The Constitutional Court of the Republic of Belarus comprising of the Presiding Officer - Chairman of the Constitutional Court of the Republic of Belarus P.P.Miklashevich, Deputy Chairman A.V. Maryskin, judges T.S. Boiko, S.Y. Danilyuk, V.P.Isotko, V.V. Podgrusha, L.M.Ryabtsev, O.G.Sergeeva, A.G. Tikovenko, S.P.Chigrinov, V.Z. Shuklin, has examined the application concerning rejection of complaints against rulings on cases on administrative offences without consideration because of miss of the procedural terms established by part three of Article 12.11 of the Administrative Procedural Code of Executions of the Republic of Belarus (hereinafter – APCE).  

As it seen from materials that in filing a complaint from a ruling a case on an administrative offence when the last day of a procedural term comes on a non-working day, and a complaint was sent by mail in the next working day following it, courts recognized a procedural term missed and the complaint was returned without consideration.  

Having analysed the provisions of the Constitution of the Republic of Belarus, the concerned norms of APCE and other normative legal acts of the Republic of Belarus, the Constitutional Court found the following. 

According to part one of Article 60 of the Constitution everyone shall be guaranteed protection of one's rights and liberties by a competent, independent and impartial court of law within time periods specified in law. Safeguarding of judicial protection is connected with taking the lawful and judicial sufficient decision, possibility of its examination and revision including by appealing in accordance with existing procedure. 

According to part three of Article 115 of the Constitution the parties and the persons taking part in process have the right to appeal rulings, sentences and other judicial decisions. Therefore, realisation of the constitutional right of citizens on appealing judicial decisions, including to the extent of calculation of procedural terms should be secured in full measure by acts establishing rules and procedures of such appealing.  

According to part one of Article 12.11 of APCE a ruling on a case on an administrative offence which has come into legal force can be subject to revision under the complaint of the persons specified in part one of Article 12.1 of the given Code if it was appealed before its coming into legal force, or under a protest of a procurator. 

A complaint (protest) against a ruling on an administrative offence which has come into legal force can be filed within six months from a day after a ruling on a case on an administrative offence in coming into legal force (part three of Articles 12.11 of APCE). A complaint (protest) submitted after the established term is not subject to consideration (part four of Article 12.11 of APCE). 

In APCE there are also other norms regulating the relations connected with application of procedural terms. For example, the provisions of Article 7.3 - on the terms of submitting complaints and the procedure of their consideration, of Article 7.4 – on the term of consideration of a complaint, of Article 8.4 – on the terms of an administrative detention of a person, of Article 10.1 – on the terms of preparation of a case on an administrative offence for consideration, of Article 11.2 – on the terms of consideration of a case on an administrative offence, of Article 12.4 – on the terms of appealing and protesting from a ruling on a case on an administrative offence, of Article 12.7 – on the term of consideration of a complaint (protest) on a ruling on a case on an administrative offence, of Article 12.13 – on the term of consideration of a complaint (protest) on a ruling on a case on an administrative offence which has come into legal force.  

At the same time ACPE does not contain the special norms on the procedure of calculation of the procedural terms specifying the period of time (the commencement, the running and the ending of procedural terms) during which procedural actions should be performed including in the instaces if the last day of a procedural term comes on a non-working day or if a procedural action is performed to 24 o'clock of the last day of the established term. 

Unlike ACPE calculation of procedural terms is established in the special chapters of the Civil Code of Procedure of the Republic of Belarus (hereinafter – CvCP), the Criminal Code of Procedure of the Republic of Belarus (hereinafter – CrCP) and the Economic Code of Procedure of the Republic of Belarus (hereinafter – ECP) in which in particularly norms are enshrined: on the procedures of calculation, ending, suspension, prolongation or reduction, recovery, on consequences of miss, appealing (protest) on decision of prolongation, reduction and  recovery of a procedural term (Articles 150-156 of Chapter 17 «Procedural terms» of CvCP); on calculation, abidance, prolongation and recovery of terms (Articles 158-161 of Chapter 18 «Procedural terms, procedural costs» of CrCP); on establishment and calculation, commencement and ending, consequences of miss, on suspension, recovery and prolongation of procedural terms (Article 134-139 of Chapter 12 «Procedural terms» of ECP). 

For example, part three of Article 150 of CvCP («Calculation of procedural terms») enshrined that the running of procedural terms shall commence on the following day after the calendar date or ensuing of the event by which its commencement is determined. If a procedural term is established by a court, its calculation shall commence on the following day after the delivery of the ruling about it. Part four of Articles 158 of CrCP («Calculation of terms») specified that if the ending of a term comes on a non-working day than the last day of a term shall be considered the next working day following it, except cases of calculation of a term in detention, holding in a custody, a house arrest and finding in a psychiatric (psychoneurological) organisation. Part seven of Article 135 of ECP («The Commencement and the ending of procedural terms») established that if the last day of a procedural term comes on a non-working day, the day of the ending of a term shall be considered the next working day following it. 

Thus, norms on a procedure of calculation of procedural terms determining a time period (commencement, running and ending of procedural terms) during which procedural actions should be performed, enshrined legislatively in CvCP, CrCP and ECP. 

As ACPE is the unique effective law in the territory of the Republic of Belarus establishing the procedure of administrative process (part two of Article 1.1 of the specified Code), because of absence in it of the norms in details regulating special issues of calculation of procedural terms does not secure the uniform understanding and application of the concerned normative provisions, it entails restriction of the constitutional rights of citizens on judicial protection and the appealing of rulings. 

On the basis of the abovementioned and guiding by Article 40, part one of Article 116 of the Constitution, Articles 22, 24 of the Code of the Republic of Belarus on judicial system and status of judges, the Constitutional Court  

RULED: 

1. To propose to the Council of Ministers of the Republic of Belarus to consider the issue on preparation of alterations and addenda in the ACPE that are aimed on elimination of omission of the legislative regulation in relation to calculation of procedural terms. 

2. The present Decision shall come into legal force from the date of its adoption.  

3. To publish the present Decision in accordance with the legislation.