RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of December 21, 2006 No. 10

About practice of application of the legislation providing the right of citizens to judicial protection and measures for increase in its efficiency in general courts

The constitutional right of citizens on judicial protection is exercised by provision to everyone possibility of free appeal to the court, implementation of justice on the basis of the Constitution of the Republic of Belarus and other regulatory legal acts accepted according to it, ensuring equality of all before the law and court.

Task of general courts is protection of the personal rights and freedoms of citizens, the state and public concerns, the social and economic and political rights, ensuring the correct application of the legislation when implementing justice.

Studying of practice of application by courts of the legislation providing the right of citizens to judicial protection showed that courts generally correctly resolve the issues connected with initiation of proceedings according to petitions from citizens carry out their necessary preparation for legal proceedings, take measures to hearing of cases and materials in the terms established by the law. At the same time in most courts opportunity for acquaintance of citizens with procedure and conditions of appeal to the court is provided, the main requirements imposed by the legislation to statements and documents filed in case of appeal to the court the complete information about reception of citizens on the questions which are within competence of the courts contains.

At the same time in work of the courts take place and the facts of the inattentive relation to addresses of citizens, cases of unreasonable refusal in initiation of proceedings, non-compliance with the precepts of law establishing procedure and terms of hearing of cases and materials.

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