Procedure and terms for appealing against adopted administrative decisions

Types of administrative decisions

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

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

Refusal to carry out an administrative procedure

The authorized body refuses to carry out the administrative procedure:

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

Form and content of the administrative decision

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

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

2. Unless otherwise provided by the legislation on administrative procedures, an administrative decision taken in writing must indicate:

• date and registration number of the administrative decision;
• the 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 adopted administrative decision;
• the legal grounds for the adopted administrative decision, the procedure for appealing the administrative decision - in case of refusal to accept the application of the interested person;
• the legal grounds for the adopted administrative decision, the factual circumstances established during the consideration of the application of the interested person, the procedure for appealing the administrative decision - in case of refusal to carry out the administrative procedure;
• the signature of an employee of the authorized body, whose competence includes the signing of such a decision.

3. The written form of an administrative decision shall be equated with certificates or other documents issued in the course of administrative procedures.

Procedure for appealing an administrative decision

1. The person concerned has the right to appeal an administrative decision in an administrative (extrajudicial) manner.

2. An administrative complaint is sent to a state body, another organization superior to the authorized body that made the administrative decision, or to a state body, another organization, whose competence, in accordance with legislative acts, includes the consideration of such complaints (hereinafter referred to as the body considering the complaint ).

3. The appeal of an administrative decision in court is carried out after the appeal of such a decision in an administrative (extrajudicial) procedure, unless a different procedure for appeal is provided for by legislative acts.

An appeal against an administrative decision in court is carried out in accordance with civil procedural or economic procedural legislation.

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

Deadline for filing an administrative complaint

1. An administrative complaint may be submitted to the body considering the complaint within one year from the date of adoption of the contested 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 business trip, etc.).

Term for consideration of an administrative complaint

An administrative complaint is considered within a month from the date of its submission. The legislation on administrative procedures may provide for reduced terms for the consideration of administrative complaints.