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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of May 4, 2009 No. P-323/2009

About compliance of the Constitution of the Republic of Belarus of the Law of the Republic of Belarus "About modification and amendments in the Law of the Republic of Belarus "About the status of the deputy of local council of deputies"

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 modification and amendments in the Law of the Republic of Belarus "About the status of the deputy of local council of deputies".

Having heard the judge-speaker Maryskin A. V., having analyzed provisions of the Constitution of the Republic of Belarus (further - the Constitution) and the Law of the Republic of Belarus "About modification and amendments in the Law of the Republic of Belarus "About the status of the deputy of local council of deputies", the Constitutional Court of the Republic of Belarus established:

The law of the Republic of Belarus "And amendments in the Law of the Republic of Belarus "About the status of the deputy of local council of deputies" (further - the Law) is adopted about modification 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.

Adoption of law is sent for approval of number of the provisions of the law of the Republic of Belarus "About the status of the deputy of local council of deputies" with regulations of the Labor code of the Republic of Belarus, presidential decrees of the Republic of Belarus of October 15, 2007 No. 498 "About additional measures for work with addresses of citizens and legal entities" and of March 18, 2008 No. 159 "About procedure for issue and use of official IDs", the solution of the Constitutional Court of the Republic of Belarus of December 14, 2005. "About the right of deputies of local councils of the deputies to compensation for expenses connected with their activities". This Law is adopted for ensuring deputy powers and proper guarantees of deputy activities.

The law more fully determines material security of deputy activities and the entitlement to compensation of expenses to deputies of local councils of deputies including not working at the basis of the employment contract (contract), in case of their departure for implementation of activities of the deputy of local council of deputies out of limits of the residence (the area, the city) on expense recovery regulations is concretized in case of official journeys at the expense of the local budget; number of the regulations connected with consideration by deputies of addresses of citizens is added with regulations on consideration of addresses including legal entities; edition of the regulations determining powers of the President of the Republic of Belarus concerning issue of official IDs and organization of breastplates of deputies of local councils of deputies is specified; concerning chairmen of local councils of deputies the regulation that time of their work in local council of deputies is set off in length of service and years of service of public service according to legal acts, and also in length of service (services) in the specialty according to the legislation is more precisely formulated.

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

According to part one of article 3 of the Constitution the people perform the power directly, through representative and other bodies in the forms and limits determined by the Constitution. In part one of article 37 of the Constitution it is determined that citizens of the Republic of Belarus have the right to participate in the solution of public affairs as it is direct, and through freely elected representatives.

Deputies of local councils of deputies, being representatives of citizens, are part of local representative bodies and at the same time local government bodies - local councils of deputies who based on article 118 of the Constitution are elected citizens of the corresponding administrative and territorial units.

For the purpose of providing the rights of the voters, participation in adoption of decisions by local council of deputies concerning local value, proceeding from interests of local population and state interests, deputies of local councils of deputies based on the Law "About the Status of the Deputy of Local Council of Deputies" are allocated with appropriate authority and guarantees of their realization.

The procedure for adoption of law corresponds to Constitution provisions according to which drafts of the laws on local self-government are considered in the House of Representatives of National assembly of the Republic of Belarus and go for approval or variation to Council of the Republic of National assembly of the Republic of Belarus (Item 2 parts one of Article 97, Item of 1 part one of Article 98). Chambers of National assembly of the Republic of Belarus in case of adoption of law were effective within the competence provided by articles 97-100 of the Constitution.

The constitutional court considers that on content, form and procedure for acceptance the Law does not contradict the Constitution.

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