On October 21, 2011 the Constitutional Court of the Republic of Belarus took a decision “On legal regulation of procedural expenses and court costs in the administrative process” (a reporting judge – Tadeush V. Voronovich) based on the examination of the appeals to the Constitutional Court. The citizens’ appeals show that in the absence of the legislative rules governing the distribution of procedural expenses and court costs in the administrative process, the courts have declined their claims for compensation of state duty and legal assistance so that their constitutional rights to judicial protection, qualified legal assistance and recovery of costs incurred have been violated.

In view of the constitutional provisions (article 7, 21, 22, 59 etc.) and international legal acts to which the Republic of Belarus is a party, the Constitutional Court noted in its decision that the State should establish legal mechanisms to ensure the effective protection of violated rights and freedoms.

The Constitutional Court pointed out that as distinct from other procedural codes of the Republic of Belarus (the Civil Procedure Code, the Economic Procedure Code, the Criminal Procedure Code) the Procedural Executive Code on Administrative Offences does not provide any rules that define the concept of procedural expenses and court costs, their components and recovery procedure. Such absence shows that there is a gap in legislation and that the principle of consistency and comprehensiveness of legal regulation of social relations, laid down in article 7 of the Law “On Normative Legal Acts of the Republic of Belarus” has not been complied with.

The Constitutional Court pointed out that the absence of legislative rules to ensure the necessary legal regulation of social relations associated with the distribution of procedural expenses and court costs in the administrative process, affects the legality and fairness of law-enforcement, compliance with the constitutional principles of the supremacy of law and everyone’s equality before the law. It also weakens the guarantees to protect the constitutional rights and freedoms.

With a view to secure the constitutional principles of the supremacy of law and everyone’s equality before the law and in order to fill the gap in legislation the Constitutional Court recognised the need to introduce alterations and addenda to the Procedural Executive Code on Administrative Offences of the Republic of Belarus as to define the concept of procedural expenses and court costs, their components and recovery procedure in the administrative process. It also proposed to the Council of Ministers of the Republic of Belarus to make a draft law on the relevant alterations and addenda to the Procedural Executive Code on Administrative Offences of the Republic of Belarus and submit it to the House of Representatives of the National Assembly of the Republic of Belarus under the established procedure.