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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 6, 1995

About compliance of the Constitution of the Republic of Belarus Resolutions of the Supreme Council of the Republic of Belarus of April 13, 1995. "About interpretation of Item 4 parts one of the Law of the Republic of Belarus "About modification and amendments in the Law of the Republic of Belarus "About bases of service in the state apparatus" and the Resolution of the Supreme Council of the Republic of Belarus "About procedure for enforcement of the Law "About Bases of Service in the State Apparatus"

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., Tishkevicha S. I., Filipchik R. I.

with participation of agents of the parties:

Supreme Court of the Republic of Belarus, Supreme Economic Court of the Republic of Belarus, deputy. The Attorney-General of the Republic of Belarus, made the offer on check of constitutionality of the act: Kondratyeva V. S. - the First Deputy Chairman of the Supreme Court of the Republic of Belarus; Kamenkova V. S. - the vice-chairman of Supreme Economic Court of the Republic of Belarus; Sashcheko I. F. - deputy attorney general of the Republic of Belarus;

The Supreme Council of the Republic of Belarus which adopted the act: Glindich T. N. - the chief specialist of Legal management of the Secretariat of the Supreme Council of the Republic of Belarus, Zablotsky V. N. - the vice-chairman of the Commission of the Supreme Council of the Republic of Belarus on science and scientific and technical progress;

experts: Golovko A. A. - professors of department of constitutional right of law department of the Belarusian state university, doctor of jurisprudence; Chernorutskoy N. M. - the research associate of Institute of philosophy and the right of Academy of Sciences of Belarus;

considered in open session case "About compliance of the Constitution of the Republic of Belarus of the Resolution of the Supreme Council of the Republic of Belarus of April 13, 1995 "About interpretation of Item 4 parts one of the Law of the Republic of Belarus "About modification and amendments in the Law of the Republic of Belarus "About bases of service in the state apparatus" and the Resolution of the Supreme Council of the Republic of Belarus "About procedure for enforcement of the Law of the Republic of Belarus "About bases of service in the state apparatus".

Bochkova G. V. - the deputy minister of justice of the Republic of Belarus took part in judicial session.

Supreme Court, Supreme Economic Court and deputy. In the offer 4 parts one of the Law "About modification and amendments in the Law of the Republic of Belarus "About bases of service in the state apparatus" and the Resolution of the Supreme Council of the Republic of Belarus "About procedure for enforcement of the Law of the Republic of Belarus "About bases of service in the state apparatus" asked to recognize the Attorney-General of the Republic of Belarus not corresponding to the Constitution and the laws Resolution of the Supreme Council of the Republic of Belarus of April 13, 1995 on interpretation of Item. In their opinion, the Resolution on interpretation contradicts article 22 of the Law "About Bases of Service in the State Apparatus" according to which in case of retirement the employee of state machinery is granted pension in the amount of 60 percent of its average salary at the time of retirement whereas in the Resolution on interpretation it is specified that the salary is charged for the last month before retirement (on pension). Such interpretation, according to initiators, changes edition of article 22 of the specified Law and contradicts part two of article 12 of the Law "About the Supreme Council of the Republic of Belarus".

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