised in the appeals are
to the exclusive competence of these bodies or organizations
Electronic appeals can be left without
consideration
Essentially, if:
- appeals do not meet the requirements, established by paragraphs 1-6 of Article 12 of the Law
-
appeals are subject to consideration in accordance
with constitutional law litigation, civil, civil procedural, economic procedural, criminal procedure legislation, legislation governing the administrative process, legislation on administrative procedures, appeals are appeals of the employee to the employer
or in accordance with the laws established a different procedure for filing and consideration of such appeals -
appeals contain questions, the solution of which is not
applies
to the competence of the organization in which they entered - the applicant filed a second application, and it does not contains new circumstances that are important to consider the appeal on the merits
- correspondence with the applicant was terminated on the basis of the handling issues
In accordance with Article 23 of the Law, anonymous
appeals, that is, appeals of applicants in which
last name, first name, patronymic (if
there is one) or the initials of the citizen
or the address of his place of residence (place of stay)
or the name of the legal entity (full or
abbreviated)
or its location or the specified data is not
correspond to reality, are not subject to
consideration if they do not contain information about
preparing, doing or done
crime.
We draw particular attention to the fact that, in accordance with
article
19 of the Law:
- Appeals are considered free of charge
-
Expenses incurred by organizations, individuals
entrepreneurs in connection with the consideration
systematically directed (three or more times per
during the year) unreasonable appeals to the same
the same organization, to one
and the same individual entrepreneur from one
and the same applicant, as well as applications containing deliberately false information (amounts to be paid experts and other professionals involved in consideration of appeals, postalexpenses, expenses, related to the visit to the place of consideration of the application, and other expenses, with the exception of labor time of employees considering appeals), may be recovered from applicants in court in accordance with the law