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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 15, 1995

About compliance of the Constitution of article 2 of the Law "About Ratio of the Acts of the Supreme Council of the Republic of Belarus Having Legal Consequences"

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., Filipchik R. I.

with participation of representatives:

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: Rusakovich V. L. - acting vice-chairman of the Supreme Court of the Republic of Belarus; Kisileva A. I. - First Deputy Chairman of Supreme Economic Court of the Republic of Belarus; Yurevich V. B. - the deputy attorney general of the Republic of Belarus;

The Supreme Council of the Republic of Belarus which adopted the regulation: Bulakhova D. P. - the Commission chairman of the Supreme Council of the Republic of Belarus by the legislation; Yurkevich G. I. - Head of Department of legal management of the Secretariat of the Supreme Council of the Republic of Belarus;

the expert Sidorchuk I. P. - the chief specialist of state legal department of Administration of the President of the Republic of Belarus, Candidate of Law Sciences;

considered in proceeding in open court case "About compliance of the Constitution of article 2 of the Law "About Ratio of the Acts of the Supreme Council of the Republic of Belarus Having Legal Consequences".

Took part in judicial session:

Sukalo V. O - Minister of Justice of the Republic of Belarus.

Article 2 of the Law "About Ratio of the Acts of the Supreme Council of the Republic of Belarus Having Legal Consequences" was subject to check (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1995, N 13, the Art. 127). According to the specified article of the Law of the resolution of the Supreme Council of the Republic of Belarus accepted within its competence have legal force, identical with the laws of the Republic of Belarus, and are obligatory for execution by all state bodies, officials, the companies, organizations, organizations, political parties and other public associations, citizens of the Republic of Belarus, the foreign citizens and stateless persons which are in the territory of the Republic of Belarus.

Supreme Court, Supreme Economic Court, deputy. The Attorney-General of the Republic of Belarus addressed with the offer to draw the conclusion about compliance of article 2 of the Law "About Ratio of the Acts of the Supreme Council of the Republic of Belarus Having Legal Consequences" of part two of article 146 of the Constitution.

Having listened to agents of the parties, the expert, having studied case papers, having analysed regulations of the Constitution and the laws, the Constitutional Court came to conclusion that article 2 of the Law "About Ratio of the Acts of the Supreme Council of the Republic of Belarus Having Legal Consequences" regarding giving to resolutions of the Supreme Council of the Republic of Belarus of the Republic of Belarus of legal force, identical with the laws, does not correspond to the Constitution, proceeding from the following.

According to Item 3 of article 83 of the Constitution the Supreme Council adopts the laws and resolutions, exercises control of their execution.

According to part four of article 12 of the Law "About the Supreme Council of the Republic of Belarus" the Supreme Council accepts resolutions for the purpose of implementation of administrative and control powers.

By article 146 of the Constitution it is determined that the Constitution has the highest legal force. The laws and other acts of state bodies are issued on basis and according to the Constitution. In case of law discrepancy with the Constitution the Constitution is effective, and in case of discrepancy of other regulation with the law the law is effective.

Having determined the place of the laws and other regulations in system of legal acts, the Constitution thereby established their legal force.

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