of November 9, 1994 No. P-7/94
About application in the Republic of Belarus unpublished or not brought to the general attention by other method of regulations of state bodies provided by the law
Constitutional court of the Republic of Belarus as a part of the chairman - the vice-chairman of the Constitutional Court Tikhini V. G., Vasilevich G. A. judges., Kenik K. I., Pastukhova M. I., Podgrusha V. V., Seredy N. M., Tishkevich S. I., Fadeyeva V. A., Filipchik R. I., having considered on the initiative in judicial session question of application in the Republic of Belarus unpublished or not brought to the general attention by other method of regulations of state bodies provided by the law, established the following.
According to article 7 of the Constitution of the Republic of Belarus regulations of state bodies are published or brought to the general attention by other method provided by the law. Article 34 of the Constitution guaranteed to citizens of the Republic of Belarus the right, storage and distribution of complete, reliable and timely information about activities of state bodies, public associations, about political, economic and international life, state of environment. Based on article 52 of the Constitution everyone who is in the territory of the Republic of Belarus shall observe its Constitution, the laws and to respect national traditions. For realization of the specified Constitution provisions citizens shall have opportunity to get acquainted with all regulations determining their rights, freedoms and obligations and procedure for their implementation, and state bodies shall bring to the general attention such regulations timely.
The procedure for acceptance and entry into force of regulations provided by acts of the legislation of the Republic of Belarus generally provides realization of regulations of articles 7 and 34 of the Constitution. So, by the Law of July 3, 1990 "About procedure for publication and entry into force of the laws of the Republic of Belarus and other acts adopted by the Supreme Council of the Republic of Belarus and its bodies" it is determined that the laws of the Republic of Belarus, other acts of the Supreme Council of normative nature become effective in all territory of the Republic of Belarus at the same time after ten days after their official publication in the bodies determined by this Law. The specified terms of the introduction of acts in force are not applied when the Supreme Council in case of adoption of the act establishes other term of its introduction in action.
According to the presidential decree of the Republic of Belarus of August 15, 1994 N49 "About Some Questions of the Organization of Work of the Cabinet of Ministers of the Republic of Belarus" of the resolution and the order of the Cabinet of Ministers become effective from the moment of their acceptance if in them the term of enforcement is not specified. At the same time the resolutions concerning the rights, freedoms and obligations of citizens become effective only after their official publication. The similar procedure was determined also for acts of Council of Ministers of the Republic of Belarus.
N316 is entered by the resolution of Council of Ministers of the Republic of Belarus of May 13, 1993 state registration of regulations of the ministries, state committees and departments concerning the rights, freedoms and obligations of citizens or having interdepartmental character. Regulations of the specified bodies become effective from the date of their state registration if in the act other term is not established. At the same time the acts concerning the rights, freedoms and obligations of citizens become effective only after their state registration and official publication.
However the established procedure of acceptance, publication and entry into force of regulations of state bodies is not always observed. During 1993-1994. The prosecutor's office of the Republic of Belarus imposed requirements about elimination of the violations of the law expressed in application of the regulations which did not undergo state registration and not published to the Ministry of Housing and Public Utilities, the Ministry of Finance, the Ministry of Education, the Ministry of Trade. Similar violations were revealed by prosecutor's office in the State committee on problems of effects of catastrophic crash on the Chernobyl NPP, Committee on land reform and land management, the Ministry of Natural Resources and Environmental Protection, the Ministry of Internal Affairs.
The inspections which are carried out in 1993-1994. The Ministry of Justice, showed that the separate ministries and departments continued to apply the departmental regulations which did not undergo state registration. Only after intervention of the Ministry of Justice state registration of such acts was carried out and their publication was performed.
Separate decisions of the Government or their part including concerning the rights of citizens, were also not brought to the general attention. So, N99 "About formation of the State landscape wildlife area Selyava, of June 13, 1994 by N437 "About Forming and Order Placement on Delivery of Goods for Republican State Needs", the Cabinet of Ministers of August 23, 1994 N24 "About Customs Regimes" and of August 24, 1994 N26 "About Modification and Amendments in the List of the Productions, Works, Professions, Positions and Indicators Granting Pension Entitlement for Work with Special Working Conditions" and others were not completely published in the Collection of the orders of the Government of the Republic of Belarus and the Collection of presidential decrees and resolutions of the Cabinet of Ministers of the Republic of Belarus of the resolution of Council of Ministers of February 25, 1993.
Since November 11, 1993 law-enforcement bodies of the republic applied the resolution of Council of Ministers of the Republic of Belarus of November 10, 1993 by N774 "About Enhancement of Measures of Protection of Public Order and Fight Against Crime" according to which the administrative responsibility for violation by citizens of procedure for carrying out currency transactions while the specified resolution was published only ten days later after its acceptance upon the demand of Prosecutor's office of the Republic of Belarus was established. On representation of the Attorney-General all resolutions of law-enforcement bodies on involvement of citizens to the administrative responsibility accepted during this period were repealed by the Minister of Internal Affairs.
If concerning the acts concerning the rights of citizens not only the procedure for their publication and entry into force, but also consequence in law of its violation is determined, then concerning legal entities such guarantees in the legislation are absent.
Similar practice leads to the fact that citizens and legal entities lose opportunity fully to use the constitutional rights and freedoms. It leads to arbitrary behavior from certain officials, interferes with realization of the right to appeal of their actions, reduces protection guarantees, stipulated in Article 22 Constitutions.
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