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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of October 30, 1995 No. P-20/95

About interpretation of the Conclusion of the Constitutional Court of the Republic of Belarus of October 11, 1995 "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. considered applications of the Chairman of the Central commission of the Republic of Belarus at elections and holding republican referenda Abramovich A. M. in court session. and Chief of Presidential Administration of the Republic of Belarus Myasnikovich M. V.

The statement of the Chairman of the Central commission of the Republic of Belarus at elections and holding republican referenda A. M. Abramovich contains request to make explanation whether there corresponded convocation within 30 days after May to 1995 of elections of the first meeting of 119 elected deputies of the Supreme Council of the Republic of Belarus as the first meeting of the Supreme Council of the thirteenth convocation to requirements of article 82 of the Constitution of the Republic of Belarus and article 7 of the Law "About the Supreme Council of the Republic of Belarus", considering the Conclusion accepted by the Constitutional Court of October 11, 1995.

The Chief of Presidential Administration of the Republic of Belarus M. V. Myasnikovich asks to explain that the Constitutional Court understands as the term "total number of deputies": the number of deputies provided by the Constitution of 1978; the number of the deputies elected to the moment of holding the first session of the Supreme Council of the twelfth convocation; the number of the deputies of the Supreme Council of the twelfth convocation who remained today?

Based on article 41 of the Law "About the Constitutional Court of the Republic of Belarus" and Article 78 of Regulations the Constitutional Court explains the following.

1. According to article 82 of the Constitution of the Republic of Belarus of 1994 the first meeting of the Supreme Council is convened by the Central commission of the Republic of Belarus on elections and holding republican referenda not later than in 30 days after elections.

The Supreme Council according to article 80 of the Constitution consists of 260 deputies elected by citizens of the Republic of Belarus.

The part two of article 7 of the Law "About the Supreme Council of the Republic of Belarus" provides that the Supreme Council is considered competent when electing at least two thirds of total number of deputies of the Supreme Council.

In the Conclusion of October 11, 1995. The constitutional court came to conclusion that the solution of question of the number of deputies necessary for recognition of competence of the newly elected Supreme Council is included into competence of the Supreme Council. The court recognized part the second article 7 of the Law "About the Supreme Council of the Republic of Belarus" of not contradicting Constitution.

Taking into account stated the Court considers that convocation by the Central commission of the Republic of Belarus at elections and holding republican referenda of the first meeting of 119 electees after May 1995 of elections of deputies of the Supreme Council of the Republic of Belarus as the first meeting of the Supreme Council of the thirteenth convocation would not correspond to the Constitution and the Law "About the Supreme Council of the Republic of Belarus".

2. According to article 98 of the Constitution of the Republic of Belarus of 1978 the Supreme Council consists of 360 deputies. According to articles 97 and 172 of the specified Constitution adoption of the laws and resolutions of the Supreme Council and changes of the Constitution required simple majority or the majority at least two thirds of total number of People's Deputies of the Republic of Belarus. The constitution of the Republic of Belarus of 1978 did not open content of the concept "total number of People's Deputies of the Republic of Belarus".

The procedure for activities of the Supreme Council and its bodies based on article 114 of the Constitution of 1978 is determined by Regulations of the Supreme Council and other laws of the Republic of Belarus.

Article 10 of Temporary regulations of the Supreme Council of the Republic of Belarus provides that meetings of the Supreme Council are competent if at them there are at least two thirds of total number of deputies.

The part four of Article 63 of Temporary regulations of the Supreme Council determines total number of deputies as number of the elected deputies.

In the Conclusion of October 11, 1995. The constitutional court did not see contradiction of Article 10 and part four of Article 63 of Temporary regulations of the Supreme Council of the Constitution and to the laws of the Republic of Belarus. At the same time the Court paid attention that edition of these Articles allows possibility of ambiguous interpretation of the concept "total quantity of deputies", having suggested the Supreme Council to make corresponding changes to Temporary regulations.

The constitutional court came to conclusion that "total quantity of deputies" concerning the Supreme Council of the Republic of Belarus of the twelfth convocation before entering of corresponding changes into Temporary regulations it is necessary to understand the number of the elected deputies, i.e. those deputies who were elected in the procedure established by the law and whose deputy powers at the time of holding the regular meeting of the Supreme Council as determination are not stopped according to the laws of the Republic of Belarus.

The court notes that the Temporary regulations determine only competence of meetings of the Supreme Council. According to part two of article 7 of the Law "About the Supreme Council of the Republic of Belarus" the Supreme Council as body is considered competent when electing at least two thirds of total number of deputies. In this case the Constitutional Court understands 360 deputies specified in article 98 of the Constitution of 1978 and 260 deputies as total number of deputies - in article 80 of the Constitution of 1994.

The Supreme Council of the Republic of Belarus of the twelfth convocation as body shall be considered competent in the presence in its structure at least two thirds of 360 deputies.

 

Chairman

Chairman Konstitutsionnogo

Vessels of the Republic of Belarus V. G. Tikhinya

NP-20/95

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