of November 6, 2002 No. P-150/2002
About constitutionality of reduction by banks unilaterally interest rates for bank deposit agreements (deposit)
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., Boyko T. S. judges., 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 addresses of citizens about unilateral reduction by banks of interest rates for bank deposit agreements (deposit).
Having analyzed relevant provisions of the Constitution, Civil and Bank codes of the Republic of Belarus, international legal acts, the Constitutional Court established the following.
The bank deposit agreement (deposit) is determined by Article 773 of the Civil code of the Republic of Belarus (further - group of companies) as the agreement under which one party (vkladopoluchatel) accepts from other party (investor) sum of money (contribution, the deposit) and shall return to the investor contribution, and also percent added on contribution according to the terms and procedure stipulated in the agreement. It is provided in part two of this Article that the relations on bank deposit are governed by the legislation.
According to Article 291 of group of companies unilateral refusal from obligation fulfillment and unilateral change of its conditions are not allowed if other does not follow from the legislation or the agreement.
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