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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of January 5, 2005 No. P-182/2005

About legal regulation of procedure and terms of return of shares to persons which were disposed from the organizations of citizens builders

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., judges Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus addresses of citizens concerning constitutionality acting procedure and terms of return of means in case of the termination of participation in construction of premises.

In addresses, in particular, it is noted that questions of return of money to persons who were disposed from the organizations of citizens builders for various reasons including because of considerable rise in price of construction cost in comparison with originally stipulated, properly are not settled and their decision depends on acceptance of new citizens builders instead of disposed. Normative established deadlines of return of money are absent.

The problem of return of shares to the citizens who were disposed from the organizations of citizens builders was already considered by the Constitutional Court in 2001. On June 12, 2001 the decision in which the Constitutional Court noted that the indexations of the shares returned to the citizens in case of their exit from housing cooperatives approved by the resolution of the Cabinet of Ministers of the Republic of Belarus of June 6, 1996 No. 375, terms of return of the specified fees provided by Provisional regulations for procedure do not consider feature of forming and expenditure of financial resources of housing cooperatives that violates the rights and legitimate interests of members of cooperatives was made, worsens functioning of housing cooperatives as legal entities, completion of construction of apartment houses and their input in operation detains.

In this decision the Constitutional Court suggested Council of Ministers of the Republic of Belarus to determine such procedure for return of shares which would provide legal protection not only the disposed, but also remaining members of housing cooperatives, other organizations of citizens builders; provide possible mechanisms of rendering assistance to housing cooperatives, other organizations of citizens builders in the solution of the questions concerning return of shares to the citizens who were disposed from members of cooperative (other organizations of citizens builders) taking into account respectfulness of the reasons of disposal deserving attention of other circumstances; if necessary to prepare and make relevant proposals to the legislator.

The resolution of Council of Ministers of the Republic of Belarus of December 1, 2001 No. 1735 "About procedure and terms of return (introduction) of the means which arrived from various sources in case of the termination (renewal) of participation in construction (reconstruction) of premises" the resolution of the Cabinet of Ministers of the Republic of Belarus of June 6, 1996 "About approval of Provisional regulations for procedure for indexation of the shares returned to citizens in case of their exit from housing cooperatives" was declared No. 375 invalid since January 1, 2002. At the same time the Ministry of Architecture with participation of regional executive committees, the Minsk Gorispolkom, open joint stock company "Was entrusted to develop Belarusbank savings bank also in coordination with the Ministry of Economics, by the Ministry of Finance to approve regulations on procedure and terms of return (introduction) of the means which arrived from various sources in case of the termination (renewal) of participation in construction (reconstruction) of premises with the term of its introduction in action since January 1, 2002.

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