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On July 9, 2014 the Constitutional Court of the Republic of Belarus took the Decision «On Legal Uncertainty in the Legal Regulation of Personal Identification when Granting a Pension by Labour, Employment and Social Protection Bodies» (reporting judge – Valentina V. Podgrusha)
The proceedings were initiated by the Constitutional Court in accordance with Article 158 of the Law of the Republic of Belarus "On the Constitutional Proceedings" on the basis of the application of Ms. L.N. Dubovik who was refused a pension due to the fact that among the documents confirming the right to the pension, the applicant did not present the passport of the citizen of the Republic of Belarus (hereinafter - the passport) as a document establishing the identity, age, place of residence and citizenship. The applicant explains the absence of the passport by refusal of its receipt due to the religious beliefs because of the personal (identification) number.
In its Decision the Constitutional Court stated that the Republic of Belarus in accordance with the Constitution proclaimed as a social state based on the rule of law (Article 1.1). Citizens of the Republic of Belarus shall be guaranteed the right to social security in old age, in the event of illness, disability, incapability to work, loss of the bread-winner and in other instances specified by law (Article 47 of the Constitution).
The Law of the Republic of Belarus «On Pension Provision» is aimed at the realisation of the constitutional right of individuals to social security. This Law enshrines the legal basis of granting and payment of labour and social pensions. The Law has not established presentation of the passport as a condition of granting a pension, but has determined that the issues related to the procedure of granting and payment of pensions, other than those provided in this Law, should come within the competence of the Council of Ministers of the Republic of Belarus.
The Government having approved the Statute of the Ministry of Labour and Social Protection, attributed issues on the definition of the list of documents necessary for the granting and payment of pensions and benefits to the competence of this Ministry.
Regulations on the procedure of submission and execution of documents for granting pensions in accordance with the Law of the Republic of Belarus "On Pension Provision" approved by the Order of the Minister of Social Protection of the Republic of Belarus of May 23, 1997 No. 44 (hereinafter - Regulations) provides that when applying for granting a pension (regardless of the type of pension) the applicant shall submit a document establishing the identity, age, place of residence and citizenship, which is the passport (paragraph 7).
The mechanism of granting a pension established by these Regulations limits the realisation of the constitutional right to social security of individuals who have all legal grounds for a pension, but they can not submit their passport because of the refusal of its receipt due to the religious beliefs.
In order to ensure the proper realisation of the constitutional right to social security as well as the principle of social justice, the Constitutional Court recognised it necessary to eliminate legal uncertainty in the legal regulation of personal identification when granting a pension by labour, employment and social protection bodies. The Council of Ministers of the Republic of Belarus is proposed to take measures to ensure the realisation of the constitutional right of individuals to social security by eliminating legal uncertainty in the legal regulation of personal identification when granting a pension by labour, employment and social protection bodies at the level of the Resolution of the Council of Ministers.