2012 14/02
Лілія Мароз

Lilia Maroz

Standing Commission of the Council of the Republic of Belarus found no reason to test the administrative law for compliance with the Constitution and international law.
Homel opposition activists Uladzimir Katsora and Uladzimir Niapomniashchykh received such a response to their appeal from the House of territorial representation.

Homel citizens appealed to the Council with a specific request: In accordance with Article 116 of the Constitution to initiate in the Constitutional Court a suggestion to bring the Article 8.4 of Procedural-Executive Code of Administrative Offences to the accordance with Article 25 of the Constitution and Article 9 of the International Covenant on Civil and Political Rights.

In their statement the activists mentioned facts of discrepancy of Procedural-Executive Code of Administrative Offences to the norms of Constitution and international law. They turned our attention to the fact that when they were detained by militia on October 7 and 8 on charges of having committed an offense, they were immediately placed in a detention center. Two days later the court found them guilty of the offense and fined.

The opposition activists stressed that administrative detention is a right but not a duty of militia officers, thus, the norm of law “may be detained” in this case was used only by the subjective opinion of militia officers.

According to the applicants, the regulation of law “an individual committing an offense” has no legal interpretation of the legislators. It is important to note that Article 8.4 of the Procedural-Executive Code of Administrative Offences in the place where the term “person committing the offense” is given, is contrary to the presumption of innocence established by Article 2.7 of the Procedural-Executive Code of Administrative Offences.

“We believe that these conflicts of administrative law, in practice, resulted a violation of our right to liberty and security”, – stressed the opposition activist.

Meanwhile, Deputy Chairman of the Standing Commission of the Council of the Republic of Belarus on Legislation and State Construction Lilia Maroz in her reply came to the conclusion that the administrative law does not contradict the Basic Law.

“Standards of article 8.4 of the Procedural-Executive Code of Administrative Offences do not contradict Article 25 of the Constitution and Article 9 of the Covenant of Civil and Political Rights, and do not violate the constitutional rights of citizens”, – says Lilia Maroz.

Let’s remind you that the President’s Administration, where Homel opposition activists tried to address, did not considered the appeal in detail and gave an answer on the merits, but restricted itself to interpretation of the law “On the appeals of citizens and legal persons” and the procedure of appealing against court decisions.

Zmitser Litvinau
Quoting gomelspring.org,
Prepared by Ales LETA,
Belarusian Legal Portal,
by.prava-by.info

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