SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of June 12, 2001 No. P-118/2001

About procedure for return of shares to the citizens who were disposed from the housing cooperatives performing construction of apartment houses

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 appeals of housing cooperatives concerning constitutionality of the operating procedure for indexation and return of shares established by Provisional regulations for procedure for indexation of the shares returned to citizens in case of their exit from housing cooperatives.

So, the youth housing cooperative "Good neighbors" which since November, 1999 conducts construction of the apartment house in Minsk in the residential district Robin-6 appealed to the Constitutional Court. Due to the rise in price of construction in 2000 part of members of cooperative left its structure. Payment of shares to left was performed according to the Charter of MZhSK, that is after acceptance of new members of cooperative.

However in connection with high construction cost the accession of new members to cooperative was performed slowly. As a result of several former members of MZhSK took a legal action with the claim to cooperative for collection from it of shares, having proved the requirements by the reference to the Provisional regulations for procedure for indexation of the shares returned to 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 (further - Provisional regulations). According to Provisional regulations in case of voluntary exit or exception of citizens of the HCC performing construction of apartment houses, their shares are indexed depending on change in value of installation and construction works (Item 4) and return to the terms determined by board of HCC, but no later than 2 months from the date of exit (exception) of the citizen of cooperative (Item 5).

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