of January 15, 2002 No. P-136/2002
About payment of the state fee by persons appealing judicially refusal in registration of the petition for recognition by refugees and refusal in recognition by refugees
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., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the address that foreign citizens and stateless persons to which it was refused registration of the petition for recognition by their refugees and it is refused recognition by refugees cannot exercise the right to judicial protection as the effective rate of the state fee is unreasonable burden for most of persons appealing with claims to court.
The analysis of relevant provisions of the Constitution, the laws and other regulatory legal acts of the Republic of Belarus, the international legal acts shows the following.
Article 8 of the Constitution provides that the Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the legislation.
According to article 12 of the Constitution the Republic of Belarus can grant asylum right to persons pursued in other states for political, religious beliefs or national identity.
On the basis of the Law of May 4, 2001 the Republic of Belarus joined the Conventions on the status of refugees and the Protocol concerning the status of refugees, accepted according to General Assembly resolutions.
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