The Bulletin of the Constitutional Court of the Republic of Belarus "Vestnik Konstitutsionnogo Suda Respubliki Belarus" is the regular official quarterly publication of the Constitutional Court of the Republic of Belarus since 1994.
CONTENTS
Official Materials and Decisions
of the Constitutional Court
of the Republic of Belarus
Summary:
The Constitutional Court of the Republic of Belarus has examined the applications
of citizens concerning temporary disability allowance.
The subject to examination by the Constitutional
Court was Resolution of the Council of Ministers of the Republic of Belarus
of 30 September 1997 No. 1290 (in wording of Resolution of the Council of Ministers
of the Republic of Belarus of 4 April 2002 No. 421, with alterations and addenda
of 12 December 2003 No. 1606) which approved Provision on procedure of securing
temporary disability allowances and maternity (hereinafter is also referred
to as Provision).
The specified Provision fixed the procedure of
securing temporary disability allowances (except for temporary disability allowance
concerning occupational diseases and accidents). According to common procedure
of calculation of temporary disability allowance which is stipulated in point
31 of Provision, temporary disability allowances shall be calculated in accordance
with average daily (per hour) payment for 2 calendar months prior to the month
of emerging temporary disability, maternity leave.
In the process of study of the application,
it was found that for the individual entrepreneurs there is the specification
of another approach to calculation of temporary disability allowances (part
one of point 39 of Provision), as well as another approach to fixation of maximum
rates of the allowances in question (part three of point 39 of Provision).
Having analyzed other legislative acts in the
given sphere, the Constitutional Court has also ruled that individual entrepreneurs
alongside with employers, other working citizens, as well as other natural persons
who pay themselves compulsory insurance premium to the state insurance funds
shall participate in making the funds of the state social insurance under conditions
and in the way stipulated by the acts of legislation.
On the grounds of the stated above, the Constitutional
Court found point 39 of Provision to be incompatible with the principle of equality
of the citizens of the Republic of Belarus in the right to state social insurance
regardless of social status and occupation and to be not in line with Articles
22 and 23 of the Constitution enshrining that all shall be equal before the
law and have the right without discrimination to equal protection of their rights
and legitimate interests; restrictions of personal rights and liberties shall
be permitted only in the instances specified in law, in the interest of national
security, public order, the protection of the morals and health of the population
as well as rights and liberties of other citizens.
The Constitutional Court has proposed the Council
of Ministry of the Republic of Belarus for the purposes of realization of the
regulations stipulated in Articles 22, 23 and 47 of the Constitution of the
Republic of Belarus to secure equal approach to regulation of the procedure
of calculation and payment of temporary disability allowances with respect to
all persons who are subject to compulsory state social insurance irrespective
of their occupation.
Summary:
The Constitutional Court of the Republic of Belarus
has examined the issue on improvement of housing legislation in part of passing
the living accommodations into the ownership in place of living accommodations
in a tenement-house that are found to be unfit for habitation. The Constitutional
Court has proposed the House of Representatives of the National Assembly of
the Republic of Belarus to stipulate in the Housing Code the proper legal regulation
of the procedure of and the grounds (conditions) for passing the living accommodations
in cases of finding the living accommodations in the tenement-house and owned
by citizens to be at variance with the specified for habitation sanitary and
technical requirements and unfit for habitation due to their emergency condition
or wear and tear.
The Constitutional Court emphasized that the
procedure and grounds (conditions) for finding the living accommodations to
be unfit for habitation as regards sanitary and technical requirements, as well
as legal consequences of such a finding were not stipulated in the Housing Code
and shall be subject to regulation at the level of by-laws, and that makes quandaries
while their applying in practice.
Thus, the content of Article 105 of the Housing
Code shall stipulate that the owner of the living accommodation in a tenement-house
shall be passed in place of this living accommodation another living accommodation
into the ownership jointly with the members of his/her family only in instances,
if the house (living accommodation) is: under emergency condition or threatens
to collapse; subject to re-equipment as the house that is not fit for habitation;
subject to demolition due to withdrawal of the plot of land for the state needs.
However, the specified Article contains the list of grounds (conditions), legal
consequences for re-equipment of such a living accommodation into the accommodation
that is not fit for habitation, as well as finding this living accommodation
to be under emergency condition or threatens to collapse.
Absence of the indicated rules shall give rise
the impediments while solving the issues as regards assigning the living accommodations
into the ownership in place of living accommodations found to be unfit for habitation.
Moreover, the Constitutional Court has paid
attention that the legal regulations and decisions based thereon must be grounded
on the principles of reasonableness with maximum consideration of private and
public interests and, therefore, has proposed the law-maker to stipulate the
rule, under which, at the will of the owner, he/she may be allotted the living
accommodation of a greater size with the payment for the space that is over
the size of the living accommodation occupied previously and found to be unfit
for habitation.
