The Constitutional Court of the Republic of Belarus comprising of the Presiding Officer - Chairman of the Constitutional Court G.A. Vasilevich, Deputy Chairman - A.V. Maryskin, judges T.S. Boiko, G.A. Vorobei, K.I. Kenik, V.V. Podgrusha, A.A. Sarkisova, A.G. Tikovenko, R.I. Filipchik, V.I. Shabailov, G.B. Shishko, V.Z. Shuklin having examined in court session the materials on the applications of the citizens concerning the payment of national duty established the following.

     Resolution of the Council of Ministers of the Republic of Belarus of 26 February 1993 No. 105 "On the rates of the national duty" (SP of the Republic of Belarus, 1993, No. 7, art. 94) with further alterations and addenda thereto establishes that from the statements of claim of property character filing to the court, there shall be paid national duty at the rate of 10 per cent of the amount of a claim (point 1.1).

     In connection with the amendment of the legislation on property, inflationary processes which take place in our Republic there are high value objects privately owned. By emerging civil law disputes connected with the property in question the citizens, while appealing to the judicial bodies, have to pay the national duty of a big amount.

     The citizens in their applications to the Constitutional Court point out that the rate of the national duty paid by filing an application to the court shall essentially restrict their right to judicial protection guaranteed by Article 60 of the Constitution, since because of the too high rates of national duty that protection for certain citizens is inaccessible.

     The Resolution in question establishes the national duty from the applications of property character filing to the economic courts by way of differential calculus depending on the sum of a claim - at the rate from 5 to 1 per cent of the amount of a claim (points 3.1.1, 3.1.2, 3.1.3).

     The Constitutional Court points out that natural persons may appeal with the statements of claim both to the courts of common law and to the economic courts; to the courts of common law - citizens, to the economic courts - owners of firms without making legal entity. In our opinion, the establishment of high rate of the national duty while filing the statement of claim by a natural person to the court of common law (10 per cent of the amount of a claim) in comparison with the rate of the national duty while filing the statements of claim of property character by a natural person to the economic court (5, 3 and 1 per cent of the amount of a claim) shall violate the principle of equality of the citizens before the law and the right without discrimination to equal protection of their rights and legitimate interests (Article 22 of the Constitution).

     The Constitutional Court emphasises that the rates of the national duty from the statements of claim of property character filing to the economic courts have been adjusted by the Government downwards (from 10 per cent of the amount of a claim till 5, 3 and 1 per cent of the amount of a claim).

     In this connection it is advisable to establish the rates of the national duty from the statements of claim filing to the courts of common law by analogy with the rates established for making statements of claim of property character to the economic courts. Such an approach is envisaged, in particular, in the Law of the Russian Federation "On national duty" which is effective in the wording of the Law of 31 December 1995.

     At the same time the Constitutional Court notices that the Resolution of the Council of Ministers shall have unbalanced approach towards the establishment of the rates of the national duty from the statements of non-property character. In the opinion of the Constitutional Court the ill-founded low rates of the national duty have been established from the statements of non-property character (1 minimum wage), from supervision complaints on criminal cases (15 per cent of minimum wage) etc.

     The specified Resolution envisages also different approaches to the establishment of the rates of the national duty for the documents delivered by different bodies. Thus for the repeated issue of a copy of court's decision, verdict, ruling or other rule there shall be paid the national duty at the rate of 50 per cent of minimum wage and, moreover, 20 per cent of minimum wage for each copy made (point 1.12), and for the repeated issue of a copy of the rulings of the bodies of the Procurator's office on the dismissal of a criminal case, on the refuse in bringing a criminal case - 2 per cent of minimum wage and, furthermore, 0,5 per cent of the given payment for each copy made (point 2.4).

     Based on the aforementioned and guided by Article 40 of the Constitution, Articles 7, 36 of the Law "On the Constitutional Court of the Republic of Belarus" the Constitutional Court

RULED:

To propose the Council of Ministers of the Republic of Belarus to consider the issue on the regulation of the rates of the national duty with a view to realize the guarantees of the citizens to the judicial protection as well as equivalent approach to the establishment of the rates of the national duty from the statements of property and non-property character with the compensation for expenses of maintenance of the institutions which collect the duty.

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                              G.A. Vasilevich