The Constitutional Court of the Republic of Belarus comprising the Presiding Officer - Chairman of the Constitutional Court of the Republic of Belarus P.P. Miklashevich, Deputy Chairman A.V. Maryskin, judges T.S. Boiko, S.Y. Danilyuk, V.P. Isotko, L.G. Kozyreva, V.V. Podgrusha, O.G. Sergeeva, A.G. Tikovenko, S.P. Chigrinov, V.Z. Shuklin considered the petition on legality of the requirement of an educational institution of the Republic of Belarus to repay state investment on a young specialist’s training due to his unjustified absence from distributed employment.

It had been noted in the petition that the legislation of the Republic of Belarus stipulates unequal conditions for relieving young specialists who have got secondary specialised education out of the state budget and has been enrolled to an educational institution for full-time education of higher-level from repayment of state investment on young specialists’ training due to their unjustified absence from distributed employment depending on whether the educational institution is one of the Republic of Belarus or another state (the Russian Federation, in particular).

Having analysed the relevant provisions of the Constitution of the Republic of Belarus, the international legal acts ratified by the Republic of Belarus, the laws of the Republic of Belarus “On Education”, “On International Agreements of the Republic of Belarus”, Edict of the President of the Republic of Belarus “On the Rules of Admission to Institutions of Higher Education and Secondary Specialised Education” No. 80 of February 2006, 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. 1225, other relevant normative legal acts of the Republic of Belarus, the Constitutional Court found the following.

Article 22 of the Constitution enshrines everyone’s equality before the law and everyone’s right without discrimination to equal protection of their rights and legitimate interests.

According to the Constitution the State shall take all measures at its disposal to create the domestic and international order necessary for the exercise in full of the rights and liberties of the citizens of the Republic of Belarus that are specified therein (part one of Article 59).

By virtue of Article 49 of the Constitution everyone shall have the right to education. Accessible and free general, secondary and vocation-technical education shall be guaranteed. Secondary specialised and higher education shall be accessible to all in accordance with the capabilities of each individual. Everyone may, on a competitive basis, obtain the appropriate education at state educational establishments free of charge.

The norm of Article 49 of the Constitution has been realised and developed in the Law “On Education” (hereinafter – the Law, unless otherwise agreed). According to Article 1 of the Law the state educational policy shall be based particularly on the accessibility principle for preschool, vocation-technical and on a competitive basis secondary specialised and higher education. Article 3 of the Law provides every citizen of the Republic of Belarus with the right to education; restriction thereof may be stated only by law. The right to free general secondary and vocation-technical education as well as on a competitive basis secondary specialised and higher education free of charge at educational establishments shall be guaranteed to citizens of the Republic of Belarus.

When guaranteeing the right to free vocation-technical, secondary specialised and higher education out of the republican and (or) local budgets the Law imposes on graduates, getting full-time education out of the state budget at institutions providing for vocation-technical, secondary specialised and higher education, the duty to be employed for a fixed term as specified in the Law. If the above duty has not been fulfilled, graduates shall repay to the relevant budget state investment on their training (parts twelve – fourteen of Article 10 of the Law).

Conditions and procedures for repayment of state investment on worker’s (employee’s), specialist’s training as well as grounds for relief shall be established by the Government of the Republic of Belarus (part fifteen of Article 10 of the Law). 

Pursuant to the abovementioned article of the Law the Council of the Ministers of the Republic of Belarus in its Resolution of September 23, 2006 No. 1255 approved the Provision on repayment to republican and (or) local budgets of state investment on worker’s (employee’s), specialist’s training (hereinafter – Provision). Point 4 thereof specifies the grounds for relieving a worker’s (employee’s), specialist’s from repayment of mentioned means. One of the grounds specified in paragraph ten of subpoint 4.1 of point 4 of the Provision stipulates the enrollment of a person who had got vocation-technical or secondary special education (hereinafter – a young specialist) in an educational institution of the Republic of Belarus for full-time education of higher-level.

