Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous comments, referring to section 204 of the Penal Code, the Committee noted that a decision given on an appeal by the Deputy Attorney-General of the USSR by the Plenary of the Supreme Court of the Byelorussian SSR overturned the conviction for leading a parasitic way of life of a 19-year-old graduate, who had refused various jobs offered to her and lived at her parents' expense. The Committee expressed the hope that the Government would communicate a copy of the above decision and of any further decisions defining the scope of section 204 of the Penal Code.

In the absence of the texts requested, the Committee hopes that the Government will soon provide a copy of the decision in question, as well as copies of other decisions defining or illustrating the scope of section 204 of the Penal Code. 2. In its general direct request of 1981, the Committee referred to paragraphs 67-73 of its General Survey of 1979 on the Abolition of Forced Labour, concerning restrictions on the freedom of workers to leave their employment. It noted that in a number of countries the status of certain persons in the service of the State, including career members of the armed forces, is governed by statutory provisions under which the right to leave the service is subject to authorisation. In some cases a link is made between the length of training received and that of service normally required before resignation is accepted. Since such restrictions may have a bearing on the application of the Conventions on forced or compulsory labour, the Committee asked the Government to provide information on national legislation and practice concerning the situation of the various categories of career members of the armed forces and of other persons in the service of the State, with regard in particular to the freedom to leave the service on their own initiative after a reasonable time, either at specified intervals or by giving notice.

The Committee noted the Government's statement that the Labour Code of the Byelorussian SSR permits workers to terminate their labour contracts of indefinite duration by giving one month's notice in writing, and requested the Government to indicate the extent to which these provisions also apply to career members of the armed forces. Noting that the Government's report contains no information on the matter, the Committee expresses the hope that the Government will soon provide the information requested.

3. Since 1964, the Committee has been asking the Government to provide the texts of the Administrative Code of the Byelorussian SSR, of any regulations issued under the Code and any laws or regulations governing the performance of community services, mentioned by the Government in a previous report. The Committee noted earlier the Government's statement that a number of points of the Administrative Code had been amended and that a new edition was in the process of being prepared. In its last report, the Government refers to the Administrative Offences Code and indicates that it is being amended. Pending these amendments, the Committee asks the Government to provide copies of the Administrative Offences Code, as presently in force, and of the other documents requested. It also asks the Government to indicate whether the Administrative Offences Code has replaced the Administrative Code.