CONTENTS

Official Materials and Decisions
of the Constitutional Court
of the Republic of Belarus

• Decision of the Constitutional Court of the Republic of Belarus of 24 April 2003 No. D-156 "On legal regulation of payment of national duty while examining labour disputes"

Summary
     The given Decision gives analysis of provisions of the enforceable enactments on payment of the national duty while appealing to the bodies of the Procurator's Office with the complaint of supervision against a judicial ruling on a labour dispute.
      The Constitutional Court has found that, notwithstanding the requirement of the Labour Code of the Republic of Belarus on the fact, that, while examining labour disputes the employees shall be exempted from payments of legal costs, there have been made no relevant addenda to the Law "On national duty" and this Law has not been brought into line with the Labour Code. Therefore, the national duty is subject to collection while appealing of citizens to the bodies of the Procurator's Office with the complaints of supervision against judicial rulings on labour disputes.
      The Constitutional Court has come to the conclusion, that effective legislation on the national duty shall have contradictions and, therefore, it is in need of improvement for the purposes of more full protection of the rights of citizens and the interests of the State. The Constitutional Court deems that the issue on payment of the national duty on labour disputes while appealing to different instances (the court of law or the Prosecutor's Office) should be regulated in a single manner in the legislation taking into account the provisions of the Labour Code stipulating exemption of employees from payment of legal costs while examining labour disputes.
     In this connection the National Assembly of the Republic of Belarus has been proposed to make necessary alterations and addenda into the Law "On national duty", as well as into other enforceable enactments in order to remove from them contradictions and gaps.

• Judgment of the Constitutional Court of the Republic of Belarus of 26 May 2003 No. J-157 "On the conformity to the Constitution of the Republic of Belarus of Article 5 of the Law "On public health", Resolution of the Cabinet of Ministers of the Republic of Belarus of 27 August 1996 No. 566 "On paid forms of medical aid and health facilities rendered in the State public health establishments" and Resolution of the Council of Ministers of the Republic of Belarus of 28 June 2002 No. 871 "On approval of Provision on the procedure of rendering paid health facilities in the State public health establishments"

Summary
     The Constitutional Court of the Republic of Belarus has closed consideration of the case on the constitutionality of Article 5 of the Law "On public health", Resolutions of the Government of 27 August 1996 No. 566 "On paid forms of medical aid and health facilities rendered in the State public health establishments" and of 28 June 2002 No. 871 which had approved the Provision on the procedure of rendering paid health facilities in the State public health establishments.
     The proceedings on the specified case been brought by the Constitutional Court of 3 December 2002 as a result of the proposal of the House of Representatives of the National Assembly.
     The Court session of 3 March 2003 has suspended the proceedings as a result of the motion of the party on the case the Council of Ministers - due to the necessity of additional study of the materials and the facts of the case, as well as due to the planning consideration of the given issue at the session of Presidium of the Council of Ministers concerning rendering medical aid and paid services, including health facilities.
     In the process of the hearing of the case of 26 May 2003 the Constitutional Court has emphasized that Resolution of the Government of 25 April 2003 No. 556 has approved new Provision on the procedure of rendering paid health facilities in the State public health establishments and new List of paid health facilities rendered in the State public health establishments. The specified enforceable enactment has also found to be invalid Resolutions of 27 August 1996 No. 566 and of 28 June 2002 No. 871 with regards which there has been made the proposal on verification of their constitutionality. In this connection the proceedings on the case with respect to the specified Resolutions were subject to termination under the Law "On the Constitutional Court of the Republic of Belarus" and the Rules of Procedure of the Constitutional Court.
      At the same time, the Constitutional Court has taken the following to the consideration. First of all, new List of paid health facilities rendered in the State public health establishments has reduced almost twice (in comparison with previously effective List) the number of the facilities in question. Moreover, paid health facilities are additional the to the scope of free medical aid guaranteed by the State. They are rendered at will of a citizen on the grounds of the concluded agreement in written form of paid rendering of health facilities.
     Article 5 of the Law "On public health" has been subject to verification and was found to be in line with the Constitution. At the Same time, attention has been paid to the fact the given Law is in need of specification of a number of the terms and notions using in it and that shall entail its multi-valued understanding and application.
     The Constitutional Court in its Judgment has ruled: for the Council of Ministers to secure execution of the laws "On public health", "On State minimal social standards" for the purposed of more full realization by citizens of the constitutional right to health protection.

