Editors' note:
Following the last decision presented in this issue [BLR-96-2-012], the Bulletin's liaison officer at the Belarusian Constitutional Court resigned together with six others out of the 11 judges of the Court including its President.
On 24 November 1996 in Belarus a referendum was held on - among other topics - two proposals - one by the President, the other by parliamentary groups - for amendments to the Constitution. Before the referendum, the Constitutional Court had held that the referendum on these points could only be of consultative character (see below [BLR-96-2-011]).
After this decision but before the referendum, the Venice Commission had been invited by Mr. Sharetsky, Speaker of the Belarusian Parliament, to give its opinion on the two proposals. The Commission found them to fall short of the minimum democratic standards of the European constitutional heritage and called upon the authorities of Belarus to abide by the decision of the Constitutional Court and to try to find a solution to the constitutional crisis which would be in harmony with European standards.
After the referendum and in spite of the decision of the Constitutional Court as well as an agreement of 22 November 1996 between himself, the Speaker of the Parliament and the President of the Constitutional Court on the consultative status of the referendum, the President signed and promulgated his constitutional draft which had been approved in the referendum.
As a consequence of these events, the Bureau of the Parliamentary Assembly of the Council of Europe decided on 13 January 1997 to suspend the special-guest status of Belarus with the Assembly.

Important decisions

Identification: BLR-96-2-005
a) Belarus / b) Constitutional Court / с) / d) 18.06.1996 / e) J-37/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 3/1996 / h).

Keywords of the systematic thesaurus:
Constitutional Justice - Types of litigation – Distribution of powers between central government and federal or regional entities.
Constitutional Justice - The subject of review - Presidential decrees.
Institutions - Executive bodies - Territorial administrative decentralisation.

Keywords of the alphabetical index: Executive Committees, appointment of Chairmen / Local government.

Headnotes:
Under the Constitution (Article 124) the jurisdiction, rules of establishment and activities of local government and self-government bodies shall be determined by law.
Legislation in force provides for the regulation of appointment of Chairmen of Local Executive Committees as well as determining their competence.

Summary:
The case was brought as a result of a constitutional motion tiled by the Chairman of the Supreme Council. The motion challenged the constitutionality and legality of Presidential Decree no. 476 of November 1995 "On the establishment of the Rule on Chairmen of the Executive Committees of the City and District of Minsk".
The Rule determines the procedure of appointment for the heads of these Executive Committees, as well as broadening their powers. This was found by the Court to be contrary to the laws and to the Constitution.
The Court emphasised that procedural issues and the legal status of the Chairman of the Executive Committee are specified by the Law "On local government in the Republic of Belarus" (Article 14.51.0).
The Court declared certain points of the Presidential Decree to be unconstitutional and invalid.

Supplementary information:
The decision was taken by the Court with one dissenting opinion.

Languages: Belarusian, Russian.

Identification: BLR-96-2-006
a) Belarus / b) Constitutional Court / с) / d) 25.06.1996 / e) J-38/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 3/1996 / h).

Keywords of the systematic thesaurus:
Fundamental Rights - Civil and political rights - Freedom of movement.
Fundamental Rights - Civil and political rights - Inviolability of the home.
Fundamental Rights - Economic, social and cultural rights - Right to housing.

Keywords of the alphabetical index: Housing, preservation.

Headnotes:
Under the Constitution, citizens of the Republic of Belarus have the right to housing, to move freely within the borders of the Republic of Belarus, and to leave and return to Belarus unimpeded. No-one shall be arbitrarily deprived of a dwelling.

Summary:
The case was brought by the Constitutional Court at its own discretion. The Court examined the constitutionality of Article 70 of the Housing Code of the Republic of Belarus. This Article provided that in the event of a temporary absence of a tenant or his or her members of family, living accommodation is reserved for a period of six months.
The Court considered that such an absence could not itself constitute an exploitation by these persons of their housing rights and duties under the contract and be a cause in itself for depriving them of their accommodation.
Housing legislation provides for the possibility to lodge sub-tenants on terms and under conditions specified by law. A tenant may also entrust other persons – by granting them power of attorney - with carrying out his or her rights and duties under the contract of tenancy.
The Court considered that the norms of the Housing Code, limiting the preservation of living accommodation in the event of the temporary absence of tenants to a definite period, infringed the constitutional right of citizens to housing.

Languages: Belarusian, Russian.

Identification: BLR-96-2-007
a) Belarus / b) Constitutional Court / с) / d) 27.06.1996 / e) J-39/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 3/1996 / h).

