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, K.I. Kenik, V.V. Podgrusha, A.G. Tikovenko, R.I. Filipchik, G.B. Shishko, V.Z. Shuklin, having examined on the basis of Article 40, part one of Article 116 and part four of Article 122 of the Constitution of the Republic of Belarus complaints of citizens on the issue of legality of Minsk city executive committee concerning suspension of taking documents for indexation of cheques “Zhiljo” (“Dwelling”) having made as a present, inherited or obtained in the specified procedure from the citizens of the Republic of Belarus, found the following. In accordance with part one of Article 21 of the Law of the Republic of Belarus “On privatization of housing stock in the Republic of Belarus” housing quotas (sums of quotas) of citizens and members of their families who are in need of improvement of housing conditions as of 1 January 1992 and who carry out individual or collective housing construction, including by way of share participation in that building, reconstruction of one-room, blocked dwelling houses or those who joined the organization of citizens having built, or those who acquire dwelling premises by way of purchase, as well as in case of debt service payment on bank credit indebtedness and payment for loans made and used for the purposes in question, shall be subject to indexation taking into account the change in values of dwelling construction on the day of application of those citizens on the issue of indexation of housing quota in comparison with its value on 31 December 1991.

At the same time, housing quotas having made as a present, inherited or obtained in the specified procedure from the citizens of the Republic of Belarus shall be subject to indexation. The specified norm of the given Law has been reproduced in part one of point 4 of the Provision on indexation of a housing quota (sums of quotas) approved by Resolution of the Council of Ministers of the Republic of Belarus of 21 September 2001 No. 1399.

Minsk city executive committee in its decisions “On temporary procedure of transfer of the sums of indexated housing quotas (inscribed privatization cheques “Zhiljo”) of 28 December 2000 No. 1566 (point 3), of 30 March 2001 No. 374 (point 3), of 24 September 2001 No. 1329 (point 3) and Decision “On draft budget of the city of Minsk for 2002” of 22 December 2001 No. 1748 (sub-item 9.3 of point 9) has suspended in 2000, 2001, 2002 taking documents for indexation of cheques “Zhiljo” having made as a present, inherited or obtained in the specified procedure from the citizens of the Republic of Belarus disregarding the time of needs of citizens in the improvement of housing conditions.

Under Article 7 of the Constitution the State and all the bodies and officials thereof shall operate within the confines of the Constitution and the laws enacted in accordance therewith. Article 120 shall fix for local Councils of deputies and executive and administrative bodies to implement the decisions of higher state bodies. The Law of the Republic of Belarus “On local government and self-government in the Republic of Belarus” shall specify that local government and self-government shall be exercised on the grounds of the principle of legality (Article 5) and decisions of local Councils and executive committees should be in compliance with the legislation (Article 49).

The Constitutional Court emphasizes that Minsk city executive committee, having adopted its decisions of 28 December 2000 No. 1566, of 30 March 2001 No. 374, of 24 September 2001 No. 1329, of 22 December 2001 No. 1748 practically stopped effect of part one of Article 21 of the Law “On privatization of housing stock in the Republic of Belarus” and of part one of point 4 of the Provision on indexation of housing quota (sums of quotas) approved by Resolution of the Council of Ministers of the Republic of Belarus of 21 September 2001 No. 1399 as regards indexation of housing quotas inherited and obtained in the specified by the legislation of the Republic of Belarus procedure, and, thereby, has exceeded its own powers.

Recognizing the necessity of proper financial security of any adopting enforceable enactment, the Constitutional Court at the same time pays attention to the fact, that Minsk city executive committee had to solve the issue on indexation of the specified housing quotas not by way of factual suspension of the effect of the acts of legislation, but by way of making relevant proposals to the competent bodies of state power, the proposals connected with amendments to the Law “On privatization of the housing stock in the Republic of Belarus”.

Moreover, regardless requirements of sub-item 2.1 of point 2 of Resolution of the Council of Ministers of the Republic of Belarus of 31 December 1998 No. 2034 “On legal expert examination of legal acts of the National Bank, ministries and other republican state bodies, oblasts, Minsk city Councils of deputies, oblasts executive committees and Minsk city executive committee” (with alterations), the given decisions of Minsk city executive committee have not been subject to legal expert examination in the Ministry of Justice of the Republic of Belarus and have not been published officially as it is required under the norm of Article 65 of the Law of the Republic of Belarus “On enforceable legal acts of the Republic of Belarus”.

Grounded on the abovestated and guided by Article 40, part one of Article 116 and 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 point 3 of decision of Minsk city executive committee of 28 December 2000 No. 1566, point 3 of decision of Minsk city executive committee of 30 March 2001 No. 374, point 3 of decision of Minsk city executive committee of 24 September 2001 No. 1329, sub-item 9.3 of point 9 of decision of Minsk city executive committee of 22 December 2001 No. 1748 are at variance with the Constitution and the laws of the Republic of Belarus.

2. To propose:

Minsk city executive committee to bring the decisions in question into line with the Constitution, with the laws of the Republic of Belarus and with the present decision;

Council of Ministers of the Republic of Belarus to solve the issue on financial security for realization of the norms of the Law of the Republic of Belarus “On privatization of housing stock in the Republic of Belarus”, by way of possible proposals for the National Assembly of the Republic of Belarus on making alterations in the specified Law.

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

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

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                               G.A. Vasilevich