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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of May 4, 2009 No. P-326/2009

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 Armed Forces of the Republic of Belarus"

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 Armed Forces of the Republic of Belarus".

Having heard the judge-speaker Chigrinov S. P., having analyzed provisions of the Constitution of the Republic of Belarus (further - the Constitution), the Law of the Republic of Belarus "About modification and amendments in the Law of the Republic of Belarus "About Armed Forces of the Republic of Belarus", 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 Armed Forces of the Republic of Belarus" (further - the Law) is adopted about modification by the House of Representatives of National assembly of the Republic of Belarus on April 15, 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 Armed Forces of the Republic of Belarus" which:

the structure of Armed Forces, other troops and military forming of the Republic of Belarus, task and the principles of activities of Armed Forces, functions of the Ministry of Defence, the General Staff of Armed Forces are specified;

article about legal and social protection is reworded as follows Armed Forces;

the list of sources of financing of Armed Forces extends;

the legal position of bodies of military management, connections, military units and military commissariats is determined.

The law makes also other changes directed to enhancement of legal regulation of the organization and activities of Armed Forces.

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

According to part three of article 1 of the Constitution protection of independence and territorial integrity of the Republic of Belarus is the most important task of the state. The solution of this task is promoted by realization of the constitutional regulations according to which protection of the Republic of Belarus - obligation and holy duty of the citizen of the Republic of Belarus (part one of article 57 of the Constitution); The President of the Republic of Belarus takes measures for protection of sovereignty of the Republic of Belarus, its homeland security and territorial integrity (part two of article 79 of the Constitution).

The Republic of Belarus has supremacy and completeness of the power in the territory, independently performs domestic and foreign policy (part two of article 1 of the Constitution). The constitutional court notes that sovereignty of the Republic of Belarus is one of the major constitutional values and only in the independent sovereign state citizens of the Republic of Belarus can realize in full the personal, political, social and economic and cultural rights and freedoms.

Protection of the state against external military threats is impossible without modern and mobile national Armed Forces. Realization of the constitutional tasks in the field of military construction is predetermined by Item 28 of article 84 of the Constitution according to which the President of the Republic of Belarus is the Commander-in-chief of Armed Forces of the Republic of Belarus, appoints to positions and dismisses the high command of Armed Forces.

The constitutional court considers that the changes provided by the Law and additions made to the Law of the Republic of Belarus "About Armed Forces of the Republic of Belarus" promote more exact and complete definition of structure and functions of Armed Forces, the status of bodies of military management, connections and military units. These changes and amendments need to be considered as legal basis of improvement of functioning of Armed Forces and, therefore, strengthening of defense capability of the Republic of Belarus. On the content they do not contradict the Constitution.

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 fixed by articles 97-99 of the Constitution.

Thus, the Constitutional Court comes to conclusion that it on content of regulations, act form, procedure for its acceptance, and also from the point of view of differentiation of competence between state bodies in case of adoption of the act Law corresponds to the Constitution.

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