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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 28, 1995 No. Z-30/95

About compliance of the Constitution and to the laws of the Presidential decree of the Republic of Belarus of July 13, 1995 No. 271 "About compensation of officials of some state bodies"

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:

experts: Urzhinsky K. P. - head of the department of the labor and civil law of the Belarusian commercial university of management, doctor of jurisprudence, professor; Leonova G. M. - the manager of department of the legislation on social development of the Belarusian institute of the state construction and the legislation

N271 "About Compensation of Officials of Some State Bodies" considered in proceeding in open court case on compliance of the Constitution and the laws of the Presidential decree of the Republic of Belarus of July 13, 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;

Sashcheko I. F. - deputy attorney general of the Republic of Belarus;

Sukalo V. O - Minister of Justice of the Republic of Belarus.

Proceeedings are initiated on August 29, 1995 according to the judicial discretion based on part two of article 127 of the Constitution of the Republic of Belarus, article 5 of the Law "About the Constitutional Court of the Republic of Belarus".

N271 is determined by Item 1 of the Presidential decree of the Republic of Belarus of July 13, 1995 that official pay rates of the Chairman of the Supreme Council and its deputies, members of Presidium of the Supreme Council, chairmen of the commissions of the Supreme Council and their deputies, secretaries of the commissions of the Supreme Council, the chief of the Secretariat of the Supreme Council, chairmen of the commissions under the Supreme Council, the deputies of the Supreme Council performing the powers on professional basis, the Chairman of the Central commission on elections and holding republican referenda, the Chairman of the board of National Bank, the Chairman of Control chamber are determined by the President of the Republic of Belarus in multiple size of the tariff charge of the first category according to appendix 1. The same Item offers not to apply allowances to official pay rates for class ranks, military and special ranks, length of service to specified persons, having established allowances to their office salaries in the amount of 40 percent.

According to Item 2 of the Decree official pay rates of the Chairman of the Supreme Court, the Chairman of the Supreme Economic Court, the Attorney-General, Chairman, vice-chairman and judges of the Constitutional Court, the Minister of Defence, the Minister of Internal Affairs, the Chairman of Committee for State Security, the Chief of Head department of border troops are determined by the President of the Republic of Belarus in multiple size of the tariff charge of the first category according to appendix 2. Allowances to official pay rates of the called persons for class ranks, military and special ranks, length of service cannot exceed in total 40 percent of salary.

It is entrusted "to provide with the decree to the Cabinet of Ministers review of the sizes of salaries of other officials of the relevant state bodies".

The presidential decree of the Republic of Belarus of August 16, 1995 N301 to appendix 2 to the Decree of July 13, 1995 N271 makes change according to which the multiple size of the tariff charge of the first category for calculation of salaries of the Chairman of the Constitutional Court, the Chairman of the Supreme Court, the Chairman of the Supreme Economic Court, the Attorney-General is increased.

Having heard experts, having studied case papers, having analyzed regulations of the Constitution, the laws and other regulations, the Constitutional Court came to conclusion that separate provisions of the Presidential decree of the Republic of Belarus of July 13, 1995 of N271 do not correspond to the Constitution and the laws proceeding from the following.

Article 6 of the Constitution establishes the principle of separation of the authorities according to which the legislative, executive and judicial authorities within the powers are independent.

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 110 of the Law "About the Supreme Council of the Republic of Belarus" the salary to the deputy of the Supreme Council is established in the sizes determined by Presidium of the Supreme Council depending on position.

According to article 116 of the Law "About the Supreme Council of the Republic of Belarus" the Chairman of the Supreme Council has the right to the salary in the amount of 95 percent from the salary of the President of the Republic of Belarus.

Official pay rates of the Chairman of the Supreme Court, the Chairman of the Supreme Economic Court and their deputies are established by article 76 of the Law "About Judicial System and the Status of Judges in the Republic of Belarus" respectively in the amount of official pay rate of the Chairman of the Supreme Council and its deputies.

According to article 25 of the Law "About the Constitutional Court of the Republic of Belarus" official pay rates of the Chairman of the Constitutional Court, his deputy and judges it is established at the level of official pay rates according to the Chairman of the Supreme Council, the First deputy and vice-chairmen of the Supreme Council.

According to article 26 of the Law "About the Cabinet of Ministers of the Republic of Belarus" Prime Minister has the right to the salary in the amount of 90 percent from the salary of the President of the Republic of Belarus.

According to article 43 of the Law "About Prosecutor's Office of the Republic of Belarus" monetary pay of public prosecutor's workers consists of official pay rates, surcharges for class ranks (military ranks) and length of service. The sizes of official pay rates, surcharges for class ranks (military ranks) and length of service are determined by Presidium of the Supreme Council of the Republic of Belarus.

The Supreme Council according to article 12 of the Law "About the Supreme Council of the Republic of Belarus" adopts and changes the Constitution, the laws, exercises control of their execution. Any law of the Republic of Belarus cannot be changed or repealed differently as by adoption of the new law or modification and amendments in operating.

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