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THE PROCEDURAL AND EXECUTIVE CODE OF THE REPUBLIC OF BELARUS ABOUT ADMINISTRATIVE OFFENCES

of January 6, 2021 No. 92-Z

Accepted by the House of Representatives on December 18, 2020

Council of the Republic on December 18, 2020

Procedural part

Section I. General provisions

Chapter 1. Basic provisions

Article 1.1. The legislation determining procedure for administrative process *

1. The procedural and executive code of the Republic of Belarus about administrative offenses is based on the Constitution of the Republic of Belarus, the conventional principles of international law and regulations of international treaties of the Republic of Belarus, other international legal acts containing obligations of the Republic of Belarus national traditions, social and cultural values of the Belarusian people and determines:

1) procedure for administrative process;

2) rights and obligations of participants of administrative process;

3) procedure for application of preventive corrective actions;

4) procedure for execution of administrative punishments.

2. This Code is the single law determining procedure for administrative process, existing in the territory of the Republic of Belarus. The regulations of other legal acts determining procedure for administrative process, the right and obligation of his participants are component of the legislation determining procedure for administrative process and are subject to inclusion in this Code.

3. The procedure for administrative process determined by this Code is single and obligatory for all state bodies, other organizations and officials conducting administrative process and also for other his participants.

4. If the international treaty of the Republic of Belarus provides other rules, than those which are established by this Code then are applied rules of the international treaty.

______________________________

* Articles in this Code are designated by several Arab figures divided by point. Figures to point designate chapter number, and after point - sequence number of Article within the chapter; parts of Articles and notes (except for having one part) are numbered by the Arab figures with point, Items of parts - the Arab figures with bracket.

Article 1.2. Tasks of the Procedural and executive code of the Republic of Belarus about administrative offenses

1. Tasks of the Procedural and executive code of the Republic of Belarus about administrative offenses are:

1) ensuring protection of life, health, the rights, freedoms and legitimate interests of physical persons, interests of society and state, the rights and legitimate interests of legal entities (further if other is not established, - the protected interests);

2) establishment of process of law of conducting administrative process;

3) regulation of questions of application of preventive corrective actions and execution of resolutions on imposing of administrative punishments.

2. This Code is designed to promote ensuring justice, increase in sense of justice and legal culture of physical persons, their education in the spirit of the observance of this Code and other acts of the legislation, international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus, to respect of national traditions, social and cultural values of the Belarusian people, the rights and freedoms of other persons.

Article 1.3. Operation of the Procedural and executive code of the Republic of Belarus about administrative offenses

1. Administrative process in the territory of the Republic of Belarus is conducted according to this Code irrespective of the place of making of administrative offense.

2. When conducting administrative process the law existing respectively during the beginning of conducting administrative process, preparation of case on administrative offense for consideration, its consideration and execution of administrative punishment is applied.

3. Action of this Code extends to citizens of the Republic of Belarus, foreign citizens, stateless persons, individual entrepreneurs, legal entities, and also to state bodies and their officials.

4. Concerning persons who are immune to administrative jurisdiction of the Republic of Belarus, the legal proceedings provided by this Code are made only at their request or from their consent. Consent to production of such actions is asked through the Ministry of Foreign Affairs.

Article 1.4. Explanation of separate terms of the Procedural and executive code of the Republic of Belarus about administrative offenses

1. For the purposes of uniform and exact application of the terms used in this Code their following determinations are accepted:

1) administratively arrested - the physical persons subjected to administrative punishment in the form of administrative detention and leaving it in the places determined according to legal acts;

2) administrative process - the procedure for activities of his participants determined by this Code on the case of administrative offense;

3) close relatives are parents, children, adoptive parents (adopters) adopted (adopted), brothers and sisters, the grandfather, the grandma, grandsons, and also the spouse (spouse) of the victim, physical person concerning which administrative process, the witness is conducted;

