of December 1, 2003 No. P-165/2003
About providing the right to submission of the claim according to the procedure of supervision by persons condemned to imprisonment
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., Kenik K. I, Podgrushi V. V., Sarkisova E. A., Tikovenko A. G., G.B. Cone, Shuklina V. Z., having considered based on part one of article 116 of the Constitution of the Republic of Belarus numerous addresses of persons condemned to imprisonment in connection with impossibility of implementation of the right to appeal of sentences by them in supervising procedure due to the lack of funds for payment of the state fee, established the following.
Article 2 of the Law of the Republic of Belarus of January 10, 1992. "About the state fee" (with subsequent changes and amendments) subjects to taxation are established by duty among which cassation and supervising claims to court decrees are called.
Rates of the state fee are established by Council of Ministers of the Republic of Belarus. According to subitem 1.12 of Item of 1 appendix to the resolution of Council of Ministers of the Republic of Belarus of March 26, 2003 No. 402 "About rates of the state fee and provision of additional benefits on its payment" (with changes and amendments) the rate of the state fee from supervising claims (primary and repeated) on sentences of courts, on resolutions of Trial Courts, cassation determinations and supervising resolutions of superior courts on criminal cases constitutes one basic size.
According to the paragraph the fifth Item 2 of the specified resolution of Council of Ministers of March 26, 2003 No. 402 from payment of the state fee exempts lawyers for giving in courts and bodies of prosecutor's office of supervising claims (primary and repeated) on sentences of courts regarding condemnation or justification. To imprisonment such rule does not extend to convicts.
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