of December 18, 2008 No. P-303/2008
About realization of the subjective right in case of cancellation of precepts of law
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Maryskin A. V., Danilyuk's judges of Page E., Izotko V. P., Kozyrevoy L.G., Ryabtsev L. M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P., Shuklin V. Z. considered the address of the citizen concerning implementation of the Decree of the President of the Republic of Belarus of June 13, 2001 No. 17 "About procedure for providing with premises of the military personnel, faces of the private and the commanding structure of law-enforcement bodies, financial investigations, bodies and divisions for emergency situations" (further - the Decree No. 17). The citizen specified that according to the called Decree the decision on provision of free financial aid on repayment of the soft credit obtained on premises construction was made on it as employee of law-enforcement body. The presidential decree of the Republic of Belarus of March 19, 2007 No. 128 "About some questions of provision and use of premises of the state housing stock" (further - the Decree No. 128) the Decree No. 17 is declared invalid in this connection financial aid by the applicant is received not in full. The citizen considers that he has the right to free financial aid in full as he addressed for it even before recognition of the specified Decree invalid.
It should be noted that it was entrusted to provide with the President of the Republic of Belarus in December, 2007 (after recognition of the Decree No. 17 voided) to the Prime Minister of the Republic of Belarus payment of financial aid to persons on whom in established by the Decree No. 17 procedure before entry into force of the Decree No. 128 decisions on payment of such help for the account and within the means provided on these purposes in the budget of the Republic of Belarus for 2007 are made.
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