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

of December 20, 2006 No. 194-Z

(The last edition from 17-07-2019)

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 *

______________________________

* 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.);

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