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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.

3. By consideration of claims (protests) to resolutions on cases on administrative offenses courts need to perform comprehensive, objective check of legality, justification and justice of resolutions, to timely correct the made mistakes; take measures to improvement of quality of the claims (protests) of resolutions which are taken out by results of consideration, provide specifying in them 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.

4. Bring 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" (The national register of legal acts of the Republic of Belarus, 2011, No. 116, 6/1081; National legal Internet portal of the Republic of Belarus, 11.10. 2012, 6/1226; 04:04. 2015, 6/1476) following amendments and changes:

4.1. Item 1 part one after the words which are "taken out", "personality" and Belarus to add respectively with words "economic courts of areas (city of Minsk),", ", the rights of legal entities" and ", p.1 Art. 1.2 ПИКоАП";

4.2. add Item 2 with part four of the following content:

"Owing to the p. 4 of Art. 11.5 ПИКоАП the refusal of research of proofs attracts inadmissibility of appeal or protest of the resolution on the case of administrative offense on this basis that does not deprive of participants of administrative process of the right of appeal or protest of the resolution on other bases.";

4.3. add the resolution with Item of 21 following contents:

"21. To court, authorized to consider the claim, it is necessary to check whether it conforms to the requirements fixed in чч. 1–3 Art. 12.11 ПИКоАП. In case of discrepancy of the claim to the specified requirements it is considered given, but returns the court order, authorized for its consideration, with purpose of term for remedial action. In case of the omission of the appointed term the claim is considered not given.";

4.4. in Item 3:

in part one:

words "which impose administrative punishments," to exclude;

after words "appendix 14" to add part with the words "or 16";

add part with the third offer of the following content: "If such resolution is appealed only regarding imposing of additional administrative punishment, the state fee is paid at the rate established by subitem 3.1.2 of the item 3 of appendix 14 or subitem 6.1.2 of the item 6 of appendix 16 to the Tax code of the Republic of Belarus.";

the second to exclude part;

4.5. state item 4 in the following edition:

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