CONTENTS

Problems, opinions, comments

• V.V.Podgrusha. Constitutional unity of law creation and law application in legal system of the Republic of Belarus

Summary:
     Article deals with the issues of constitutionality in the spheres of law creation and law application, the problems concerning the quality of enforceable enactments, improvement of the legislation taking into account the norms of international law and maximum use of general legal principles and norms enshrined in the Constitution.
     Special attention is paid to the forms of influence of the Constitutional Court on law-making process and on the practice of law application, as well as to the analysis of decisions of the Constitutional Court studying the issues of non-constitutionality in the specified spheres.

• A.A.Kenik. The Procurator's office as a constitutional body of supervision over observance of the rights and liberties of citizens

Summary:
     Article considers the issues of the role of the Procurator's office in the system of state bodies and gives analysis of the competence of the Procurator's office. Author raises the issue on the necessity of broadening the powers of the Procurator's office in the sphere of protection of the rights and liberties of citizens, including granting the Procurator's office the right of legislative initiative and the right to appeal to the Constitutional Court on verification of the constitutionality of enforceable enactments.

• K.V.Akimenko. Formation of system of ideas of human rights in Russian Empire and USSR

Summary:
     Article is dedicated to forming the concept of human rights protection in Russian Empire and in the Soviet Union. There is a study of the relevant legal acts, as well as the activities of the Committee of constitutional supervision of the USSR in the field of securing individual rights and freedoms.
     Author makes conclusion that on the one hand the USSR had strong economic system with real guarantee for the citizens of their social and economic rights, on the other hand the USSR had a number of shortcomings in securing civil and political rights of an individual.

• A.A.Pilipenko. Fairness of taxation as the principle of organization of tax system

Summary:
     Article considers one of the most important principles of taxation - principle of fairness assuming participation of citizens in support of the State in proportion to their income. The given principle, which shall include universal nature, equity and equal taxation, has been studied on the grounds of comparative analysis of tax legislation of foreign countries and the Republic of Belarus.

• A.N.Korsak. Some issues of legal regulation of tax base as applied to VAT

Summary:
     Article considers the peculiarities of legal regulation of one of the main elements of the tax law - tax base as applied to VAT. Author emphasizes on certain shortcomings, which, in his opinion, take place. There is a conclusion that tax bodies, by specifying tax base, shall go beyond the competence granted those bodies by the acts of legislation of the Republic of Belarus.

• E.-A.O. Barkovskaya. Peculiarities of criminal liability of minors in the Republic of Belarus

Summary:
     Article considers the peculiarities of criminal liability of minors in the Republic of Belarus, makes analysis of the complex of legislative norms forming the system of penalties which are subject to application to the minors in the Republic of Belarus, as well as deals with the issues of release of minors from criminal liability.

The topic of the issue: "Constitutional complaint"

     G.A.Vasilevich. Problems of forming and development of constitutional complaint in the Republic of Belarus

     O.B.Kuznetsov. Institute of constitutional complaint in Poland

     S.Langer. The protection of fundamental rights by the Federal Constitutional Court by way of constitutional complaint

     L.L.Guerra. Individual appeals before the Constitutional Court: some considerations on the problem in Spain and Belarus

Fundamental human rights and freedoms
in international law and their protection

• Case-law of the European Court

     Decisions of the European Court of Human Rights on the cases "Shestakov v. Russia", "Ryabykh v. Russia", "Appolonov v. Russia". Extracts

International relations of the Constitutional Court

• Symposia, conferences, seminars

     L.O. Murashko. Development of constitutional justice in the State shall specify the level of its democratic institutions (Joint German-Belarusian Seminar "Role of the Constitutional Court in the State ruled by law" Minsk, 26 September 2003)

• Visits

     K.I. Kenik. Visit to the Constitutional Court of the Republic of Belarus of Mission of International Labour Organization

     V.I. Seledevsky. Visit of delegation of People's Procuratorate of China

     G.A. Vasilevich. International Conferences on the problems of constitutional law

     V.I. Moroz. International UNIDEM Seminar "Environmental protection and human rights"