RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of June 2, 2011 No. 1

About practice of collection of court costs on civil cases and procedural costs for criminal cases

Having discussed practice of collection of court costs on civil cases and procedural costs for criminal cases, for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that strict observance of the legislation regulating payment procedure of the state fee, and also collection of the court costs connected with consideration of civil cases and procedural costs for criminal cases allows to compensate partially to the state of costs for ensuring legal proceedings and when ensuring availability of judicial protection prevents receipt in courts of unreasonable requirements and petitions, promotes observance by participants of civil legal relationship of the principle of conscientiousness and rationality.

2. Courts should consider that the relations connected with payment of the state fee on civil and criminal cases are regulated by the Tax code of the Republic of Belarus, the Code of civil procedure of the Republic of Belarus and other legal acts (for example, the Presidential decree of the Republic of Belarus of December 31, 2007 No. 704 "About some questions of payment of the state fee").

Rates of the state fee for consideration of actions for declaration, statements and the complaints on civil cases made in courts, appeal and supervising claims to court decrees and also for issue of copies of documents are established in appendix 14 to the Tax code of the Republic of Belarus, from actions for declaration and complaints made in judicial board for intellectual property of the Supreme Court of the Republic of Belarus and for issue of copies of court resolutions of this board - in appendix 15 to the Tax code of the Republic of Belarus.

The procedure for calculation and payment of the state fee in case of the appeal to courts is determined by Art. 252 of the Tax code of the Republic of Belarus, and in case of filing of applications and claims in judicial board for intellectual property of the Supreme Court of the Republic of Belarus - Art. 253 of the called Code.

The state fee is paid before submission of the action for declaration, the statement, the claim, including appeal and supervising.

3. In case of receipt in court of the statement the judge needs to check whether it is subject to payment by the state fee, and also correctness of its calculation and payment if the applicant is not exempted from the state fee owing to Art. 257 of the Tax code of the Republic of Belarus or other legal acts.

In case of presentation of the counter action, declarations of accession to case of the third parties declaring independent requirements regarding dispute, the state fee is paid in accordance with general practice.

4. From statements (claims) consisting of several independent requirements, the state fee is collected respectively for each requirement separately and estimated by addition of duties. This rule belongs also to the actions for declaration containing at the same time both property, and non-property requirements. Such statements are paid with the state fee as for the rates established for actions for declaration of property nature and at the rates established for statements of non-property nature.

5. Courts should mean that owing to subitem 1.25 of item 1 of Art. 257 of the Tax code of the Republic of Belarus in courts bodies of prosecutor's office, state bodies, the organizations and physical persons who filed the petition in protection of the rights and legitimate interests of other persons in cases, stipulated by the legislation are exempted from payment of the state fee. Claimants and their representatives, including lawyers, according to the independent requirements declared in such cases, and also in case of appeal of the decision passed on case pay the state fee in accordance with general practice.

6. In case of increase in the size of claims after initiation of proceedings surcharge of the state fee at the rate and (or) proceeding from the size of basic size, established on the date of submission of the action for declaration (item 2 of Art. 251 of the Tax code of the Republic of Belarus) according to increase in the price of the claim is made. At the same time in case of failure to carry out by the claimant of the requirement about surcharge of the state fee during consideration of the case the dovzyskaniye of the state fee is made by court in case of decision on the substance of dispute.

7. If the statement is not paid with the state fee, and the applicant is not exempted from its payment by law or decisions of body of local authority and self-government, the judge takes out determination about leaving of the statement without movement. In determination the amount of the state fee, payment due date and effects of failure to pay shall be specified.

In cases when in case of filing of application person asks about full or partial relief it from payment of the state fee proceeding from property status (item 2 of Art. 258 of the Tax code of the Republic of Belarus), the matter is subject to permission taking into account requirements of the Art. of Art. 130-132 of GPK.

Determination about refusal in exemption of the state fee as well as determination about leaving of the statement without movement for motive of its failure to pay, can be appealed in appeal procedure, except for the determinations which are taken out by the Supreme Court of the Republic of Belarus (the p. 2 of the Art. 400 GPK).

8. Explain to courts that release fully or partially from payment of court costs in the income of the state (the state fee and costs connected with consideration of the case) is possible concerning physical persons proceeding from their property status. At the same time exemption of the state fee is allowed only on the subjects to taxation which are not connected with implementation of business activity (the Art. 130 GPK).

In case of the solution of question of exemption of court costs in the income of the state it is necessary to take into account the size of the salary and (or) the income, age and the state of health, the number of dependents, other circumstances objectively testimonial of difficult financial position of the applicant. If attached to the statement for release from court costs of documents on financial position of the applicant it is not enough, the judge according to the petition of the applicant requests additional.

If person is exempted from payment of the state fee in case of submission of the action for declaration, then and in case of decision about refusal in satisfaction of claims from it the state fee is not subject to collection.

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