Citizen lodged an appeal with the Constitutional Court
On taking recourse against oblast executive
committee for available goods
On licensing guard activities
On transactions among citizens with use of foreign
currency
On right to disposal of the plot of land
On registration of a dwelling house, financing
of heavy repairs
On compulsion to conclude the contracts of energy
supply
On making housing and communal payments
On recovery from the persons who are guilty of
automobile accidents of expenses of establishments of medical treatment
On identifying numbers in passport of citizen
On calculation of period of service or occupational
life while awarding pension
On payment of underpaid pension due to expiry
of the term of residence permit
On right of a person to receive pension for a
foreign citizen
Scientific information
Article considers the issues of suspension and repeal of legal acts. Author
pays attention to the necessity of observance of the rules in the field of law
making process.
Under emphasis there are the consequences of
repeal or suspension of the acts, there are the proposals as regards the improvement
of the legislation and practice of its application in the given sphere.
The present paper is devoted to the study of
the issues related to the principles of the civil law. Without going into the
frames of the approach of strictly definite branch, author makes analysis of
correlation of the specified principles with the constitutional principles.
Article is both of scientific and applied nature: theoretical outcome shall
be supported by concrete proposals as regards improvement of the civil legislation.
Article makes analysis of legal nature of inner
organizational relations arising in legal entities created by two and more participants
(founders). The main result of the study is the conclusion about complex nature
of the given relations that incorporate private legal and public legal elements,
and that in its turn shall make it possible to specify the general algorithm
of their legal regulation.
Article considers the principle of equal
citizenship that is still insufficiently explored in scientific literature.
Analysis of enforceable enactments regulating
relations in the given sphere is related to the examination of the practice
of the Constitutional Court of the Republic of Belarus, in particular, its legal
position concerning the terms "citizen of the Republic of Belarus by birth"
and "citizen of the Republic of Belarus who resides in the Republic of
Belarus".
The present paper is devoted to the comprehensive
investigation of constitutional principles and international legislation of
public participation in environmental decision-making. On the basis of the comparative
analysis, author comes to the conclusion that the national legislation corresponds
to the international one in the sphere of political rights of citizens, concerning
public participation in environmental decision-making.
Securing the labour discipline is considering
in the context of realization of the constitutional obligation of the state
to take all available measures at its disposal for carrying out the rights and
freedoms of citizens.
Issues of keeping labour discipline at the level
that is necessary for proper solution of production and other tasks of the employer,
as one of the conditions for normal functioning of organizations shall be considered
in the light of making possible alterations in the labour legislation.
The registration of marriage in the registry
office, one of the main legal ways of the defense of marriage, is revealed in
the article. Author of the article gives statistical facts that confirm the
fall of the marriage and family prestige in the society. Author gives various
points of view of different scientists to the question of possibility and expediency
of legal regulation of relationships between people living together out of wedlock.
Author is making an effort to consider some
issues related to the use of one of the methods of the extra substitute reproduction
— mock maternity.
Article considers the history of use of the
programs of the mock maternity in the world, studies legal aspects of the given
institute in the Russian Federation, evaluates certain norms that regulate the
issues of use of mock maternity.
Special attention is given the issues of legal
regulation of the institute of mock maternity in the Republic of Belarus, taking
into account the forthcoming alterations in the Family Code of the Republic
of Belarus.
Philosophy of law
Article considers the issues of legal personalism
that have little coverage in scientific publications of Belarusian authors,
in spite of the fact that the law understanding oriented to the democratic values
shall become actual, including due to strengthening the principles of the state
ruled by law in the Constitutions of the majority of European countries.
Author advances the idea that the social meaning
of the law shall increase simultaneously the practical essence of law understanding,
in view of the fact that it determines the substance of the state policy aimed
at realization of imperatives of the given law.
Experience of bodies of constitutional control of foreign states
Article studies the formation of the institute
of constitutional control in Poland during the period of democratization of
society, as well as the relevant alterations of the Constitution of Poland and
the current legislation.
The majority of the issues are connected with
the relevant aspects of the legal status and activities of the Constitutional
Court of the Republic of Belarus.
News of science
Round table "Direct effect of the Constitution as the most important factor
of development of the state ruled by law"
International relations of the Constitutional Court of the Republic of Belarus
V.Z. Shuklin. X Yerevan International Conference (30 September - 1 October 2005)
V.I. Zhishkevich. III International Conference of Secretaries General of Constitutional
Courts and Courts of Equivalent Jurisdiction in Bled, Slovenia
(29 - 30 September 2005)
V.I. Seledevsky. International Conference "Internalization of Public Law"
in Athens, Greece (16 - 17 September 2005)
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