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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of May 4, 2009 No. P-324/2009

About compliance of the Constitution of the Republic of Belarus of the Law of the Republic of Belarus "About modification and amendments in some laws of the Republic of Belarus concerning social protection of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents"

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 some laws of the Republic of Belarus concerning social protection of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents".

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 some laws of the Republic of Belarus concerning social protection of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents" the Constitutional Court of the Republic of Belarus established:

The law of the Republic of Belarus "And amendments in some laws of the Republic of Belarus concerning social protection of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents" (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 directed to reduction of number of earlier adopted laws of the Republic of Belarus in compliance with the Law of the Republic of Belarus of January 6, 2009. "About social protection of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents". The checked Law makes changes and additions to nine other laws of the Republic of Belarus.

In the Law categories of the citizens evacuated, who are settled out, independently left from the territory of radioactive pollution to whom privileges on payments for the earth extend are determined; categories of the citizens who were affected by catastrophic crash on the Chernobyl NPP to which the state provides the additional guarantees connected with the privilege to leaving at work when reducing number or staff of workers, provision of labor and social leaves, and also additional guarantees to persons working or constantly (mainly) living in the territory of radioactive pollution are specified; are provided to some categories of persons who were taking part in works on mitigation of consequences of catastrophic crash on the Chernobyl NPP, privileges on payment of the state fee - for witnessing of fidelity of copies of the documents necessary for provision of privileges, and others. In a row the laws also the changes having referential nature or directed to refining of terminology and its reduction in compliance with the Law of the Republic of Belarus "About social protection of the citizens who were affected by catastrophic crash on the Chernobyl NPP, other radiation accidents" are made.

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

The Republic of Belarus according to article 1 of the Constitution is proclaimed the constitutional state in which the principle of supremacy of law (part one of article 7 of the Constitution) is established. The state, all its bodies and officials are effective within the Constitution and acts of the legislation (part two of article 7 of the Constitution) adopted according to it. According to the Constitutional Court, realization of the principle of supremacy of law is in many respects connected with creation of such system of law in case of which regulatory legal acts will be approved among themselves and there are no legal collisions. Article 9 of the Law of the Republic of Belarus "About regulatory legal acts of the Republic of Belarus" carries to number of the general requirements imposed to regulatory legal acts including coordination of regulatory legal act with other regulatory legal acts.

The procedure for adoption of law corresponds to Constitution provisions according to which drafts of the laws on the main content and the principles of implementation of the rights, freedoms and obligations of citizens 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.

Being guided by parts one, the seventh article 116 of the Constitution of the Republic of Belarus, parts eight, the thirteenth, fourteenth article 24 of the Code of the Republic of Belarus about judicial system and the status of judges, 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", the Constitutional Court of the Republic of Belarus DECIDED:

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