Citizens in their applications to the Constitutional Court put questions about gaps in the legislation on administrative proceedings that regulates relations concerning the exemption from payment of a state fee while filing complaints against rulings on administrative offences cases to the court.

The Tax Code of the Republic of Belarus establishes the duty of citizens to pay a state fee for filing complaints against court rulings to courts of general jurisdiction. At the same time point two of Article 258 of the mentioned Code enshrines the right of a court (a judge) to exempt individuals, fully or partially, from judicial state fee proceeding from their property status on objects liable to a state fee if they are not related to the entrepreneurial activity.

Part three of Article 12.2 of the Procedural and Executive Code of the Republic of Belarus on Administrative Offences (hereinafter – PECoAO) states that complaints to a court against rulings on administrative offences cases are liable to a state fee according to the legislation of the Republic of Belarus. In case of nonpayment of a state fee this complaint is to be returned to the complainant. The Code does not contain the procedure of exemption of individuals from payment of the state fee.

According to part two of Article 1.1 of the PECoAO this Code is the only act which establishes administrative proceedings applied on the territory of the Republic of Belarus. Provisions of other legal acts which establish the rules of procedure within the scope of the administrative proceedings, rights and obligations of its parties are to be included in the PECoAO.

Above-mentioned legal regulation points out a legal gap which leads to the controversial practice of law enforcement. In a number of cases courts dismiss complaints against rulings on administrative offences cases due to nonpayment of a state fee and do not satisfy applications for exemption from payment of the fee due to a difficult financial situation because the PECoAO makes no provision for a judge to take such a decision.

According to the Constitutional Court opinion impossibility of a citizen to pay a state fee due to his property status should not impede the exercise of his constitutional right to judicial protection, including in administrative proceedings.

Aiming to ensure the constitutional principle of the rule of law, implementation of everyone’s constitutional right to judicial protection and aiming to fill a legal gap on administrative proceedings, the Constitutional Court considered it necessary to make addenda to the PECoAO by establishing the procedure of exemption of individuals by a court (a judge) from payment of a state fee for filing a complaint to the court against rulings on administrative offences cases.

The Council of Ministers of the Republic of Belarus is proposed to prepare a draft law on the appropriate addenda to the PECoAO and to introduce it in the established order to the House of Representatives of the National Assembly of the Republic of Belarus.