SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of February 12, 2002 No. P-138/2002

About condition of the constitutional legality in the Republic of Belarus in 2001

Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman of Court Maryskin A. V., Boyko T. S. judges., Vorobey G. A., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., Shuklina V. Z., having considered question of condition of the constitutional legality in the Republic of Belarus, being guided by article 44 of the Law "About the Constitutional Court of the Republic of Belarus" and article 80 of Regulations of the Constitutional Court,

solved:

1. Accept the Message of the Constitutional Court of the Republic of Belarus to the President and chambers of Parliament of the Republic of Belarus "About condition of the constitutional legality in the Republic of Belarus in 2001" (the text is attached).

2. Publish the Message "About condition of the constitutional legality in the Republic of Belarus in 2001" in the Zvyazda and National Newspaper newspapers in ten-day time from the date of acceptance, and also in the Vesnik Kanstytutsyynaga Vessels Respubliki Belarus magazine.

To the president of the Republic of Belarus

To the House of Representatives of National assembly of the Republic of Belarus

To council of the Republic of National assembly of the Republic of Belarus

The message of the Constitutional Court of the Republic of Belarus "About condition of the constitutional legality in the Republic of Belarus in 2001"

In modern conditions the single legal document, on basis and in pursuance of which all state system of law can develop normally the democratic Constitution is. Democratic it is possible to consider the Constitution which regulations affirm foundations of real democracy, rights and freedoms of man and citizen, establish and provide optimum balance as interests of the state, society, and certain person. The constitution of the Republic of Belarus meets these requirements. The principle of supremacy of law provided in Article 7 of the Fundamental Law shall be considered as normative fixed justice, and the rights and freedoms - as valuable reference point in law-making and law-enforcement practice, the limiter not only the rights and freedoms of other persons, but also the state.

Activities of the Constitutional Court designed to exercise control of constitutionality of regulations were aimed first of all at providing rule of the Constitution and consequently, and supremacy of law that testifies to democratic nature of our state, development of the constitutional system meeting on the content modern international standards among which the most important is recognition of rights and freedoms of man and citizen the supreme value and the purpose of society and state.

As basis of estimates and conclusions about condition of the constitutional legality the questions raised in the addresses which arrived in the Constitutional Court, studied and the materials considered by it in 2001, the decisions made by the Constitutional Court served in the Republic of Belarus.

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Last 2001 is celebrated in the Republic of Belarus by the main historical event - free democratic election of the president of the Republic of Belarus. As positive results of domestic policy of the state this year it should be noted tendency to further enhancement of the legislation, extension of the legal framework of economic activity, constitutionality strengthening including safety of citizens, to expansion of guarantees of protection of their basic rights and freedoms.

The constitutional court notes that as a result of adoption in the Republic of Belarus of fundamental legal acts in the majority of branches of law necessary premises for realization and protection of constitutional rights of citizens are created. In those spheres of the public relations where such acts are not adopted yet or are not settled up to standard (for example, in the field of administrative and legal and tax legal relationship), it is allowed how practice shows, the greatest number of violations of the rights of citizens. In case of adoption of regulations of the ministries, local councils of deputies, executive and administrative organs they quite often join the provisions which are not meeting standards of the Constitution and legal acts of the Republic of Belarus or allowing ambiguous understanding and their application in practice. At the same time rule-making bodies, having adopted this or that act, not always control law enforcement process, do not analyze the reason of non-execution of normative requirements, ambiguous law-enforcement practice.

In 2001 the Constitutional Court makes 48 decisions concerning different branches of law. The questions connected using the electoral, housing, labor, social, civil, administrative, tax, penal, criminal procedure and other laws were consideration subject in the Constitutional Court.

By consideration of addresses the Constitutional Court was guided by Articles 40, of 59, of 116, of 122, 137 and other articles of the Constitution, and also the Law "About the Constitutional Court of the Republic of Belarus", proceeded from the public importance of the questions raised in them and assessment of social effects of application of the disputed regulations.

Subject of consideration of the Constitutional Court when carrying out regular elections of the President of the Republic of Belarus were the questions concerning the electoral laws.

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