of April 25, 2001 No. P-115/2001
About compliance of the constitution of article 37 of the Code of the Republic of Belarus about administrative offenses and practice of its application
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., Vorobey G. A. judges., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., G.B. Cone, Shuklina V. Z. based on Article 40, of Article part one 116, of article 125 of the Constitution, articles 7 and 11 of the Law "About the Constitutional Court of the Republic of Belarus", article 35 of the Law "About Prosecutor's Office of the Republic of Belarus" considered the address of the Attorney-General of the Republic of Belarus about discrepancy of the Constitution of court practice on application of article 37 of the Code of the Republic of Belarus about administrative offenses (further - the Administrative Code) by hearing of cases about customs offenses.
In the address of the Attorney-General it is specified that in Prosecutor's office of the Republic of Belarus ideas of prosecutors of areas and chiefs of customs of bringing of protests according to the procedure of supervision on court decrees on cases on administrative customs offenses in connection with the termination of production by courts on them constantly arrive. In many cases it is determined that the specified decrees of courts are issued with violation of requirements of the legislation and therefore they shall be cancelled. However protests of prosecutors on such resolutions often are not satisfied with courts with reference to the expiration of the terms provided by part one of the article 37 Administrative Code. According to the Attorney-General, there was wrong court practice which excludes possibility of cancellation and review of court decrees about cessation of production on cases on administrative customs offenses contrary to requirements of part three of the article 37 Administrative Code.
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