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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of October 11, 1995 No. Z-17/95

About compliance of the Constitution of the Republic of Belarus of article 7 of the Law "About the Supreme Council of the Republic of Belarus", Article 10, parts four of Article 63 of Temporary regulations of the Supreme Council of the Republic of Belarus

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Tikhini V. G., the vice-chairman of Court Fadeyev V. A., Vasilevich G. A. judges., Kenik K. I., Pastukhova M. I., Podgrusha V. V., Seredy N. M., Tishkevich S. I., Filipchik R. I.

with participation:

agents of the parties

The Supreme Court of the Republic of Belarus - the Chairman of justices Karavaya of V.S., Supreme Economic Court of the Republic of Belarus - the Chairman of justices Boyko V. V., the deputy. The Attorney-General of the Republic of Belarus Captain V.S., made the offer on check of constitutionality of the act;

The Supreme Council of the Republic of Belarus which adopted acts: Borisenko V. A. - chief of legal management Sekretariat of the Supreme Council of the Republic of Belarus; Matusevich A. V. - directors of the Belarusian institute of the state construction and legislation; Sidorovich I. M. - first deputy Nachalnik Sekretariat of the Supreme Council of the Republic of Belarus; Smolyara I. N. - the commission chairman of the Supreme Council of the Republic of Belarus on problems of the Chernobyl catastrophic crash;

the specialist - Levshunov of Page E., chief expert-coordinator of the scientific direction of the National center of strategic initiatives "East-West", Candidate of Law Sciences, associate professor

considered in open session case "About compliance of the Constitution of the Republic of Belarus of article 7 of the Law "About the Supreme Council of the Republic of Belarus", Article 10, to part four of Article 63 of Temporary regulations of the Supreme Council of the Republic of Belarus".

Took part in judicial session: Rusakevich V.V.zamestitel Premier-ministra of the Republic of Belarus; Bochkova G. V. deputy minister of justice of the Republic of Belarus.

In the address to the Constitutional Court Supreme Court, Supreme Economic Court and deputy. The Attorney-General of the Republic of Belarus was specified the discrepancies which are available, in their opinion, between Temporary regulations of the Supreme Council and article 7 of the Law "About the Supreme Council of the Republic of Belarus" in determination of competence of the Supreme Council depending on number of deputies. They suggested the Constitutional Court to draw the conclusion about Article compliance 10, of part four of Article 63 of Temporary regulations to article 7 of the Constitution and article 7 of the Law "About the Supreme Council of the Republic of Belarus".

Article 7 of the Law "About the Supreme Council of the Republic of Belarus", article 10 and part four of Article 63 of Temporary regulations of the Supreme Council of the Republic of Belarus were subject to check.

According to part one of article 7 of the Law "About the Supreme Council of the Republic of Belarus" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1995, N 8, the Art. 103) term of office of the Supreme Council - five years.

The part two of the specified Article determined that the Supreme Council is considered competent when electing at least two thirds of total number of deputies of the Supreme Council.

According to part three of this Article of power of the Supreme Council remain before opening of the first meeting of the Supreme Council of new convocation.

The part four of the specified Article determined that powers of the Supreme Council can be ahead of schedule stopped under the resolution of the Supreme Council accepted by the majority at least two thirds of the elected deputies.

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