Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of March 30, 2017 No. 1

About accomplishment of the resolution of the Plenum of the Supreme Court of the Republic of Belarus by courts of September 30, 2011 No. 6 "About practice of consideration by courts of claims (protests) to resolutions on cases on administrative offenses" and introduction in it of amendments and changes

Having discussed results of generalization of court practice of consideration of claims (protests) to resolutions on cases on administrative offenses, the Plenum of the Supreme Court of the Republic of Belarus notes that by hearing of cases about administrative offenses significant amount of mistakes and shortcomings is allowed. Important guarantee of their timely correction and protection of the violated rights of physical persons and legal entities is the correct application of regulations of the Procedural and executive code of the Republic of Belarus by courts on administrative offenses and resolutions of the Plenum of the Supreme Court of the Republic of Belarus of September 30, 2011 No. 6 "About practice of consideration by courts of claims (protests) to resolutions on cases on administrative offenses".

Studying of court practice showed that by consideration of claims (protests) by courts in general comprehensive, objective check of legality and justification of resolutions on cases on administrative offenses is provided. At the same time in activity of the courts there is also number of shortcomings.

Not always courts provide conditions for realization by participants of administrative process of the right to appeal of resolutions on cases on administrative offenses. On some cases courts unreasonably return claims to persons which gave them refuse recovery of the term passed on reasonable excuses on appeal. In some cases efficiency of consideration of claims (protests) significantly decreases in view of non-compliance with terms of delivery to participants of administrative process of copies of resolutions on cases on administrative offenses or their motivation parts, and also violation of terms of the direction of claims (protests) together with case in court, authorized to consider them.

By consideration of claims (protests) by separate courts the mistakes attracting cancellation or change of resolutions on cases on administrative offenses after their introduction in legal force are made.

Not all decrees issued by results of consideration of claims (protests) conform to requirements imposed to them. They not always contain properly motivated conclusions about correctness or inaccuracy of the appealed decision, the bases for cancellation or change of the resolution on the case of administrative offense often are not specified.

Contrary to the requirements stated in Item 21 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of September 30, 2011 No. 6 "About practice of consideration by courts of claims (protests) to resolutions on cases on administrative offenses", chairmen regional (The Minsk city) of courts, economic courts of areas (city of Minsk), district (city) courts sufficient measures for prevention of miscarriages of justice are not taken.

For the purpose of ensuring the correct and uniform application of the legislation, prevention of miscarriages of justice the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts to need of strict observance of requirements of the Procedural and executive code of the Republic of Belarus about administrative offenses and the explanations containing in the resolution of the Plenum of the Supreme Court of the Republic of Belarus of September 30, 2011 No. 6 "About practice of consideration by courts of claims (protests) to resolutions on cases on administrative offenses".

2. Courts should provide conditions for realization by participants of administrative process of the right to appeal of resolutions on cases on administrative offenses. Exclude cases of unreasonable return of claims (protests) to persons which gave them violations of terms of delivery to participants of administrative process of copies of resolutions on cases on administrative offenses or their motivation parts, and also terms of the direction of claims (protests) together with case in court, authorized to consider them.

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.