The Constitutional Court of the Republic of Belarus comprising of the Presiding Officer - Chairman of the Constitutional Court of the Republic of Belarus G.A. Vasilevich, Deputy Chairman A.V. Maryskin, judges T.S. Boiko, S.Y. Danilyuk, K.I. Kenik, V.V. Podgrusha, A.G. Tikovenko, R.I. Filipchik, V.Z. Shuklin, has examined on the grounds of part one of Article 116 of the Constitution of the Republic of Belarus application of the religious organization on the right of appeal to the court of law against actions of the Authorized Person on religious matters and nationalities who made for the religious organization the written notice on violation of the legislation of the Republic of Belarus.

     The application specifies that the courts of law refuse to take the application on judicial appealing against the written notice made by the Authorized Person on religious matters and nationalities (hereinafter is also referred to as Authorized Person on religious matters) motivating the refusal by the absence in the legislation of the norms that shall regulate the procedure of appealing against the actions in question.

     Having analyzed the provisions of the Constitution, the Civil Code of Procedure (hereinafter is also referred to as CCP), the Administrative Procedural Code of Executions, laws and other normative legal acts of the Republic of Belarus related to the issues under examination, the Constitutional Court found the following.

     Under part one of Article 60 of the Constitution everyone shall be guaranteed protection of ones rights and liberties by a competent, independent and impartial court of law within time periods specified in law.

     Under Article part one of Article 23 of the Constitution restriction of personal rights and liberties shall be permitted only in the instances specified in law, in the interests of national security, public order, the protection of the morals and health of the population, as well as the rights and liberties of other persons.

     Point 3 of part one of Article 37 of CCP stipulates that the cases originating from administrative and legal relations and that are listed in Article 335 of CCP shall be within the jurisdiction of the courts of common law. On the basis of point 5 of Article 335 of CCP the court shall examine the cases as a result of complaints against actions (inactivity) of state bodies and other legal entities, as well as organizations that are not legal entities, and officials infringing the rights of citizens, and in instances specified by the acts of legislation, - the rights of legal entities. According to Article 358 of CCP legal entities that deem that as a result of unlawful actions (inactivity) of state bodies, legal entities, as well as organizations that are not legal entities, and officials their right were subject to infringement, shall have the right to appeal to the court in accordance with the procedure envisage by paragraph 6 of Chapter 29 of CCP, as well as in instances stipulated directly by the legislation of the Republic of Belarus.

     Legislation of the Republic of Belarus shall be the system of normative legal acts that regulate public relations (item five of Article 1 of the Law of the Republic of Belarus "On normative legal acts of the Republic of Belarus and the Constitution of the Republic of Belarus shall be also referred to them (Article 2 of the given Law). Article 137 of the Constitution enshrines it as the supreme legal force. Where there is the discrepancy between a law, decree or ordinance and the Constitution, the Constitution shall apply.

     Part one of Article 37 of the Law of the Republic of Belarus "On freedom of conscience and religious organizations" (hereinafter is also referred to as the Law on freedom of conscience) stipulates that in instance of violation by a religious organization of the legislation of the Republic of Belarus or carrying out of activities that are not in line with the statute of a religious organization, the registering body shall make a written notice that shall be forwarded to the leading organ of a religious organization within the time period of three days.

     The Authorized Person on religious matters shall exercise the state registration of religious associations according to item seventeen of point 6 of the Provision on the Authorized Person on religious matters and nationalities and his/her apparatus approved by Resolution of the Council of Ministers of the Republic of Belarus of 15 July 2006 No. 891 (hereinafter is also referred to as Provision).

     The Law on freedom of conscience and the Provision envisage no procedure of appealing against written notice of the Authorized Person on religious matters to the court of common law.

     At the same time actions of the Authorized Person on religious matters (making a written notice) entail certain legal consequences. Thus in accordance with part two of Article 37 of the Law on freedom of conscience, if the violations indicated in the written notice will not be eliminated therefrom within the time period of six months or they will be occurred repeatedly within a year, the registering body shall have the right to appeal to the court on liquidation of a religious organization. In addition, the registering body shall have the right to take decision on suspension of activities of a religious organization before the judicial ruling.

     The Law of the Republic of Belarus "On political parties" stipulates that the written notice made for the political party by the registering body may be subject to appeal to the Supreme Court of the Republic of Belarus within a month period of time after its receiving (part three of Article 30). Similar norm is specified in the Law of the Republic of Belarus "On public associations". Thus part four of Article 27 of the given Law stipulates that the written notice made for the international or republican public association, union within a month time period after its receiving may be subject to appeal to the Supreme Court of the Republic of Belarus. The written notice made for the local public association, union within a month time period may be subject to appeal to oblast, Minsk city court of law where the leading body of the public association, union in question is located.

     The Constitutional Court emphasizes that even though the Law of freedom of conscience shall not stipulate directly the right of judicial appealing against written notice made with respect to a religious organization in case of violation by the religious organization of the legislation of the Republic of Belarus, CCP contains Chapter 29 that envisages, in particular, the procedure of appealing against actions of officials that infringe upon the right of legal entities.

     The Constitutional Court in its Judgments of 24 June 1998 "On the conformity between the Constitution of the Republic of Belarus and Article 267 of the Administrative Code, point 2 of the Ruling of Plenum of the Supreme Court of the Republic of Belarus of 20 September 1990 No. 7 "On practice of examination by the courts of the Republic of Belarus of appeals against actions of bodies and officials as a result of imposition of administrative penalties", of 13 May 1999 "On the conformity between the Constitution of the Republic of Belarus, international legal acts of part six of Article 209 of the Criminal Code of Procedure of the Republic of Belarus", as well as in annual Messages on constitutional legality for several times paid attention to the direct effect of part one of Article 60 of the Constitution due to the requirements fixed in Article 137 of the Basic Law, and underlined that the right to judicial protection shall be referred to the universally acknowledged principles of international law, the priority of which, under Article 8 of the Constitution, the Republic of Belarus recognizes and ensures that its laws comply with such principles.

     The provision that is enshrined in part one of Article 60 of the Constitution shall be the significant guarantee for the protection of the rights and lawful interests of both citizens and legal entities (religious organizations included).

     On the grounds of above stated and guiding by part one of Article 116 of the Constitution, Articles 22 and 24 of the Code of the Republic of Belarus on judicial system and status of judges, Articles 7, 36, 38, 40, 40¹ of the Law "On the Constitutional Court of the Republic of Belarus" the Constitutional Court

RULED:

     1. To confirm the expressed in Judgments of 24 June 1998, of 13 May 1999 and in annual Messages of the Constitutional Court of the Republic of Belarus the legal position of the Constitutional Court of the Republic of Belarus on direct effect of the norm of Article 60 of the Constitution of the Republic of Belarus that guarantees the right to judicial protection.

     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.