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 examined in accordance with Article 40 of the Constitution the proposal of Skidel city organization of veterans on broadening the circle of persons who are falling into the category of the veterans of war established the following.

     Under Article 47 of the Constitution the State shall display particular concern for veterans of war and labour, as well as for those who lost their health in the defence of national and public interests. The categories of the citizens who related to the veterans of war shall be secured in the Law "On veterans". Part one of Article 2 of the Law "On veterans" establishes that the veterans of war, in particular, shall be recognized individuals who took part in operations on the defence of Fatherland and were allotted to the front-line forces (navy), partizan detachments and underground organizations as well as those who took part in local wars and military conflicts in the territory of other countries and were allotted to the formations as specialists and counsellors of Armed Forces, the Committee of National Security of the USSR, the Ministry of Internal Affairs of the USSR.

     In accordance with Article 2 of the Law "On veterans" the veterans shall be also recognized:

     the individuals who took part in armed struggle against band units in composition of destructive battalions, platoons and detachments of the defence of people who operated since 1 January 1944 till 31 December 1951 in the territory of the Ukrainian SSR, Byelorussian SSR and Baltic Republics;

     the individuals who took part during the Great Patriotic war in armed struggle against fascist aggressors and were allotted to the destructive detachments and people's volunteer corps;

     the individuals who were allotted to the special formations and took part in mine clearing of the territory after its liberation from German occupation in 1943-1945;

     workers of special formations whose status was transferred during the Great Patriotic war to the status of the persons who were in the ranks of the Red Army and carried out the tasks in the interests of Army and Navy within the home front borders of effective battle-fronts or active zones of operative fleets;

     the individuals who constantly live in the territory of the Republic of Belarus and took part in fighting actions against fascist Germany, its allies and imperialistic Japan during the years of the Second World war in the territory of foreign countries and were allotted to the national armies;

     the persons of civilian composition of the Soviet Army, Navy, forces and bodies of the Ministry of Internal Affairs and the Committee of National Security who held established posts in military units, headquarters and establishments which were allotted to the Army in the Field;

     the citizens of the Republic of Belarus who took part in the resistance movements against fascist Germany, its allies in the territory of other states as well as foreigners and stateless persons who took part in military operations and were allotted to the Soviet Armed Forces, partisan detachments, formations, underground organizations.

     The application of Skidel organization of veterans of 23 May 1999 specifies that with the adoption of the Law "On veterans" the citizens of the last martial draft of 1927 year of birth have been deprived of the status of the participant of war, though they were awarded with Medals "For Victory over Germany" or "For the Victory over Japan".

     In the opinion of Skidel city organization of veterans, the citizens of 1927 year of birth who were called up to military service during the Great Patriotic war, also made the contribution in the victory over Germany and by their long post-war fixed-term service in the Army (till 1953) helped the State in ensuring its safety. The organization in question has the request to make alterations and addenda into part one of Article 2 of the Law "On veterans" and to grant the persons who were awarded with the Medals "For Victory over Germany" or "For the Victory over Japan" the status of veterans.

     The Constitutional Court has also studied the Provision on the Medal "For Victory over Germany in the Great Patriotic war 1941-1945" and the Provision on the Medal "For the Victory over Japan".

     In accordance with the Provision on the Medal "For Victory over Germany in the Great Patriotic war 1941-1945" approved by the Decree of the Presidium of the Supreme Council of the USSR of 9 May 1945 (Vedomosty Verkhovnogo Soveta SSSR, 1945, No. 26), with the Medal "For Victory over Germany in the Great Patriotic war 1941-1945" shall be awarded:

     a) all servicemen and persons of civilian staff composition who took part in the ranks of the Red Army, Navy and forces of People's Commission for Internal Affairs which took part directly on the fronts of Patriotic war or secured the victory by their work in military districts;

     b) all servicemen and persons of civilian staff composition who served during the Great Patriotic war in the ranks of the active Red Army, Navy and forces of People's Commission for Internal Affairs but those retired as a result of wounding, illness or mutilation as well as transferred in accordance with the decision of the State and Party organizations to another work out of the Army.

     According to the Provision on the Medal "For Victory over Japan" approved by the Decree of the Presidium of the Supreme Council of the USSR of 30 September 1945 (Vedomosty Verkhovnogo Soveta SSSR, 1945, No. 26), with the Medal "For Victory over Japan" shall be awarded:

     a) all servicemen and persons of civilian staff composition of the units and formations of the Red Army, Navy, forces of People's Commission for Internal Affairs who directly took part in fighting actions against Japanese imperialists in the rank of the forces of 1 Far-Eastern, 2 Far-Eastern and Zabaikalsky fronts, the Pacific Ocean fleet and Amur river flotilla;

     b) servicemen of central management of People's Commission for Defence, People's Commission for Navy and People's Commission for Internal Affairs who took part in the securing of fighting actions of the Soviet forces at Far-East.

     Having studied the proposal of Skidel city organization of veterans the Constitutional Court deems that that proposal is worthy to pay attention thereto and it will promote more full realization of the constitutional guarantees of the citizens.

     Based on the aforementioned and guided by Article 40 of the Constitution, 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 consider the issue on making addendum to part one of Article 2 of the Law "On veterans" which envisages the granting to the persons awarded with the Medals "For the Victory over Germany" or "For the Victory over Japan" the status of the veterans of war.

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                              G.A. Vasilevich