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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 26, 1995 No. Z-29/95

About compliance of the Constitution and to the laws of the Presidential decree of the Republic of Belarus of September 1, 1995 No. 349 "About streamlining of some privileges for separate categories of citizens"

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., judges Kenik K. I., Pastukhova M. I., Podgrusha V. V., Seredy N. M., Tishkevich S. I., Filipchik R. I.

with participation of agents of the parties:

The chairman of the Supreme Council of the Republic of Belarus which made the offer on check regarding constitutionality of the regulation: Novikova A. N. - The commission chairman of the Supreme Council of the Republic of Belarus on national security issues, defense and fight against crime; Yurkevich G. I. - Head of Department of legal management of the Secretariat of the Supreme Council of the Republic of Belarus;

The president of the Republic of Belarus who issued the Decree: Maryskina A.V.nachalnika of state legal department of Administration of the President of the Republic of Belarus; A.I. Sverzha - Deputy Minister of Finance of the Republic of Belarus

N349 "About Streamlining of Some Privileges for Separate Categories of Citizens" considered in proceeding in open court case "About compliance of the Constitution and to the laws of the Presidential decree of the Republic of Belarus of September 1, 1995.

Took part in judicial session: Mironichenko I.A.zamestitel Predsedatelya 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; Andreyev I. S. - First Deputy Minister of Justice of the Republic of Belarus.

Proceeedings are initiated by the Constitutional Court on September 11, 1995 according to the proposal of the Chairman of the Supreme Council of the Republic of Belarus of the Mushroom of M. I. based on part one of article 127 of the Constitution, articles 5 and 6 of the Law "About the Constitutional Court of the Republic of Belarus".

According to the petition declared on behalf of the President of the Republic of Belarus proceeedings were suspended by the decision of October 20, 1995 before consideration in judicial session of cases on compliance of the Constitution of the laws on the Supreme Council and about the President of the Republic of Belarus.

Check the Presidential decree of the Republic of Belarus of September 1, 1995 was subject to N349 "About Streamlining of Some Privileges for Separate Categories of Citizens" (Zbor of ¸kaz ў Prezidenta of i pastano ў Kabineta Ministra ў Respubliki Belarus, 1995, N 25, the Art. 610).

Item 1 of this Decree suspends provision of the privileges and benefits provided by regulations of the laws according to the list attached to the Decree.

Item 2 of the Decree keeps the privileges established by legal acts of the Republic of Belarus, to the disabled people and participants of the Great Patriotic War and persons equated to them, to the Heroes of the Soviet Union, Heroes of Socialist Work, persons awarded with awards of Glory of three degrees, awards of Labour Glory of three degrees, to disabled people of I and II groups and also other categories of citizens which privileges are established by contracts of the Republic of Belarus with the State Parties of the Commonwealth of Independent States.

In Item 3 of the Decree it is determined that children under 3 years, handicapped children aged up to 16 years, the persons having radiation sickness or who had such disease, and also the faces having the diseases entering the special list of the Ministry of Health are provided with drugs and medicamentous means according to recipes of doctors free of charge.

The item 4 of the Decree provides that the right of free pass in urban and suburban transportation (except taxi) children under 7 years, and also person accompanying on trips of the disabled person of the I group, and the right to 50 percent discount from fare in the specified transport - pupils, students and pensioners have (the men who reached 60 years, women - 55 years).

It is entrusted to Cabinet of Ministers to introduce in accordance with the established procedure till January 1, 1996 offers on reduction of the current legislation in compliance with the called Decree.

The decree of September 1, 1995 N349 suspends provision of the privileges and benefits provided by regulations of eighteen laws for separate categories of citizens. These privileges and benefits concerned, in particular, free pass, receipt of non-interest loan on acquisition or construction of individual apartment houses, cooperative housing construction, payment of living space, provision of 50 percent discount for use of heating, water supply system, gas and the electric power or the same discount from fuel cost, free obtaining according to recipes of doctors of drugs, free medical and sanatorium treatment, including prosthetics, non-paid or preferential transfer into the ownership of the occupied premises in houses of the state and public housing stock, receipt of soft bank loans on individual and cooperative housing construction.

N446 "About Some Social Guarantees of the Military Personnel, Faces of the Commanding and Ordinary Structure of Law-enforcement Bodies and Public Prosecutor's Workers" Items 5, the 11 and 12 appendices to the checked Decree are acknowledged as the decree of October 31, 1995 partially invalid.

In the proposal of the Chairman of the Supreme Council of the Mushroom of M. I. on check of compliance of the Presidential decree of the Republic of Belarus of September 1, 1995 it is noted to N349 of the Constitution and the laws of the Republic of Belarus that this Decree does not correspond to the Constitution and the laws as having made the decision on suspension of provision of some privileges provided by the laws and also on preserving them behind separate categories of citizens, the President went beyond the powers and violated Articles 6, of 7, of 79, of 83, 99 and 100 Constitutions of the Republic of Belarus.

Having heard agents of the parties, having researched written proofs, having analyzed regulations of the Constitution, the laws, international legal acts, the Court came to conclusion that separate provisions of the Presidential decree of the Republic of Belarus of September 1, 1995 of N349 "About Streamlining of Some Privileges for Separate Categories of Citizens" do not correspond to the Constitution and the laws proceeding from the following.

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.

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