SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of December 11, 2013 No. P-877/2013

About legal regulation of procedure for the dispute resolution, the labor accidents connected with investigation

Constitutional court of the Republic of Belarus as a part of the chairman-chairman of the Constitutional Court Miklashevich P. P., 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:

The Supreme Court of the Republic of Belarus - Zabara A. A., vice-chairman of the Supreme Court of the Republic of Belarus;

The Prosecutor General's Office of the Republic of Belarus - A.K. Knock, the deputy attorney general of the Republic of Belarus;

Ministries of Labour and Social Protection of the Republic of Belarus of Starovoytov I. G., deputy minister of work and social protection of the Republic of Belarus;

The Ministries of Justice of the Republic of Belarus - Shpak A. S., the chief of head department of rule-making activities in the field of the state construction of the Ministry of Justice of the Republic of Belarus;

Federations of trade unions of Belarus - Shelkovich V. I., chief of the head legal department of the office of the Federation Council of labor unions of Belarus,

considered in judicial session question of availability of legal uncertainty in regulation of procedure for the dispute resolution, the labor accidents connected with investigation.

Having analyzed provisions of the Constitution of the Republic of Belarus (further - the Constitution), the Labor code of the Republic of Belarus (further - shopping mall), the Code of civil procedure of the Republic of Belarus (further - GPK), Rules of investigation and accounting of the labor accidents and occupational diseases approved by the resolution of Council of Ministers of the Republic of Belarus of January 15, 2004 No. 30 (further - Rules), and other acts of the legislation of the Republic of Belarus, the opinions of the interested state bodies and other organizations stated in writing, the Constitutional Court established the following.

1. Studying of line items of state bodies and other organizations demonstrates different approaches to understanding of provisions of the legislation regulating procedure for the dispute resolution, the labor accidents connected with investigation.

So, the Supreme Court of the Republic of Belarus notes that the part two of Article of 241 shopping mall determines categories of the employment disputes considered directly in court without appeal to the commission on employment disputes, among which disputes over statements of workers on refusal of the employer in creation of the act of accident or in case of disagreement with its content. Along with it the preliminary extrajudicial procedure for consideration of the claim to the conclusion of the state inspector of work established by Rules as control of creation by the employer of healthy and safe working conditions, taking measures to decrease in professional risk and level of industrial traumatism is assigned to bodies of work and social protection is justified. Due to stated, according to the Supreme Court, legal uncertainty in regulation of procedure for the dispute resolution connected with investigation of labor accidents is not available.

The Prosecutor General's Office of the Republic of Belarus specifies that interested persons in case of disagreement with refusal of the employer in creation of the act of accident or disagreement with its content have the right to apply for permission of the arisen dispute directly in court (Item 6 parts two of Article of 241 shopping mall) or to the state inspector of work (Item 78 Governed). At the same time the conclusion of the state inspector of work about labor accident is subject to appeal according to the procedure of subordination to the corresponding officials of State Labour Inspection then - in court. The Prosecutor General's Office does not see need of modification of Rules.

The Ministry of Justice of the Republic of Belarus considers that the procedure for permission of disagreements (disputes) over statements of workers on refusal of the employer established by the legislation in creation of the act of accident or disagreement with its content does not provide obligatory preliminary extrajudicial permission of case. Item 78 of Rules establishes the right (but not obligation) the worker on extrajudicial dispute settlement about refusal of the employer in creation of the act of accident or disagreement with its content, and Item 6 parts two of Article of 241 shopping mall the right to its judicial review in this connection by the Ministry of Justice of need of adjustment of Rules it is not seen.

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