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, L.M. Ryabtsev, O.G. Sergeeva, A.G. Tikovenko, S.P. Chigrinov, V.Z. Shuklin 

The adoption of the Law aims at the coordination of some norms of the Law of the Republic of Belarus “On the Status of a Deputy in a Local Council of Deputies” with the norms of the Labour Code of the Republic of Belarus, Edicts of the President of the Republic of Belarus “On Additional Measures Regarding the Work with Petitions of Citizens and Legal Bodies” of October 15, 2007 No. 498 and “On the Order of Issue and Use of Service Certificates” of March 18, 2008 No. 159, the Decision of the Constitutional Court of the Republic of Belarus “On the Right of Deputies of Local Councils of Deputies to Compensation for Expenses Related to Their Activity” of December 14, 2005. The given Law had been adopted to ensure deputy powers and proper guarantees of deputy activities.

The Law has given a more detailed definition of material security of deputy activities and the right to compensation for expenses to deputies of local Councils of deputies including those who don’t perform on the labour contract if they leave their residence (district, city) for realisation of their activities according to the norms of compensation for expenses out of the local budget for official trips. A number of norms related to consideration by deputies of the citizens’ petitions has been amended by the provision on consideration of legal entities’ petitions. The wording of the norms defining the powers of the President of the Republic of Belarus concerning the issue of service certificates and the institution of lapel badges of deputies of local Councils of deputies is specified; as regards chairmen of local Councils of deputies the norm on that their work time in a local Council of deputies is included in the length of work and the length of public service according to the legislative acts and also in the length of work (service) in a speciality according to the legislation has been formulated more definitely.

Being representatives of citizens the deputies of local Councils of deputies are included both in the local representative bodies and the local self-governments – local Councils of deputies that shall be elected by the citizens of the relevant administrative-territorial units on the basis of Article 118 of the Constitution.

On the basis of the Law “On the Status of a Deputy in a Local Council of Deputies” deputies of local Councils of deputies are entitled to proper powers and guarantees of their realisation for the purposes of providing for the rights of their voters, participation in the solution on the issues of local character by a local Council of deputies in the interests of local population and the state.

The procedure of the adoption of the Law conforms to the Constitution provisions according to which the draft laws on a local self-government shall be considered in the House of Representatives of the National Assembly of the Republic of Belarus and shall be referred for approval or rejection to the Council of Republic of the National Assembly of the Republic of Belarus (point 2 of part one of Article 97, point 1 of part one of Article 98). The chambers of the National Assembly of the Republic of Belarus while adopting the Law acted within the limits of their competence specified by Articles 97-100 of the Constitution.