4) case on administrative offense - the isolated production which includes the statement, the message on administrative offense, the protocol on administrative offense, the resolution on the case of administrative offense and other materials relating to administrative offense;

5) the claim - the requirement about recovery of the rights, freedoms and the legitimate interests violated when conducting administrative process;

6) the dwelling - the room intended for permanent or temporary residence of people (the individual apartment house, the apartment, the room in hotel, giving, garden lodge, etc.), and also those its components which are used for rest, storage of property or satisfaction of other needs of the person (balconies, the glazed verandahs, storage rooms and other rooms);

7) legal representatives are parents, adoptive parents (adopters), guardians, custodians of the victim, physical person concerning which administrative process, representatives of the organizations to whom the legislation assigns accomplishment of obligations of guardians, custodians of the victim, physical person concerning which administrative process is conducted is conducted;

8) protection - the procedural activities performed for the purpose of providing the rights, freedoms and legitimate interests of physical person concerning which administrative process is conducted;

9) the applicant - the physical person or legal entity which took a legal action, the body conducting administrative process, according to the procedure, determined by this Code, behind protection of the valid or expected right or reported about the preparing or committed administrative offense known to it provided by the Code of the Republic of Belarus about administrative offenses (further - the Administrative Code);

10) person concerning whom administrative process is conducted, - physical person concerning which the court, by the body conducting administrative process establishes guilt in making of administrative offense, or the legal entity concerning whom the court, by the body conducting administrative process establishes availability of the bases and conditions of the administrative responsibility;

11) person subjected to administrative punishment - physical person or legal entity concerning which the resolution on imposing of administrative punishment took legal effect;

12) materials - the objects and documents which are component of case on administrative offense or provided for familiarizing with it;

13) night time - period from 22 to 6 o'clock;

14) the agenda - the written notice of writ of summons, the body conducting administrative process for production of legal proceedings;

15) the resolution - the decision passed by the judge or the body conducting administrative process;

16) representatives are close relatives, other members of the family of the victim, physical person concerning which administrative process, their legal representatives, lawyers, representatives of the legal entity, the individual entrepreneur is conducted;

17) the drive - forced delivery of the physical person which did not be without reasonable excuse on writ of summons, the body conducting administrative process;

18) legal proceedings - the actions of the officials authorized on that provided by this Code, made during administrative process;

19) procedural term - the period of time which begins next day after calendar date or approach of event which determine its beginning and terminates in day of approach according to calendar date or event. If the last day of procedural term falls on non-working day, then the first working day following it, except cases of calculation of term is considered in case of administrative detention, administrative detention, short-term departure of the place of serving of administrative detention which is administratively arrested for limits last afternoon of term;

20) relatives - the persons who are in family relation, having general ancestors to the great-grandfather and the great-grandmother inclusive and also the spouse (spouse), close relatives of the spouse (spouse);

21) the judge - the professional judge of court of law;

22) participants of administrative process - the judge, the official of the body conducting administrative process, person concerning whom administrative process, the defender, the victim, the legal representative, the representative, the court session secretary is conducted (the court session secretary - the assistant judge), the witness, the expert, the specialist, the translator, the witness;

23) the petition - the oral or written request turned to court, the body conducting administrative process;

24) family members are the close relatives, other relatives, disabled dependents and other physical persons living together with the participant of administrative process and conducting with it general economy.

2. The terms "harm", "body conducting administrative process", "sanction", "court" applied in this Code have the values determined the Administrative Code.

Chapter 2. Tasks and principles of administrative process

Article 2.1. Tasks of administrative process

Tasks of administrative process are protection of the interests protected by this Code by timely, comprehensive, complete and objective hearing of cases about administrative offenses, permission them according to the law, ensuring execution of the decrees issued on cases on administrative offenses, and also the prevention (prevention) of administrative offenses.

Article 2.2. Legality when conducting administrative process

1. The court, the body conducting administrative process when conducting administrative process shall observe requirements of this Code.

