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CONCLUSION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of September 12, 2007 No. Z-202/2007

About compliance of the Constitution of the Republic of Belarus of the Item "g" of part one of article 68 of the Law of the Republic of Belarus "About provision of pensions"

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Danilyuka of Page E., Kenik K. I., Podgrusha V. V., Tikovenko A.G., Filipchik R. I., Shuklina V. Z.

with participation of representatives:

The Houses of Representatives of National assembly of the Republic of Belarus - Kamenetsky S. V., the chairman of the Permanent commission of the House of Representatives of National assembly of the Republic of Belarus on work, social protection, cases of veterans and disabled people; Kulesh N. N., chief of the Main expert legal department of the Secretariat of the House of Representatives of National assembly of the Republic of Belarus;

Council of the Republic of National assembly of the Republic of Belarus of Sushkova T. I., head of department of civil, social and economic laws of the Main expert legal department of the Secretariat of Council of the Republic of National assembly of the Republic of Belarus

considered in proceeding in open court case "About compliance of the Constitution of the Republic of Belarus of the Item "g" of part one of article 68 of the Law of the Republic of Belarus "About provision of pensions".

Took part in judicial session:

Fedortsov A. A. - First Deputy Chairman of the Supreme Court of the Republic of Belarus; Egorov A. P. - vice-chairman of Supreme Economic Court of the Republic of Belarus; Ivanovsky A. V. - deputy attorney general of the Republic of Belarus; Petrash A. S. - First Deputy Minister of Justice of the Republic of Belarus.

Proceeedings are initiated by the Constitutional Court on June 15, 2007 according to the offer of the House of Representatives of National assembly of the Republic of Belarus based on article 116 of the Constitution of the Republic of Belarus, article 22 of the Code of the Republic of Belarus about judicial system and the status of judges.

The Item "g" of part one of article 68 of the Law of the Republic of Belarus of April 17, 1992 was subject to check. "About provision of pensions" (with subsequent changes and amendments) (Vedamasts? Vyarkhovnaga of Council Respubl? to? Belarus, 1992, No. 17, Art. 275; 1994, No. 8, the Art. 111) according to which the pensions granted according to the specified Law raise to citizens, unreasonably repressed for political motives during repressions of the 20-80th years and subsequently rehabilitated, - for 50 percent of the minimum size of old-age pension.

In the offer on making the conclusion about compliance of the Item "g" of part one of article 68 of the Law of the Republic of Belarus "About provision of pensions" Constitutions of the Republic of Belarus the House of Representatives specified that according to part one of Item 16 of the Regulations on procedure for recovery of the rights of the citizens who suffered from repressions in the 20-80th years, the Supreme Council of the Republic of Belarus approved by the resolution of December 21, 1990 (with subsequent changes and amendments), victims of political repressions the children who were together with parents in places of detention are recognized the reference, dispatch, on the special settlement; the children who were left at minor age without guardianship of parents, unreasonably repressed for political motives; children, spouses (spouse) of persons shot or the dead in places of detention and rehabilitated posthumously.

The House of Representatives noted that it in spite of the fact that according to part two of Item 16 of the called Provision on specified persons the procedure and conditions of recovery of the rights, provisions of the privileges established for the victims of political repressions, in practice increase in pensions to persons from among the children who were left at minor age without guardianship of parents, unreasonably repressed are widespread on political motives, and also children of persons shot or the dead in places of detention and rehabilitated posthumously, is not made.

The House of Representatives believes that such practice of application of the Item "g" of part one of article 68 of the Law "About Provision of Pensions" does not correspond to normative instructions of Item 16 of the above-named Provision as interferes with realization of the right to increase in the size of the pensions granted to pensioners from among the children who were left at minor age without guardianship of parents, unreasonably repressed for political motives, and also children of persons shot or the dead in places of detention and rehabilitated posthumously.

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