of November 12, 2003 No. P-163/2003
About legal regulation of payment of the state fee for submission of cassation and supervising claims to court decrees according to recovery suits of the alimony
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on article 40 of the Constitution of the Republic of Belarus the address about check of constitutionality of regulations on payment of the state fee for submission of cassation and supervising claims to court decrees according to recovery suits of the alimony.
Having studied relevant provisions of the Constitution of the Republic of Belarus, the Code of civil procedure of the Republic of Belarus, the Law of the Republic of Belarus "About the state fee" and other regulatory legal acts, the Constitutional Court established the following.
The law "About the State Fee" (further - the Law) provides collection of the state fee, in particular, from actions for declaration and complaints made in courts from cassation and supervising claims to court decrees; from the supervising complaints to court decrees made in bodies of prosecutor's office (Article 2). Rates of the state fee are established by Council of Ministers of the Republic of Belarus (Article 3).
According to article 4 of the Law establishing privileges on payment of the state fee claimants - according to recovery suits of the alimony are exempted from payment of the state fee in legal agencies. According to part one of Article 142 of the Code of civil procedure (further - GPK) the duty is collected from the defendant in proportion to the satisfied part of claims.
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