of June 24, 1999 No. P-84/99
About enhancement of the legislation on the state fee
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., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., G.B. Cone, Shuklina V. Z., having considered the materials about addresses of citizens concerning payment of the state fee in judicial session established the following.
The resolution of Council of Ministers of the Republic of Belarus of February 26, 1993 N105 "About Rates of the State Fee" (the joint venture of the Republic of Belarus, 1993, N 7, of the Art. 94) with subsequent changes and amendments is determined that from the actions for declaration of property nature which are filed a lawsuit the state fee in the amount of 10 percent of the price of the claim is paid (Item 1. 1).
Due to the change of the legislation on property, the inflationary tendencies happening in our republic in private property there are objects having big cost. In case of the civil disputes connected with such property, citizens in case of the appeal to judicial authorities should pay the state fee in big size.
Citizens in the addresses to the Constitutional Court specify that the amount of the state tax paid in case of filing of application to court significantly limits their right to the judicial protection guaranteed by article 60 of the Constitution as because of excessively high rates of the state fee this protection for certain citizens is unavailable.
The state fee from the applications of property nature submitted to economic courts is established by the same resolution differentially depending on sum in dispute - in the amount of 5 to 1 percent of the price of the claim (Items 3.1. 1, 3.1.2, 3.1.3).
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