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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 14, 1995 No. Z-26/95

About compliance of the Constitution of the Law of the Republic of Belarus "About 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., Filipchik R. I.

with participation of representatives:

The president of the Republic of Belarus who made the offer on check regarding constitutionality of the Law "About the Supreme Council of the Republic of Belarus": Maryskina A. V. - chief of state legal department of Administration of the President of the Republic of Belarus; Sukalo V.O.Ministra of justice of the Republic of Belarus;

Supreme Court, Supreme Economic Court, deputy. The Attorney-General of the Republic of Belarus, made the offer on check regarding constitutionality of part two of article 110 of the Law "About the Supreme Council of the Republic of Belarus": Tsarenko E. M. - vice-chairman of the Supreme Court of the Republic of Belarus; Quickly V.V. - the Chairman of Supreme Economic Court of the Republic of Belarus; Sashcheko I. F. - deputy attorney general of the Republic of Belarus;

The Supreme Council of the Republic of Belarus which adopted the Law: Bulakhova D. P. - the Commission chairman of the Supreme Council of the Republic of Belarus by the legislation; Borisenko V. A. - chief of legal management of the Secretariat of the Supreme Council of the Republic of Belarus; Matusevich A.V.direktor of the Belarusian institute of the state construction and legislation, doctor of jurisprudence; Skarynina N. P. - the member of the commission of the Supreme Council of the Republic of Belarus on the state construction;

the expert Drobyazko S. G. is professors of department of the theory and history of state and law of the Belarusian state university, the doctor of jurisprudence;

Dubovitsky V. N. specialist - the head of department of comparative jurisprudence of the Belarusian institute of the state construction and the legislation, Candidate of Law Sciences;

considered in open session case "About compliance of the Constitution of the Law of the Republic of Belarus "About the Supreme Council of the Republic of Belarus".

Proceeedings are initiated by the Constitutional Court on October 16, 1995 according to the proposal of the President of the Republic of Belarus and the judicial discretion based on article 127 of the Constitution, articles 5 and 6 of the Law "About the Constitutional Court of the Republic of Belarus".

Because proceeedings "About compliance of the Constitution of the Republic of Belarus to part two of article 110 of the Law of the Republic of Belarus "About the Supreme Council of the Republic of Belarus" according to the offer of the Supreme Court, Supreme Economic Court, the deputy were initiated on October 2, 1995. And considering the Attorney-General of the Republic of Belarus that initiators make offers concerning constitutionality of the same regulation, both productions are united in one based on Article 49 of Regulations of the Constitutional Court.

In the proposal of the President of the Republic of Belarus the question of compliance of the Constitution of Articles 1, of 9, of 10, of 43, of the paragraph of the eighth of Article 83, of the paragraph of the fourth of Article 87, of part two of article 110 of the Law "About the Supreme Council of the Republic of Belarus", and also this Law in general is raised.

Supreme Court, Supreme Economic Court, deputy. The Attorney-General of the Republic of Belarus the offer on check regarding constitutionality of part two of article 110 of the Law "About the Supreme Council of the Republic of Belarus" is made.

The Law "About the Supreme Council of the Republic of Belarus" was subject to check (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1995, N 7, the Art. of the Art. 95, 98; Art. N 8, 103).

The law determines the place of the Supreme Council in structure of the highest state authorities, its competence, procedure for consideration of bills and adoption of the laws, other acts, and also control powers of the Supreme Council. Besides, in the Law issues of the organization of activities of the Supreme Council, its bodies and deputies are resolved; the rights and obligations of the Chairman of the Supreme Council, his deputies, Presidium of the Supreme Council, the commissions of the Supreme Council and deputies are regulated. The certain head of the Law is devoted to questions of information, organizational and technical and other support of activities of the Supreme Council, and also legal and social security of deputies.

Having listened to agents of the parties, the expert, having researched the conclusion of the European Commission "Democracy through the right", opinion of the specialist, having analyzed provisions of the Constitution, the laws and other regulations, having studied other case papers, the Constitutional Court came to the following conclusions.

According to article 6 of the Constitution the state is based on the principle of separation of the authorities: legislative, executive and judicial. State bodies within the powers are independent: they interact among themselves, constrain and counterbalance each other.

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

According to article 79 of the Constitution the Supreme Council is the supreme representative permanent and single legislature of the government of the Republic of Belarus.

Powers of the Supreme Council of the Republic of Belarus are determined by Article 83 and other articles of the Constitution. The procedure for activities of the Supreme Council, its bodies and deputies as it is stipulated in Article 94 Constitutions, is determined by Regulations of the Supreme Council which are accepted by the Supreme Council and are signed by its Chairman, and also other legal acts of the Republic of Belarus.

In this regard the Court cannot agree with arguments of representatives of the initiating party that the Supreme Council had no right to adopt the Law "About the Supreme Council of the Republic of Belarus" as, in their opinion, the questions concerning procedure for activities of the Supreme Council of its bodies and deputies are solved in Regulations.

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