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

of December 20, 2006 No. 194-Z

It is accepted by the House of Representatives on November 9, 2006

Approved by Council of the Republic on December 1, 2006

Procedural part

Section I. General provisions

Chapter 1. Basic provisions

Article 1.1. The legislation determining procedure for administrative process *

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

1. The procedural and executive code of the Republic of Belarus about administrative offenses establishes procedure for administrative process, the right and obligation of his participants, and also procedure for execution of administrative punishment.

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

3. The procedural and executive code of the Republic of Belarus about administrative offenses is based on the Constitution of the Republic of Belarus and the conventional principles of international law. If the become effective international treaties of the Republic of Belarus provide other rules, than those which are established by this Code are applied rules of international treaties.

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

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 establishment of process of law of implementation of administrative process, regulation of execution of the resolution on imposing of administrative punishment, providing the rights and legitimate interests of physical persons and legal entities to which the administrative offense causes harm of life or to health either property or moral harm, and equally in protection of the rights, freedoms and legitimate interests of persons subjected to administrative punishment.

2. The procedural and executive code of the Republic of Belarus about administrative offenses is designed to promote forming in the society of respect for rights and freedoms of man and citizen, approval of justice.

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, consideration of the case about administrative offense 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, state bodies and their officials, and also on legal entities.

4. Concerning persons having rights of diplomatic immunity, the legal proceedings established by this Code are made only at their request or from their consent. Consent to production of these actions is asked through the Ministry of Foreign Affairs of the Republic of Belarus.

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

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

administratively arrested - the physical persons subjected to administrative punishment in the form of administrative detention and leaving it in the places determined by the body knowing execution of administrative punishments;

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

close relatives are the parents, children, adoptive parents 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;

harm - harm of life or to health either the property or moral harm which is subject to cash measurement;

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

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

the dwelling - the room intended for permanent or temporary residence of people (the individual 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 for satisfaction of other needs of the person (balconies, the glazed verandahs, storage rooms, etc.);

legal representatives are parents, adoptive parents, 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 and custodians over the victim, physical person concerning which administrative process is conducted is conducted;

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;

the applicant - the physical or legal entity who took a legal action, the body conducting administrative process, according to the procedure, provided 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;

person concerning whom administrative process, physical person or legal entity concerning which the court, by the body conducting administrative process establishes guilt in making of administrative offense is conducted;

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

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

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

the body conducting administrative process - the state body considering case on administrative offense, the official within the competence constituting the protocol on administrative offense and running preparation business on administrative offense or imposing administrative punishment;

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

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

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;

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

legal proceedings - the actions of the officials authorized on that provided by this Code and made according to its provisions, made during administrative process;

procedural term – period of time which begins next day after calendar date or approach of event which determines its beginning and terminates in day of approach respectively a date or events. 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 during detention, administrative detention, short-term departure of the place of serving of administrative detention which is administratively arrested for limits last afternoon of term;

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);

court - the court considering and resolving cases on administrative offenses formed in the procedure established by the legislation of the Republic of Belarus;

the judge – the professional judge of court of law;

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, the witness, the expert, the specialist, the translator, the witness is conducted;

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

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.

Chapter 2. Tasks and principles of administrative process

Article 2.1. Tasks of administrative process

Tasks of administrative process are protection of the personality, its rights, freedoms and legitimate interests, interests of legal entities, societies and the states by timely, comprehensive, complete and objective hearing of cases about administrative offenses, permission them according to the law, ensuring execution of the issued decree, and also the prevention of administrative offenses.

Article 2.2. Legality when implementing 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 established 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 and freedoms

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 established by this Code, to timely take measures for satisfaction of their legal requirements.

2. Restriction of the rights and freedoms of participants of administrative process is allowed only on the bases and according to the procedure, the established 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 stipulated by the legislation procedure.

Article 2.4. 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 established by this Code.

2. The judge, the prosecutor, the body conducting administrative process shall exempt immediately any illegally detainee who is administratively arrested over the term provided 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.

4. Content of the physical person detained for administrative offense or administratively arrested shall be performed in the conditions excluding threat for his life and health.

Article 2.5. Respect of honor and advantage of the personality, goodwill

When conducting administrative process the actions and decisions degrading honor and belittling advantage of the personality, either discrediting goodwill of physical person or legal entity, or creating danger to life and health of participants of administrative process are prohibited.

Article 2.6. 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 established this Code.