Therefore in view of paragraph ten of subpoint 4.1 of point 4 of the Provision the enrollment   to a higher educational institution of the Russian Federation for full-time education is not deemed the ground for relieving a young specialist from repayment of state investment on his training at an educational institution of the Republic of Belarus.

By virtue of the of the Treaty on the Creation of the Union State of April 2, 1997 and in furtherance of the provisions thereof aiming at coming closer of the people in member states and securing efficient integration in various state and social spheres there was signed an agreement between the Republic of Belarus and the Russian Federation on equal rights of the citizens on the 25 of December 1998. According to Article 4 thereof the Republic of Belarus and Russian Federation have been obliged to provide for accessibility and equal rights of the citizens in getting secondary, secondary special, higher and post-graduate vocational education. By virtue of the States Governments treaty of February 27, 1996, the certificates with scientific degree and title shall be available in both states and equivalent in the territories of Belarus and Russia to further education and employment in accordance with profession and qualification specified therein.

However, in view of paragraph ten of subpoint 4.1 of point 4 of the Provision the enrollment of the Republic of Belarus citizens to educational institutions of the Russian Federation shall not be deemed the ground for relieving them from repayment of investment on their training in educational establishments of the Republic of Belarus. The accessibility of education in educational institutions of the Russian Federation may therefore not be provided. Neither is the equal right to appropriate education.

Moreover, in accordance with Article 33 of the Law “On International Treaties of the Republic of Belarus”, part two and four of Article 55 of the Law “On Education” legal norms contained in international treaties, coming into force in the territory of the Republic of Belarus shall do a part of effective legislation thereof, be fulfilled in good faith by the Republic of Belarus following international law and be directly enforced except the instances when an international treaty stipulates the need to adopt (enact) a domestic normative legal act to implicate them. Legal norms contained in international treaties have the effect of the normative legal act by which the Republic of Belarus expresses its agreement to a binding character of the relevant international treaty. The Republic of Belarus ensures the compliance with international treaty obligations of the Republic of Belarus in education.

The cited normative provisions are in agreement with norms of Article 8 of the Constitution having declared supremacy of the universally acknowledged principles of international law and need to ensure that the laws comply with such principles. The provisions conform to Article 26 of the Vienna Convention on the Law of Treaties of May 23, 1969 specifying that every running treaty is binding upon parties thereto and must be performed by them in good faith.

In view of the norm 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 as well as the laws of the Republic of Belarus the Constitutional Court deems that in paragraph ten of subpoint 4.1 of point 4 of the Provision have been established unequal conditions for relieving 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 from the duty provided in part fourteen of Article 10 of the Law “On Education” to repay state investment on training because only young specialists enrolled to due educational establishment of the Republic of Belarus have been relived from such repayment. Whereas the laws provide for need to ensure accessibility and equal rights of citizens to education, higher one in particular, on the ground of the 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 view of the foregoing, by virtue of Article 40, part one of Article 116 of the Constitution of the Republic of Belarus, Articles 22 and 24 of the Code on Judicial System and Status of Judges of the Republic of Belarus the Constitutional Court

RULED:

1. 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 to find as necessary respective alterations to be made to paragraph ten 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 of September 23, 2006 No. 1255. 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 who have got vocation-technical or secondary special education in the Republic of Belarus and have been enrolled to educational institutions of the Russian Federation for full-time education of a higher level from repaying state investment on their training.

2. To propose to the Council of Ministers of the Republic of Belarus to clarify in the established procedure the legal wording of paragraph ten of subpoint 4.1 of point 4 of the above Provision.

3. The present Decision shall come into legal force from the date of its adoption.  

4. To publish the present Decision in accordance with legislation.

Presiding Officer-
Chairman of the Constitutional Court
of the Republic of Belarus
P.P.Miklashevich