Republican Association "Belsemena"

The procedure and deadlines for appealing administrative decisions

Types of Administrative Decisions

When considering the application of an interested person by the authorized body, one of the following administrative decisions is taken:

• refusal to accept the application of the interested person;
• on the implementation of the administrative procedure;
• refusal to carry out an administrative procedure.

Denial of administrative procedure

The authorized body refuses to carry out the administrative procedure:

• if there are no grounds for its implementation provided for by the legislation on administrative procedures;
• if the interested party has submitted documents and (or) information that does not meet the requirements of the law, including false, fake or invalid documents;
• in other cases provided for by legislative acts.

Form and content of administrative decision

1. An administrative decision to carry out an administrative procedure or to refuse to carry out an administrative procedure shall be made in writing, including by making entries in registers, registers, protocols, data banks, other documents or information resources.

An administrative decision to refuse to accept a statement of an interested person is taken orally, except for cases when the interested person submits an application by mail or in the form of an electronic document or if the interested person requires that this decision be made in writing, as well as other cases provided for by legislative acts.

2. Unless otherwise provided by the legislation on administrative procedures, the following shall be indicated in the administrative decision made in writing:

• date and registration number of the administrative decision;
• name of the authorized body that made this decision;
• information about the person concerned (last name, first name, patronymic, place of residence (place of stay) - for citizens; name and location - for legal entities);
• the content of the administrative decision;
• legal grounds for an administrative decision, the procedure for appealing an administrative decision - in case of refusal to accept the application of the person concerned;
• legal grounds for the administrative decision, factual circumstances established when considering the application of the person concerned, the procedure for appealing the administrative decision - in case of refusal to carry out the administrative procedure;
• the signature of the employee of the authorized body whose competence includes the signing of such a decision.

3. Certificates or other documents issued during the implementation of administrative procedures shall be equated to the written form of an administrative decision.

Procedure for appealing an administrative decision

1. An interested person has the right to appeal an administrative decision in an administrative (out-of-court) order.

2. An administrative complaint shall be forwarded to the state body, another organization, superior to the authorized body that made the administrative decision, or to the state body, other organization, the competence of which in accordance with legislative acts includes the consideration of such complaints (hereinafter - the body considering the complaint )

3. An appeal of an administrative decision in a judicial proceeding shall be carried out after an appeal of such a decision in an administrative (out-of-court) order, unless another procedure for appeal is provided for by legislative acts.

The appeal of an administrative decision in a judicial proceeding is carried out in accordance with the civil procedural or economic procedural legislation.

4. Filing a complaint in an administrative (out-of-court) procedure does not deprive the person concerned of the right to file a complaint with the court.

Deadline for filing an administrative complaint

1. An administrative complaint may be filed with the body considering the complaint within one year from the date of the adoption of the appealed administrative decision.

2. The body considering the complaint has the right to restore the deadline for filing an administrative complaint if such a deadline is missed for a good reason (serious illness, long trip, etc.).

Term for consideration of an administrative complaint

An administrative complaint shall be considered within one month from the date of its submission. Legislation on administrative procedures may provide for shortened periods for the consideration of administrative complaints.