of October 4, 2011 No. P-627/2011
About some questions of legal regulation of provision of child care leave
Constitutional court of the Republic of Belarus as a part of the chairman-chairman of the Constitutional Court Miklashevich P. P., Boyko T. S. judges., Voronovich T. V., Danilyuka of Page E., Izotko V. P., Kozyrevoy L.G., Podgrusha V. V., Ryabtseva L.M., Sergeyeva O. G., Tikovenko A. G., Chigrinova S. P.
based on part eight of article 22 of the Code of the Republic of Belarus about judicial system and the status of judges
according to the procedure of realization of the right to introduction to the President of the Republic of Belarus, in chambers of National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies according to their competence of offers on need of entering into acts of the legislation of changes and (or) amendments
with participation of representatives:
The Ministries of Labour and Social Protection of the Republic of Belarus - Koroleva V. V., the deputy minister of work and social protection of the Republic of Belarus;
The Ministries of Justice of the Republic of Belarus - Shpak A. S., the chief of head department of rule-making activities in the field of the state construction of the Ministry of Justice of the Republic of Belarus,
considered in judicial session the question of legitimacy of failure to provide child care leave raised in the address of the citizen Kroshchuk S. V. before achievement of age of three years by it to the father, other relatives of the child in case of implementation by mother of the child of business activity as the individual entrepreneur.
From the address of the declarant it is seen that the refusal in provision of the specified leave to the father of the child is based on explanation of the Ministry of Labour and Social Protection of the Republic of Belarus from which follows that as the declarant - mother of the child is individual entrepreneur and owing to the labor law has no right to provision of child care leave by it before achievement of age by it three years, such leave cannot be granted also to the child's father.
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