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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 28, 1995 No. Z-30/95

About compliance of the Constitution and to the laws of the Presidential decree of the Republic of Belarus of July 13, 1995 No. 271 "About compensation of officials of some state bodies"

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:

experts: Urzhinsky K. P. - head of the department of the labor and civil law of the Belarusian commercial university of management, doctor of jurisprudence, professor; Leonova G. M. - the manager of department of the legislation on social development of the Belarusian institute of the state construction and the legislation

N271 "About Compensation of Officials of Some State Bodies" considered in proceeding in open court case on compliance of the Constitution and the laws of the Presidential decree of the Republic of Belarus of July 13, 1995.

Took part in judicial session:

Mironichenko I. A. - vice-chairman of the Supreme Court of the Republic of Belarus;

Kamenkov V. S. is the vice-chairman of Supreme Economic Court of the Republic of Belarus;

Sashcheko I. F. - deputy attorney general of the Republic of Belarus;

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

N271 is determined by Item 1 of the Presidential decree of the Republic of Belarus of July 13, 1995 that official pay rates of the Chairman of the Supreme Council and its deputies, members of Presidium of the Supreme Council, chairmen of the commissions of the Supreme Council and their deputies, secretaries of the commissions of the Supreme Council, the chief of the Secretariat of the Supreme Council, chairmen of the commissions under the Supreme Council, the deputies of the Supreme Council performing the powers on professional basis, the Chairman of the Central commission on elections and holding republican referenda, the Chairman of the board of National Bank, the Chairman of Control chamber are determined by the President of the Republic of Belarus in multiple size of the tariff charge of the first category according to appendix 1. The same Item offers not to apply allowances to official pay rates for class ranks, military and special ranks, length of service to specified persons, having established allowances to their office salaries in the amount of 40 percent.

According to Item 2 of the Decree official pay rates of the Chairman of the Supreme Court, the Chairman of the Supreme Economic Court, the Attorney-General, Chairman, vice-chairman and judges of the Constitutional Court, the Minister of Defence, the Minister of Internal Affairs, the Chairman of Committee for State Security, the Chief of Head department of border troops are determined by the President of the Republic of Belarus in multiple size of the tariff charge of the first category according to appendix 2. Allowances to official pay rates of the called persons for class ranks, military and special ranks, length of service cannot exceed in total 40 percent of salary.

It is entrusted "to provide with the decree to the Cabinet of Ministers review of the sizes of salaries of other officials of the relevant state bodies".

The presidential decree of the Republic of Belarus of August 16, 1995 N301 to appendix 2 to the Decree of July 13, 1995 N271 makes change according to which the multiple size of the tariff charge of the first category for calculation of salaries of the Chairman of the Constitutional Court, the Chairman of the Supreme Court, the Chairman of the Supreme Economic Court, the Attorney-General is increased.

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