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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of May 4, 2009 No. P-322/2009

About compliance of the Constitution of the Republic of Belarus of the Law of the Republic of Belarus "About the state protection"

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., Ryabtseva L.M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P., Shuklin V. Z.

based on part one of article 116 of the Constitution of the Republic of Belarus, subitem 1.1 of Item 1 and Item 3 of the Decree of the President of the Republic of Belarus of June 26, 2008 No. 14 "About some measures for enhancement of activities of the Constitutional Court of the Republic of Belarus"

considered in proceeding in open court according to the procedure of mandatory preliminary control constitutionality of the Law of the Republic of Belarus "About the state protection".

Having heard the judge-speaker Danilyuk of Page E., having analyzed regulations of the Constitution of the Republic of Belarus (further - the Constitution), the Law of the Republic of Belarus "About the state protection", other legal acts, the Constitutional Court of the Republic of Belarus established:

The law of the Republic of Belarus (further the Law) is adopted "About the state protection" by the House of Representatives of National assembly of the Republic of Belarus on April 2, 2009, approved by Council of the Republic of National assembly of the Republic of Belarus on April 23, 2009 and provided to the President of the Republic of Belarus for the signature.

The law is drafted for the purpose of enhancement of legal regulation of the relations in the field of safety of protected persons and the protected objects taking into account law-enforcement practice, and also approval of its regulations of other laws and regulatory legal acts of the Head of state.

The considered Law keeps structure and the main conceptual approaches of the Law of the Republic of Belarus of June 11, 1998. "About the state protection", and also it will be approved with basic provisions of the Model law "About the State Protection" approved by the Resolution of Inter-parliamentary Assembly of the State Parties of the CIS of November 16, 2006 No. 27-6.

New are enshrined in the Law and earlier used determinations of the most important concepts in the field of the state protection, for example "safety of the protected person", "safety of the protected object", "the state protection", "security action", etc. are specified (Article 1);

legal and organizational basis of the state protection (Article 2, 4-6), the list of protected persons (Article 7), the main objectives, obligations and the rights of body of the state protection is concretized (Article 14-16), legal status of staff of this body (Article 22-28);

the list of the principles of implementation of the state protection is supplemented (Article 3);

legal basis of safety of protected persons of foreign states during their stay in the territory of the Republic of Belarus is determined (Article 11) which already found reflection in the Agreement on the interaction of the State Parties of the Commonwealth of Independent States on safety of persons which are subject to the state protection, signed by heads of states in Bishkek on October 10, 2008.

When checking constitutionality of the Law the Constitutional Court proceeds from the following.

According to part three of article 1 of the Constitution the Republic of Belarus protects the independence and territorial integrity, the constitutional system, provides legality and law and order. In part two of article 59 of the Constitution it is determined that 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.

According to article 79 of the Constitution the President of the Republic of Belarus is the Head of state, the guarantor of the Constitution, rights and freedoms of man and citizen (part one); The President has immunity, his honor and advantage are protected by the law (part three). For direct ensuring activities of the President of the Republic of Belarus (including implementation of the state protection), and also realization of its powers the President has the right to create state bodies (articles 34 and 37 of the Law of the Republic of Belarus "About the President of the Republic of Belarus").

According to article 13 of the checked Law the Presidential Security Service of the Republic of Belarus - specially authorized state body which performs the state protection within the competence directly provides activities of the President of the Republic of Belarus and submits to it. The body of the state protection is a part of the system ensuring national security of the Republic of Belarus and is the state body formed, reorganized and abolished by the President of the Republic of Belarus in which the military service is provided.

According to the Law the state protection along with the President of the Republic of Belarus and members of his family is provided also to the Prime Minister of the Republic of Belarus, chairmen of the board of the Republic and the House of Representatives of National assembly of the Republic of Belarus, Chapters of foreign states and the governments, members of their families and other foreign state, political (public) figures during stay in the territory of the Republic of Belarus, and also to the other persons determined by the President of the Republic of Belarus (Article 7-11).

Taking into account emergence of new safety hazards of protected persons and objects in the Law the rights and obligations of body of the state protection, part of which was enshrined in acts of the Head of state earlier, are specified.

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