CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 27, 1997 No. Z-60/97

About interpretation of the conclusion of the Constitutional Court of the Republic of Belarus of May 28, 1996 "About compliance of the constitution of article 88 of the Law of the Republic of Belarus "About provision of pensions" and article 56 of the Law of the Republic of Belarus "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies"

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman of Court 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., Shabaylova V. I., Cone G. B.

with participation of representatives:

Houses of Representatives of National assembly of the Republic of Belarus: Kotenko N. F. - the chief specialist of department of ensuring activities of the Commission on homeland security of the House of Representatives of National assembly of the Republic of Belarus, Lapkovsky O.M.zamestitel of the commission chairman on work, social problems, health protection, physical culture and sport of the House of Representatives of National assembly of the Republic of Belarus, Pobyarzhina Z.I.zamestitelya of the commission chairman on work, social problems, health protection, physical culture and sport of the House of Representatives of National assembly of the Republic of Belarus, Shpakova S. G. - the vice-chairman of the Commission on homeland security of the House of Representatives of National assembly of the Republic of Belarus;

Council of the Republic of National assembly of the Republic of Belarus of Brown V.V. - the head of department of civil, social and economic laws of expert legal department of the Secretariat of Council of the Republic of National assembly of the Republic of Belarus;

specialists: Bozhko N. V. - the chief of normative and legal service legal support divisions and international cooperation of the Office of the Minister of Internal Affairs of the Republic of Belarus, Marchenko L.I.zamestitel head of department of pensions and benefits of the Ministry of social protection of the Republic of Belarus, Chislov E. G. - senior officer of department of the military legislation of legal management of the Ministry of Defence of the Republic of Belarus

considered in open session case "About interpretation of the Conclusion of the Constitutional Court of the Republic of Belarus of May 28, 1996 "About compliance of the Constitution of article 88 of the Law of the Republic of Belarus "About provision of pensions" and article 56 of the Law of the Republic of Belarus "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies".

Took part in judicial session:

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

Zhdanovich I. N. - vice-chairman of Supreme Economic Court of the Republic of Belarus;

Ivanovsky A. V. - deputy attorney general of the Republic of Belarus.

The conclusion of the Constitutional Court of May 28, 1996 acknowledged not corresponding Constitutions article 88 of the Law of the Republic of Belarus "About provision of pensions" and article 56 of the Law of the Republic of Belarus "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies" regarding suspension of payment of work pension for the period of deprivation of the pensioner of freedom.

It was offered to Supreme Council and executive bodies to bring the laws and other regulations into accord with this Conclusion.

Due to the ambiguous understanding of the Conclusion of Court of May 28, 1996, the Constitutional Court initiated on October 13, 1997 proceeedings "About interpretation of the Conclusion of the Constitutional Court of the Republic of Belarus of May 28, 1996 "About compliance of the Constitution of article 88 of the Law of the Republic of Belarus "About provision of pensions" and article 56 of the Law of the Republic of Belarus "About provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies".

Having heard representatives of chambers of Parliament of the Republic of Belarus, specialists, having researched case papers, the Constitutional Court notes the following.

In the Conclusion of the Constitutional Court of May 28, 1996, in particular, it is specified that according to article 47 of the Constitution to the citizen of the Republic of Belarus the right to social insurance in old age, in case of disease is guaranteed, to disability, disabilities, losses of the supporter and in other cases provided by the law. Article 22 of the Constitution determines that all are equal before the law and have the right without any discrimination to equal protection of the rights and legitimate interests.

The court also noted that according to Article 22 of the Universal Declaration of Human Rights each person as the member of society, has right to social insurance and to implementation necessary for maintenance of its advantage and for free development of his identity of the rights in economic, social and cultural areas through national efforts and international cooperation and according to structure and resources of each state. According to article 9 of the International Covenant on Economic, Social and Cultural Rights ratified by the Republic of Belarus, the states participating in this Pact recognize the right of each person to social security, including social insurance.

In this regard the Court notes that the most important element of social security is the right of citizens to receipt of pensions established by the legislation which is depending on their labor and other socially useful activity, its content, duration and other factors influencing conditions and regulations of provision of pensions.

Article 4 of the Law of the Republic of Belarus "About provision of pensions" provides labor (on age, on disability, on the occasion of loss of the supporter, for long service, for special merits before the republic) also social pensions.

Types of provision of pensions of the military personnel, faces of the commanding and ordinary structure of law-enforcement bodies are determined by article 1 of the Law "About Provision of Pensions of the Military Personnel, Faces of the Commanding and Ordinary Structure of Law-enforcement Bodies".

The right to different types of pensions means also different nature of obligations of the state before those who apply for their obtaining.

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