On 16 December 2009 the Constitutional Court of the Republic of Belarus took a decision «On the necessity to resolve collisions between the norms of the legislative acts, envisaging additional ground for the termination of a labour contract under point 5 of the article 47 of the Labour Code» (Vladimir P. Izotko was a reporting judge). It was pointed therein that from sense and content of the part two of the article 16, part 5 of the article 17 of the Law of the Republic of Belarus «On fighting corruption» and taking into account the prescription of the part one of the article 35 of the Labour Code, state official which did not sign or violated written obligation on following the established limitations, shall be dismissed form the post in order and on the basis determined by the Labour Code.

At the same time point 5 of the article 47 of the Labour Code contains indication on the employee which is authorized to execute state functions, and does not mention state official. However definition of the term «employee which is authorized to execute state functions» currently is not used in the anticorruption legislation.

To resolve the collision between the mentioned legal norms of the Labour Code and the Law «On fighting corruption» the Constitutional Court based on the principle of legal certainty and necessity of ensuring the uniform understanding and application of the norms of legislation had proposed to the Council of Ministers of the Republic of Belarus to prepare the draft law on making respective alterations to the Labour Code of the Republic of Belarus.