of November 7, 1994 No. P-6/94
ABOUT ENHANCEMENT OF THE LEGISLATION REGULATING INDEMNIFICATION, CAUSED TO CITIZENS BY WRONGFUL ACTS
Constitutional court of the Republic of Belarus as a part of the chairman - the vice-chairman of the Constitutional Court Tikhini V. G., Vasilevich G. A. judges., Kenik K. I., Pastukhova M. I., Podgrusha V. V., Seredy M. N., Tishkevich S. I., Fadeyeva V. A., Filipchik R. I., having considered on the initiative in judicial session question of legal regulation of the indemnification caused to citizens by wrongful acts established the following.
According to article 21 of the Constitution the state guarantees the rights and freedoms of citizens of Belarus enshrined in the Constitution, the laws and provided by international treaties. For the purpose of protection of the rights, freedoms, honor and advantage citizens have the right to collect judicially as property harm, and to receive material compensation of moral harm.
About the right of citizens to indemnification, caused by wrongful acts, it is told in a number of international legal documents. Special attention at the same time is paid on protection of the rights of citizens, victims of crimes. So, state members of the Council of Europe in 1983 accept the European convention on compensation of damage to the victims of the crimes connected with personal violence. In it minimum necessary measures for compensation of damage to these victims from the state are determined.
The right to access to mechanisms of justice and the fastest compensation for the caused damage are provided by Article 4 of the Declaration of the basic principles of justice for the victims of crimes and authority misuse / is accepted by the United Nations General Assembly on November 29, 1985/.
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