Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 12, 2003 No. P-163/2003

About legal regulation of payment of the state fee for submission of cassation and supervising claims to court decrees according to recovery suits of the alimony

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on article 40 of the Constitution of the Republic of Belarus the address about check of constitutionality of regulations on payment of the state fee for submission of cassation and supervising claims to court decrees according to recovery suits of the alimony.

Having studied relevant provisions of the Constitution of the Republic of Belarus, the Code of civil procedure of the Republic of Belarus, the Law of the Republic of Belarus "About the state fee" and other regulatory legal acts, the Constitutional Court established the following.

The law "About the State Fee" (further - the Law) provides collection of the state fee, in particular, from actions for declaration and complaints made in courts from cassation and supervising claims to court decrees; from the supervising complaints to court decrees made in bodies of prosecutor's office (Article 2). Rates of the state fee are established by Council of Ministers of the Republic of Belarus (Article 3).

According to article 4 of the Law establishing privileges on payment of the state fee claimants - according to recovery suits of the alimony are exempted from payment of the state fee in legal agencies. According to part one of Article 142 of the Code of civil procedure (further - GPK) the duty is collected from the defendant in proportion to the satisfied part of claims.

In practice claimants according to recovery suits of the alimony are exempted from payment of the state fee also in case of submission of cassation and supervising claims to court decrees in these claims in higher degrees of jurisdiction.

The constitutional court notes that concerning supervising complaints to court decrees according to recovery suits of the alimony made in bodies of prosecutor's office the privilege stated above is not provided by the Law.

Rates of the state fee from the statements and claims which are filed a lawsuit and in bodies of prosecutor's office, are established by the resolution of Council of Ministers of the Republic of Belarus of March 26, 2003 No. 402 "About rates of the state fee and provision of additional benefits on its payment" (further - the resolution of Council of Ministers No. 402). The resolution of Council of Ministers No. 402 does not contain rates of the state fee collected from the defendant by a court decision in the recovery suit of the alimony and for submission of cassation and supervising claims to these decisions of the courts.

With respect thereto the Plenum of the Supreme Court of the Republic of Belarus in Items 16, of 18, of the 19th resolution of September 15, 1994 No. 8 "About practice of collection of court costs on civil cases and procedural costs for criminal cases" (with changes and additions made by resolutions of March 29, 2001 No. 4 and of September 26, 2002 No. 8) (further - the resolution of the Plenum) explained that according to Item of 1 part one of Article 120 GPK duty according to all recovery suits of the alimony irrespective of their appointment (on content of children, parents, spouses, etc.) it is estimated from cumulative payment amount of the alimony and if the term for which the alimony is collected exceeds 12 months, then from payment amount in 12 months. In case of acceptance of refusal of the claimant of the recovery suit of the alimony and suit abatement the duty in the income of the state is not collected from the defendant. The amount of the state tax is determined by claims for exemption of debt on the alimony, their reduction or increase proceeding from the amount on which payments, but no more than in one year decrease, increase or stop.

Similar regulations contain in Items 10, of the 12th Chapter 3 "Procedure for collection of duty from the statements and claims which are filed a lawsuit and for issue of copies of documents by court" Instructions about procedure for calculation, collection and transfer in the budget of the state fee approved by the resolution of the State Tax Committee of the Republic of Belarus of May 26, 2000 No. 47 (with changes and additions made by the resolution of May 28, 2001 No. 75).

Thus, in practice of activity of the courts calculation of the state fee for submission by defendants of cassation and supervising claims to court decrees in recovery suits of the alimony is made based on subitems 1. 10, 1.11 Items of 1 appendix to the resolution of Council of Ministers No. 402 proceeding from the rate established for claims of property nature.

2 appendices to the resolution of Council of Ministers No. 402 are provided by subitem 2.1 of Item that (primary and repeated) on decisions and determinations of courts on approval of voluntary settlements, and also from claims to cassation determinations and supervising resolutions of the superior courts given to bodies of prosecutor's office, the state fee is collected from supervising claims at the rates established for the supervising complaints made in courts of law. At the same time, as appears from the reply of Prosecutor's office of the Republic of Belarus of May 30, 2003 No. 8/118-2003 on the applicant's request, bodies of prosecutor's office in case of acceptance of supervising claims to court decrees according to recovery suits of the alimony require payment of the state fee proceeding from 50 percent of the rate established in the amount of 5 basic sizes, provided by subitem 1.7 of Item of 1 appendix to the resolution of Council of Ministers No. 402. In this subitem the rate of the state fee collected from actions for declaration of non-property nature is established.

The constitutional court notes distinction in practice of application of the legislation on the state fee by courts and bodies of prosecutor's office. So, courts of law impose requirements about payment of the state fee for submission of cassation and supervising claims to court decrees for recovery suits of the alimony only to defendants in these claims; claimants are exempted from payment of the specified state fee. Are taken cognizance by bodies of prosecutor's office supervising claims both defendants, and claimants to court decrees on the called category of cases on condition of payment of the state fee by them. Courts of law proceed from need of calculation of the state fee according to recovery suits of the alimony on the basis of the rate established for statements of property nature, and bodies of prosecutor's office in case of adoption of supervising claims to the specified court decrees - proceeding from the rate established for statements of non-property nature.

The constitutional court considers that the specified distinctions are not caused by the legislation.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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 50000 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.
More about search system

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.