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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of May 4, 2009 No. P-325/2009

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 traffic"

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 traffic".

Having heard the judge-speaker Ryabtsev L. M., 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 traffic", 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 traffic" (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.

The law makes changes and additions to the Law of the Republic of Belarus "About traffic" according to which:

regulations about powers of Council of Ministers of the Republic of Belarus regarding determination of procedure for state registration, the state accounting and the state technical inspection of vehicles, self-propelled machines, and also procedure for issue of the certificate of the validity to control of motorized vehicles, self-propelled machines are reworded as follows;

powers of Council of Ministers of the Republic of Belarus by means of fixing of the regulations establishing procedure for issue by diagnostic stations of permissions to carrying out the state technical inspection of vehicles, registration of the vehicles used for transportation of dangerous goods, the admission of the vehicles to transportation of dangerous goods and also regulating other questions extend;

separate powers of the Ministry of Transport and Communications of the Republic of Belarus, the Ministry of Agriculture and Food of the Republic of Belarus, the Ministry of Emergency Situations of the Republic of Belarus in the field of traffic are transmitted to competence of Council of Ministers of the Republic of Belarus, at the same time power on establishment of the amount of payment for training in control of the motorized vehicle is excluded from competence of Council of Ministers of the Republic of Belarus;

the procedure for medical re-examination of persons deprived of the right of control of motorized vehicles, self-propelled machines in case of recovery of such right by establishment of term is concretized - not earlier than before one month before the expiration of deprivation of the right of control of motorized vehicles, self-propelled machines;

the addition determining features of participation in traffic of motorized vehicles, trail cars to them, the chassis of vehicles is made.

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

Adoption of law is caused by need of enhancement and approval of the provisions of the law "About traffic" with provisions of the Law of the Republic of Belarus "About bases of ministerial procedures" (regarding refining of the bodies authorized on implementation of ministerial procedures, and also procedure for their implementation), the Law of the Republic of Belarus "About pricing", and also with the new approaches in the field of legal regulation of traffic provided by the Presidential decree of the Republic of Belarus of February 28, 2008 No. 131 "About modification of presidential decrees of the Republic of Belarus of May 19, 1999 No. 285 and of November 28, 2005 No. 551" and the Presidential decree of the Republic of Belarus of December 4, 2008 No. 663 "About some questions of participation in traffic of vehicles (the chassis of vehicles)".

The constitutional court considers that changes and additions made to the Law "About Traffic" are directed to improvement of legal and organizational basis of traffic for the purpose of increase in efficiency of functioning of authorized bodies of public administration, safety of participants of traffic, protection of life and health of physical persons, and also protection of the rights, legitimate interests and property of physical persons and legal entities. On the content they do not contradict regulations and the principles of the Constitution according to which the state, all its bodies and officials for the purpose of ensuring the principle of supremacy of law are effective within the Constitution and acts of the legislation adopted according to it (parts one and the second Articles 7); the state shall take all measures available to it for creation of the internal procedure necessary for complete implementation of the rights and freedoms of citizens (Article part one 59).

The Law meets for form of regulatory legal act the requirements of part one of Article 15 and part one of article 16 of the Law of the Republic of Belarus "About regulatory legal acts of the Republic of Belarus".

The procedure for adoption of law corresponds to provisions of articles 97-100 of the Constitution. Subjects of legislative process in case of adoption of law acted within the competence provided to them.

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