On January 23, Vitebsk / Olga Bogacheva - BELTA /. The law "On Citizens' and Legal Entities' Appeals", which entered into force in Belarus on January 22, systematizes legislation in this important area. This opinion was expressed to a BELTA correspondent by Igor Bogachev, Head of the Organizational and Control Department of the Vitebsk Regional Prosecutor's Office, Senior Justice Counsellor. "In fact, the new document regulates the procedure for exercising the constitutional right of every citizen to appeal to state bodies. At the same time, the use of this right has been expanded and is also granted to individual entrepreneurs and legal entities," Igor Bogachev emphasized. The law defines the basic terms, rights and obligations of applicants, the obligations of organizations when considering appeals, the procedure for submitting written and oral applications, the specifics of considering collective, anonymous, repeated, electronic and other appeals, the procedure for conducting personal interviews with citizens and representatives of legal entities, as well as other issues. Compared to the previously applicable law on citizens' appeals, the new one has a number of significant innovations. In particular, the procedure for drafting and considering electronic appeals received at e-mail addresses or posted on official websites of organizations on the Internet has been defined. Electronic appeals must contain the same information as written ones, but instead of a personal signature, the applicant's e-mail address should be indicated. Responses to such appeals, and in necessary cases, notifications of extension of their resolution period, will be sent (except in certain cases) to the e-mail address of the applicants indicated in the electronic appeals. "Given the development of internet technologies and their role in society, this is an important approach to organizing work with citizens' appeals," the interlocutor is confident. Heads of state bodies and other organizations now have the right to use technical means during personal interviews with citizens, their representatives, as well as representatives of legal entities, i.e., to conduct audio and video recording, film and photo shooting. However, the applicant must be notified of the use of such means before the personal interview begins. "This will protect the interests of each party in case of disputed situations," noted Igor Bogachev.

The new law establishes clearer requirements for written responses to written appeals. They must be substantiated and motivated (with references to legal norms where necessary), contain specific formulations that refute or confirm the applicants' arguments. Written responses are signed by the head of the organization, an individual entrepreneur, or authorized or designated officials. Responses to written appeals are provided in the language of the appeal (Russian or Belarusian). The period for considering written appeals (including entries in the book of remarks and suggestions) is set at no later than 15 days, and if additional study and verification are required – no more than one month, unless otherwise established by legislative acts. In cases where, to resolve the issues set out in the appeals, it is necessary to perform certain actions (carry out work, provide services), obtain information from a foreign state within periods exceeding one month, applicants are notified within five days from the date of extension of the appeal consideration period about the reasons for exceeding the one-month period and the timelines for performing such actions or for considering the appeals on their merits.

"Thus, overall, the document expands the opportunities for citizens and legal entities to appeal to government bodies, making the authorities more open and accessible to people," concluded Igor Bogachev.

In 2011, the prosecutor's offices of the Vitebsk region received almost 9.4 thousand appeals from citizens (a 5.3% increase compared to 2010), of which 6.5 thousand applications were resolved directly by prosecutors. Of the resolved appeals, 598 applications were satisfied, or 9.2% (11.8%). A high percentage of satisfied complaints was noted in the Gorodok, Liozno, Dubrovno, Sharkovshchina, and Postavy districts. The largest number of appeals were resolved regarding investigation or inquiry matters – 2980, or 45.8% of the total number of resolved appeals. 234 of these appeals were satisfied.

In addition, prosecutors reviewed 1509 applications from legal entities. 6.2 thousand people were received in person by employees of the prosecutor's office. Also, over the past year, the prosecutor's office conducted 112 inspections of compliance with legislation on citizens' appeals, as a result of which 88 submissions and 17 orders were sent to the heads of institutions, enterprises and organizations, and official warnings about the inadmissibility of law violations were issued against 29 officials. At the request of prosecutors, 120 people were brought to disciplinary, administrative and material liability.



BELTA