SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of January 22, 2001 No. P-105/2001

About condition of the constitutional legality in the Republic of Belarus in 2000

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., Shabaylova V. I., G.B. Cone, 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 2000" (the text is attached).

2. Publish the Message "About condition of the constitutional legality in the Republic of Belarus in 2000" 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 2000"

The constitution of the Republic of Belarus determines our state as democratic social legal (Article 1). This constitutional regulation obliges state bodies to pursue active policy on stabilization of economy, regulation of economic activity for the benefit of the person and society, to involvement of citizens to administration of society and the state, realization of the principle of the cross liability of the state and the citizen. Such activities are directed to guaranteeing human rights and freedoms, being the supreme value and the purpose of society and state (article 2 of the Constitution).

The main and permanent objective of the Belarusian state, as well as any other democratic social and constitutional state, ensuring constitutional rights and freedoms of each man and citizen is. The solution of the specified task is promoted by timely adoption and updating of acts of the legislation, forming of the law-enforcement practice answering to spirit and letter of the Constitution, requirements of modern development of the state and society. Only for the last four years in the republic updated current legislation is essential, 18 codes and more than 400 laws directed to regulation of the most important public relations and realization of constitutional rights and freedoms are adopted.

In this regard the role of the constitutional control in the come 21st century considerably raises as constantly arising all new requirements and tendencies of social development cause need of adequate and timely enhancement of system of law, impose additional requirements to the state institutes designed to create conditions for complete providing the rights and freedoms of each man and citizen and proper accomplishment of the obligations assigned to them.

In the democratic constitutional state activities of the Constitutional Court allow to eliminate in the civilized way legislation defects, to resolve exclusively legal means the arising conflict situations between state bodies, public associations, officials and citizens, to recover supremacy of law and justice. It is equitable to interests both citizens, and the states and societies in general.

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According to part one of article 116 of the Constitution control of constitutionality of regulations in the state is assigned to the Constitutional Court of the Republic of Belarus. Implementation by the Constitutional Court of function of the constitutional control is the integral condition of forming of the Belarusian state as democratic social and legal. Accomplishment by the Constitutional Court of this obligation was performed first of all by means of consideration of the arrived materials, including personal and collective addresses of citizens, based on Articles 40, of 116, of 122 and other articles of the Constitution. These materials according to article 44 of the Law "About the Constitutional Court of the Republic of Belarus" were basis for assessment of condition of the constitutional legality in 2000.

Hearing of cases in the Constitutional Court is caused by the contradictions in the legislation including arising for the objective reasons impossibility in many cases law enforcement officials unambiguously to determine whether there correspond regulations of the Constitution. Constitutional rights and guarantees of their providing not always gain in the current legislation necessary development and realization in practice. Quite often the regulations adopted in pursuance of the act of higher level not only will not be approved with content of its regulations, but also go beyond subject of admissible regulation. The constitutional court notes that on the cases considered for the expired period the regulations adopted not only before enforcement of the Constitution of the Republic of Belarus, but also after its acceptance were recognized unconstitutional.

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