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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of June 8, 2009 No. P-338/2009

About compliance of the Constitution of the Republic of Belarus of the Law of the Republic of Belarus "About ratification of the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Turkey about cooperation and mutual aid in customs affairs"

Constitutional court of the Republic of Belarus as a part of the chairman - the vice-chairman of the Constitutional Court 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. 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 ratification of the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Turkey about cooperation and mutual aid in customs affairs".

Having heard the judge-speaker Tikovenko A. G., having analyzed provisions of the Constitution of the Republic of Belarus (further - the Constitution), the Customs code of the Republic of Belarus, the Law of the Republic of Belarus "About international treaties of the Republic of Belarus" and the Law of the Republic of Belarus "About ratification of the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Turkey about cooperation and mutual aid in customs affairs", the Constitutional Court of the Republic of Belarus established:

The law of the Republic of Belarus "And the Government of the Republic of Turkey about cooperation and mutual aid in customs affairs" (further - the Law) is adopted about ratification of the Agreement between the Government of the Republic of Belarus by the House of Representatives of National assembly of the Republic of Belarus on May 15, 2009, approved by Council of the Republic of National assembly of the Republic of Belarus on May 29, 2009 and provided to the President of the Republic of Belarus for the signature.

The law is the act of expression of consent of the Republic of Belarus to obligation for it of the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Turkey of cooperation and mutual aid in customs affairs (further - the Agreement) signed in Minsk on November 11, 2008 for the purpose of development of bilateral mutually beneficial relations in the customs sphere.

Number of provisions of articles of the Agreement provides exchange between customs administrations of the states which signed it, information concerning the collections of duties, taxes, charges, movement of goods, the actions made or planned which constitute or can constitute violation of the customs legislation.

At the same time according to Item 2 of Article 7 of the Customs code of the Republic of Belarus customs authorities have no right to disclose, trade on or transfer to the third parties, including state bodies, information constituting the state secrets, the commercial, bank, tax, protected by the law other secret, or other confidential information, except as specified, established by this Code, other laws and (or) acts of the President of the Republic of Belarus.

In paragraph three of article 19 of the Law "About International Treaties of the Republic of Belarus" it is determined that ratifications are subject the interstate and intergovernmental agreements determining other rules, than those which contain in the laws of the Republic of Belarus, decrees and presidential decrees of the Republic of Belarus.

Thus, the consent of the Republic of Belarus to obligation of the Agreement for it can be expressed only by ratification in the form of the law that corresponds to provisions of articles 19 and 20 of the Law "About International Treaties of the Republic of Belarus".

The law is adopted by the House of Representatives of National assembly of the Republic of Belarus within powers according to Item 2 parts one of article 97 of the Constitution, approved by Council of the Republic of National assembly of the Republic of Belarus according to Item of 1 part one of article 98 of the Constitution.

Based on stated the Constitutional Court considers that the Law on content of regulations, form of the act and procedure for acceptance corresponds to 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

 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:

1. Recognize the Law of the Republic of Belarus "About ratification of the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Turkey about cooperation and mutual aid in customs affairs" corresponding to the Constitution of the Republic of Belarus.

2. This decision becomes effective from the date of acceptance.

3. Publish this decision according to the legislation.

 

The presiding vice-chairman of the Constitutional Court of the Republic of Belarus

A. V. Maryskin

 

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