SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of February 18, 2009 No. P-314/2009

About effective period of the warrant for receipt of money from contribution (deposit) of the citizen on which its pension is transferred

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., Boyko T. S. judges., Danilyuka of Page E., Izotko V. P., Kozyrevoy L.G., Podgrusha V. V., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P., Shuklin V. Z. based on part eight of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges considered part third of Item 98 of the Instruction on procedure for making of notarial actions approved by the resolution of the Ministry of Justice of the Republic of Belarus of October 23, 2006 No. 63 (in edition of the resolution of November 14, 2008 No. 67) (further the Instruction).

In part three of Item 98 of the Instruction it is determined that the warrant for receipt of pension cannot be issued for the term of more than one year.

According to part four of article 83 of the Law of the Republic of Belarus of April 17, 1992. "About provision of pensions" pension payment is made at the choice of pensioners through the organizations of mail service, banks, the organizations performing activities for delivery of pensions.

According to part one of article 87 of the specified Law pension can be paid by proxy which can be issued for the term of not over one year.

The questions connected with features of pension payment through banks by proxy including concerning establishment of deadline of operation of such power of attorney, were subject of consideration of the Constitutional Court.

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