of January 5, 2005 No. P-182/2005
About legal regulation of procedure and terms of return of shares to persons which were disposed from the organizations of citizens builders
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., judges Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Filipchik R. I., G.B. Cone, Shuklina V. Z. considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus addresses of citizens concerning constitutionality acting procedure and terms of return of means in case of the termination of participation in construction of premises.
In addresses, in particular, it is noted that questions of return of money to persons who were disposed from the organizations of citizens builders for the different reasons including because of considerable rise in price of construction cost in comparison with originally stipulated, properly are not settled and their decision depends on acceptance of new citizens builders instead of disposed. Normative established deadlines of return of money are absent.
The problem of return of shares to the citizens who were disposed from the organizations of citizens builders was already considered by the Constitutional Court in 2001. On June 12, 2001 the decision in which the Constitutional Court noted that the indexations of the shares returned to the citizens in case of their exit from housing cooperatives approved by the resolution of the Cabinet of Ministers of the Republic of Belarus of June 6, 1996 No. 375, terms of return of the specified fees provided by Provisional regulations for procedure do not consider feature of forming and expenditure of financial resources of housing cooperatives that infringes upon the rights and legitimate interests of members of cooperatives was made, worsens functioning of housing cooperatives as legal entities, completion of construction of apartment houses and their input in operation detains.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.