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

of December 24, 2009 No. 11

About application by courts of the legislation regulating protection of the rights and legitimate interests of citizens by consideration of claims to illegal decisions, actions (failure to act) of state bodies, other organizations and officials

The constitution of the Republic of Belarus guarantees the right of citizens to personal or collective appeals to state bodies, and also establishes obligation of state bodies and officials timely and to qualitatively resolve addresses of citizens (the Art. 40).

For the purpose of enhancement of the mechanism of protection of the rights and legitimate interests of citizens from wrongful acts (failure to act) of state bodies, other organizations, officials reforming of the legislation is performed, number of the regulatory legal acts directed to optimization of activities of state bodies and the maximum accounting of interests of citizens is accepted. Additional guarantee of protection of the rights of citizens is establishment of procedure of ministerial procedures by the declarative principle.

Justification of actions of state bodies, other organizations and officials in case of permission of addresses of citizens is checked by court which shall provide timely consideration of the claim of the citizen and in case of violation of its rights and legitimate interests to pass the decision directed to their recovery.

Considering features of consideration of this category of cases and need of 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 timely and effective recovery of the rights and legitimate interests of citizens according to claims to decisions, actions (failure to act) of state bodies, other organizations * and officials is one of the major tasks when ensuring judicial protection.

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* For the purposes of this resolution state bodies, other organizations are understood also as authorized bodies when implementing ministerial procedures, other legal entities, and also the organizations who are not legal entities.

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