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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 21, 1994

About compliance of the Constitution of the Law of October 6, 1994 "About modification and amendments in the Law of the Republic of Belarus "About local self-government and local economy in the Republic of Belarus"

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. with participation as the parties: groups of deputies of the Supreme Council of the Republic of Belarus which interests were represented by deputies Getz B. G., Golubev V. F., Karpenko G. D., Kryzhanovsky N. K., Piskarev V. A., Spiglazov A. F.; The Supreme Council of the Republic of Belarus which interests were represented by the manager of legal department of the Secretariat of the Supreme Council of the Republic of Belarus of Borisenko V. A.; experts: doctor of jurisprudence, professor of department of constitutional right of law department of the Belarusian state university Golovko A. A., the doctor of jurisprudence, the head of the department of the theory and history of state and law of law department of the Grodno state university Silchenko N. V. considered in proceeding in open court case "About compliance of the Constitution of the Law of October 6, 1994. "About modification and amendments in the Law of the Republic of Belarus "About local self-government and local economy in the Republic of Belarus".

Took part in judicial session the vice-chairman of the Supreme Council of the Republic of Belarus Bambiza I. M., deputy prime minister of the Republic of Belarus Gonchar V. I., Chairman of the Supreme Court of the Republic of Belarus V.S.'s Loaf, Chairman of Supreme Economic Court of the Republic of Belarus Boyko V. V., First Deputy Attorney-General of the Republic of Belarus Kondratyev V. K., Minister of Justice of the Republic of Belarus Sukalo V. O.

Proceeedings are initiated on November 9, 1994 according to the proposal of group of deputies of the Supreme Council of the Republic of Belarus based on part one of article 127 of the Constitution, article 6 of the Law "About the Constitutional Court of the Republic of Belarus".

The provisions of the law of October 6, 1994 were subject to check. "About modification and amendments in the Law of the Republic of Belarus "About local self-government and local economy in the Republic of Belarus" (Zvyazda, 1994, on October 26).

The law "About Local Self-government and Local Economy in the Republic of Belarus" is added with Article 2-1, according to which "local управлениеэто form of the organization and activities of local executive and administrative organs for the solution of questions of local value, proceeding from state interests and interests of the population living in the corresponding territory. The single system of local authorities of management in the territory of the Republic of Belarus consists of regional, district, city, settlement and rural executive and administrative organs".

Are abolished by the law of October 6, 1994 rural, settlement, city (the cities of district subordination), district Councils of deputies, i.e. Councils of primary territorial level in the cities, and are established two territorial levels of local councils: basic and regional. Are carried to basic territorial level city (the cities of regional subordination) and regional councils, and to oblastnomuoblastny Councils of deputies. The Minsk city council is given the rights of basic and regional Councils.

This Law abolishes presidiums of local councils of deputies, the procedure for forming of executive committees and their status are changed.

According to former edition of Article 14 and other articles of the Law on local self-government and local economy the executive committee was formed by the relevant Council and was executive and administrative organ of Council. According to the Law of October 6, 1994 executive committees of basic and regional levels are executive and administrative organs in the territory of the area, the city, the area.

The executive committee is accountable and under control to higher executive and administrative organ, and also is accountable to the relevant local council of deputies on the questions carried to competence of Council.

Article 14-1 of the Law on local authority and self-government provides that the chairman of regional executive committee is appointed to position by the President of the Republic of Belarus and affirms regional council of deputies. The chairman of district, city executive committee is appointed the chairman of regional executive committee and affirms the relevant regional, city council. If the relevant Council did not approve the candidacy for position of the chairman of executive committee, other nomination is in the same order made. The decision of the President of the Republic of Belarus, the chairman of higher executive committee on appointment of the chairman of executive committee in case of repeated refusal of local council to approve the candidacy for position of the chairman of executive committee is final.

In the activities the chairman of executive committee is accountable and under control to higher executive and administrative organ, and on the questions connected with activities of Council of deputies, - is accountable to the relevant local council.

According to Article 14 part four in edition of the Law of October 6, 1994 the first deputy, deputies (deputy) managing affairs and members of executive committee are appointed the chairman of executive committee in coordination with higher executive and administrative organ.

According to article 14-2 of the Law in the territory of the Village Councils, settlements, the cities of district subordination the local administration with the rights of the legal entity is formed. In the territory of areas in the city the local administration can be formed according to the decision of the relevant city executive committee.

Her head, deputy (deputies) the head and other officials are part of local administration.

The chairman of local administration and his deputy (deputies) are appointed the chairman of higher executive and administrative organ. Other officials of local administration are appointed the head of local administration.

In the proposal of group of deputies of the Supreme Council of the Republic of Belarus on check of constitutionality of the Law of October 6, 1994 it is noted that the amendments made to the Law "About Local Self-government and Local Economy in the Republic of Belarus" do not correspond to Articles 1, of 3, of 117, 118 and to other articles of the Constitution, "because they break the principles of democratism, democracy, are contrary to regulations that the people are the single source of the power and that local self-government is performed by citizens through Councils of deputies".

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