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of December 18, 2008 No. P-303/2008

About realization of the subjective right in case of cancellation of precepts of law

It should be noted that it was entrusted to provide with the President of the Republic of Belarus in December, 2007 (after recognition of the Decree No. 17 voided) to the Prime Minister of the Republic of Belarus payment of financial aid to persons on whom in established by the Decree No. 17 procedure before entry into force of the Decree No. 128 decisions on payment of such help for the account and within the means provided on these purposes in the budget of the Republic of Belarus for 2007 are made.

According to article 2 of the Constitution of people, its rights, freedoms and guarantees of their realization are the supreme value and the purpose of society and state. The state is responsible before the citizen for creation of conditions for free and worthy development of the personality.

Providing the rights and freedoms of citizens of the Republic of Belarus is the prime target of the state. The state guarantees the rights and freedoms of citizens of Belarus enshrined in the Constitution, the laws and provided by the international obligations of the state (article 21 of the Constitution).

Nobody can be forced to fulfillment of duties, not provided by the Constitution of the Republic of Belarus and its laws, or to refusal of the rights (article 58 of the Constitution).

The constitution (Article 59) assigns obligation to the state to take all measures available to it for creation of the internal and international procedure necessary for complete implementation of the rights and freedoms of the citizens of the Republic of Belarus provided by the Constitution. State bodies, official and other persons to whom execution of the state functions is entrusted shall take within the competence necessary measures for implementation and protection of the rights and personal freedoms and bear responsibility for the actions violating the rights and personal freedoms.

The given constitutional provisions demonstrate that as at the level of the legislative and other regulatory legal acts establishing or stopping (canceling) right citizens and at the level of law-enforcement decisions realization of the rights of citizens provided by the Constitution, other legal acts and guaranteed by the state shall be provided. At the same time respect for balance of interests of citizens and the state, the principles of rationality and social justice is obligatory.

Practice of rule-making activities demonstrates that in certain cases cancellation of precepts of law and cancellation of the rights granted by them were made by the legislator decisions on possibility of legal regulation of the relations which arose based on the cancelled regulations but which did not receive final execution according to the cancelled regulations.

So, No. 618 "About public procurements in the Republic of Belarus" is settled by Item 15 of the Presidential decree of the Republic of Belarus of November 17, 2008 question of non-proliferation of operation of this Decree on public procurements of goods (works, services) if procedures of purchases are begun or agreements to deliver goods (performance of works, rendering services) are concluded before entry into force of this Decree. It is determined that the beginning of the procedure of public procurement should be considered approval date of task for public procurement of goods (works, services) the head (authorized by it the deputy) of the customer (the organizer, authorized organization) or the individual entrepreneur. These purchases come to the end by the legislation existing to the introduction of the Decree of November 17, 2008 No. 618 in force.

There are cases when the possibility of application of regulations of this law after their change is provided in the law. In particular, in article 2 of the Law of the Republic of Belarus of July 20, 2007. "About modification and amendments in the Labor code of the Republic of Belarus" it is determined that labor leaves (their part), the right to which at workers arose, but it was not realized to the introduction of this Law in force, are provided (are compensated) completely or in proportion to worked time till December 31, 2008 according to the legislation existing before entry into force of this Law.

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