of November 7, 1994 No. P-6/94
ABOUT ENHANCEMENT OF THE LEGISLATION REGULATING INDEMNIFICATION, CAUSED TO CITIZENS BY WRONGFUL ACTS
Constitutional court of the Republic of Belarus as a part of the chairman - the vice-chairman of the Constitutional Court Tikhini V. G., Vasilevich G. A. judges., Kenik K. I., Pastukhova M. I., Podgrusha V. V., Seredy M. N., Tishkevich S. I., Fadeyeva V. A., Filipchik R. I., having considered on the initiative in judicial session question of legal regulation of the indemnification caused to citizens by wrongful acts established the following.
According to article 21 of the Constitution the state guarantees the rights and freedoms of citizens of Belarus enshrined in the Constitution, the laws and provided by international treaties. For the purpose of protection of the rights, freedoms, honor and advantage citizens have the right to collect judicially as property harm, and to receive material compensation of moral harm.
About the right of citizens to indemnification, caused by wrongful acts, it is told in a number of international legal documents. Special attention at the same time is paid on protection of the rights of citizens, victims of crimes. So, state members of the Council of Europe in 1983 accept the European convention on compensation of damage to the victims of the crimes connected with personal violence. In it minimum necessary measures for compensation of damage to these victims from the state are determined.
The right to access to mechanisms of justice and the fastest compensation for the caused damage are provided by Article 4 of the Declaration of the basic principles of justice for the victims of crimes and authority misuse / is accepted by the United Nations General Assembly on November 29, 1985/.
In many countries support of the victims of crimes is brought to the level of state policy. Contributions in special funds are made first of all by law enforcement agencies. They actively participate in different actions for support of the victims from criminal acts. For example, in the USA under the Ministry of Justice the department of the help to the victims of crimes is created, in England the committee on compensation of the bodily harms received as a result of crimes is formed and also the Support of the Victims organization is effective on a voluntary basis. On February 22, 1990 in England the Charter of the victims in which basic rights of the victims of crimes are stated was announced.
According to Article 9 of the International Covenant on Civil and Political Rights "Everyone Who Was the Victim of Illegal Arrest or Was Held in Custody Has Entitlement to Compensation, Having Actionability".
The current legislation of the Republic of Belarus not fully provides realization of the provisions of the Constitution called above and not in everything conforms to international legal standards and recommendations in the field of protection of the rights of citizens against wrongful acts.
So, the right of the citizens who were injured from crimes to adequate compensation is not provided so far. Only some legal acts / Art. 7 of the Civil code, Art. 9 of the Law "About Social Protection of Disabled People in the Republic of Belarus", Art. 15 of the Law "About Consumer Protection" / provide possibility of material compensation of moral harm.
In the republic there is no national legal system on procedure for the indemnification caused to citizens by illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court.
Taking into account stated and being guided by articles 127 and 130 of the Constitution, articles 5 and 7 of the Law "About the Constitutional Court of the Republic of Belarus", the Constitutional Court of the Republic of Belarus
suggest the Supreme Council of the Republic of Belarus to take necessary measures to enhancement of the legislation regulating indemnification, caused to citizens by wrongful acts namely:
- enshrine in the law possibility of full recovery of the harm done to citizens including material compensation of moral harm;
- provide the victim's right to compensation in full of the harm done by crime and develop the corresponding mechanism of its realization;
- in the national legal system to determine procedure for the indemnification caused to citizens by illegal actions of bodies of inquiry, pretrial investigation, prosecutor's office and court.
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