of February 22, 1995 No. 3-11/95
About constitutionality of the Resolution of the Cabinet of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of August 12, 1994 No. 15/1 "About denomination of Belarusian ruble"
Constitutional court of the Republic of Belarus as a part of the chairman - the vice-chairman of the Constitutional Court Tikhini V. G., Vasilevich G. A. judges., Kenik K. I., Pastukhova M. I., Podgrusha V. V., Seredy N. M., Tishkevich S. I., Filipchik R. I.
with participation of agents of the parties: groups of the deputies of the Supreme Council who made the offer on check of constitutionality of the act, Kozlov G. I., Novikova E. V., Kakovki V. F., Ovechkina A. P.; The Cabinet of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus which adopted the regulation - the Minister of Justice of the Republic of Belarus Sukalo V. O., the First Deputy Chairman of the board of National Bank Kuzmich of N. A., the assistant to the Chairman of the board of National Bank Dashkevich V. F.,
experts: A.N tour., head of the department of the economic theory and history of economic manoeuvers of the Belarusian state economic university, Doctor of Economics, professor, Vorobey G. A., directors of legal department of Academy of management under the Cabinet of Ministers of the Republic of Belarus, Candidate of Law Sciences, associate professor,
specialists: Lisy N. K., Deputy Minister of Finance of the Republic of Belarus, Syrokvashko I. V., main specialist consultant of Prosecutor's office of the Republic of Belarus;
N15/1 "About Denomination of Belarusian Ruble" considered in open session case "About constitutionality of the resolution of the Cabinet of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of August 12, 1994 (Zbor of the decree ў Prezidenta of i pastano ў Kabineta Ministra ў Respubliki Belarus", 1994, N 2, the Art. 55).
Took part in judicial session: vice-chairman of the Supreme Court of the Republic of Belarus Mironichenko I. A., First Deputy Chairman of Supreme Economic Court of the Republic of Belarus Kiselyov A. I.
Proceeedings are initiated by the Constitutional Court on December 8, 1994 according to the proposal of group of deputies of the Supreme Council of the Republic of Belarus based on part one of article 127 of the Constitution of the Republic of Belarus, part two of article 6 of the Law "About the Constitutional Court of the Republic of Belarus".
According to the resolution of the Cabinet of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of August 12, 1994 N 15/1 "About denomination of Belarusian ruble" denomination of Belarusian ruble by 10 times was made. With respect thereto it was offered to all legal entities and physical persons to provide as of August 20, 1994 recalculation towards reduction by 10 times of assets and liabilities, all price types and rates, and also receipts and the income, including the income of the population. Calculations for shipped goods and the rendered services on which payments were not made before denomination shall be performed after denomination at the new, reduced by 10 times prices. By the resolution it was also determined that since August 20, 1994 settlement tickets of National Bank are obligatory to acceptance in the territory of the Republic of Belarus by all legal entities and physical persons on all payment types, transfers, for transfer on deposits (deposits) and on settlement, current accounts at their nominal.
The companies and the organizations of trade, transport, communication, housing and communal services, consumer services of the population and other subjects of managing, irrespective of patterns of ownership, shall provide as of August 20, 1994 reduction of retail prices and rates for goods and the services rendered to the population in compliance with denomination conditions. The Ministry of Trade, Belkoopsoyuz, other ministries and departments having trade enterprises and service industries, Department of the prices under the Ministry of Economics was entrusted to provide control of carrying out denomination.
In the offer in the Constitutional Court on verification of the resolution of the Cabinet of Ministers and National Bank of August 12, 1994 of N15/1 regarding its constitutionality deputies of the Supreme Council specified that this resolution violates constitutional rights of citizens of the republic. According to deputies, "for recovery of the constitutional legality it is necessary to make the decision on conclusion from under denomination of deposits of the citizens stored in Sberbank till May 21, 1992". In judicial session the representative of group of deputies Kozlov G. I. gave arguments about need of removal from under denomination of deposits of the citizens stored in Savings bank as of July 26, 1993 that is for date of retirement of bank notes of the former USSR.
Having listened to agents of the parties, experts, specialists, witnesses, having studied case papers, having analyzed regulations of the Constitution, the laws "About National Bank of the Republic of Belarus", "About Banks and Banking Activity in the Republic of Belarus", other regulations, the Constitutional court came to conclusion that the resolution of August 12, 1994 N15/1 "About Denomination of Belarusian Ruble" is accepted the Cabinet of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus within their competence and its regulation Constitutions of the Republic of Belarus, proceeding from the following do not contradict.
Settlement tickets of National Bank of the Republic of Belarus are introduced into circulation in the territory of the republic since May 25, 1992 according to the resolution of National Bank of April 29, 1992 N1 "About Release Into the Stream of Commerce of Settlement Tickets of National Bank of the Republic of Belarus". Settlement tickets were considered as additional means of payment along with the main monetary unit - ruble. The resolution provided that settlement tickets will independently address without ruble and to intend for payment of the part of cash incomes of the population equivalent to amount of the goods and services realized according to the list established by Council of Ministers of the Republic of Belarus. One settlement ticket was equated to ten rubles. These and other provisions were also enshrined in the resolution of Council of Ministers of the Republic of Belarus of May 8, 1992 by N270 "The Questions Connected with Release Into the Stream of Commerce of Settlement Tickets of National Bank of the Republic of Belarus".
Since July 1, 1992 in calculations non-cash Belarusian rubles began to be applied. They meant the money on correspondent account of Belarus in the Central Bank of Russia obtained by subjects of managing of Belarus from sale by them of the goods and services to Russia and within which availability the Russian companies could make payments for the delivered goods and the rendered services.
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