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, V.V. Podgrusha, A.A. Sarkisova, A.G. Tikovenko, R.I. Filipchik, G.B. Shishko, V.Z. Shuklin on the grounds of part one of Article 116 and part four of Article 122 of the Constitution of the Republic of Belarus has examined the motion of citizen A.M. Shirko on the issue of constitutionality of 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.

     The motion specifies that point 7 of the given Provision shall have the norms restricting the right of citizens to direct appeal to the Chairperson of Minsk city executive committee on the issues referred to his competence.

     Having analysed the relevant provisions of the Constitution of the Republic of Belarus, Laws of the Republic of Belarus "On appeals of citizens", "On local government and self-government in the Republic of Belarus" and other enforceable enactments, the Constitutional Court found the following.

     Article 40 of the Constitution shall stipulate the right of everyone to address personal or collective appeals to state bodies. State bodies, as well as the officials thereof, shall consider any appeal and furnish a reply in point of substance within the period specified in law. Any refusal to consider an appeal that has been submitted shall be justified in writing.

     Procedure of realization of the constitutional right of citizens to appeal to the state bodies, other organizations is specified in the Law of the Republic of Belarus of 6 June 1996 "On appeals of citizens" (hereinafter referred as Law). The Law stipulates the procedure of appeals of citizens with the proposals, statements and complaints to the officials of the state bodies, bodies of public associations, establishments, organizations and enterprises irrespective of the forms of ownership, as well as the procedure of examination of the proposals, statements and complaints.

     The law shall envisage, in particular, the obligation of heads of the bodies, establishments, organizations and enterprises to exercise personal reception of citizens. According to parts one and three of Article 5 of the Law heads of the bodies, establishments, organizations and enterprises are bound to exercise personal reception of citizens and have no right to refuse to the citizens to be received personally by his/her appeal under the prescribed procedure directly to them with the issues referred to their competence.

     Order of the President of the Republic of Belarus of 29 April 1997 No. 128odr. "On measures on improvement of work with appeals of citizens" heads of state bodies, as well as heads of organizations and enterprises irrespective of the form of ownership are entrusted with the duty to secure execution of the Law "On appeals of citizens".

     In accordance with point 14 of part ten of Article 9 of the Law "On local government and self-government in the Republic of Belarus" the executive committee shall adopt decisions aimed at the protection of the rights and meeting the lawful interests of citizens, arrange the receiving of population by the heads of the executive committee.

     Procedure of organization of receiving of people by the Chairperson of Minsk city executive committee, first Deputy of the Chairperson, Deputies of the Chairperson, management administrator within their competence under the distribution of duties is specified by Provision on procedure of receiving of citizens in Minsk city executive committee approved by Decision of Minsk city executive committee of 1 October 2002 No. 1430 (National register of enforceable enactments, 2002, No. 116, 9/2176).

     The Constitutional Court emphasizes that Decision of Minsk city executive committee of 1 October 2002 No. 1430 has been adopted on the basis of the Law of the Republic of Belarus "On appeals of citizens" and "On local government and self-government in the Republic of Belarus".

     Point 7 of the Provision stipulates that citizens shall enter their names for the reception to the Chairperson of city executive committee on the grounds of the written statement on the issues referred to his competence, if their requirements are lawful and have not been settled by the relevant officials. Statements on personal reception incoming in favour of the Chairperson of Minsk city executive committee shall be forwarded to the first Deputy Chairperson, Deputies of the Chairperson, management administrator in accordance with the distribution of duties approved under the prescribed order for the report to the Chairperson in case of necessity.

     As it follows from the reply of Minsk city executive committee to the request of the Constitutional Court "for the solution of the issue of making a list of appointments to the Chairperson of city executive committee a citizen is proposing to put his/her question in writing with specification of new arguments and facts, i.e. to motivate the lawfulness of his/her appeal".

     In the opinion of the Constitutional Court carrying out of preliminary making a list of appointments of citizens shall promote more sound, qualitative preparation for personal reception, since it allows to study thoroughly the question raised, to choose the necessary materials, to invite the specialists in case of necessity, but this should not exclude the right of citizens to oral appeals at personal reception.

     The Constitutional Court shall also pay attention to the fact that stipulation as the condition of personal reception of citizens by the Chairperson of Minsk city executive committee of the lawfulness of the requirements containing in the appeals of the citizens shall not be in conformity with the provisions of parts one and three of Article 5 of the Law. Motivation of lawfulness shall not be the obligation of a citizen. This should be determined by the bodies and officials which and who are entrusted by the Law to examine the appeal and to give the motivated answer. For the determination of the lawfulness (legality) of appeals of the citizens the Law shall fix the relevant terms (15 days, 1 month, 2 months). That shall signify that the legality of an appeal should be determined not on the stage of preliminary making a list of appointments for the personal reception, but in the process of its examination.

     The obligation of the civil servants within their officials powers to examine timely and objectively the appeals of citizens and to solve them in accordance with the procedure specified by the legislation, by Article 21 of the Law "On civil service in the Republic of Belarus" is referred to their basic duties.

     That shall not preclude the right of a citizen, who consider that his/her right were infringed thereupon, to make an appeal to the court of law against unlawful, in his/her opinion, actions (inactivity) of the state bodies, officials in accordance with the procedure specified by the Civil Code of Procedure.

     Guiding by Articles 7, part one of Article 116, part four of Article 122 of the Constitution of the Republic of Belarus, Articles 7, 36, 38, 40, 40¹ of the Law "On the Constitutional Court of the Republic of Belarus", the Constitutional Court

RULED:

1.To hold that the Provision on the 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 shall stipulate the necessity of motivation by the citizens of the lawfulness of one's requirements which are at variance with parts one, three and four of Article 5 of the Law of the Republic of Belarus "On appeals of citizens".

2. To pay attention of Minsk city executive committee, other local executive and administrative bodies to the necessity of due securing of the constitutional right of citizens to lodge appeals to the state bodies, including the right to oral appeals at personal reception.

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

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

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                               G.A. Vasilevich