Keywords of the systematic thesaurus:
Sources of Constitutional Law - Categories – Written rules - Constitution.
Sources of Constitutional Law - Categories – Written rules - International Covenant on Civil and Political Rights.
Fundamental Rights - Economic, social and cultural rights - Right to housing.

Keywords of the alphabetical index: Flats, purchase, sale / Houses, purchase, sale.

Headnotes:
Citizens may freely sell their flats or purchase flats or houses in other localities. They are free to move and choose their place of residence within the borders of the Republic.

Summary:
The case was brought by the Constitutional Court at its own discretion. The Court examined the constitutionality and legality of the Supreme Council Resolution of 11 June 1993 "On the purchase and sale of flats (houses) in the Republic of Belarus" and of temporary regulations on the purchase and sale of flats (houses), passed by resolution of the Council of Ministers no. 589 of 31 August 1993. These norms provided that only residents of the Republic of Belarus had the right to purchase flats, and that flats could be sold only to residents of the locality except in cases stipulated by the legislation.
The Court stressed that under the Law "On property in the Republic of Belarus", an owner of property possesses, makes use and disposes of property belonging to him or her at his or her discretion and has the right to make any transaction affecting this property which is not prohibited by law.
The parts of the regulation that violated these principles were declared to be invalid.

Languages: Belarusian, Russian.

Identification: BLR-96-2-008
a) Belarus / b) Constitutional Court/c)/d) 04.07.1996 / e) J-40/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 3/1996 / h).

Keywords of the systematic thesaurus:
Constitutional Justice - Types of litigation - Distribution of powers between central government and federal or regional entities.
Constitutional Justice - The subject of review -Presidential decrees.

Keywords of the alphabetical index:
European Charter of Local Self-Government / Local councils, exclusive powers / Local self-government.

Headnotes:
Local councils of deputies themselves decide issues related to their competence, subject to the observance of all legal requirements.

Summary:
The case was brought as a result of a constitutional motion filed by the Chairman of the Supreme Council. The motion challenged the constitutionality and legality of Presidential Decree no. 519 "On some issues regarding the security of activities of local councils of representatives of the Republic of Belarus".
The Decree provides for the determination of the official salaries of chairmen of local councils of representatives as well as for some other issues concerning the organisational and technical aspects of local councils' activities and their bodies.
This decree was held to severe restriction of the powers of the executive committees of local councils in a way which did not conform to fundamental principles of local self-government, as proclaimed in the European Charter of Local Self-Government adopted by the Council of Europe.
Certain points of the Decree were thus found to being unconstitutional and invalid.

Supplementary information: The decision was taken by the Court with one dissenting opinion.

Languages: Belarusian, Russian.

Identification: BLR-96-2-009
a) Belarus / b) Constitutional Court / с) / d) 10.10.1996 / e) J-41/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 4/1996 / h).

Keywords of the systematic thesaurus:
Constitutional Justice - The subject of review -Presidential decrees.
General Principles - Separation of powers.
 Institutions - Head of State - Powers.

Keywords of the alphabetical index: Personnel policy.

Headnotes:
The President shall not interfere with the process of personnel administration of other branches of power. To do so would provide an imbalance in the separation of powers and lead to an excess of executive power.

Summary:
The case was brought as a result of a constitutional motion filed by the Chairman of the Supreme Council. The motion challenged the constitutionality and legality of Presidential Decree no. 464 of 14 November 1995 "On establishing a personnel register of the Head of State of the Republic of Belarus".
The Decree provides for the creation of a personnel register of the main key posts of State bodies. The Chairman of the Supreme Council emphasised that such a register has the aim to establish presidential control over the personnel policy not only in the executive bodies subordinated to him, but also over the bodies of legislative and judicial powers. By means of this register, legislative and judicial bodies could come under the total control of the President as head of the executive.
The Court found two points of the Presidential Decree to be unconstitutional and invalid:
- point 2, insofar as the personnel register would include officials whose nomination (election) is made without participation of the President;
- point 4, concerning the necessity of the President's consent to foreign business trips of heads of State bodies, which are not subordinated to the President of the Republic of Belarus.
Supplementary information:
The decision was taken by the Court with one dissenting opinion.

Languages: Belarusian, Russian.

Identification: BLR-96-2-010
a) Belarus / b) Constitutional Court / с) / d) 17.10.1996 / e) J-42/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 4/1996 / h).

Keywords of the systematic thesaurus:
Constitutional Justice - The subject of review - Presidential decrees.
General Principles - Separation of powers.
General Principles - Legality.
Institutions - Head of State - Powers.
Institutions - Legislative bodies - Relations with the executive bodies.

