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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of November 28, 2012 No. P-779/2012

About the right of workers to expense recovery on journey in case of official journeys

Constitutional court of the Republic of Belarus as a part of the chairman-chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Sergeyeva O. G., Boyko T. S. judges., Voronovich T. V., Danilyuka of Page E., Izotko V. P., Kozyrevoy L.G., Podgrusha V. V., Ryabtseva L.M., Tikovenko A. G., Chigrinova S. P.

based on part eight of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges

according to the procedure of realization of the right to introduction to the President of the Republic of Belarus, in chambers of National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies according to their competence of offers on need of entering into acts of the legislation of changes and (or) amendments

with participation of representatives of the Ministry of Labour and Social Protection of the Republic of Belarus, the Ministry of Finance of the Republic of Belarus, the Ministry of Justice of the Republic of Belarus, the Prosecutor General's Office of the Republic of Belarus, Federation of trade unions of Belarus

considered in judicial session question of the right of workers to expense recovery on journey in case of official journeys.

In the addresses arriving in the Constitutional Court citizens put question of illegality of normative provisions according to which expenses on journey to the place of official journey and back are not compensated without submission of tickets and other documents in the original.

Having analysed provisions of the Constitution of the Republic of Belarus (dalee-Konstitution), the Labor code of the Republic of Belarus (further - the Labor code) and other acts of the legislation, and also the line item of number of state bodies and other organizations stated in replies to the requests of the Constitutional Court, the Constitutional Court of the Republic of Belarus established the following.

1. State bodies and other organizations express various points of view on legitimacy of the Ministry of Finance of the Republic of Belarus and the Ministry of Labour and Social Protection of the Republic of Belarus of legal regulation established by the relevant resolutions according to which expenses on journey to the place of official journey are not subject to compensation and back in case of non-presentation of authentic travel documents.

So, the Ministry of Labour and Social Protection, specifying conditionality of need of submission of supporting documents about the traveling expenses made by the worker the procedure for conducting cash transactions established in the Republic of Belarus, allows possibility of cost recovery of journey based on officially verified copy of the document confirming the fact of acquisition of the ticket and journey of the worker.

The Ministry of Finance considers that compensation to the worker of expenses on journey to the place of official journey and is back perhaps exclusive in case of representation to them of originals of the travel documents confirming the incurred expenses on journey.

According to the Ministry of Justice of the Republic of Belarus, compensation to the worker of expenses on journey to the place of official journey and back based on authentic travel documents does not contradict regulations of the Labor code, but compensation of such expenses is possible also on other bases established in the course of enhancement of regulations of the legislation taking into account practice of its application.

The Supreme Court of the Republic of Belarus believes that regulatory legal acts of the Ministry of Finance and Ministry of Labour and Social Protection which provisions regulate compensation for expenses on journey to the place of official journey and back are accepted within the competence provided to these bodies and questions in law-enforcement practice are not raised.

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