The Constitutional Court of the Republic of Belarus comprising of the Presiding Officer - Chairman of the Constitutional Court G.A. Vasilevich, judges T.S Boiko, K.I. Kenik, V.V. Podgrusha, A.G. Tikovenko, R.I. Filipchik, V.I. Shabailov, G.B. Shishko, V.Z. Shuklin, having examined on the basis of Article 40 of the Constitution of the Republic of Belarus complaints of the citizens, who had served twenty years and more in the bodies of militia, which specify the absence of the possibility to exercise the right to transfer them free of charge into their property of the occupied living space, has established the following.

     Article 28 of the Law of the Republic of Belarus "On militia" envisages that local Councils of deputies shall transfer living space occupied by officials of militia, who had served in the bodies of militia no less than twenty calendar years, into their property free of charge. The given norm is valid at the present time, its effect has not been repealed as well as has not been suspended.

     Under Article 12 of the Law of the Republic of Belarus "On privatization of available housing in the Republic of Belarus" certain categories of the citizens of the Republic of Belarus shall be transferred living accommodation free (with housing quota, sum of quotas taking into account) in accordance with the legislation of the Republic of Belarus. Article 38 of the Law in question stipulates that calculation of housing quota shall be made till 1 July 1999.

     There are cases in practice when officials of militia, for whom housing quota has not been calculated, may not realize the right envisaged by part five of Article 28 of the Law of the Republic of Belarus "On militia". As a ground for the refusal an official of militia in transfer free of charge of living accommodation into property very often was the circumstance, that the term fixed by Article 38 of the Law of the Republic of Belarus "On privatization of available housing in the Republic of Belarus" for calculation of housing quota with respect to all the citizens of the state without exception has expired.

     Provision on privatization of living accommodation in the houses of state and social available housing, their janitirial service and repair, approved by resolution of the Council of Ministers of the Republic of Belarus of 30 June 1992 No. 398 (with following alteration and addenda thereto) envisages that citizens of the Republic of Belarus, who were granted citizenship after 1 July 1992 as well as citizens of the Republic of Belarus who have used housing quota for privatization of dwelling for other purposes, may privatize occupied living accommodation on the paid ground only at the prices which were effective at the moment of privatization with consumers' qualities of dwelling taken into account minus depreciation value, without the right to privilege on free acquisition into property of the occupied living accommodation.

     In this connection, in the opinion of the organs, which secure dwelling privatization, absence in officials of militia of housing quota (privatizing cheque payable to a named person "Dwelling"), for example, in connection with its use for other purposes, is an obstacle for transfer of the occupied by them living space into property.

     The Constitutional Court considers to be well-grounded the observance of the legislation on dwelling privatization in the way that for officials of militia who have the right to transfer them a living accommodation into property free of charge and for those who had but did realized the right to calculation of housing quota till 1 July 1999 living accommodation shall be transferred into property free, whereas housing quota is remained to be uncalled at the state and may not be calculated.

     At the same time there are sufficiently weighty arguments that under Article 28 of the Law of the Republic of Belarus "On militia" the right to get into property of living space by officials of militia is co-ordinated only with the service duration in the bodies of militia - no less than twenty calendar years. That Article did not specified such a condition as the presence of housing quota or sum of quotas. Analysis of the aforementioned norms of legislation has made it possible for the citizens to suppose that the norm of part five of Article 28 of the Law of the Republic of Belarus "On militia" should be applied irrespective of the norm of Article 12 of the Law of the Republic of Belarus "On privatization of available housing in the Republic of Belarus", in other words, living space should be transferred disregarding (without the presence of) housing quota. It should be taken into consideration that the Law of the Republic of Belarus "On militia" had been adopted and has come into force more earlier than the Law of the Republic of Belarus "On privatization of available housing in the Republic of Belarus".

     In that connection, in the opinion of the Constitutional Court, based on the significance of the problem raised by the citizens, the Parliament ought to give official interpretation of part five of Article 28 of the Law of the Republic of Belarus "On militia" and to specify, whether the right to transfer to officials of militia of living space into property free of charge is conditioned by calculation of housing quota. The issue on the possibility for realization by officials of militia of the rights in question, if they used the calculated for them housing quota for other purposes is also required to be explained. As one of the possible variants for securing the realization of the given right may be the establishment of the procedure when officials of militia, who had served in the bodies of militia no less than twenty calendar years, shall have the right to get dwelling free of charge into property on condition of return to the state of modernized value of housing quota.

     Solution of that issue shall contribute to the ensuring exact and uniform application of the legislation in the Republic of Belarus, more full protection of the rights of officials of militia.

     Based on the aforesaid and guided by Article 40 of the Constitution of the Republic of Belarus, Articles 7, 36 of the Law "On the Constitutional Court of the Republic of Belarus", the Constitutional Court

RULED:

To propose the National Assembly of the Republic of Belarus to remove from the emerged uncertainty in the application of part five of Article 28 of the Law of the Republic of Belarus "On militia" by way of official interpretation.

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                               G.A. Vasilevich