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, V.I. Shabailov, G.B. Shishko, V.Z. Shuklin having studied the applications of the citizens where the issues of payment of shares to the retired members of house building co-operatives as well as to the heirs of the deceased shareholder established the following.

     The issues of payment of the shares may be raised both in the process of building a dwelling house by house building co-operative (hereafter - HBC) and after its completion. With a view to regulate the issues which are emerging by paying shares in instance of voluntary withdrawal or exclusion from HBC in the process of building dwelling houses, the Cabinet of Ministers of the Republic of Belarus has approved in its Resolution No. 375 of 6 June 1996 the Temporary provision on the procedure of indexation of shares which are repaying the citizens in instance of their withdrawal from house building co-operatives. On the grounds of the specified Temporary provision there have been elaborated and approved by order of the Ministry of Architecture and Construction of the Republic of Belarus No. 320 of 17 September 1996 the Methodical instructions on indexation of shares which are repaying the citizens in instance of their withdrawal from house building co-operatives.

     The issues of payment of shares after the completion of building are not being regulated duly in the effective legislation. At the same time there are often took place the cases of withdrawal from HBC and death of a shareholder after completion of building, when the right of property to a house dwelling is not recorded in the specified procedure and therefore, there is a necessity to pay shares former members of HBC as well as the heirs of a deceased shareholder. In order to determine in this case the sum of paying out shares the Ministry of Housing and Communal Services of the Republic of Belarus of 10 December 1998 No. 02-01-05/342, the Ministry on Statistics and Analysis of 10 December 1998 No. 01-21/97 and the Ministry of Architecture and Construction of the Republic of Belarus of 11 December 1998 No. 03-2/03-9456 adopted the joint Explanation on the determination of the sum of shares which are repaying former members of house building co-operatives or the heirs of a deceased shareholder. The given Explanation is not recorded in the established procedure but it concerns the rights of the citizens and has, in the opinion of the Ministry of Housing and Communal Services of the Republic of Belarus (letter No. 02-01-05/1 of 6 January 1999), recommendation character. At the same time it establishes only the procedure of determination of the sum of repaying shares. As for the procedure and conditions of their payment they are not regulated by the enforceable enactments. In connection with the gap in the normative regulation of the issues of paying of shares the members of HBC who have retired after the completion of building or the heirs of a shareholder who has died after the completion of building in practice there is an absence of uniformity in solving the given issues on the part of relevant bodies and officials.

     Based on the aforestated it deems to be reasonable to adopt an enforceable enactment which shall regulate the procedure and conditions of paying shares the members of housing and building co-operatives who retired after the completion of building and the heirs of a shareholder who died after completion of building as well as the procedure of determination of the repaying sum.

     On the grounds of the abovementioned 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 Council of Ministers of the Republic of Belarus to settle the issue on normative regulation of the procedure and conditions of paying shares the members of housing and building co-operatives who retired after the completion of building and the heirs of a shareholder who died after completion of building.

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                              G.A. Vasilevich