Keywords of the alphabetical index: Parliamentary newspaper, status.

Headnotes:
Under the Law "On press and other mass media" the activities of mass media may be terminated only by the decision of the founder or by a court.

Summary:
The case was brought as a result of a constitutional motion filed by the Chairman of the Supreme Council. The motion challenged the constitutionality and legality of Presidential Decree no. 233 of 28 June 1996 "On the reorganization of the editors of the newspaper Narodnaya Gazeta".
The Decree provides for the transformation of Narodnaya Gazeta into a joint-stock company.
The Court held that Narodnaya Gazeta is by law a publication of the Parliament and consequently its status has to be decided upon by the Supreme Council, being the founder of the newspaper.
The Presidential Decree was found to be unconstitutional and invalid.

Languages: Belarusian, Russian.

Identification: BLR-96-2-011
a) Belarus / b) Constitutional Court / c) / d) 04.11.1996 / e) J-43/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 4/1996 / h).

Keywords of the systematic thesaurus:
Constitutional Justice - Types of litigation - Admis-sibility of referendums and other consultations.
Constitutional Justice - The subject of review -Constitution.

Keywords of the alphabetical index:
Constitution, amendment / Constitution, total revision / Referendum, wording.

Headnotes:
A national referendum on drafts for a new constitution or on drafts for far-reaching, sweeping changes and amendments to the existing Constitution can only be of consultative value.

Summary:
The case was brought by the Constitutional Court as a result of a constitutional motion filed by the Chairman of the Supreme Council.
The Court examined the constitutionality and legality of the Resolution of the Supreme Council of 6 September 1996 "On holding a republican referendum in the Republic of Belarus and on measures for securing it".
The Supreme Council had decided to hold a referendum in the Republic of Belarus on 24 November 1996 and included on the ballot paper two draft Constitutions with amendments.
The Court held that, although according to Article 149 of the Constitution of 1994 it may be amended by referendum, such a procedure may not be applied where the amendment amounts to a rewriting of the Constitution.
According to Belarusian experts and foreign scholars in the field of constitutional law, the proposed amend-ments to the Constitution were de facto drafts of a new Constitution.
The Court also underlined that under the Law "On Referenda", the ballot paper shall be formulated as a question and not in the form of a statement. Consequently, point 3 of the Resolution concerning the submission of draft amendments to the Constitution to the obligatory referendum was found to be unconstitutional and invalid.

Supplementary information:
The decision was taken by the Court with three dissenting opinions.

Languages: Belarusian, Russian.

Identification: BLR-96-2-012
a) Belarus / b) Constitutional Court / с) / d) 26.11.1996 / e) D-45/96 / f) / g) to be published in the Vesnik Kanstitucijnaga Suda Respubliki Belarus (Bulletin of the Constitutional Court), no. 4/1996 / h).

Keywords of the systematic thesaurus:
Constitutional Justice - Types of litigation – Restrictive proceedings - Impeachment.
Constitutional Justice - Procedure – Originating document - Signature.
Constitutional Justice - Procedure - Documents lodged by the parties - Signature.
Constitutional Justice - Procedure - Parties – Locus standi.
Institutions - Head of State - Loss of office.
Institutions - Legislative bodies - Relations with the Head of State.

Keywords of the alphabetical index: Presidential impeachment.

Headnotes:
Under the Constitution the motion to remove the President from office requires the support of at least seventy members of the Supreme Council.
The question whether the President has violated the Constitution shall be decided by the Constitutional Court.

Summary:
The proceedings on the presumed violation of the Constitution by the President of the Republic of Belarus A.G. Lukashenko were brought as a result of a constitu-tional motion filed by seventy-three members of the Supreme Council of the Republic of Belarus.
In the course of one week twelve of these delegates applied to the Court for the withdrawal of their signatures. The Court ruled that the Constitution and the laws of the Republic of Belarus do not prohibit the withdrawal of signatures in such a case.
The Court held that the number of Supreme Council members required during the examination of such a case on the merits should also be at least seventy. A lower number of signatures would result in an absence of due process.
The Court decided to terminate the case "On the violation of the Constitution of the Republic of Belarus by the President of the Republic of Belarus A. G. Lukashenko".

Supplementary information:
The decision was taken with one dissenting opinion.
This is the last decision adjudicated by the Constitutional Court of the Republic of Belarus in the composition which was formed in April 1994. Following this decision, seven judges of the Court, including the Chairman, the Deputy Chairman and the liaison officer Mr Pastukhov, have resigned.

Languages: Belarusian, Russian.