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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 4, 2001 No. P-133/2001

About local hunting collection

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., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40 and part four of article 122 of the Constitution of the Republic of Belarus the address of members of the Brest department of the Belarusian society of hunters and fishers about check of legitimacy of collection of local hunting collection in addition to payment of the state fee for provision of the right to hunting.

Constitutional court, having analyzed relevant provisions of the Constitution, the laws of the Republic of Belarus "About the budget of the Republic of Belarus for 2001", "About the taxes and fees levied in the budget of the Republic of Belarus", "About local authority and self-government in the Republic of Belarus", "About protection and use of fauna", "About the state fee", other regulatory legal acts, established the following.

The procedure for legal regulation in the field of protection and use of fauna is established by the Law "About Protection and Use of Fauna" according to which article 37 objects of fauna are provided in use according to requirements of this Law and other legislation of the Republic of Belarus. Objects of fauna are provided in use for a fee based on special permissions (licenses) issued by specially authorized state body of the Republic of Belarus on natural resources and environmental protection, except as specified, provided by the Law "About Protection and Use of Fauna" and other acts of the legislation. In article 45 of this Law it is determined that with hunting weapon, other permitted hunting tools, and also with hunting dogs and hunting birds all capable citizens who reached 18-year age, passed special hunting examination, paid the state fee in the established size and having the state certificate on have the right to hunting for the territories of the Republic of Belarus hunting the right issued by specially authorized state body of the Republic of Belarus on forestry which is valid in all territory of the Republic of Belarus, and also permission of law-enforcement bodies to storage and carrying hunting weapon.

For provision of the right to hunting according to Item 8 of article 2 of the Law "About the State Fee" the state fee which rate according to the resolution of Council of Ministers of the Republic of Belarus of February 26, 1993 No. 105 (with changes and amendments) constitutes 20 percent of minimum wage is collected. Payment of the state fee is made according to Item 9 of the resolution of Council of Ministers of the Republic of Belarus of December 30, 1997 No. 1750 "About hunting and maintaining hunting economy in the territory of the Republic of Belarus" (in edition of October 6, 1999 No. 1552) once in the calendar year in the amount of established by the legislation on condition of direct realization by the citizen of this right. At the same time the specified duty shall be brought until receipt of the hunting permit or one-time permission to production of the separate animal species relating to subjects to hunting. The hunting permit and (or) one-time permission to production of separate types of the wild animals belonging to subjects to hunting according to Item 15 of the Regulations on hunting and maintaining the hunting economy in the territory of the Republic of Belarus approved by the resolution of Council of Ministers of December 30, 1997 No. 1750, are issued by lessees of hunting grounds for a fee which size is established by them based on recommendations about cost determination of the hunting permit and the one-time permission approved in accordance with the established procedure (Recommendations about cost determination of hunting permits and one-time permissions to production of separate types of the wild animals belonging to subjects to hunting are applied now the Republic of Belarus approved by orders of the Ministry of Natural Resources and Environmental Protection of March 17, 1998 No. 77, the Ministries of Finance of the Republic of Belarus of March 18, 1998 No. 84, the Ministries of Economics of the Republic of Belarus of March 24, 1998 No. 24).

From Items 17, 20-22 Procedures for issue of the state certificates on the hunting right in the Republic of Belarus, forestry of the Republic of Belarus approved by the Ministry on June 2, 1997, follow that the hunting certificate grants the right to hunting in the presence of the accounting card of abuses of regulations of hunting and payment of the state fee with mark about payment of the state fee for the current year. The accounting card of abuses of regulations of hunting and payment of the state fee is obligatory amendment to the hunting certificate.

According to article 9 of the Law "About Protection and Use of Fauna" establishment of borders of hunting and fishing grounds and the conclusion of agreements on their lease, approval of limits on use of fauna, the organization of collection of payments for use of fauna, establishment and collection of the local taxes and charges for separate types of use of fauna belong to competence of local councils of deputies, executive and administrative organs in protection and use of fauna.

The legal line item of the Constitutional Court about constitutionality of establishment according to the law of the local taxes and charges of deputies by local councils is earlier stated in the solution of the Constitutional Court of the Republic of Belarus of November 16, 2001. "About local collection for use of parking and the parking in specially equipped places".

The exhaustive list of the local taxes and charges entered regional, Minsk city by Councils of deputies, Councils of deputies of basic territorial level in the territory of the corresponding administrative and territorial units, containing in article 10 of the Law "About the Budget of the Republic of Belarus for 2001" includes as one of types of charges from the user fishing and hunting charges (subitem 1.1 of Item 1).

According to the Constitutional Court, collection according to the Law "About the State Fee" of the state fee for provision of the right to hunting does not influence legislatively affirmed right of local councils of deputies to enter local hunting collection in the territory of the corresponding administrative and territorial units.

The decision of the Brest regional council of deputies from December 21, 2000 No. 107 "About the budget of the area for 2001" enters local hunting collection, the Regulations on local hunting collection (in dalneyshempolozheniye) are approved in which payers of collection, rate of charge in the amount of one minimum wage, frequency of payment of collection (once a year), privileges for separate categories of citizens, procedure for collection of collection, responsibility are determined.

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