Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of October 11, 1995 No. Z-17/95

About compliance of the Constitution of the Republic of Belarus of article 7 of the Law "About the Supreme Council of the Republic of Belarus", Article 10, parts four of Article 63 of Temporary regulations of the Supreme Council of the Republic of Belarus

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Tikhini V. G., the vice-chairman of Court Fadeyev V. A., Vasilevich G. A. judges., Kenik K. I., Pastukhova M. I., Podgrusha V. V., Seredy N. M., Tishkevich S. I., Filipchik R. I.

with participation:

agents of the parties

The Supreme Court of the Republic of Belarus - the Chairman of justices Karavaya of V.S., Supreme Economic Court of the Republic of Belarus - the Chairman of justices Boyko V. V., the deputy. The Attorney-General of the Republic of Belarus Captain V.S., made the offer on check of constitutionality of the act;

The Supreme Council of the Republic of Belarus which adopted acts: Borisenko V. A. - chief of legal management Sekretariat of the Supreme Council of the Republic of Belarus; Matusevich A. V. - directors of the Belarusian institute of the state construction and legislation; Sidorovich I. M. - first deputy Nachalnik Sekretariat of the Supreme Council of the Republic of Belarus; Smolyara I. N. - the commission chairman of the Supreme Council of the Republic of Belarus on problems of the Chernobyl catastrophic crash;

the specialist - Levshunov of Page E., chief expert-coordinator of the scientific direction of the National center of strategic initiatives "East-West", Candidate of Law Sciences, associate professor

considered in open session case "About compliance of the Constitution of the Republic of Belarus of article 7 of the Law "About the Supreme Council of the Republic of Belarus", Article 10, to part four of Article 63 of Temporary regulations of the Supreme Council of the Republic of Belarus".

Took part in judicial session: Rusakevich V.V.zamestitel Premier-ministra of the Republic of Belarus; Bochkova G. V. deputy minister of justice of the Republic of Belarus.

Proceeedings are initiated on October 2, 1995 according to the offer of the Supreme Court of the Republic of Belarus, Supreme Economic Court of the Republic of Belarus, the deputy. The Attorney-General of the Republic of Belarus, and also at the discretion of the Constitutional Court based on articles 125 and 127 of the Constitution, articles 5 and 6 of the Law "About the Constitutional Court of the Republic of Belarus".

In the address to the Constitutional Court Supreme Court, Supreme Economic Court and deputy. The Attorney-General of the Republic of Belarus was specified the discrepancies which are available, in their opinion, between Temporary regulations of the Supreme Council and article 7 of the Law "About the Supreme Council of the Republic of Belarus" in determination of competence of the Supreme Council depending on number of deputies. They suggested the Constitutional Court to draw the conclusion about Article compliance 10, of part four of Article 63 of Temporary regulations to article 7 of the Constitution and article 7 of the Law "About the Supreme Council of the Republic of Belarus".

Article 7 of the Law "About the Supreme Council of the Republic of Belarus", article 10 and part four of Article 63 of Temporary regulations of the Supreme Council of the Republic of Belarus were subject to check.

According to part one of article 7 of the Law "About the Supreme Council of the Republic of Belarus" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1995, N 8, the Art. 103) term of office of the Supreme Council - five years.

The part two of the specified Article determined that the Supreme Council is considered competent when electing at least two thirds of total number of deputies of the Supreme Council.

According to part three of this Article of power of the Supreme Council remain before opening of the first meeting of the Supreme Council of new convocation.

The part four of the specified Article determined that powers of the Supreme Council can be ahead of schedule stopped under the resolution of the Supreme Council accepted by the majority at least two thirds of the elected deputies.

Article 10 of Temporary regulations of the Supreme Council of the Republic of Belarus (SZ BSSR, 1990, N 17, of the Art. 255) is provided that meetings of the Supreme Council are competent if at them there are at least two thirds of total number of deputies of the Republic of Belarus.

According to part four of Article 63 of Temporary regulations the candidate is considered electee on post of the Chairman of the Supreme Council of the Republic of Belarus if as a result of secret vote it received more than a half of votes from total number of deputies of the Republic of Belarus, that is from number of the elected deputies.

Having listened to agents of the parties, the specialist, having studied case papers, having analyzed provisions of the Constitution, the laws and other regulations, the Constitutional Court came to the following conclusions.

Article 81 of the Constitution fixed term of powers of the Supreme Council of the Republic of Belarus - five years. Powers of the Supreme Council can be ahead of schedule stopped under the resolution of the Supreme Council accepted by the majority at least two thirds of the elected deputies.

According to article 91 of the Constitution of power of the Supreme Council remain before opening of the first meeting of the Supreme Council of new convocation.

Parts one, the third and fourth article 7 of the Law "About the Supreme Council of the Republic of Belarus" reproduce the specified constitutional regulations.

According to article 80 of the Constitution the Supreme Council consists of 260 deputies elected by citizens of the Republic of Belarus. At the same time the quorum for adoption of decisions by the Supreme Council is determined by the Constitution not from total number of deputies of the Supreme Council, and from number of the elected deputies. So, according to article 84 of the Constitution the laws and resolutions of the Supreme Council are considered accepted provided that most of the elected deputies voted for them if other is not provided by the Constitution. The majority in two thirds of the elite is necessary according to Article part three 81, part one of Article 104 and article 149 of the Constitution for decision making about early termination of powers of the Supreme Council, removal of the President from position, etc.

Thus, the Constitution allows activities of the Supreme Council when electing smaller number of deputies, than these are stipulated in Article 80 Constitutions.

The minimum number of the elected deputies in case of which the Supreme Council is considered competent is not established by the Constitution.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.