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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 22, 1995 No. P-23/95

About interpretation of the Conclusion of the Constitutional Court of the Republic of Belarus of October 30, 1995 "About compliance of the Constitution of the Laws of September 7, 1995 "About modification and amendments in the Law of the Republic of Belarus "About elections of deputies of the Supreme Council of the Republic of Belarus" and "About modification and amendments in the Law of the Republic of Belarus "About elections of deputies of local councils of deputies 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. having considered the address of deputies of the Supreme Council of the Republic of Belarus of the thirteenth convocation in court session, having studied the replies to the requests of the Constitutional Court provided in addition by the Chairman of the Supreme Council of the Republic of Belarus, Administration of the President of the Republic of Belarus, the Central commission of the Republic of Belarus on elections and holding republican referenda, Institute of philosophy and right of Academy of Sciences of Belarus, department of constitutional right of the Belarusian state university, the address to the Constitutional Court of certain deputies, political parties, having analysed the arguments given in speeches of the President of the Republic of Belarus, deputies of the Supreme Council of the thirteenth convocation at meeting on November 3-4, 1995, and also publications and performances of candidates, voters in mass media, came to conclusion about ambiguous understanding certain officials and citizens of the Conclusion of Court of October 30, 1995.

Constitutional court, having recognized in the Conclusion 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" competence of the Supreme Council of the twelfth convocation, thereby recognized also its right to perform legislative activity, that is to adopt the laws on all questions carried to its competence, to make changes to these laws including in the laws on elections.

Of October 30, 1995 conclusion that the laws of September 7, 1995 do not contradict the Constitution of the Republic of Belarus is in Prison of the Constitutional Court of the Republic of Belarus.

At the same time the Constitutional Court explains that the conclusion about constitutionality of these laws drawn in the Conclusion concerns being of the changes made to the laws on elections regardless of already begun process of forming of the Supreme Council of the thirteenth convocation and local councils of deputies of the next convocations as the considered laws have termless character.

Having announced elections of the Supreme Council of the thirteenth convocation and local councils according to the procedure and on the conditions provided by the laws on elections existing before introduction of changes in them and amendments with the laws of September 7, 1995, the Supreme Council of the twelfth convocation by that according to article 7 of the Constitution connected itself by the right, undertook obligation to carry out the electoral process on forming of representative bodies of the power by rules, the famous participants of this process till its beginning.

Due to stated the Constitutional Court came to conclusion that changes in the Laws "About Elections of Deputies of the Supreme Council of the Republic of Belarus" and "About Elections of Deputies of Local Councils of Deputies of the Republic of Belarus" accepted by the Supreme Council of the Republic of Belarus on September 7, 1995 cannot extend to repeated elections of deputies of the Supreme Council of the Republic of Belarus of the thirteenth convocation and local councils of deputies of the Republic of Belarus of the next convocation before their election in competent structure.

 

Chairman

Chairman Konstitutsionnogo

Vessels of the Republic of Belarus V. G. Tikhinya

 

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