of September 24, 2015 No. 10
About practice of application by courts of the legislation regulating rendering the international legal assistance on criminal cases
Having discussed results of studying and generalization of court practice, for the purpose of ensuring the correct and uniform application by courts of the legislation regulating rendering the international legal assistance on criminal cases, the Plenum of the Supreme Court of the Republic of Belarus decides:
1. Draw the attention of courts that the correct application of the legislation of the Republic of Belarus, including international treaties of the Republic of Belarus regulating rendering the international legal assistance on criminal cases is guarantee of protection of the rights and personal freedoms, provides inevitability of criminal liability, promotes increase in the authority and prestige of the state, strengthening and development of international cooperation.
2. It is necessary to consider that the international legal assistance on criminal cases is given according to international treaties of the Republic of Belarus, and in case of their absence – on the basis of the principle of reciprocity (article 2 of the Law of the Republic of Belarus of May 18, 2004 to No. 284-Z "About the international legal assistance on criminal cases").
In case of permission of the questions connected with rendering the international legal assistance based on international treaties of the Republic of Belarus, courts should check whether the foreign state which competent authority requested rendering legal assistance, the participant of the corresponding international treaty of the Republic of Belarus, the date of entry into force of the agreement for this foreign state, availability of clauses of the Republic of Belarus or foreign state to the international treaty is.
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