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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of July 23, 1999 No. Z-86/99

About compliance of the Constitution and to the laws of the Republic of Belarus Regulations on procedure and conditions of towing, storage and realization of the vehicles encumbering the intra domestic territories, preventing cleaning of streets and roads, the Minsk city executive committee approved by the Decision of December 28, 1995 No. 783, and Item 7.3 of the Decision of the Minsk city executive committee of December 9, 1998 No. 1330 "About procedure for the parking of vehicles, content of the carriageway of street road net and the intra domestic territories

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., Kenik K. I., Sarkisova E. A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., G.B. Cone, Shuklina V. Z.

with participation:

representatives of the House of Representatives of National assembly of the Republic of Belarus - Alexandrov V.M., Glindzich T. N.

representatives of the Minsk city executive committee of Dyukova I. I., Sidoreni A. N., Vanitsky I. A.

considered in proceeding in open court case "About compliance of the Constitution and to the laws of the Republic of Belarus of Regulations on procedure and conditions of towing, storage and realization of the vehicles encumbering the intra domestic territories, preventing cleaning of streets and roads, the Minsk city executive committee approved by the decision of December 28, 1995 N 783, and Item 7.3 of the decision of the Minsk city executive committee of December 9, 1998 N1330 "About Procedure for the Parking of Vehicles, Content of the Carriageway of Street Road Net and the Intra Domestic Territories".

Took part in judicial session: Smirnov E. A. - vice-chairman of Supreme Economic Court of the Republic of Belarus, Ivanovsky A. V. - the deputy attorney general of the Republic of Belarus, Golovanov V. G. is the deputy minister of justice of the Republic of Belarus.

Proceeedings are initiated by the Constitutional Court on June 7, 1999 according to the offer of the House of Representatives of National assembly of the Republic of Belarus based on article 116 of the Constitution, articles 5 and 6 of the Law "About the Constitutional Court of the Republic of Belarus" and Article 43 of Regulations of the Constitutional Court.

Check were subject Regulations on procedure and conditions of towing, storage and realization of the vehicles encumbering the intra domestic territories, preventing cleaning of streets and roads, N783 approved by the decision of the Minsk city executive committee of December 28, 1995 (further - the Provision), and Item 7.3 of the decision of the Minsk city executive committee of December 9, 1998 to N1330 "About Procedure for the Parking of Vehicles, Content of the Carriageway of Street Road Net and the Intra Domestic Territories".

In the offer the House of Representatives of National assembly of the Republic of Belarus raised question of check of constitutionality of the Provision and Item 7.3 of the decision of December 9, 1998 N 1330, of the vehicles providing forced towing, having specified that they contradict the Constitution and do not correspond to the Code of the Republic of Belarus about administrative offenses and to the Law "About Local Authority and Self-government in the Republic of Belarus".

Having heard the message of the judge-speaker Maryskin A. V., agents of the parties, having analyzed relevant provisions of the Constitution, the Code of the Republic of Belarus about administrative offenses (further - the Administrative Code), the Law "About Local Authority and Self-government in the Republic of Belarus", other regulations of the Republic of Belarus, having studied addresses of citizens to the Constitutional Court, and also decisions of local executive and administrative organs concerning forced towing of vehicles, other case papers, the Constitutional Court established the following.

Forced towing on penal platforms of GAI of the vehicles left by their owners is provided in Item 1 of the Provision, in particular: on storage on the carriageway of streets and roads if it interferes them with cleaning (subitem 1.1. 1); in the action area of the route signs prohibiting stop and the parking if it limits handling capacity of streets and roads, hinders movement of special cars (subitem 1.1. 2); within the green zone and plantings destroying grass cover and violating rules of improvement and content of the city (subitem 1.1. 3); at night in the yards of apartment houses and arrays, and also in other places which are not provided by established procedure of registration of vehicles, except for individual owners (subitem 1.1. 4); in the intra domestic territories in the action area of the route signs limiting movement of vehicles (subitem 1.1. 5). The specified Provision provides also other cases of forced towing of vehicles, and also procedure and the amount of payment connected with such towing.

According to Item 7.3 of the decision of the Minsk city executive committee of December 9, 1998 N1330 UGAI of the Municipal Department of Internal Affairs of Mingorispolkom, OGAI RU District Department of Internal Affairs is authorized in exceptional cases, in case of impossibility of journey of special transport, including in the intra domestic territories, compulsorily to tow off the vehicles interfering journey on penal platforms.

According to the Constitution of people, its rights, freedoms and guarantees of their realization are the supreme value and the purpose of society and state (Article 2). Providing the rights and freedoms of citizens is proclaimed the Constitution the prime target of the state (Article 21) which shall take all measures available to it for creation of the internal and international procedure necessary for complete implementation of the rights and freedoms of citizens of the Republic of Belarus (Article 59). Guaranteeing the rights and personal freedoms, the Constitution allows their restriction only in the cases provided by the law for the benefit of homeland security, public order, protection of morality, health of the population, the rights and freedoms of other persons (Article 23).

The article 113-1 Administrative Code establishes the administrative responsibility for non-obedience by transport drivers to traffic regulation signals, non-compliance with requirements of route signs, marking, abuse of regulations of transportation of people and other traffic regulations, and the article 119-1 Administrative Code - the administrative responsibility, in particular, for violation by drivers of rules of stop or the parking of vehicles.

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