of February 27, 2001 No. P-108/2001
About some questions concerning legal status of gardening partnerships
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., Tikovenko A. G., Filipchik R. I., Shuklina V. Z., having considered based on Article 40, parts one of Article 116 and part four of article 122 of the Constitution of the appeal of Council of Association of gardening partnerships (cooperatives) "Garden" of the Minsk region, separate gardening partnerships of rather legal regulation of the organization and activities of gardening partnerships, and also their state registration and re-registration, established the following.
In addresses it was specified that separate executive committees recommended to gardening partnerships to carry out their reorganization in the form of transformation to consumer cooperatives, referring at the same time to requirements of the Decree of the President of the Republic of Belarus of March 16, 1999 No. 11 "About streamlining of state registration and liquidation (the activities termination) of subjects of managing" (with changes and additions made by the Decree of November 16, 2000 No. 22) according to which non-profit organizations shall bring till July 1, 2001 the constituent documents into accord with this Decree, the Civil code of the Republic of Belarus and other legislation.
Applicants with respect thereto noted that: 1) for transformation of gardening partnerships to consumer cooperatives there is no necessary legal basis as such transformation of March 16, 1999 No. 11 does not follow from the Civil code and the Decree of the President of the Republic of Belarus, and non-profit organizations can exist also in other forms which are not specified directly in group of companies; 2) even if such transformation will be performed, for registration the payment shall not be levied; 3) functioning of gardening partnerships is in many respects aggravated with imperfection and inconsistency of the current legislation about gardening partnerships.
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