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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 8, 1995

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 21, 1995 N336 "About Some Measures for Ensuring Stability and Law and Order in the Republic of Belarus"

Constitutional court of the Republic of Belarus as a part of the chairman - the vice-chairman of the Constitutional 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 which made the offer on check of constitutionality of the regulation:

Curve V. I. - the manager of the sector of the Commission of the Supreme Council of the Republic of Belarus concerning work, the prices, employment and social security of the population;

Piskareva V. A. - the commission chairman under the Supreme Council of the Republic of Belarus on rendering assistance in providing the rights of the victims of political repressions of the 20-80th years and perpetuating of their memory;

Raut V. I. - deputy chief of Legal management of the Secretariat of the Supreme Council of the Republic of Belarus;

Satolina M. N. - the deputy director of the Belarusian institute of the state construction and the legislation;

expert Matusevich A. V. - directors of the Belarusian institute of the state construction and legislation, doctor of jurisprudence;

witness Bykov G. A.

N336 "About Some Measures for Ensuring Stability and Law and Order in the Republic of Belarus" 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 21, 1995.

Took part in judicial session:

Mironichenko I. A. - 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;

Kondratyev V. K. - First 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 21, 1995 was subject to N336 "About Some Measures for Ensuring Stability and Law and Order in the Republic of Belarus" ("the Soviet Belarus", 1995, on September 1; Zbor of the decree ў Prezidenta of i pastano ў Kabineta Ministra ў Respubliki Belarus, 1995, N 25, Art. 599).

Item 1 of the Decree before entering of corresponding changes into the Law "About Labor Unions" suspends activities of Free labor union of Belarus and primary trade-union organization of the Minsk subway of labor union of railroad workers and transport builders.

Item 2 of the Decree it is offered to Prosecutor's office to bring in the relevant courts of idea of prohibition of activities of Free labor union of Belarus and primary trade-union organization of the Minsk subway of labor union of railroad workers and transport builders of the Republic of Belarus.

By Item 3 of the Decree it is determined that participation of political parties, public associations and labor unions in strikes at the companies specified in the list approved by the Resolution of the Cabinet of Ministers of the Republic of Belarus of March 28, 1995 N 158, attracts the termination of their activities in the procedure established by the law.

Before entering of corresponding changes into legal acts of the Republic of Belarus by the Decree it is suspended parts three and the fifth article 37 of the Law "About the Status of the Deputy of the Supreme Council of the Republic of Belarus", parts one and third article 37 of the Law "About the Status of the Deputy of Local Council of Deputies of the Republic of Belarus", Article 110 part two (regarding immunity of deputies of the Supreme Council within two years after the termination of their powers) the Law "About the Supreme Council of the Republic of Belarus".

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