SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of January 31, 2000 No. P-92/2000

About condition of the constitutional legality in the Republic of Belarus in 1999

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 1999" (the text is attached).

2. Publish the Message "About condition of the constitutional legality in the Republic of Belarus in 1999" in the Zvyazda and National Newspaper newspapers, and also in "Vedamastsyakh Natsyyanalnaga to descent of Respubliki Belarus" and "Vesniku Kanstytutsyynaga Suda Respubliki Belarus" in ten-day time from the date of acceptance.

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 1999"

Respect for the constitutional legality which basis is constituted by proper providing the rights and personal freedoms, their protection and protection from the state has the determining value for formation of the Republic of Belarus as democratic social constitutional state, strengthening of the authority of the Republic of Belarus on the international scene and successful development of the international relations. Activities of the Constitutional Court of the Republic of Belarus in 1999 when implementing of the constitutional powers by it were directed to approval in the Republic of Belarus of the principle of supremacy of law (article 7 of the Constitution) and strengthening on this basis of protection of rights and freedoms of man and citizen, realization of the cross liability of the state and citizens. The constitutional court of the Republic of Belarus within the competence took all measures for enhancement of system of law of the Republic of Belarus and its more bystry approach available to it to international standards.

Estimating condition of the constitutional legality in the Republic of Belarus, the Constitutional Court, being guided by article 44 of the Law of the Republic of Belarus "About the Constitutional Court of the Republic of Belarus", was based on the cases and materials studied and considered in 1999.

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Consideration in the Constitutional Court of the most difficult, the questions having the public importance, is the commonly accepted means of permission of the legal conflicts in any modern democratic and constitutional state.

Constitutional court of the Republic of Belarus, performing stipulated in Article 116 Constitutions function of control of constitutionality of regulations in the state, considered 17 cases in 1999. More than 30 regulations of different level were subjected to check.

The analysis of the cases considered by the Constitutional Court demonstrates that in respect for the constitutional legality, providing the rights and freedoms of citizens, enhancement of the legislation, its reduction in compliance with regulations of the Constitution of the Republic of Belarus and the conventional principles of international law there are problems requiring the solution.

Follows from the cases considered by the Constitutional Court in 1999 that the main place in them was taken by the questions concerning providing the rights and freedoms of the citizens guaranteed by the Constitution of the Republic of Belarus.

The fundamental law proclaims the right of citizens of the Republic of Belarus to the dwelling provided with development of the state and private housing stock, assistance to citizens in acquisition of housing (Article 48); the property right and assistance to its acquisition is guaranteed to everyone (Article 44); equality of all before the law and the right without any discrimination to equal protection of the rights and legitimate interests is fixed (Article 22). However, as it is seen from materials of specific cases, these rights and guarantees not always obtain due fixing in the acts of the legislation designed to govern the corresponding public relations.

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