• Decision of the Constitutional Court of the Republic of Belarus of 5 June 2003 No. D-158 "On constitutionality of sub-item 1.4 of point 1 and sub-item 2.4 of point 2 of Decision of Novopolotsk city Council of deputies of 28 June 2002 No. 83 "On setting of local dues and on approval of provisions on the procedure of calculation and payment of local dues imposed for 2002"

Summary
     Decision of the Constitutional Court of the Republic of Belarus has found to be at variance with Article 121 of the Constitution and with Article 10 of the Law "On budget of the Republic of Belarus 2002" the legal norms of Decision of Novopolotsk city Council of deputies of 28 June 2002 No. 83 "On setting of local dues and on approval of provisions on the procedure of calculation and payment of local dues imposed for 2002" on setting local due for the right to deliver hydrocarbon resources for the purposes of produce processing industry under conditions of giving and on approval of the provision of the local due in question.
     According to those norms the legal entities, their branches, representatives and other detached divisions regardless of their subordination and forms of ownership (except for organizations authorized by the powers of the state bodies), individual entrepreneurs who exercise delivery of hydrocarbon resources for the purposes of produce processing industry under conditions of giving for the enterprises which are situated on the administrative territories subordinated to a Council of deputies had to pay the given due into local budget.
     The Constitutional Court has emphasized that under Article 121 of the Constitution the setting of local taxes and dues in accordance with the law shall fall exclusively within the exclusive competence of the local Councils of deputies.
     Having analysed the provisions of Article 10 of the Law "On budget of the Republic of Belarus 2002", the Constitutional Court paid attention to the fact that oblast, Minsk city Council of deputies, Councils of deputies of based territorial level shall impose in the territory of the relevant administrative units local taxes and dues in accordance with the list, specified in point 1 of the given Article. While imposing local dues from a user and dues for the services, the local Councils of deputies shall have the right, equally with those specified directly in the law, to set other types of dues from a user and dues for the services taking into account the provisions of part one of point 2 of the given Article.
     There is no specification of the local due for the right of deliver hydrocarbon resources for the purposes of produce processing industry under conditions of giving in the list stipulated in the Law "On budget of the Republic of Belarus 2002". The Constitutional Court, taking into account
     The name of the due and analysis of the content of the norms of the provision thereon which shall specify the main elements of the due in question, has found no legal grounds for referring of this due to the dues from a user or to the dues for the services, as well as to local taxes and dues and the right to set them shall have local Councils of deputies.
     The Constitutional Court has paid attention to the fact that the public prosecutor of the city of Novopolotsk had made the protest against the given decision on the basis of its inconsistency with the Law "On budget of the Republic of Belarus 2002" and which was recalled by decision of Novopolotsk city Council of deputies.
     Moreover, the Constitutional Court has paid attention to the resolution of cassation instance of the Economic Court of Vitebsk oblast which had specified that the economic court, by examining the dispute on finding to be invalid the order of the inspection of the Ministry on taxes and dues on recovery of the sums of the due and analysing legal force of the decision of Novopolotsk city Council of deputies, has settled the issue on effect of the enforceable enactment and that is referred to the competence of the Constitutional Court under Articles 5 and 11 of the Law "On the Constitutional Court of the Republic of Belarus", Article 4 of the Law "On judicial system and status of judges in the Republic of Belarus". However, having indicated this lack, cassation instance of Economic Court of Vitebsk oblast did not take the measures for realization of the provisions of Article 112 of the Constitution under which if, during the hearing of a specific case, a court concludes that an enforceable enactment is contrary to the Constitution, it shall make a ruling in accordance with the Constitution and raise, under the established procedure, the issue of whether the enforceable enactment in question should be deemed unconstitutional.
     Ruling of Plenum of Supreme Economic Court of the Republic of Belarus of 28 November 2001 No. 8 "On procedure of making constitutional motions by economic courts of the Republic of Belarus to the Constitutional Court of the Republic of Belarus with the proposals on verification of constitutionality of enforceable enactments", issued for the purposes of unique application by economic courts of the Republic of Belarus of Articles 112 and 116 of the Constitution of the Republic of Belarus, Article 6 of the Law "On the Constitutional Court of the Republic of Belarus" has made explanations of the procedure in question.

• Decision of the Constitutional Court of the Republic of Belarus of 6 June 2003 No. D-159 "On constitutionality of Decision of Minsk city executive committee of 22 June 1995 No. 399 "On measures of increase of income and reduction of losses from the operation of city passenger transport and local buses"