2. Violation of provisions of this Code when conducting administrative process attracts the responsibility established by the law and recognition of the decisions made on the case of administrative offense, not having legal force.

3. The evidence obtained with violation of the procedure determined by this Code has no legal force and cannot be the basis for decision making on the case of administrative offense.

Article 2.3. Ensuring protection of the rights, freedoms and legitimate interests

1. The court, the body conducting administrative process shall provide protection of the rights, freedoms and legitimate interests of participants of administrative process, to create the conditions for its implementation provided by this Code, to timely take measures for satisfaction of their legal requirements.

2. Restriction of the rights, freedoms and legitimate interests of participants of administrative process is allowed only on the bases and according to the procedure, the determined this Code.

3. Nobody can be forced to fulfillment of duties, not established by this Code, or to refusal of the rights.

4. Nobody shall be forced to giving explanations against himself, members of the family, close relatives.

5. In case of causing by administrative offense of property harm the court, the body conducting administrative process shall take measures to its compensation.

6. The harm done to person as a result of violation of its rights and freedoms when conducting administrative process is subject to compensation in the procedure determined by the legislation.

Article 2.4. Presumption of innocence

1. The physical person cannot be brought to the administrative responsibility until his guilt in making of administrative offense is established according to the procedure, determined by this Code.

2. Obligation prove guilt of physical person concerning which administrative process is conducted it is assigned to the official of the body conducting administrative process, except for case, provided by part 6 of Article 10.4 of this Code. The physical person concerning which administrative process is conducted shall not prove the innocence.

3. The circumstances stated in the protocol on administrative offense, the resolution on imposing of administrative punishment cannot be based on assumptions. Any doubts concerning justification of conclusions guilt of physical person concerning which administrative process is conducted about availability of the bases and conditions of the administrative responsibility of the legal entity concerning which administrative process is conducted, are interpreted in their advantage.

Article 2.5. Integrity of human beings

1. Nobody can be detained for making of administrative offense in case of absence on that legal causes and in defiance of the procedure determined by this Code.

2. The judge, the prosecutor, the body conducting administrative process shall exempt immediately the anything which illegally is administratively arrested, administratively detained over the term, established by the law or the resolution on imposing of administrative punishment.

3. None of the physical persons participating in administrative process shall be exposed to violence, another to the cruel or degrading human dignity address. Coercion to giving explanations by violence, threats and application of other illegal measures is forbidden.

4. Content of administratively arrested or administratively detained shall be performed in the conditions excluding threat for their life and health.

Article 2.6. Respect of honor and advantage of the personality, goodwill

When conducting administrative process making of the actions and decision making which are creating danger to life and health of participants of administrative process and other persons, and equally degrading honor, belittling advantage of the personality, discrediting goodwill of physical person or legal entity are prohibited.

Article 2.7. Inviolability of home and other legal ownerships

1. Inviolability of home and other legal ownerships is guaranteed by the law. Nobody has the right to enter the dwelling and other legal ownership of person against its will.

2. Production of the legal proceedings connected with invasion into the dwelling and other legal ownerships is performed on the bases and according to the procedure, the determined this Code.

Article 2.8. The right of physical person concerning which administrative process, on protection is conducted

1. The physical person concerning which administrative process is conducted has right of defense. It can exercise this right as personally, and by means of the defender according to the procedure, determined by this Code.

2. The judge, the official of the body conducting administrative process shall explain to physical person concerning which administrative process is conducted, the rights granted to it and to take measures to that it had the actual opportunity to use everything the means and methods established by this Code for the protection.

3. Violation of the right of physical person concerning which administrative process is conducted on protection is the basis for cancellation of the decree on imposing of administrative punishment issued concerning it.

Article 2.9. Publicity of administrative process

State bodies, officials within the competence shall take measures on:

to detection of administrative offense, identification of persons who made it;

to the prevention (prevention) of administrative offenses.

