of March 20, 2002 No. P-139/2002
About constitutionality of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of December 14, 2001 No. 1804 "About measures for protection of the rights of members of labor unions"
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., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., 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 appeals of Commission on Human Rights, to the national relations and mass media of the House of Representatives of National assembly of the Republic of Belarus, governing bodies of labor unions, certain members of labor unions, other bodies and organizations about constitutionality of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of December 14, 2001 No. 1804 "About measures for protection of the rights of members of labor unions".
In addresses the main attention was paid to the fact that in connection with acceptance by Council of Ministers of the called resolution the rights of workers are violated - members of labor unions freely to dispose of the salary belonging to them, including the right to payroll deduction of the amounts of union dues based on the statement of the worker for their transfer via bank transfer into accounts of trade-union bodies. The attention to contradiction of Item 2 of this resolution to the solution of the Constitutional Court of February 21, 2001 was paid. "About payment procedure of membership union dues".
Having heard the representative of the Government of the Republic of Belarus Minister of Justice of the Republic of Belarus Golovanov V. G. and the Chairman of Federation of trade unions Belarusian Vitko F. P., having analyzed provisions of the Constitution, regulation of international legal documents, the Labor code, laws and other regulations of the Republic of Belarus, the Constitutional Court notes the following.
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