SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 3, 2008 No. P-300/2008

About calculation of procedural terms in administrative process

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Maryskin A. V., Boyko T. S. judges., Danilyuka of Page E., Izotko V. P., Kozyrevoy L.G., Podgrusha V. V., Ryabtseva L.M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P., Shuklin V. Z. considered the address concerning legitimacy of return of claims to resolutions on cases on administrative offenses without their consideration in connection with the omission of the procedural term established by part 3 of article 12.11 of the Procedural and executive code of the Republic of Belarus about administrative offenses (further - ПИКоАП).

From the available materials it is seen that in case of submission of the claim to the resolution on the case of administrative offense in case the last day of procedural term falls on non-working day, and the claim went by mail in the first working day following it, courts recognized procedural term passed, and the claim returned without consideration.

Having analyzed provisions of the Constitution of the Republic of Belarus, relevant standards ПИКоАП and other regulatory legal acts of the Republic of Belarus, the Constitutional Court established the following.

Part one of article 60 of the Constitution to everyone guarantees protection of its rights and freedoms by competent, independent and just trial in the terms determined by the law. Security of judicial protection is connected with pronouncement of the legal and reasonable court decree, possibility of its check and review, including by appeal in accordance with the established procedure.

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