Article 2.10. Comprehensive, complete and objective investigation of the facts of the case

The court, the body conducting administrative process shall take all measures for comprehensive, complete and objective investigation of circumstances of making of administrative offense provided by the law, establishing the circumstances both catching, and justifying, both mitigating, and aggravating responsibility, and also other circumstances important for the correct permission of case, protection of the rights, freedoms and legitimate interests of persons participating in administrative process.

Article 2.11. Language in which administrative process is conducted

1. Administrative process in the Republic of Belarus is conducted in the Belarusian and (or) Russian languages.

2. The right orally or in writing to make statements, to offer explanations, to declare petitions, to make complaints, to act when considering the case about administrative offense in the native language or in language which he knows is provided to the participant of administrative process who is not knowing or insufficiently knowing languages in which administrative process is conducted. In these cases, and also in case of acquaintance with case on administrative offense he has the right to use free of charge translation service according to the procedure, determined by this Code.

3. The court order, the body conducting administrative process in the procedure determined by this Code is handed to person concerning whom administrative process, to his legal representative, the defender, the representative in transfer into their native language or on language which they know is conducted.

Article 2.12. Equality before the law, equality of protection of the rights, freedoms and legitimate interests

1. All persons participating in administrative process are equal before the law and have the right without any discrimination to equal protection of their rights, freedoms and legitimate interests.

2. Administrative process is conducted on the basis of equality of physical persons before the law irrespective of floor, race, nationality, language, origin, nationality, property and official capacity, the residence or the place of stay, the relation to religion, beliefs, belonging to public associations, and also from other circumstances.

3. Administrative process is conducted on the basis of equality of legal entities before the law irrespective of pattern of ownership, the location, form of business, subordination, and also from other circumstances.

4. Nobody can take the advantages and privileges contradicting the law. Features of procedure for conducting administrative process concerning separate categories of persons or separate categories of cases on administrative offenses are determined by this Code.

Article 2.13. Independence of the judge, official of the body conducting administrative process

1. The judge, the official of the body conducting administrative process are independent and make the decision on the case of administrative offense only according to the legislation.

2. Intervention in any form in activities of the judge, official of the body conducting administrative process for the purpose of hindrance to comprehensive, complete and objective investigation of circumstances of making of administrative offense or with the purpose to achieve acceptance of illegal decision attracts the responsibility established by the law.

Article 2.14. Open consideration of the case about administrative offense

1. Case on administrative offense is considered openly.

2. For the purpose of prevention of disclosure of data on intimate aspects of life of the physical persons participating in administrative process or the data constituting the state secrets or other secret protected by the law, the court, body conducting administrative process the closed consideration of the case about administrative offense can be conducted.

3. In cases when it is required by interests of safety of participants of administrative process, their close relatives, by court the closed consideration of the case about administrative offense can be conducted.

4. The closed consideration of the case about administrative offense is conducted with observance of all rules of administrative process.

5. About the closed consideration of the case about administrative offense by the judge, the official of the body conducting administrative process considering case issue the decree.

Article 2.15. Right of appeal of legal proceedings, resolutions

Person concerning whom administrative process, the defender, the victim, the legal representative, the representative, the witness, the expert, the specialist, the translator, the witness, the other persons participating in administrative process, having the right to appeal the legal proceeding or the decree issued on the case of the administrative offense, according to the procedure, determined by this Code is conducted.

Article 2.16. Public prosecutor's supervision of execution of the laws when conducting administrative process

1. The prosecutor exercises supervision of execution of legal acts when conducting administrative process.

2. Exercising supervision of conducting administrative process, the prosecutor within the competence:

1) demands from the official of the body conducting administrative process, submissions of case papers about administrative offense;

Gives 2) to the body conducting administrative process, written instructions on the case of administrative offense;

3) is authorized by production of legal proceedings and application of measures of ensuring administrative process in the cases and procedure determined by this Code;

4) is checked by legality of application to person concerning whom administrative process, administrative detention and other measures of ensuring administrative process, and also imposing on it administrative punishment is conducted;

