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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of September 25, 2013 No. P-846/2013

About establishment of procedural procedure for exemption of the state fee for giving in court of claims to resolutions on cases on administrative offenses

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Sergeyeva O. G., Boyko T. S. judges., Voronovich T. V., Danilyuka of Page E., Izotko V. P., Kozyrevoy L.G., Maryskin A. V., Podgrusha V. V., Ryabtseva L.M., Tikovenko A. G., Chigrinova S. P.

based on part eight of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges

according to the procedure of realization of the right to introduction to the President of the Republic of Belarus, in chambers of National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies according to their competence of offers on need of entering into acts of the legislation of changes and (or) amendments

with participation of representatives:

The Supreme Court of the Republic of Belarus - Fedortsova A. A., First Deputy Chairman of the Supreme Court of the Republic of Belarus;

The Prosecutor General's Office of the Republic of Belarus - Lashina A. M., deputy attorney general of the Republic of Belarus;

The Ministries of Taxes and Tax Collection of the Republic of Belarus - Kamenko V. B., the deputy minister on taxes and fees of the Republic of Belarus;

The Ministries of Justice of the Republic of Belarus - the Tushino I.G., the deputy minister of justice of the Republic of Belarus,

considered the address of the citizen Govsha S. K. in judicial session. about gap availability in the administrative procedural legislation regarding regulation of the questions connected with exemption of the state fee in case of appeal in court of resolutions on cases on administrative offenses.

Having analysed regulations of the Constitution of the Republic of Belarus (further - the Constitution), the Procedural and executive code of the Republic of Belarus about administrative offenses (further - PIKOAP) and other legal acts of the Republic of Belarus, and also opinion of the interested state bodies, the Constitutional Court of the Republic of Belarus established the following.

1. In the address the citizen Govsha S. K. specified that its complaint made about the court order on the case of administrative offense was returned without consideration in connection with failure to pay the state fee, and the petition for exemption of the state fee in connection with difficult financial position is left by the judge without satisfaction on absence reason in PIKOAP the regulation providing possibility of release from the state fee. According to the applicant, the stated circumstances testify to gap in the legislation, than the Republic of Belarus guaranteed by the Constitution the right of everyone to judicial protection, equality of all before the law and the right without any discrimination to equal protection of the rights and legitimate interests as regulations of the procedural legislation of other branches of law, including civil and criminal procedure, provide possibility of release of physical persons from court costs (procedural costs) proceeding from their property status is broken.

2. The analysis of court practice and line items of state bodies confirms different approaches to understanding and application of the financial and procedural positions of the legislation regulating collection of the state fee in case of appeal in court of resolutions on cases on administrative offenses.

So, the Supreme Court of the Republic of Belarus notes that general courts put into practice Item 2 of article 258 of the Tax Code of the Republic of Belarus (further - the Tax code) granting to court (judge) the right proceeding from property status of physical persons to exempt them from payment of the state fee for submission of claims to all court decrees, including on cases on administrative offenses.

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