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

of September 30, 2011 No. 6

About practice of consideration by courts of claims (protests) to resolutions on cases on administrative offenses

Having discussed practice of consideration by courts of claims (protests) to resolutions on cases on administrative offenses, 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 the right to appeal of the decrees on cases on administrative offenses issued by the economic courts of areas (city of Minsk), district (city) courts, bodies conducting administrative process authorized to consider cases on administrative offenses, is important constitutional guarantee of protection of the rights and personal freedoms, the rights of legal entities (Art. 60 of the Constitution of the Republic of Belarus, p.1 Art. 1.2 ПИКоАП).

The courts considering claims and protests shall respect strictly rules ПИКоАП regulating procedure for their consideration, to provide objective check of legality and justification of resolutions on cases on administrative offenses.

2. Courts should mean that owing to Art. 12.1 ПИКоАП the resolution on the case of administrative offense which did not take legal effect can be appealed by person concerning whom it is taken out, the victim, their representatives, the defender, and also it is protested by the prosecutor. The resolution on diversion on administrative offense or on imposing of administrative punishment with diversion about administrative offense in part can be also appealed by the head of the body which sent case on administrative offense for consideration.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info