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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of March 23, 2001 No. P-110/2001

About appeal terms in court the serviceman of authority punishment

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., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered based on Article 40 and part one of article 116 of the Constitution of the Republic of Belarus the address of the military personnel about appeal terms in court of authority punishment about decrease in position, established the following.

According to article 22 of the Constitution of the Republic of Belarus all are equal before the law and have the right without any discrimination to equal protection of the rights and legitimate interests.

It is provided in Article 8 of the Universal Declaration of Human Rights that each person has the right to effective recovery in the rights by competent domestic courts in cases of violation of its basic rights provided to it by the constitution or the law.

The right to work as the most worthy method of self-affirmation of the person, that is the right to choice of profession, occupation and work according to calling, capabilities, education, professional training and taking into account public requirements, and also on healthy and safe working conditions (article 41 of the Constitution) is guaranteed to citizens of the Republic of Belarus.

Military personnel exercises right to work by means of passing of military service by them.

The state guarantees to the military personnel observance of their rights and freedoms established by the legislation for citizens of the Republic of Belarus with the restrictions in their use caused by features of military service (article 1 of the Law "About the Status of the Military Personnel").

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