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, on the basis of Articles 7, 8, 40, 59, 116 and 137 of the Constitution has examined request of the Central Commission of the Republic of Belarus on elections and holding of republican referenda on position of the Constitutional Court concerning the notion (citizen of the Republic of Belarus who has been resident in the Republic of Belarus) which is used in Article 80 of the Constitution of the Republic of Belarus.

The request has specified that the Central Commission of the Republic of Belarus on elections and holding of republican referenda has received the documents about registration of an initiative group of citizens on nomination for the post of the President of the Republic of Belarus of Mr Z.S. Poznyak who at present resides permanently outside of the Republic of Belarus. Having analyzed the provisions of the Constitution, norms of international law, the Electoral Code, other acts of legislation of the Republic of Belarus, the Constitutional Court notes the following. While determining the place of permanent residence it shall be taken into account both the factual location of a person during this or that period of time (in the territory of the Republic of Belarus or outside) and his/her intention to have the given location as a location for permanent residence.

The content of the notion in question shall be predetermined by the aims of leaving (departure) outside the Republic of Belarus: whether leaving is temporal or the departure is for permanent residence in another state. Temporary leaving may be considered to be leaving for business trip, studies, rest, medical treatment and for other reasonable excuses which shall signify temporary staying outside the Republic of Belarus and remaining the Republic of Belarus to be permanent residence.

The Constitutional Court emphasizes that Z.S. Poznyak shall remain citizenship of the Republic of Belarus, his leaving he considers to be temporary, in his opinion, because of political situation. He has not drawn up his departure for permanent residence in another state. He is the Chairman of Conservative Christian Party - BNF (Belaruski Narodny Front) which is officially registrated by the Ministry of Justice of the Republic of Belarus (certificate No. 18) and that confirms his participation in political life of the Republic of Belarus. It is also necessary to take into account the fact that he has been granted the asylum in the foreign state. Article 14 of the Universal Declaration of Human Rights enshrines the right of everyone to seek and to enjoy in other countries asylum from persecution.

According to Declaration on Territorial Asylum adopted by Resolution 2312 (XXII) of UN General Assembly resolution 2312 (XXII) of 14 December 1967 an asylum, granted by a State in the exercise of its sovereignty to persons entitled to ivoke Article 14 of the Universal Declaration of Human Rights, shall be respected by all other States. It shall rest with the State granting asylum to evaluate the grounds for the grant of asylum (Article 1).

In that connection the Constitutional Court, having based its arguments on the stipulated in Article 8 of the Constitution supremacy of universally acknowledged principles of international law and without making any estimation of true and alleged grounds for application of Z.S. Poznyak with the request for granting asylum in another country, proceeds from the very fact of granting asylum and deems that registration of the initiative group on his nomination as a candidate for the President of the Republic of Belarus will manifest good will of our State as a democratic State ruled by law, its striving for strengthening the foundations of sovereignty of the people and desire for holding free and fair elections, to settle problems governed by the norms of international law directed at safeguarding and protection of fundamental human rights and freedoms and rights and freedoms of a citizen.

The Constitutional Court considers that taken into account the aforementioned circumstances the Central Commission of the Republic of Belarus on elections and holding of republican referenda shall have legal grounds for registration of the specified initiative group.

By force of the requirements of Article 3 of the Constitution the people shall have the supreme sovereign power; the people may express directly its attitude towards a candidate for Presidency of the Republic of Belarus both while collecting signatures for his nomination and while voting on the day of elections of the President of the Republic of Belarus.

The present Decision shall come into legal force from the date of its adoption and shall be subject to publication in accordance with effective legislation.

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                               G.A. Vasilevich