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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of September 15, 2004 No. P-176/2004

About legal regulation of the indemnification caused to life or health of citizens in connection with liquidation of the legal entities obliged to make payments and compensation of this harm

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., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Tikovenko A.G., Shuklin V. Z. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the address concerning non-execution of the judgment about indemnification caused to health of the citizen in connection with liquidation of the legal entity obliged to make payments in compensation of this harm.

According to Item 1 of Article 933 of group of companies the harm done to the personality or property of the citizen is subject to compensation in full by person which did harm. The harm done to life or health of the citizen in case of execution of contractual commitments is compensated by the rules provided by Chapter 58 of the Civil Code if the legislation or the agreement do not provide higher extent of responsibility (Article 953 of group of companies).

When causing to compensation are subject to the citizen of mutilation or other damage of health the earnings (income) lost by the victim which it had or definitely could have, and also in addition incurred expenses caused by damage of health (Item 1 of Article 954 of group of companies). Indemnification, caused by decrease in working capacity or the death of the victim, is made by monthly payments (Item 1 of Article 961 of group of companies). The amounts of compensation of additional expenses (Item 1 of Article 954 of group of companies) can be awarded for future time within the terms determined on the basis of the conclusion of medical examination and also in need of advance payment of cost of the corresponding services and property, including acquisition of the permit, payment of journey, payment of special vehicles (Item 2 of Article 961 of group of companies).

In case of liquidation of the legal entity recognized in accordance with the established procedure responsible for the harm done to life or health the corresponding payments shall be capitalized for payment to their victim for the rules established by the legislation (Item 2 of Article 962 of group of companies). Requirements of citizens before which the liquidated legal entity bears responsibility for damnification of life or to health by capitalization of the corresponding time payments are satisfied first of all (the subitem 1 of Item 1 of Article 60 of group of companies).

Payment of the amount of the capitalized time payments which amount is determined according to part one of article 145 of the Law stops the corresponding obligation of the debtor (part two of article 145 of the Law).

The right to claim against the debtor in the amount of the capitalized time payments in the presence of the consent of physical person passes to the Republic of Belarus. In this case obligations of the debtor to physical person on payment of time payments pass to the Republic of Belarus and are performed by the Republic of Belarus according to legal acts according to the procedure, established by Council of Ministers of the Republic of Belarus (part three of article 145 of the Law).

According to article 145 of the Law capitalization of time payments is performed by the debtor in all cases of damnification of life or to health: as in case of damnification in connection with execution of the labor obligations by physical person, and in case of damnification, not connected with execution of labor obligations.

In relation to indemnification, caused as a result of labor accidents and occupational diseases (i.e. connected with execution of labor obligations), the procedure for capitalization of the corresponding payments was established by the resolution of Council of Ministers of the Republic of Belarus of November 4, 1992 No. 664 earlier "About approval of Rules of accumulating of time payments of the liquidated companies in connection with causing mutilation, other damage of health or with the death of the worker in case of execution of labor obligations by it", and now - the Decree of the President of the Republic of Belarus of July 30, 2003 No. 18 "About compulsory insurance from labor accidents and occupational diseases", the resolution of Council of Ministers of the Republic of Belarus of October 10, 2003 No. 1301 "About approval of the Regulations on procedure for introduction to the Belarusian republican unitary insurance enterprise Belgosstrakh of the capitalized time payments in case of liquidation (bankruptcy with liquidation) or the termination of activities of insurers for compulsory insurance from labor accidents and occupational diseases".

Thus, acts of the legislation establish only procedure for the indemnification connected with labor accidents and occupational diseases, and implementation of compulsory insurance of such cases is assigned to the Belarusian republican unitary insurance enterprise Belgosstrakh. The procedure for indemnification of life and to health of physical person to which such harm is done not in connection with accomplishment of labor obligations by it upon transition of right to claim of physical person in the amount of the capitalized time payments from the debtor to the Republic of Belarus in the legislation is not determined.

prepare and bring in accordance with the established procedure in the House of Representatives of National assembly of the offer on reduction of legal acts of the Republic of Belarus in compliance with this Law;

introduce to the President of the Republic of Belarus drafts of the regulatory legal acts providing actuating of this Law;

bring acts of the Government into accord with this Law;

adopt the legal acts providing implementation of the Law;

take other measures necessary for implementation of the Law.

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