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

of June 30, 2022 No. 3

About application of regulations of the General part of the Code of the Republic of Belarus by courts about administrative offenses

Having discussed results of generalization of court practice of application of regulations of the General part of the Code of the Republic of Belarus about administrative offenses (further - the Administrative Code), 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 the correct application of regulations of the General part the Administrative Code is important instrument for ensuring of protection of life, health, the rights, freedoms and legitimate interests of physical persons, interests of society and state, the rights and legitimate interests of legal entities, and also preventions of administrative offenses.

It must be kept in mind that administrative prosecution of physical person, including individual entrepreneur, legal entity (further if other is not provided, - person) shall be based on the principles of legality, justice, humanity, equality before the law, and also guilty responsibility of physical persons (part 3 of the article 1.2 Administrative Code). Administrative punishment can be imposed in the absence of good causes for application of preventive corrective actions and shall be proportional to nature and degree of public harm of administrative offense, to answer the purpose of the administrative responsibility.

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