of December 21, 1995 NZ-28/95
About compliance of the Constitution of the Law of the Republic of Belarus "About the President 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., Filipchik R. I.
with participation of representatives:
The president of the Republic of Belarus who made the offer on check of constitutionality of the Law "About the President of the Republic of Belarus": Maryskina A. V. - chief of state legal department of Administration of the President of the Republic of Belarus; Sukalo V. O. - the Minister of Justice;
The Supreme Council of the Republic of Belarus which adopted the law: Bulakhova D. P. - the Commission chairman of the Supreme Council of the Republic of Belarus by the legislation; Borisenko V. A. - chief of legal management of the Secretariat of the Supreme Council of the Republic of Belarus; Matusevich A.V.direktor of the Belarusian institute of the state construction and legislation, doctor of jurisprudence;
expert Chudakov M. F. - the associate professor of constitutional right of the Belarusian state university, Candidate of Law Sciences considered in open session case "About compliance of the Constitution of the Law of the Republic of Belarus "About the President of the Republic of Belarus".
Took part in judicial session: Tsarenko E. M. - vice-chairman of the Supreme Court of the Republic of Belarus; Kondratyev V.K.Pervy deputy attorney general of the Republic of Belarus.
The president of the Republic of Belarus addressed with the offer to draw the conclusion about compliance of the Constitution of part six of Article 11, of parts two and third article 30 of the Law "About the President of the Republic of Belarus".
The Law "About the President of the Republic of Belarus" was subject to check (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1995, N 17, the Art. 179).
Having listened to agents of the parties, the expert, having studied the Conclusion of the European commission for democracy through the right and other case papers, having analysed regulations of the Constitution and the laws, the Constitutional Court came to conclusion that separate provisions of the Law "About the President of the Republic of Belarus" do not correspond to the Constitution, proceeding from the following.
According to article 1 of the Constitution Republic Belarusyunitarnoye democratic social constitutional state. In article 3 of the checked law specifying that the Republic of Belarus the unitary state, no.
According to article 66 of the Constitution elections are free: the voter personally solves, whether to participate to him in elections and for whom to vote. However the specified principle the second article 5 of the Law is not included in part.
Are not based on articles 104 and 105 of the Constitution of provision of part four of article 11 of the Law on transition of powers of the President to the Chairman of the Supreme Council from the moment of pronouncement of the conclusion of the Constitutional Court about violation of the Constitution by the President or the conclusion of the special commission about making by the President of crime as such transition of powers to the Chairman of the Supreme Council before bringing of the oath by the newly elected President is allowed in case of impossibility of performance by the President of the obligations.
There does not correspond to also specified articles of the Constitution Article part four provision 11, according to which the Supreme Council shall make the decision on return of the President to execution of its obligations.
The part six of article 11 of the Law provides such basis of early termination of powers of the President as the mistrust to the President accepted by referendum. This provision of the law contradicts articles 103 and 104 of the Constitution which contain exhaustive list of the bases of early termination of powers of the President.
The Court came to the same conclusion also concerning part two of article 12 of the Law according to which the refusal of the President of medical survey is the basis for its early release from position for health reasons.
Follows from article 105 of the Constitution that the impossibility of accomplishment by the President of obligations shall have irreversible nature.
The same article of the Constitution provides the exhaustive list of cases of transition of obligations of the President to the Chairman of the Supreme Council.
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