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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of June 24, 1998 No. Z-67/98

About compliance of the Constitution of the Republic of Belarus of article 267 of the Code of the Republic of Belarus about administrative offenses, Item 2 of the resolution of plenum of the Supreme Court of the Republic of Belarus of September 20, 1990 No. 7 "About practice of consideration by courts of the Republic of Belarus of claims to actions of bodies and officials in connection with imposing of administrative punishments"

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., G.B. Cone, Shuklina V. Z.

with participation of agents of the parties:

The president of the Republic of Belarus who made the offer on check of constitutionality of regulations: Miklashevich P. P. - the First Deputy Minister of Justice of the Republic of Belarus;

Houses of Representatives of National assembly of the Republic of Belarus: Alexandrov V.M. - the vice-chairman of the Permanent commission of the House of Representatives of National assembly of the Republic of Belarus by the legislation; Demidova I. E. - manager of department of economic, labor and social laws of management of examination of bills of the Main expert legal department of the Secretariat of the House of Representatives of National assembly of the Republic of Belarus;

Council of the Republic of National assembly of the Republic of Belarus: Brown V.V. - the head of department of civil, social and economic laws of expert legal department of the Secretariat of Council of the Republic;

Supreme Court of the Republic of Belarus: Mintz I. N. - judges, secretary Plenum of the Supreme Court

considered in proceeding in open court case "About compliance of the Constitution of the Republic of Belarus of article 267 of the Code of the Republic of Belarus about administrative offenses, Item 2 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of September 20, 1990 of N7 "About Practice of Consideration by Courts of the Republic of Belarus of Claims to Actions of Bodies and Officials in connection with Imposing of Administrative Punishments".

Took part in judicial session: Zhdanovich I. N. - vice-chairman of Supreme Economic Court of the Republic of Belarus; Ivanovsky A. V. - deputy attorney general of the Republic of Belarus.

Proceeedings are initiated on May 19, 1998 according to the proposal of the President of the Republic of Belarus based on article 116 of the Constitution of the Republic of Belarus, articles 5 and 6 of the Law "About the Constitutional Court of the Republic of Belarus" and Article 43 of Regulations of the Constitutional Court.

Were subject to check article 267 of the Code of the Republic of Belarus about administrative offenses (SZ BSSR, 1984, N 35, the Art. 505) and Item 2 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of September 20, 1990 N7 "About Practice of Consideration by Courts of the Republic of Belarus of Claims to Actions of Bodies and Officials in connection with Imposing of Administrative Punishments".

Article 267 of the Code of the Republic of Belarus about administrative offenses (further - the Administrative Code) providing procedure for appeal of the resolution on the case of administrative offense established, in particular, the following.

The resolution on the case of administrative offense can be appealed:

1) the resolution of the administrative commission, commission on cases of minors - in executive committee of the relevant Council of deputies or in district (city) court which decision is final;

2) the decision of executive committee of settlement, village council of deputies - in executive committee of district, city, district Council of deputies in the city or in district (city) court which decision is final;

3) the resolution of other body (official) on imposing of administrative punishment in the form of penalty - in higher body (the higher official) or in district (city) court which decision is final; the resolution on imposing of other administrative punishment - in higher body (the higher official) then the complaint can be made in district (city) court which decision is final.

The resolution on imposing of at the same time main and additional administrative punishment can be at the choice of person appealing the resolution is appealed according to the procedure, established for the basic or for additional collection;

4) the resolution of law-enforcement body (official) on imposing of administrative punishment in the form of the prevention fixed on site making of offense without creation of the protocol - in higher body (the higher official);

5) the resolution of the official of military automobile inspection on imposing of administrative punishment in the form of the prevention fixed on site making of offense without creation of the protocol - to the higher official, competent to consider the claim.

In Item 2 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of September 20, 1990 N7 "About Practice of Consideration by Courts of the Republic of Belarus of Claims to Actions of Bodies and Officials in connection with Imposing of Administrative Punishments" is explained the following: "In case of the solution of question of acceptance to production of court of the claim to the resolution on administrative offense it must be kept in mind that according to articles 266 and 267 of the Code of the Republic of Belarus about administrative offenses such resolution can be appealed by person concerning whom it is taken out, and also the victim.

The resolution of the administrative commission, commission on cases of minors, the decision of executive committee of settlement, village council of deputies on imposing of any kind of administrative punishment, and also the resolution of other body (official) on imposing of administrative punishment in the form of penalty can be appealed in court if it was not appealed in other stipulated in Article 267 called the Code procedure, that is the resolution of the commission - in executive committee of the relevant Council of deputies, the decision of executive committee of settlement, village council of deputies - in higher executive committee of Council of deputies, the resolution of other body (official) - in higher body (the higher official).

The claim to the resolution of other body (official) on imposing of other types of administrative punishments (except penalty) is accepted to production of court only after consideration by its higher body (the higher official).

The resolution on imposing of at the same time main and additional administrative punishment can be at the choice of person appealing the resolution is appealed according to the procedure, established for the basic or for additional collection".

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