SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 24, 2002 No. P-152/2002

About the constitutional guarantees of the right of persons condemned to imprisonment, for judicial appeal of the disciplinary measures applied to them

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., Podgrusha V. V., Sarkisovoy 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 refusals of courts to consider their claims to application to them of disciplinary measures, established the following.

In the addresses convicts to imprisonment specify that courts refuse consideration of their claims to application to them administration of correctional facilities of disciplinary measures, motivating it with absence in the legislation of the regulations regulating procedure for acceptance and consideration of such claims.

The constitutional court passed twice decisions in which the constitutional right of convicts on judicial appeal of the disciplinary measures applied to them is confirmed. In spite of the fact that in the criminal procedure and criminal and executive legislation there are no regulations regulating procedure for acceptance and consideration by courts of the specified claims of convicts in the Code of civil procedure of the Republic of Belarus there is whole chapter providing procedure for appeal of actions of the officials infringing the rights of citizens.

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