Summary
     Decision of the Constitutional Court of the Republic of Belarus of 6 June 2003 No. 159 "On constitutionality of Decision of Minsk city executive committee of 22 June 1995 No. 399 "On measures of increase of income and reduction of losses from the operation of city passenger transport and local buses" is directed to regulation of legal relations connected with selling by the drivers of city passenger transport of the tickets for the passengers during carrying out route traffic.
     While examining the case, it has been found that sub-item 1.1 of Decision of Minsk city executive committee of 22.06. 1999 No. 339 the city enterprise "Minskpassagirautotrans" and production association "Minskgorelectrotrans" were ordered to secure since 1.07.1995 realization of one-trip tickets by the drivers of overland city passenger transport in vehicles during stops at bus-stations without allowing worsening of safety of traffic and passenger transportation, as well as violation of traffic schedules. Acts of legislation regulating the activities of automobile transport (Law of the Republic of Belarus of 21.07.2001 "On automobile transport and automobile transportation, Rules of automobile transportation of passengers in the Republic of Belarus approved by Resolution of the Ministry of transport and communication of the Republic of Belarus of 22.07 2002) shall envisage both the obligation of the carrier to secure preliminary and current selling of tickets for the trips in city passenger transport and the obligation of the passenger to have a ticket during the trip on regular service. The issues of organization of tickets' selling shall be vested with local Councils of deputies, which may carry out this work in instances of necessity together with automobile carriers or operator of automobile carriages (transportation).
     The practice studied by the Constitutional Court shall signify that selling by the drivers of the tickets (coupons) in city routes with intensive traffic and with gross passenger streams may effect negatively on road traffic security. In spite of the fact that the drivers are forced to sell coupons only at stop stations, extra delay in the specified areas in certain instances shall stimulate them to exceed speed for the observance of road schedule or to sell coupons in the process of moving and that id the factor increasing the road accident probability.
     Having studied all the abovementioned circumstances, the constitutional Court has adopted the decision and found in it that decision of Minsk city executive committee of 22 June 1995 No. 399 "On measures of increase of income and reduction of losses from the operation of city passenger transport and local buses" was adopted within its competence specified by the laws of the Republic of Belarus.
     At the same time, Minsk city executive committee was proposed to study the issue on release of the drivers from the obligation to sell tickets (coupons), first of all, on the routes with intensive traffic and gross passenger streams, as well as to examine the issue on broadening the network of tickets' selling, including, as it took place previously, the possibilities of retail trade or other reasonable forms for both carriers and passengers.

Problems, opinions, comments

• R.I.Filipchik. "Constitutional aspects of ensuring ecological security in the Republic of Belarus"

Summary:
     Article contains some constitutional aspects of ensuring ecological security in the Republic of Belarus. By making analysis of decisions of the Constitutional Court of the Republic of Belarus directed to improvement of legislation in the sphere of environmental protection, the author specifies the role of the Constitutional Court for the favourable environmental conditions for human life and health.

• I.I.Plyakhimovich. Stipulation of the bases of constitutional system in the Constitution of the Republic of Belarus

Summary:
     The article is devoted to the leading constitutional law institution - the foundations of the constitutional system of the Republic of Belarus. It has been argued that the mixed social system is real contents of this institution in spite of equal legal grounds of the capitalist, socialist and mixed social systems in the Constitution of Belarus. The author reviews the reasons of the appearance of the notion "the foundations of the constitutional system" in the Belarussian legislation.

• K.Y.Getman. Rights of national minorities in the Republic of Belarus and their realization

Summary:
     Article gives the detailed analysis of Belarusian legislation regulating legal status of representatives of national minorities in the Republic of Belarus. There are statistical data illustrating realization by the national minorities of the right to creation of their national cultural associations, the right to study and use of native language, the right to publish and disseminate of information in native language, the right to preserve their national traditions, development of professional and amateur art. Under consideration there are also the norms of the national legislation in the field of struggle with xenophobia, racism and other related thereto forms of intolerance

The topic of the issue: "Local Government and Self-Government"

• G.A. Vasilevich. Decisions of the bodies of local government and self-government as an object of constitutional control

Summary:
     Under consideration is the possibility of judicial appealing against decisions of local Councils of deputies, executive and administrative bodies, envisaged by part four of Article 122 of the Constitution of the Republic of Belarus, which shall restrict or violate the rights and lawful interests of citizens. Since the Constitutional Court as a specialized body of constitutional control is included into separate Chapter 6 "The Court" of the Constitution there are given the grounds of its right to settle on the basis of the complaints of citizens the appeals against the specified decisions of the bodies in question. Author gives concrete examples of solving by the Constitutional Court of such disputes.

• L.O. Murashko. Local self-government as territorial organization of public authority and its legal nature

Summary:
     Article is about the notion of local self-government as territorial public authority, its legal nature in the context of effectiveness of the system of government in different models of public development. From a classical standpoint of local self-government model author gives analysis local self-government in the Republic of Belarus with European experience taken into account.

• G.N. Zmachinskaya. Local self-government in the Republic of Belarus: forms, system of bodies, their competence

Summary:
     Article specifies ancient traditions of development of local self-government in Belarus. It is finding out the links of local self-government such as local Councils of deputies, local referenda, meetings of citizens according to their place of residence. Under consideration are the aspects of regulation of mutual relations of the bodies of local government and self-government with other state bodies.

Fundamental human rights and freedoms
in international law and their protection

     European Charter on Local Self-Government. Adopted by the Council of Europe of 15 October 1985

     Kenneth Davey. The Role of Local Autonomy in Promoting Democracy in the Countries of Central and Eastern Europe

     European Charter on Local Self-Government: issues of encouraging the effect of realization (from presentations of participants of the seminar "Public administration in the context of process of decentralisation", Trieste, 26-31 May 2003)

International relations of the Constitutional Court

     G.B. Shishko. International UniDem Seminar dedicated to the rights of national minorities (Trieste, 31 March - 4 April, 2003)

     R.I. Filipchik. Simposium on environmental law (Lviv, 16-17 May 2003)

     International Scientific and Practical Conference in Minsk (26 June 2003)

Dates, events, facts

     Presentation of legal literature