Article 2.7. Presumption of innocence

1. Person cannot be brought to the administrative responsibility until according to the procedure, established by this Code, his guilt in making of the offense provided by the Code of the Republic of Belarus about administrative offenses is established.

2. Obligation prove guilt of person concerning whom administrative process is conducted it is assigned to the official of the body conducting administrative process, except for case, provided by part 5 of this Article. Person concerning whom administrative process is conducted shall not prove the innocence.

3. The circumstances stated in the protocol on administrative offense, in the resolution on imposing of administrative punishment cannot be based on assumptions.

4. Doubts in justification of conclusion about guilt of person concerning whom administrative process is conducted, are interpreted in its advantage.

5. The official of the body conducting administrative process shall not prove guilt of person in exceeding of movement speed it, the abuse of regulations of stop or the parking of the vehicle fixed by the special technical means working in the automatic mode having functions photo and filmings, videos (further - the special technical means working in the automatic mode).

Article 2.8. Ensuring right of defense of physical person concerning which administrative process is conducted

1. The physical person concerning which administrative process is conducted has right of defense. It can perform this right as personally, and by means of the defender according to the procedure, established 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 for detection of administrative offense, identification of persons who made it.

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

1. The court, the body conducting administrative process shall take all measures for comprehensive, complete and objective investigation of circumstances 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 and legitimate interests of persons participating in administrative process.

2. Coercion to giving explanations by violence, threats and application of other illegal measures is forbidden.

Article 2.11. Language in which administrative process is conducted

1. Administrative process in the Republic of Belarus is conducted on Belarusian or Russian.

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 language 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 the help of the translator according to the procedure, established by this Code.

3. The court order, the body conducting administrative process in the procedure established 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 performed on the basis of equality of physical persons before the law irrespective of floor, race, nationality, language, origin, property and official capacity, the residence or the place of stay, the relation to religion, beliefs, belonging to public associations, and also other circumstances.

3. Administrative process is performed on the basis of equality of legal entities before the law irrespective of pattern of ownership, the location, forms of business, subordination, and also 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 established by this Code.

Article 2.13. Independence of the judge and 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 case 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 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. The closed consideration of the case about administrative offense is allowed 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.

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

Article 2.15. 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, representations of materials 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 established by this Code;

4) is checked by legality of application of administrative detention of physical person concerning which administrative process, and other measures of ensuring administrative process, and also imposing of administrative punishments 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 (on administrative offenses on which protocols are not constituted by the prosecutor);

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 in the cases provided by this Code by the decree on diversion on administrative offense issued by the body conducting administrative process upon termination of preparation of case on administrative offense for consideration;

12) checks terms of preparation of case on administrative offense for consideration;

13) is cancelled the resolution by the decree on the imposing of administrative punishment contradicting legal acts issued according to the procedure provided by part 3 of Article 10.3 of this Code.

3. Orders, resolutions and instructions of the prosecutor on the case of administrative offense go to the body conducting administrative process and are subject to consideration and execution in time, established by the prosecutor.

Article 2.16. 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 resolution accepted on the case of the administrative offense, according to the procedure, established by this Code is conducted.

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. Court, the body conducting administrative process authorized to consider cases on administrative offenses

1. Cases on administrative offenses are considered:

1) court;

2) No. 351-Z is excluded according to the Law of the Republic of Belarus of 04.01.2016

3) rural, settlement executive committee;

4) the administrative commission of district (city) executive committee or administration of the area in the city;

5) district (city), district commission in the city on cases of minors;

6) law-enforcement bodies;

7) bodies of the State Control Committee of the Republic of Belarus;

8) The state inspection of protection of animal and flora in case of the President of the Republic of Belarus;

9) bodies of the state fire supervision of the Ministry of Emergency Situations of the Republic of Belarus;

10) bodies of the state sanitary inspection;

11) bodies of the border service of the Republic of Belarus;

12) customs authorities;

13) tax authorities;

14) it is excluded;

15) bodies of the Ministry of Finance of the Republic of Belarus and financial managements (departments) of local executive and administrative organs;

16) National Bank of the Republic of Belarus;

17) bodies of the Ministry of Transport and Communications of the Republic of Belarus;

18) bodies of rail transport;

19) bodies of the Ministry of forestry of the Republic of Belarus;

20) bodies of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus;

21) Department on securities of the Ministry of Finance of the Republic of Belarus;

22) bodies of the state energy and gas supervision of the Department of Energy of the Republic of Belarus;

