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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 3, 1995 No. Z-21/95

About compliance of the Constitution and to the laws of the Republic of Belarus of the Presidential decree of the Republic of Belarus of August 8, 1995 N299 "About Approval of the Regulations on Procedure for Issue of Diplomatic and Service Passports to Citizens 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 of representatives of the Chairman of the Supreme Council of the Republic of Belarus of the Mushroom of M. I. which made the offer on check of constitutionality of the act

Golubeva V. F. - secretary of the Commission of the Supreme Council on the international cases and foreign economic relations;

Orlova L. K. - manager of the sector of the state and international law of legal management of the Secretariat of the Supreme Council of the Republic of Belarus;

Tereshko I. I. - the commission chairman of the Supreme Council of the Republic of Belarus on the international cases and foreign economic relations;

considered in open session case "About compliance of the Constitution and to the laws of the Republic of Belarus of the Presidential decree of the Republic of Belarus of August 8, 1995 N 299 "About approval of the Regulations on procedure for issue of diplomatic and service passports to citizens of the Republic of Belarus".

Took part in judicial session:

Tsarenko E. M. - vice-chairman of the Supreme Court of the Republic of Belarus;

Kamenkov V. S. is the vice-chairman of Supreme Economic Court of the Republic of Belarus;

Yurevich V. B. is the deputy attorney general of the Republic of Belarus;

Andreyev I. S. - First Deputy Minister of Justice of the Republic of Belarus.

Check the Presidential decree of the Republic of Belarus of August 8, 1995 was subject to N299 "About Approval of the Regulations on Procedure for Issue of Diplomatic and Service Passports to Citizens of the Republic of Belarus". The list of persons to which in connection therewith diplomatic passports shall be issued by the Provision does not include deputies of the Supreme Council of the Republic of Belarus, judges of the Constitutional Court of the Republic of Belarus, and also other officials who had the right to such passports by earlier existing legislation.

Having listened to the agent of the party, having studied case papers, having analysed provisions of the Constitution, the laws, international treaties and other regulations, and also practice of application of the checked act, the Constitutional Court came to the following conclusions.

According to article 7 of the Constitution the state, all its bodies and officials are connected by the right, are effective within the Constitution and the laws adopted according to it.

Article 94 of the Constitution provides that the procedure for activities of the Supreme Council, its bodies and deputies is determined by Regulations of the Supreme Council, and also other legal acts of the Republic of Belarus. So, in article 32 of the Law "About the Status of the People's Deputy of the Republic of Belarus" it is specified that the diplomatic passport is issued to the deputy in case of trips abroad for the term of its powers. The similar regulation contains also in article 110 of the Law "About the Supreme Council of the Republic of Belarus".

The non-inclusion of deputies of the Supreme Council of the Republic of Belarus in the list of persons to which diplomatic passports are issued violates their rights provided by the laws and reduces the level of guarantees of deputy activities.

According to article 23 of the Law "About the Constitutional Court of the Republic of Belarus" the judge of the Constitutional Court is inviolable.

Immunity of the judge is provided with special procedure for the solution of the questions connected with restriction of its personal rights and freedoms and extends to its dwelling and other legal ownerships, and also the office used by it, transport, means of communication, correspondence, things and documents.

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