Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of June 6, 2017 No. P-1086/2017

About legal regulation of special confiscation

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 Karpovich N. A., Boyko T. S. judges., Voronovich T. V., Danilyuka of Page E., Kozyreva L. G., Podgrusha V. V., Ryabtseva V. N., Ryabtsev L. M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P.

considered in proceeding in open court case "About legal regulation of special confiscation".

Took part in judicial session:

the plenipotentiary of the President of the Republic of Belarus in the Constitutional Court is Mickiewicz V. V., the Presidentns deputy chief of staff of the Republic of Belarus;

the plenipotentiary of Council of the Republic of National assembly of the Republic of Belarus in the Constitutional Court is Bodak A. N., the chairman of the Permanent commission of Council of the Republic of National assembly of the Republic of Belarus by the legislation and the state construction;

the plenipotentiary of the House of Representatives of National assembly of the Republic of Belarus in the Constitutional Court is Guyvik N. V., the chairman of the Permanent commission of the House of Representatives of National assembly of the Republic of Belarus by the legislation;

the plenipotentiary of Council of Ministers of the Republic of Belarus in the Constitutional Court - the Tushino I.G., the deputy minister of justice of the Republic of Belarus;

representatives:

The Supreme Court of the Republic of Belarus - Aniskevich R. G., the vice-chairman of the Supreme Court of the Republic of Belarus;

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

The Investigative Committee of the Republic of Belarus - Gayduchyonok V. A., vice-chairman of the Investigative Committee of the Republic of Belarus;

Republican Bar - Chaychits V. I., chairman of Republican Bar.

Proceeedings are initiated by the Constitutional Court on March 22, 2017 according to part one of article 116 of the Constitution of the Republic of Belarus (further - the Constitution), the paragraph the eighth parts three of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges, parts one and the fourth article 158 of the Law of the Republic of Belarus "About the constitutional legal proceedings" based on the address of the citizen which arrived in the Constitutional Court Shavruk E. S. about need of elimination of legal gap and fixing for the legislation of the Republic of Belarus the rights of the citizens who are not participants of criminal procedure to appeal of sentences in case of application of special confiscation in the part affecting their rights and legitimate interests.

In the address it is specified that the right of persons who are not participants of criminal procedure to appeal of sentences regarding application of special confiscation in connection with recognition of property is not provided in the got criminal way in the criminal procedure legislation of the Republic of Belarus. Protection of the rights of such persons cannot be performed also in civil procedure (by means of submission of the action for declaration about release of property from arrest (exception of the inventory) as the question of recognition of property and its confiscations is allowed in the got criminal way in criminal procedure. With respect thereto persons who are not participants of criminal procedure whose property is subject to special confiscation in connection with recognition in its got criminal way have no opportunity in practice to protect judicially the rights and legitimate interests.

According to the applicant, the legal gap which is expressed in absence at persons who are not participants of criminal procedure, the right to appeal of the court verdict on criminal case regarding recognition of the property belonging to them in the got criminal way and its confiscations violates the right of everyone to judicial protection guaranteed by the Constitution.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.