of June 15, 2001 No. P-120/2001
About legal line item of the Constitutional Court of the concept "the citizen of the Republic of Belarus who is constantly living in the Republic of Belarus" which is rather used in article 80 of the Constitution of the Republic of Belarus
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., the G.B. Cone based on Articles 7, of 8, of 40, of 59, 116 and 137 Constitutions of the Republic of Belarus reviewed request of the Central commission of the Republic of Belarus at elections and holding republican referenda on line item of the Constitutional Court concerning determination of the concept "the citizen of the Republic of Belarus who is constantly living in the Republic of Belarus" used in article 80 of the Constitution.
In request it is specified that in the Central commission of the Republic of Belarus on elections and holding republican referenda documents on registration of initiative group of citizens on promotion by the candidate for president of the Republic of Belarus of Poznyak Z. S. arrived., staying now outside the Republic of Belarus.
Having analyzed provisions of the Constitution, regulations of international legal acts, the Electoral code, other acts of the legislation of the Republic of Belarus, the Constitutional Court notes the following.
In case of determination of the place of permanent residence it is necessary to consider not only the place of the actual finding of person during this or that period of time (in the Republic of Belarus or beyond its limits), but also its intention to take this place as the place of the permanent residence. Content of this concept is predetermined by the purposes of departure (disposal) out of limits of the Republic of Belarus: whether departure is temporary or this disposal on the permanent residence to other state.
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