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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of February 18, 2009 No. P-314/2009

About effective period of the warrant for receipt of money from contribution (deposit) of the citizen on which its pension is transferred

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Maryskin A. V., Boyko T. S. judges., Danilyuka of Page E., Izotko V. P., Kozyrevoy L.G., Podgrusha V. V., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P., Shuklin V. Z. based on part eight of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges considered part third of Item 98 of the Instruction on procedure for making of notarial actions approved by the resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63 (in edition of the resolution of November 14, 2008 No. 67) (further the Instruction).

In part three of Item 98 of the Instruction it is determined that the warrant for receipt of pension cannot be issued for the term of more than one year.

According to part four of article 83 of the Law of the Republic of Belarus of April 17, 1992. "About provision of pensions" pension payment is made at the choice of pensioners through the organizations of mail service, banks, the organizations performing activities for delivery of pensions.

According to part one of article 87 of the specified Law pension can be paid by proxy which can be issued for the term of not over one year.

The questions connected with features of pension payment through banks by proxy including concerning establishment of deadline of operation of such power of attorney, were subject of consideration of the Constitutional Court.

So, on November 6, 2008. Constitutional court of the Republic of Belarus according to the appeal of open joint stock company "The Belarusbank savings bank made the decision "On effective period of the warrant for receipt of money from contribution (deposit) of the physical person opened in bank on which pension (benefit) is transferred".

In the specified decision the Constitutional Court formulated the legal line item which is that as regulation of the relations concerning effective period of the warrant for receipt of money from contribution (deposit) of physical person in bank on which pension is transferred is performed by regulations of the civil, but not pension legislation, in case of establishment in the pension legislation and other bylaws of deadline of operation of such power of attorney requirements of the civil and bank law shall be considered. The constitutional court recognized necessary to enshrine in article 87 of the Law "About Provision of Pensions" regulations that the effective period of the power of attorney provided in it does not extend to cases of receipt of money from contribution (deposit) of the citizen opened in bank on which its pension (benefit) is transferred, having suggested Council of Ministers of the Republic of Belarus to consider question of enhancement of regulations of the pension legislation for the purpose of elimination of inconsistency of legal regulation.

 Constitutional court, confirming this legal line item, considers that the part three of Item 98 of the Instruction providing year of action of the warrant for receipt of pension cannot extend to cases of issue of the warrant for receipt of money from contribution (deposit) of the citizen opened in bank on which its pension is transferred.

Based on stated, being guided by Article 40, part one of article 116 of the Constitution of the Republic of Belarus, Articles 22, 24 Codes of the Republic of Belarus about judicial system and the status of judges, the Constitutional Court DECIDED:

1. Recognize necessary for the purpose of protection of the rights and legitimate interests of citizens to specify regulation of part three of Item 98 of the Instruction on procedure for making of notarial actions approved by the resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63 (in edition of the resolution of November 14, 2008 No. 67), in the part concerning establishment of effective period of the power of attorney in relation to cases of receipt of money from contribution (deposit) of the citizen opened in bank on which its pension is transferred.

2. Suggest the Ministry of Justice of the Republic of Belarus to bring in accordance with the established procedure in Item 98 of the specified Instruction necessary changes and amendments, having approved it with regulations of the civil and bank law and this decision.

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