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

of December 22, 2016 No. 9

About providing the right to judicial protection and culture of judicial activities

(as amended of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of 31.03.2021 No. 2)

The plenum of the Supreme Court of the Republic of Belarus notes that courts do considerable work on accomplishment of actions of judicial and legal reform. Realization of regulations of the Message on perspectives of the development of system of courts of law of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of October 10, 2011 No. 454 "About measures for enhancement of activity of the courts of the general jurisdiction of the Republic of Belarus" and the Decree of the President of the Republic of Belarus of November 29, 2013 No. 6 "About enhancement of judicial system of the Republic of Belarus" became its decisive stage.

It allowed to realize fully the constitutional principle of unity of judicial system; optimize its structure and the number of staff; eliminate distinctions in judicial interpretation of number of regulatory legal acts. Additional opportunities of enhancement of approaches to the organization and implementation of judicial activities in the context of the provisions containing in the international acts devoted to the conventional standards in the field of justice, and enshrined in the Constitution of the Republic of Belarus are created.

At the same time activity of the courts of the general jurisdiction shall promote strengthening of bases of the constitutional democratic state, maintenance of legality and law and order, permission and settlement of the social conflicts.

As necessary condition of the solution of this task it is necessary to recognize ensuring high level of the organization and culture of judicial activities; strict compliance with law by hearing of cases; strict observance of provisions of general and professional ethics both judges, and workers of offices of courts; professional and initiative accomplishment by chairmen of the courts of all levels of the functions.

The plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that providing the right of citizens and the organizations on judicial protection and maintenance of high level of culture of judicial activities act as important sales terms of the principle of protection of the rights and personal freedoms by competent, independent and just trial established by article 60 of the Constitution of the Republic of Belarus and proper accomplishment of the tasks determined to courts of law by the Code of the Republic of Belarus about judicial system and the status of judges.

2. Subordination when implementing justice only to the law (article 110 of the Constitution of the Republic of Belarus) is legal duty and moral duty of judges. Direct or indirect intervention in judicial activities, impact on court from whom they neither proceeded and in what forms nor were expressed, shall be stopped resolutely by application of stipulated by the legislation response measures.

3. Courts should consider that maintenance of high level of culture of judicial activities promotes increase in the authority of judicial authority, forming in the society of respect for human rights and freedoms, education of citizens in the spirit of respect and execution of the laws, to the prevention of offenses, forming of customs and ethics of business conduct.

The culture of judicial activities includes the organization of work on hearing of cases, maintenance of the procedure established by the law in courtroom, implementation of justice in cloaks, respecting the rule of law in case of pronouncement of court decrees, literacy and timeliness of creation of procedural documents, respect for ethical standards of communication and rules of conduct, content in proper condition of court houses.

4. It is necessary to consider that owing to regulations of the Code of the Republic of Belarus on judicial system and the status of judges on court house, in office offices of judges and halls of judicial sessions National flag of the Republic of Belarus is set, and also the image of the State Emblem of the Republic of Belarus is located. To the state symbols it is necessary to provide respect.

Courts should create necessary conditions for realization of the right of citizens and the organizations on judicial protection, receipt of information on activity of the courts. For this purpose on the Internet portal of courts of law of the Republic of Belarus, in premises of courts it is necessary to place information on procedure for appeal to the court, on basic rights and obligations of participants of process, rules of conduct in judicial session, procedure for appeal of court decrees, and equally in other data on activity of the courts promoting increase in level of legal awareness on legal proceedings.

In addition to availability of the courtrooms equipped for hearing of cases it is required to take measures to creation in court house of conditions for implementation of acceptance of visitors, including persons with limited opportunities of health, and also put studying prosecutors, lawyers and other participants of process.

5. It is strict to judges to observe the judges of the Republic of Belarus stated in the Code of honor rules of conduct both in professional activity, and in the off-duty relations, to follow generally accepted standards of morality and to avoid everything that causes damage to the authority of judicial authority.

Communication of judges among themselves, with participants of process and other citizens shall meet ethical standards and rules.

Judges should exclude personal participation in the activities which are not connected with accomplishment of the job responsibilities if it can entail conflict of interest and will interfere with ensuring impartiality and independence of court.

6. It must be kept in mind that permanent advanced training of judges is the integral condition of ensuring high level of culture of judicial activities.

To judges pay attention to enhancement of the knowledge and professional skills necessary for proper implementation of justice. Monitor changes in the national legal system and international law, including the international agreements and other documents which establish the regulations operating concerning human rights.

7. Courts should take measures to creation of conditions for the free address of citizens and the organizations in court and their participations in legal proceedings, not to allow formalistic approach to consideration of the applications about initiation of proceedings.

Decision making about refusal in excitement of civil case, return or refusal in adoption of the statement on economic case, leaving of the statement without movement, return of the statement for the committed crime which brings criminal case of private prosecution, is allowed only in the cases which are directly provided by regulations of the procedural legislation. In particular, such decisions cannot be made in case of questions which permission is provided by preparation of case for legal proceedings or during legal proceedings (replacement of the defendant, attraction to participation in case of the codefendant or the third parties, determination of sufficiency of the proofs confirming justification of the declared requirements, etc.).

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