EVOLUTION OF THE LEGISLATION ON APPEALS OF CITIZENS AND LEGAL ENTITIES IN BELARUSБЕЛАРУСЬТАҒЫ АЗАМАТТАР МЕН ЗАҢДЫ ТҰЛҒАЛАРДЫҢ ӨТІНІШТЕРІ ТУРАЛЫ ЗАҢНАМАНЫҢ ДАМУЫ
Keywords:
сomplaints of citizens, complaints individual entrepreneurs and legal entities, public services, e-complaintsAbstract
The article addresses the main stages of the development of the legislation of the Republic Belarus regulating applications of individuals and legal entities. The article characterizes legal acts that were in force at that time:
1st stage (1990-1996) – applying legislation of the former USSR;
2nd stage (1996-2011) – development and adaptation of legislation of the former USSR in legal normative acts of the Republic Belarus;
3rd stage (2011-present) – forming independent model of legal regulation.
Special emphasis is placed on peculiarities of Belarusian legislation regulating applications of individuals and legal entities at the present time (reduction of categories of applications that fall under the scope of the legislation on applications, increase in the circle of holders of the right to apply, deepening of the procedural regulation, increase in the ways of presenting applications, etc..).
The author also analyzes the prospects of the development of this institution in the legislation of Belarus.
In particular, it is forecast to continue narrowing the scope of application of the legislation on applications, increasing the ways of presenting applications, creating legal framework for countering abuse of the right to apply.
Special emphasis is placed on correlation between legislation regulating applications of individuals and legal entities and legislation on administrative procedures since the scope of these institutions largely overlaps.
According to the author, the adoption of legislation on administrative procedures do not exclude applying legislation on applications. Familiarity and accessibility of legislation on applications to people, undeveloped basic terminology of administrative and procedural legislation, strengthening of the procedural aspects of legislation on applications are indicated as arguments for this position. Overly complicated requirements of administrative and procedural law that are not necessary for all categories of cases are also noted.
It is more effective to consider the simplest categories of cases within a simplified procedure. Legislation on applications can be considered as such simplified procedure. Herewith, in order to ensure uniformity of approaches to the relationship between administrative agencies and people subsidiary application of legislation on administrative procedure in such situations is prospective.
