Violation of the rules of jurisdiction entails the termination of proceedings in the case

In accordance with clause 2 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus No. 11 dated 24.12.2009 "On the application by courts of legislation regulating the protection of rights and legitimate interests of citizens when considering complaints against unlawful actions (inaction) of state bodies, other organizations and officials," citizens have the right to appeal to the court unlawful actions (inaction) of state bodies, other organizations and officials that infringe upon their rights, except for cases where the procedure for appealing such actions (inaction) is established by other norms of the Civil Procedure Code of the Republic of Belarus (hereinafter referred to as the CPC) or when a different non-judicial appeal procedure is established by the legislation of the Republic of Belarus for resolving individual complaints.

When deciding on the jurisdiction of complaints by the court, it is necessary to ascertain the nature of the legal relations that have arisen, which legislative acts regulate them, and whether the appeal procedure has been observed.

The district court considered a civil case on the complaint of A. From the case materials, it followed that A. appealed the actions of a psychiatrist-narcologist and the results of a medical examination conducted within the framework of an administrative process. The court's decision denied A.'s complaint.

In accordance with clause 5 of the Regulation on the procedure for examining individuals for the detection of alcohol intoxication and/or conditions caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, the official, doctor, or other specialist conducting the examination shall be guided by this Regulation, the legislation defining the procedure for conducting an administrative process, and/or the criminal procedure legislation.

According to Article 7.1 of the Code of Procedural Enforcement of Administrative Offenses of the Republic of Belarus, the actions and decisions of the official conducting the administrative process may be appealed in the manner established by this Code by the participants in the administrative process.

The court of first instance

the court of appeal, in violation of the rules of jurisdiction, considered the complaint of A. under the civil procedure code. In this regard, the decision of the district court was overturned by the appellate court upon the prosecutor's appeal, and the proceedings in the case were terminated.

Acting Head of the Department for Supervision of Compliance with the Law of Judicial Decisions in Civil Cases of the Regional Prosecutor's Office
A.G. Sashcheko.