Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

  DECISION No 8 OF JUNE 17, 1997 ON CC No 3/97

The decision agreed with that part of the Chief Prosecutor's claim on grounds of Art. 149 para 1 subpara 2 of the Constitution vis a vis Art. 61 para 1 subpara 5 of the Law on Physical Education and Sport (Darzhaven Vestnik, No 58/1996) and disagreed with Clauses 5 and 6 of the quoted Law.
The Constitutional Court ruled that Art. 61 para 1 subpara 5 was unconstitutional as it provided "to set aside 3 percent of the receipts from games of fortune for a fund". The Constitution does not provide for the Government unilaterally even by a law to bind physical persons and legal entities to set aside part of the receipts from their lawful businesses for the funds of various agencies and government institutions. Only taxes are binding and these are treated in a law that Parliament passes. Development funds for various sectors of the public life and the economy can be instituted providing they raise their money from voluntary contributions or internal resources. Unilateral burdens that are introduced by the Government and that do not answer the description of a tax when the revenues are not intended for the national or municipal budgets contravene Art. 60 of the Constitution and on these grounds the Court concluded that the provision challenged shall be termed unconstitutional
As regards Clauses 5 and 6 of the law the Constitutional Court ruled that these clauses extend on all legal actors who organize games of fortune. Relicensing which is required is a compulsory condition both for private physical persons and legal entities and for state legal entities. No reasons were found to rule these provisions were unconstitutional.