6 June 2003 № D-159/2003
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, A.G. Tikovenko, R.I. Filipchik, G.B. Shishko, V.Z. Shuklin having examined on the grounds of Article 40, part one of Article 116, part four of Article 122 of the Constitution of the Republic of Belarus the motion on verification of the constitutionality of Decision of Minsk city executive committee of 22 June 1995 No. 399 "On measures for increasing proceeds and decreasing losses from the work of city passenger transport and shuttle-buses" in part of establishment for the drivers of above-ground city passenger transport of the obligation for realization of tickets, found the following.
Minsk city executive committee in its Decision of 22 June 1995 No. 399 (sub-item 1.1 of point 1) has entrusted city enterprise "Minskpassengeraoutotrans" and production association "Minskgorelectrotrans" to secure since 1 July 1995 realization of tickets for one journey by the drivers of above-ground city passenger transport in the means of transportation during the stopping with the preservation of the safety of the road traffic, conveyance of passengers and without violation of traffic timetables. For the drivers, other workers of enterprises of aboveground city passenger transport (under the timetable) there have been established the obligation on exercise control over the payment of journey by the passengers and realization of fine receipts in case of revealing passengers travelling without tickets (sub-item 1.3 of point 1). Transport enterprises were instructed to receive proceeds from realization of tickets by the drivers (point 4), as well as it has been specified that the price of a ticket realizing by the drivers for one journey in rolling-stock in 1995 shall be increased up to the sum above the fixed rate.
Article 42 of the Law of the Republic of Belarus of 21 July 2001 "On automobile transport and conveyance" shall stipulate that during transportation en regular route the passenger is obliged to have the relevant document (ticket) and the carrier or operator of conveyances is obliged to ensure selling the passenger of the relevant document (ticket) of the established standard for the particular type of automobile conveyances. Article 48 of the given Law shall specify that tickets' selling for the passengers may be carrying out by both the automobile carrier and the operator of automobile passengers' conveyances.
Article 16 of the Law "On automobile transport and automobile conveyances", in particular, shall stipulate that local Councils of deputies, executive and administrative bodies shall organize, in case of necessity jointly with automobile carrier or operator of automobile conveyances, selling of tickets and checking their presence by the passengers within the relevant administrative and territorial unit, and Article 9 of the Law "On local government and self-government in the Republic of Belarus", in particular, shall stipulate that executive committees in accordance with the legislation shall solve the issues of transport, municipal and other services of the population.
Resolution of the Ministry of transport and communications of the Republic of Belarus of 22 July 2002 No. 23 has approved the Rules of automobile facilities of passengers in the Republic of Belarus (hereinafter is also referred to as the Rules).
Point 98 of the Rules shall envisage that realization of the tickets for city carrier of passengers by buses of en regular route shall be at the points of selling tickets, in buses, as well as in trade organizations. Point 224 of the Rules shall bind the carrier or its representative to ensure advance and routine sale of tickets, including directly in passenger automobile transport (if it is stipulated by enforceable enactments), and point 226 shall give a member of the crew of the passenger automobile transport to sale tickets and baggage receipts (if the sale is not secured by stationary ticket office).
Minsk city executive committee in its Decision of 22 June 1995 No. 399 has entrusted city enterprise "Minskpassengeraoutotrans" and production association "Minskgorelectrotrans" to secure the sale of tickets for one journey by the drivers of above-ground city passenger transport in the means of transportation during the stopping.
On the grounds of the specified Decision of Minsk city executive committee city enterprise "Minskpassengeraoutotrans" and production association "Minskgorelectrotrans" has issued the orders of 30 June 1995 No. 155 and of 26 June 1995 No. 140-r, by which the drivers were bound to realize tickets (subscription) for journey in aboveground city passenger transport during stopping.
Study by the Constitutional Court of the practice shall signify that in certain city routes, especially with heavy traffic and traffic flow, sale of tickets by the driver to a certain extent may effect safety road traffic. In spite of the fact that the drivers shall be obliged to sale the tickets at stopping, delay in the specified places over the fixed period of time in certain instances shall stimulate them to speeding for the observance of the schedule or to sale the tickets during the movement. At the same time, the passengers shall also ask the drivers to sale the tickets during the movement, and that fact shall also draw away the drivers from the performance of their main direct duty to operate the transport mean. In case of refusal of the drivers from realization of the tickets or in case of their absence the employers shall apply with respect to them the measures of disciplined penalty.
Due to that the Constitutional Court considers that in spite of the fact that Decision of Minsk city executive committee of 22 June 1995 No. 399 is not at variance with Article 16 of the Law "On automobile transport and conveyance" and Article 9 of the Law "On local government and self-government in the Republic of Belarus" but, for the purposes of ensuring the safety of road traffic, life and health of the passengers, other participants of road traffic, it is necessary to study the issue on release of the drivers from the obligation to sale the tickets, first of all, in the routes with intensive road traffic and traffic flow, including increasing number of the passengers during hot hours, as well as to develop the issue on broadening the chain of sale of tickets, with the use (as it took place previously) of the possibilities to retail or other forms acceptable for both the carriers and the passengers. In the opinion of the
On the basis of the abovementioned and guiding by part 1 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 consider that Decision of Minsk city executive committee of 22 June 1995 No. 399 "On measures for increasing proceeds and decreasing losses from the work of city passenger transport and shuttle-buses" has been adopted within its competence specified by the Laws of the
At the same time, on the grounds of priority obligation of the carrier to ensure safety of road traffic, life and health of the passengers, other participants of road traffic to propose
to study the issue on release of the drivers from the obligation to sale the tickets, first of all, in the routes with intensive road traffic and traffic flow;
to consider the issue on broadening the chain of sale of tickets, including with the use (as it took place previously) of the possibilities to retail or other forms acceptable for both the carriers and the passengers.
2. The present Decision shall come into legal force from the date of its adoption.
3. To publish the present Decision in accordance with the legislation.
Presiding Officer —
Chairman of the
of the