5) is exempted the resolution by the physical person illegally subjected to administrative detention;

6) repeals the resolution the resolutions on production of legal proceedings and application of measures of ensuring administrative process contradicting legal acts, except for the decrees issued by court;

7) protests the resolutions contradicting legal acts on cases on administrative offenses;

8) charges to the body conducting administrative process, preparation of case on administrative offense for consideration;

9) requests from corresponding vessels, the body conducting administrative process, cases on administrative offenses;

10) is stopped by execution of the resolution which took legal effect on the case of administrative offense, except for resolutions on imposing of administrative punishment in the form of administrative detention or deportation;

11) is cancelled the resolution by the resolution on diversion on administrative offense which is taken out by the body conducting administrative process upon termination of preparation of case on administrative offense for consideration and the decrees contradicting legal acts issued according to Articles 10.3 and 10.5 of this Code;

12) is checked by adherence to deadlines of preparation of case on administrative offense for consideration.

3. Resolutions, orders and instructions of the prosecutor on the case of administrative offense go to the body conducting administrative process and are obligatory for execution in the terms established by the prosecutor.

Section II. Participants of administrative process. Proofs

Chapter 3. The court, bodies conducting administrative process and their officials. Jurisdiction of cases on administrative offenses

Article 3.1. The court, bodies conducting administrative process authorized to consider cases on administrative offenses

1. Cases on administrative offenses are considered:

1) court;

2) rural, settlement executive committee;

3) the administrative commission of district (city) executive committee, administration of the area in the city;

4) the commission on cases of minors of district (city) executive committee, administration of the area in the city;

5) law-enforcement bodies;

6) bodies of the State Control Committee;

7) the State inspection of protection of animal and flora in case of the President of the Republic of Belarus;

8) bodies of the state fire supervision of the Ministry of Emergency Situations;

9) bodies of the state sanitary inspection;

10) bodies of the border service;

11) customs authorities;

12) tax authorities;

13) bodies of the Ministry of Finance, financial managements (departments) of local executive and administrative organs;

14) National Bank;

15) bodies of the Ministry of Transport and Communications;

16) bodies of rail transport;

17) bodies of the Ministry of forestry;

18) bodies of the Ministry of Natural Resources and Environmental Protection;

19) Department on securities of the Ministry of Finance;

20) body of the state energy and gas supervision of the Department of Energy;

21) bodies of Department of State Labour Inspection of the Ministry of Labour and Social Protection;

22) state security agencies;

23) the public nature protection institutions exercising control of reserves and national parks;

24) bodies of the Ministry of Justice;

25) bodies of the State committee on property;

26) bodies of the State committee on standardization.

2. Cases on administrative offenses are considered by officials of the bodies conducting administrative process authorized to constitute protocols on administrative offenses, in the cases provided by this Code.

3. Cases on administrative offenses which consideration is within the competence of district (city) court and which materials contain the data constituting the state secrets are considered solely by the judge regional (Minsk city) vessels.

