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

of December 18, 2003 No. 13

About application by courts of the legislation on responsibility for offenses against ecological safety and the environment

Having discussed practice of consideration by courts of cases on responsibility for offenses against ecological safety and the environment, for the purpose of ensuring the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus

DECIDES:

1. Draw the attention of courts that strict observance of the legislation on environmental protection is condition of providing ecological safety and rational use of natural resources. Owing to this fact by hearing of cases about violation of the law about environmental protection it is necessary to provide comprehensive and complete investigation of circumstances of illegal act, to consider nature of the come effects, not to allow unreasonable release of guilty persons from responsibility, and also from compensation of the damage caused by harmful effects on the environment.

2. Courts should mean that feature of the precepts of law establishing responsibility for violation of the legislation on environmental protection is their referential and blanket nature. Therefore in case of their application it is necessary to address the regulatory legal acts and international treaties of the Republic of Belarus governing the relations in the field of protection and rational use of natural objects and also procedure for compensation of damage suffered.

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