23 August 2004 № D-175/2004
The Constitutional Court of the Republic of Belarus comprising of the Presiding Officer - Chairman of the Constitutional Court G.A. Vasilevich, Deputy Chairman A.V. Maryskin, judges T.S. Boiko, G.A. Vorobei, K.I. Kenik, V.V. Podgrusha, A.A. Sarkisova, R.I. Filipchik, V.Z. Shuklin, having examined on the grounds of part four of Article 122 and part one of Article 116 of the Constitution application of citizen Mrs I.E. Rudyak, found the following.
The application raises the issue on finding Instruction on procedure of personal reception of citizens in Gomel oblast executive committee approved by Decision of Gomel oblast executive committee of 17 April 2003 No. 267 in part excluding the possibility of oral application of citizens at personal reception to the Chairperson of oblast executive committee, as well as establishing the necessity of giving reasons by the citizens of the legality of their requirements, to be at variance with part one, three and four of Article 5 of the Law of the Republic of Belarus "On applications of citizens".
The applicant shall emphasize that due to the presence in point 9 of the specified Instruction of the norm envisaging that citizens shall be registered for the personal reception for the Chairperson of oblast executive committee on the grounds of written application on the issues within his competence, if their requirements are lawful and have not been settled by the relevant officials, she was three times refused in personal reception, and on the basis of the letter of Educational Division of Gomel oblast executive committee the relevant correspondence with her has been terminated.
In the opinion of the applicant, point 9 of the given Instruction shall infringe upon lawful rights of citizens by binding them to prove the validity of the applications in written form; shall restrict, and in a number of cases shall make it impossible personal reception by the Chairperson of oblast executive committee.
The Constitutional Court emphasizes that its legal position as regards the procedure of realization of the constitutional right of citizens to appeal to the state bodies, other organizations was expressed in its Decision of 15 April 2004 "On constitutionality of Provision on procedure of reception of citizens in Minsk city executive committee approved by Decision of Minsk city executive committee of 1 October 2002 No. 1430". The Constitutional Court in its Decision has found the Provision on procedure of reception of citizens in Minsk city executive committee approved by Decision of Minsk city executive committee of 1 October 2002 No. 1430 in part that practically shall exclude the possibility of oral appeal of the citizens at personal reception, as well as in part stipulating the necessity of motivation by the citizens of the lawfulness of one's requirements to be at variance with parts one, three and four of Article 5 of the Law of the Republic of Belarus "On appeals of citizens".
On the stage of preparation of the case for the hearing the subject for study and analysis were both the specified Provision of Minsk city executive committee and other enforceable enactments concerning the procedure of reception of citizens in the state bodies, including the Order of the President of the Republic of Belarus of 29 April 1997 No. 128 ord. "On measures on improvement of work with appeals of citizens", Provision on procedure of reception of citizens in the residence of the President of the Republic of Belarus, approved by the specified above Order, Provision on procedure of reception of citizens in the Council of Minister of the Republic of Belarus, approved by Resolution of the Council of Ministers of the Republic of Belarus of 24 September 2001 No. 1402, as well as a number of the relevant decisions of Oblast executive committees, including Decisions of Gomel oblast executive committee of 17 April 2003 No. 267, Grodno oblast executive committee of 19 November 2001 No. 606, Mogilov oblast executive committee of 17 June 2002 No. 12-19, therefore, the Constitutional Court found it necessary to pay attention not only of Minsk city executive committee, but also of other local executive and administrative bodies to the necessity of proper securing of the constitutional right of citizens to lodge their applications to the state bodies, including the right to oral applications at personal reception. That has presupposed bringing both the enforceable enactments they adopted and the law applying practice into line with the requirements of the Law "On applications of citizens". Decision of the Constitutional Court of 15 April 2004 has been forwarded on 17 April 2004 to Minsk city and all Oblast executive committees and was published in newspapers "Zvyazda" (24 April 2004), "Narodnaya gazeta" (27 April 2004), as well as in National register of legal acts of the Republic of Belarus (2004, No. 69, 6/404).
The Constitutional Court emphasizes that the given Decision of Minsk city executive committee has been executed. Minsk city executive committee in its Decision of 7 May 2004 No. 933 has made the relevant alterations and addenda into the Provision on procedure of reception of citizens in Minsk city executive committee. According to the available information, Gomel oblast executive committee has not revised Instruction on reception of citizens in Gomel oblast executive committee.
Under Article 38 of the Law "On Constitutional Court of the Republic of Belarus" decisions shall be enforced from the date of their adoption, unless they fix other terms.
On the grounds of the abovementioned and guiding by Article 40, part one of Article 116, part four of Article 122 of the Constitution, Articles 7, 36, 38, 40, 401 of the Law "On the Constitutional Court of the Republic of Belarus", the Constitutional Court
RULED:
1. To emphasize that constitutional and legal meaning of parts one, three and four of Article 5 of the Law of the Republic of Belarus "On applications of citizens" revealed in Decision of the Constitutional Court of the Republic of Belarus of 15 April 2004 shall be obligatory and shall exclude any other its interpretation by by-laws, including by decisions of local executive and administrative bodies, and due to that for the solution of the issue raised in the application of citizen Mrs. I.E. Rudyak there is no need to deliver new decision envisaged by Article 35 of the Law of the Republic of Belarus "On Constitutional Court of the Republic of Belarus".
2. The present decision shall come into legal force from the date of adoption.
3. To publish the present Decision in accordance with the legislation.
Presiding Officer —
Chairman of the
of the