23) bodies of Department of State Labour Inspection of the Ministry of Labour and Social Protection of the Republic of Belarus;

24) bodies of the Ministry of Agriculture and Food of the Republic of Belarus;

25) state security agencies;

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

27) bodies of the Ministry of Justice of the Republic of Belarus;

28) bodies of the State committee on property of the Republic of Belarus;

29) the bodies performing state regulation in the field of 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 established 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 9.1 - 9.3, 9.5-9.16, 9.18, parts 1, 3 and 4 Articles 9. 19, Articles 9. 21, 9.22, part 2 of Article 9. 23, Articles 9. 26, 9.28, 10.1-10.7, 10.9, 11.1 (for the offenses made by physical persons), parts 1 and 4 of Article 11. 2, part 2 of Article 11. 4, Article 11. 5, (on which protocols are constituted by officials of bodies of the Ministry of Defence of the Republic of Belarus) and parts 4 and 5 of Article 11. 16, Articles 11. 18, 11.24, 11.33, 11.54, 11.61, part 2 of Article 11. 72, parts 1-3 of Article 12. 10, 12.14, part 1 of Article 12. 15, Article 12. 16, parts 1-3 and 10 of Article 12. 17, Articles 12.21-12. 27, 12.29, part 3 of Article 12. 30, Articles 12. 31, 12.43, 12.46, parts 1 and 2 of Article 12. 49, part 10 of Article 13. 6, Articles 13. 13, 14.1, parts 1 and 2 of Article 14. 2, Articles 14.3-14. 5, 14.7, 15.2, 15.4-15.7, part 2 of Article 15. 8, Articles 15.9-15. 12, 15.18, 15.19, parts 1 and 2 of Article 15. 22, Articles 15. 26, 15.30, 15.32, 15.33, 15.35 (for the offenses made by physical persons), part 2 of Article 15. 63, Articles 15.37 (for the offenses made by physical persons), 15.40, 15.41, 15.45, part 2 of Article 15. 46, part 2 of Article 15. 47, Articles 15.51-15. 53, parts 2 and 3 of Article 15. 54, Articles 15. 55, 15.56, 15.61, 15.63, 16.2-16.8, parts 2 and 3 of Article 16. 10, Articles 17. 1, 17.2, parts 2-6 of Article 17. 3, Articles 17. 5, 17.6, 17.8, 17.10, 17.11, 17.14, 17.15, parts 1 and 2 of Article 18. 5, Articles 18.12 (on which protocols are constituted by officials of bodies of the Ministry of Defence of the Republic of Belarus, the state supervision bodies of the Ministry of Agriculture and Food of the Republic of Belarus exercising control of technical condition of machines and the equipment), 18.13-18.16 (on which protocols are constituted by officials of bodies of the Ministry of Defence of the Republic of Belarus), part 2 of Article 18. 19, part 3 of Article 18. 20, Articles 18.24 (on which protocols are constituted by officials of bodies of the Ministry of Defence of the Republic of Belarus, the state supervision bodies of the Ministry of Agriculture and Food of the Republic of Belarus exercising control of technical condition of machines and the equipment), 18.26-18.29, 18.36, 18.37, 18.40, 18.41, 19.1, 19.2, 19.8, 19.9, 20.1-20.3, 20.5, 20.8, 20.12, parts 3-6 of Article 21. 6, Articles 21.9-21. 12, 21.16, 21.20-21.25, 22.2, 22.6, parts 1 and 3 of Article 22. 7, parts 1, 2, 3-1-4 Articles 22. 9, Articles 22. 10, 22.11, 22.13, 22.14, parts 4 and 5 of Article 22. 16, Articles 23.1-23. 5, 23.8, part 2 of Article 23. 9, parts 1-4 and 7 of Article 23. 11, parts 1-4 of Article 23. 12, Articles 23. 13, 23.14, 23.16, 23.18, 23.20, 23.21, 23.23-23.28, 23.33-23.37, 23.39-23.44, parts 2 and 3 of Article 23. 45, Articles 23.46-23. 48, 23.51, part 2 of Article 23. 52, part 1 of Article 23. 56, part 1 of Article 23. 58, Articles 23.59-23. 61, 23.65, 23.69-23.71, 23.77, 23.81-23.83, part 3 of Article 23.84 (for the offenses made by the physical persons who are not individual entrepreneurs), Articles 23. 85, 23. 87, 23.89, 24.1-24.13, 25.1-25.4, 25.8 of the Code of the Republic of Belarus about administrative offenses, 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.

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