Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its report.

1. Legislation concerning persons "leading a parasitic way of life". In its previous observations, the Committee referred to the provisions of section 204 of the Penal Code concerning persons "leading a parasitic way of life". Noting that the fundamental principles of penal legislation were currently under review, the Committee expressed the hope that the Government would be able to envisage adopting measures to clearly exclude from the legislation any possibility of compulsion to work that is not in conformity with the Convention, either by repealing section 204 of the Penal Code, or by limiting the scope of this provision to persons engaging in illegal activities. The Committee hoped that the Govermment would supply information on developments in this direction.

In its report, the Government supplies detailed statistics on the annual numbers of criminal proceedings under section 204 of the Penal Code against "persons leading a parasitic way of life", which declined from 1,308 cases in 1985 to two in 1990 and one in the first six months of 1991. Furthermore, under the law of Belarus on the employment of the population, which came into force on 1 July 1991, administrative coercion in any form to engage in work is not permitted, with the exception of cases provided for in the legislation. In conformity with this law, the Government considers that section 204 of the Penal Code can be repealed, and the Council of Ministers has tabled a bill to this effect for consideration by the Supreme Soviet at its session beginning 15 October 1991.

The Committee notes these indications with great interest. It hopes that section 204 of the Penal Code as well as the Order of 30 January 1985 on its manner of application, mentioned in the Government's report, and any supplementary provisions in this field will soon be repealed, and that the Govermment will supply a copy of the text adopted to this end.

2. Freedom to leave the service. The Government indicates in its report that the discharge from service of members of the USSR armed forces stationed in the Republic of Belarus is regulated by the following instruments of the Union:

- Act of the USSR dated 12 October 1967 relating to the General Obligation to Perform Military Service; - Ordinance of the USSR Council of Ministers dated 18 March 1985 relating to Adoption of the Regulations Governing Performance of Military Service by the Officers of the USSR Armed Forces; - Ordinance No. 241 dated 18 March 1985 of the USSR Council of Ministers relating to Amendment of the Decision of the Government of the USSR Providing for the Rights of Servicemen in the USSR Armed Forces; - Ordinance No. 934 of the USSR Council of Ministers dated 2 October 1985 relating to Adoption of the Regulations on Performance of Military Service by Ensigns and Non-Commissioned Officers in the USSR Armed Forces.

The Government adds that currently, there is no Belarussian legislation with respect to the different categories of members of the armed forces as regards discharge from service. Discharge from the service is decided by the USSR Ministry of Defence.

The Committee takes due note of these indications. It requests the Government to send with its next report copies of the legislative texts referred to in its reports, as well as information on any new developments regarding the adoption of legislation on these matters by Belarus. The Committee hopes that, in the drafting of any new provisions in this field, statutory effect will be given to the freedom of career members of the armed forces to leave the service in time of peace on their own initiative after a reasonable period, either by giving notice or at specified intervals.