of February 28, 2000 No. P-94/2000
About some questions connected using Item 31.5 of regulations on licensing of security activities in 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., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shabaylova V. I., G.B. Cone, Shuklina V. Z., being guided by Article 40, part one of article 116 of the Constitution and article 7 of the Law "About the Constitutional Court of the Republic of Belarus", considered question of realization by officials of separate state bodies of the right to free pass on objects (territory) of the companies, organizations, organizations.
Having analyzed regulations of the Constitution, the laws, other regulations, and also practice of their application, the Constitutional Court established the following.
The resolution of Council of Ministers of the Republic of Belarus of February 19, 1999 N262 "About Approval of the Regulations on Licensing of Security Activities in the Republic of Belarus" (The collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1999, N 6, 149) is approved by the Art. Regulations on licensing of security activities in the Republic of Belarus. Item 31.5 of the specified Provision provides that the subjects of managing performing security activities shall provide free pass on the objects (territory) of officials of the combining "Protection", the State committee of financial investigations of the Republic of Belarus and the State Tax Committee of the Republic of Belarus.
From content of the specified Item of the Provision it is possible to draw conclusion that the list of persons having the right to free pass to the protected objects (territory) has exhaustive character that creates in practice contrary to requirements of the laws certain difficulties in realization by authorized officers of separate state bodies of the functions.
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