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Draft Administrative Code, Procedure Law Code submitted for public debate in Belarus
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MINSK, 18 May (BelTA) - The draft Code on Administrative Offenses and the draft Procedural Law Code for Administrative Offenses have been submitted for public hearing in Belarus. This topic is open to comments and proposals at the Legal Forum of Belarus from 18 to 27 May, BelTA learned from the National Legal Internet portal.
The structure of the Code on Administrative Offenses has been adjusted. The draft authors suggest a categorization of offenses depending on the degree of public harm and severity of the consequences. Administrative penalties have been revised and differentiated o the systemic basis. The draft has introduced the institution of preventive measures, expanded the list of grounds for exemption from administrative responsibility as well as the range of acts entailing responsibility only at the request of the victim.
In addition, the draft Administrative Offense Code excludes the legal institutions, which are inherently characteristic of criminal legislation rather than of the administrative one (complicity in an offense, an attempted offense). The draft has streamlined time frames of imposition of an administrative penalty, simplified and clearly structured the terms of administrative responsibility of business entities. Economic incentives for the prompt payment of a fine have been envisaged.
As for the draft Procedural Law Code for Administrative Offenses, the structure of the code has also been adjusted. The draft provides the definition of the rules for the accelerated administrative process in a separate chapter. The draft authors have defined the list of government bodies and organizations authorized to draw up protocols and handle cases of administrative offenses. The new document clarifies the procedure for appealing against the actions and decisions of a judge and an official of the body conducting the administrative process, not related to the final decision. The draft takes into account the proposals submitted by stakeholders.
The draft Code on Administrative Offenses and the draft Procedural Law Code for Administrative Offenses are consistent with each other. They have been redesigned and unified in a way to make their perception easier.
The public hearing has been organized by the National Center of Legislation and Legal Research.
As BelTA reported earlier, a ministerial expert commission was set up by Presidential Decree No.247rp of 17 December 2019 to work out comprehensive proposals to amend the Code on Administrative Offenses. The commission has comprised representatives of the Supreme and Constitutional Courts, the Prosecutor General's Office, the State Control Committee, the Justice Ministry, the Interior Affairs Ministry, the Taxes and Duties Ministry, other agencies, MPs and scholars. The commission is led by Olga Chupris, Deputy Head of Belarus President’s Administration.
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