Article 3.2. Court

1. Cases on the administrative offenses provided by Articles 10. 1, 10.2, 10.4-10.9, part 1 of Article 10. 10, Article 10. 11, parts 1 and 5 of Article 10. 12, Articles 10. 15, 10.16, part 2 of Article 10. 17, Articles 10. 19, 10.21, 11.1-11.4, 12.1 (for the offenses made by physical persons), parts 1 and 3 of Article 12. 2, part 1 of Article 12. 8, Articles 12. 9, 12.12, 12.15, 12.17, parts 2 and 3 of Article 12. 23, Articles 12. 33, 12.34, part 2 of Article 13. 1, Article 13. 8, parts 1 and 3-6 of Article 13. 9, Article 13. 10, part 6 of Article 13. 16, Articles 13.18-13. 21, parts 4-11 of Article 13. 22, Article 13. 27, parts 1 and 2 of Article 13. 30, Articles 13. 31, 15.1, 15.2, 15.4, 15.5, 15.7, 16.4-16.7, part 1 of Article 16. 8, Articles 16.9-16. 12, parts 1 and 2 of Article 16. 17, Articles 16. 19, 16.22-16.24, 16.25 (for the offenses made by physical persons), 16.26, 16.27 (for the offenses made by physical persons), 16.29, part 2 of Article 16. 30, Articles 16.34-16. 37, parts 2 and 3 of Article 16. 44, Articles 17.2-17. 4, parts 2 and 3 of Article 17. 6, part 1 of Article 18. 4, Articles 18.10-18. 13, part 2 of Article 18. 14, Article 18. 15, part 3 of Article 18. 17, Articles 18. 21, 18.23, 18.25, 18.30, 18.31, 18.34, 18.35, 19.1, 19.2, parts 2-5 of Article 19. 3, Articles 19. 5, 19.6, 19.8, 19.10-19.12, 20.1, 20.6, 21.1, 21.2, 21.4, 22.5, 22.7, 22.8, 22.12, 23.1, 23.4, parts 1-3 and 5 of Article 23. 5, Articles 23. 6, 23.7, 23.10, 24.1-24.5, 24.10, 24. 11, parts 1 and 2 of Article 24. 12, Articles 24.13-24. 16, 24.22-24.27, part 2 of Article 24. 28, Articles 24. 29, 24.30, 24.39-24.41, 24.46, 24.54, part 2 of Article 24. 56, Articles 24. 58, 25.1-25. 13, 26.1-26.3 Administrative Code, and also cases on administrative offenses, protocols on which making are constituted by the prosecutor, are considered solely by the judge of district (city) court.

2. Cases on the administrative offenses provided by Articles 12.1 (for the offenses made by legal entities and individual entrepreneurs), 12.3, 12.19, part 1 of Article 12. 23, Articles 13. 2, 13.3, parts 1 and 2 of Article 13. 6, Article 13. 7, part 2 of Article 13. 9, Articles 13. 11, 13.12, part 1 of Article 13. 23, Article 13. 25, parts 3-7 of Article 13. 30, Articles 13. 32, 13.33, 16.25 (for the offenses made by legal entities and individual entrepreneurs), 16.27 (for the offenses made by legal entities and individual entrepreneurs), part 4 of Article 22. 6, parts 4 and 6 of Article 23. 5, parts 1, 3, 5 and 7 Article 24. 7, Articles 24. 8, part 1 of Article 24. 28, Article 24. 37, part 1 of Article 24. 38, Articles 24. 59, 25.1, 25.3, 25.6, 25.7, part 1 of Article 25. 8, the article 25.9 Administrative Code, and also cases on administrative offenses, protocols on which making are constituted by the prosecutor, are considered solely by the judge of economic court of area (city of Minsk).

3. Cases on administrative offenses against the ecological safety, the environment and procedure for environmental management made in the territory of the industrial park by residents, investors of the industrial park, the joint company, including their officials and also cases on the administrative offenses in the field of architectural, town-planning and construction activities made by customers, contractors in construction activities, the engineering organizations, including their officials in connection with construction of facilities of the industrial park, are considered solely by the judge of economic court.

Note. 1. The industrial park in this Article and Article 11.28 of this Code is understood as the special economic zone - the Chinese-Belarusian industrial park "Great Stone".

2. The joint company in this Article and Article 11.28 of this Code is understood as the joint Belarusian-Chinese company on development of the industrial park.

Article 3.3. Rural, settlement executive committee

The rural, settlement executive committee considers cases on the administrative offenses provided by Articles 13. 5, 16.13, 16.14, parts 3 and 4 of Article 16. 17, Articles 16. 36, 22.10, 22.11, 24.47 (for the offenses made when implementing activities for rendering services in the field of agroecotourism without written notice of district executive committee and (or) without the conclusion of the service provision agreement in the field of agroecotourism), 24.48, 24.49, 24.55 Administrative Code.

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