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The decision of the Constitutional Court of the Republic of Belarus “On equal conditions for relief from the repayment of state investment on a young specialist’s training” has been executed

The Constitutional Court of the Republic of Belarus has made the decision “On equal conditions for relief from the repayment of state investment on a young specialist’s training” on February 18, 2009.

In view of the norms of the Constitution of the Republic of Belarus, the Agreement between the Republic of Belarus and the Russian Federation on equal rights of the citizens of December 25, 1998, other international treaties of the Republic of Belarus as well as the laws of the Republic of Belarus the Constitutional Court found that whereas the legislation provides for necessity to ensure accessibility and the equal rights of citizens to education, higher one in particular, on the ground of the constitutional principle of everyone’s equality before the law these rights shall be taken into account to the full extent when realising and guaranteeing the other rights and duties protection in education.

In the Constitutional Court opinion the norms of the Provision on repayment to republican and (or) local budgets of state investment on worker’s (employee’s), specialist’s training approved by the Resolution of the Council of Ministers of the Republic of Belarus of September 23, 2006 No. 1255 had been established unequal terms for relieving from the duty provided in part fourteen of Article 10 of the Law “On Education” to repay state investment on training of young specialists who had got vocation-technical or secondary specialised education out of the republican budget and (or) local budgets and had been enrolled to an educational institution for full-time education of higher-level.

So, according to paragraph 10 of subpoint 4.1 of point 4 of the specified Provision the young specialists enrolled to corresponding educational institutions of the Republic of Belarus were relieved from repayment of state investment on their training.

The enrollment of young specialists to a higher educational institution of the Russian Federation for full-time education of higher-level were not deemed the ground for their relieving from repayment of state investment on their training at an educational institution of the Republic of Belarus.

The Constitutional Court has made a conclusion that at such legal regulation of procedures for relief from repayment of state investment on the training might not provide either the accessibility of education in educational institutions of the Russian Federation or the equal to others right to appropriate education.

In the decision of February 18, 2009 following the results of issues consideration with a view to ensure due realisation of the norms of the Constitution of the Republic of Belarus and international treaties of the Republic of Belarus the Constitutional Court proposed to the Council of Ministers of the Republic of Belarus to make necessary alterations to the above-mentioned Provision. These alterations shall aim at fuller protection of the rights and legitimate interests of citizens of the Republic of Belarus when establishing the grounds for relieving persons from repayment of state investment on their training.

When executing the specified decision of the Constitutional Court the Government of the Republic of Belarus by its Resolution on June 1, 2009 No. 708 «On making alterations and addenda to some Resolutions of the Council of Ministers of the Republic of Belarus» made the appropriate addition to paragraph 10 of  subpoint 4.1 of point 4 of the Provision on repayment to republican and (or) local budgets of state investment on worker’s (employee’s), specialist’s training, approved by the Resolution of the Council of Ministers of the Republic of Belarus No 1255 of September 23, 2006.

 Therefore, at the present time the persons who have got vocation-technical or secondary special education and have been enrolled to educational institutions for full-time education of a higher level both in the Republic of Belarus and the Russian Federation shall be relieved from repayment to republican and (or) local budgets of state investment on worker’s (employee’s), specialist’s training.