Article 32. Challenge

Interested persons participating in administrative proceedings are entitled, if one of the grounds provided for in Article 31 of this Law, to file a challenge in writing to an official of the administrative body and persons assisting in the resolution of the administrative case.

The challenge must be motivated and may be filed at any stage of the administrative proceeding prior to the adoption of the administrative act.

An application for challenge of an official of an administrative body shall be submitted to the official who is being challenged, or to the chairman of a collegiate body when administrative proceedings are carried out by the collegiate body. The official of the administrative body who has accepted the application for chellenge must, within one working day, suspend the consideration of the administrative case and submit the application for challenge for consideration to the person authorized to make a decision on the chellenge.

The decision on the application for challenge is made by the immediate head of the official to whom the chellenge was declared, and if the challenge is declared to the head of the administrative body, by a higher body or other authorized body.

If administrative proceedings are carried out by a collegiate body, the decision on the application for challenge is made by a simple majority of votes of the members of this body. The member of the collegiate body to whom the challenge was declared does not participate in the voting on consideration of the issue of challenge. If the challenge is declared to the entire composition of the collegiate body, the decision to challenge is made by the same body in its entirety by a simple majority of votes.

An application for challenge of persons assisting in the resolution of an administrative case shall be submitted to the official of the administrative body conducting the administrative proceedings, who shall make an appropriate decision on this application.

The decision on the application for challenge must be made no later than within one working day from the date of filing the application for challenge.

If an application for challenge of an official of an administrative body, a member of a collegiate body or the entire composition of the collegiate body considering the administrative case is satisfied, a person (collective body) authorized to consider this administrative case is simultaneously appointed.