SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of January 15, 2002 No. P-136/2002

About payment of the state fee by persons appealing judicially refusal in registration of the petition for recognition by refugees and refusal in recognition by refugees

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., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the address that foreign citizens and stateless persons to which it was refused registration of the petition for recognition by their refugees and it is refused recognition by refugees cannot exercise the right to judicial protection as the effective rate of the state fee is unreasonable burden for most of persons appealing with claims to court.

The analysis of relevant provisions of the Constitution, the laws and other regulatory legal acts of the Republic of Belarus, the international legal acts shows the following.

Article 8 of the Constitution provides that the Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the legislation.

According to article 12 of the Constitution the Republic of Belarus can grant asylum right to persons pursued in other states for political, religious beliefs or national identity.

On the basis of the Law of May 4, 2001 the Republic of Belarus joined the Conventions on the status of refugees and the Protocol concerning the status of refugees, accepted according to General Assembly resolutions.

In article 16 of the called Convention it is determined that each refugee has the right of free circulation in courts in the territory of all Contracting States (Item 1); in the territory of the Contracting State in which there is its regular residence each refugee will use concerning the right of appeal to the court the same provision, as citizens, in particular in questions of legal aid and release from ensuring payment of court costs (Item 2). In Item 1 of article 29 of this Convention it is determined that Contracting States will not impose on refugees any taxes, charges or taxes, except or above those which under similar conditions are levied or can be levied from own citizens.

Foreign citizens and stateless persons in the territory of Belarus have the rights and freedoms and fulfill duties on an equal basis with citizens of the Republic of Belarus if other is not determined by the Constitution, the laws and international treaties (article 11 of the Constitution).

In the Republic of Belarus the Law "About Refugees" according to which part three of Article 15 decisions and the actions (failure to act) of state bodies and officials connected with execution of the called Law can be appealed in higher body and (or) court is effective. This regulation will be approved with article 60 of the Constitution of the Republic of Belarus according to which protection of its rights and freedoms by competent, independent and just trial in the terms determined by the law, and also with Article 8 of the Universal Declaration of Human Rights proclaiming is guaranteed to everyone that each person has the right to effective recovery in the rights by competent domestic courts in cases of violation of its basic rights provided to it by the constitution or the law.

According to Item 1 of article 2 of the Law of the Republic of Belarus "About the state fee" the state fee is levied from actions for declaration, statements and complaints made in courts from cassation and supervising claims to court decrees, and also for issue of copies of documents by courts.

By the resolution of Council of Ministers of the Republic of Belarus of February 26, 1993 No. 105 "About rates of the state fee", with subsequent changes and amendments, in particular, it is determined that the state fee from the claims which are filed a lawsuit to actions (failure to act) of the state bodies and other legal entities, and also the organizations who are not legal entities, and the officials infringing the rights of citizens is levied in the amount of five minimum wages.

Follows from contents of article 4 of the Law "About the State Fee" establishing privileges on the state fee for separate categories of persons that persons to whom it is refused registration of the petition for recognition by their refugees and it is refused recognition by refugees are not exempted from payment of the state fee in case of appeal of decisions of state bodies and actions (failure to act) of officials in court.

Thus, persons in case of submission of the claim to the decisions and actions (failure to act) of state bodies and officials connected with execution of the Law "About Refugees" shall pay the state fee in the amount of five minimum wages to court. The similar duty on payment of the state fee is performed by citizens of the Republic of Belarus in case of appeal to the court with the claim to the actions (failure to act) of state bodies and officials infringing the rights of citizens.

At the same time it should be noted that the property status of refugees not always allows them to execute the obligation assigned to them by the legislation of the Republic of Belarus on payment of the state fee.

The resolution of the Cabinet of Ministers of the Republic of Belarus of June 20, 1995 No. 314 "About financing of costs for assistance to refugees", with subsequent changes and amendments, establishes the following types and the extent of the monetary assistance to the foreigners who submitted petitions for recognition by their refugees and also to refugees: the one-time help after registration of the petition for recognition by the refugee in the amount of one minimum wage; the additional help needy during consideration of the petition for recognition by the refugee: on food - in the amount of one minimum wage for the second and third months of migration, but no more than two minimum wages for the period considerations of the petition; on acquisition of clothes - in the amount of, not exceeding four minimum wages; on payment of accommodation in leased Items of the temporary settlement - in the amount of, not exceeding actual cost of one bed at the rate of the minimum rate in hotel economy of the city (area); the one-time help after certification of the refugee in the amount of one minimum wage. All types of the monetary assistance on children aged up to 16 years which are members of families of the foreigners who submitted petitions for recognition by their refugees and also refugees are paid to one of parents or the guardian according to their statement in the sizes established for persons which submitted petitions for recognition by their refugees and for refugees (Item 1).

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