CONTENTS

Official Materials and Decisions
of the Constitutional Court
of the Republic of Belarus

• Decision of the Constitutional Court of the Republic of Belarus of 12 May 2005 No. D-185/2005 "On taxation of compensation for moral injury"
  

Summary:

     Under Article 60 of the Constitution to defend their rights, liberties, honour and dignity citizens shall be entitled in accordance with the law to recover, through the courts, both property damage and financial compensation for moral injury.
     Civil legislation of the Republic of Belarus contains legal norms regulating relations as regards recovery the moral injury and specification by the court of the amount of its compensation. Injury caused to a person or to the property of a citizen shall be subject to compensation in full by a person who caused injury. Grounds and the amount of compensation for moral injury caused to a citizen shall be specified by the norms of the Civil Code (Chapter 58, Articles 152, 968). Compensation for moral injury shall be carrying out in money form, the rate of the compensation shall be fixed by the court depending on the character of the caused to the victim physical and moral suffering, as well as on the guiltiness degree of the inflicter of the injury in instances when the guilt is the ground for injury compensation. By fixing the rate of compensation for the injury, there must be taken into account the requirements of reasonableness and fairness.
     The Law "On income tax from natural persons" for specification of exemption of sums of compensation for moral injury from taxation has the multi-valued wording "within the limits of rates specified by the legislation of the Republic of Belarus".
      Study of law enforcement practice signifies that the sums of financial compensation for moral injury with the exception of the listed directly in the given Law instances of compensation for the injury in question are considered by the tax bodies as the subject to taxation as "other income". The Constitutional Court pointed out that the existing practice, where there are sums of compensation for moral injury which are subject to taxation, and there are other sums which are not subject thereto, is not fully grounded on the provisions of the Law "On income tax from natural persons", because the distinction in taxation of the sums of compensation for moral injury depending on circumstances which were the reasons of its compensation shall not follow directly from the norms of the Law in question.
      The Constitutional Court pays attention to the fact that the purpose of the compensation for moral injury is not a profit making one, but shall be the compensation for the moral and physical suffering caused.
      Taking into account the Message of the Constitutional Court of the Republic of Belarus "On constitutional legality, 2004" which noted that the high level of quality of the legislation shall presuppose the absence in it of any ambiguity and that is the necessary condition of unique understanding of legal norms and their practical application, the Constitutional Court has proposed the House of Representatives of the National Assembly to take the measures on improvement of the norms of the Law "On income tax from natural persons" which regulate taxation of compensation for moral injury and practice of their application by way of interpretation of the given Law or making in it alterations for exclusion of multi-valued understanding and application of the specified norms for the purposes of more full protection of the rights of citizens.

• Decision of the Constitutional Court of the Republic of Belarus of 24 June 2005 No. D-186/2005 "On proposals concerning application of norms of legislation on amnesty"

Summary:

     In its Decision the Constitutional Court has once again paid attention to the fact that the persons who committed crimes before the date of enforcement of the law on amnesty and the convicts before or during the execution of this law have already acquired the right to amnesty, which may not be restricted by the fact that afterwards the verdicts delivered with respect to them have become the subject to reconsideration according to the procedure of cassation or supervision. Therefore, if repeated verdicts are delivering after expiration of the time period prescribed for the execution of the law on amnesty, then this circumstance must not exert influence on application to the persons in question of amnesty as reduction of the fixed by the court term of punishment for one year.
     The Constitutional Court has proposed the Supreme Court of the Republic of Belarus and the Procurator's Office of the Republic of Belarus to secure unique practice in the specified instances.

• Decision of the Constitutional Court of the Republic of Belarus of 28 April 2005 No. P-128/2005 "On proposals related to improvement of legislation on issues concerning social and cultural sphere"

• Decision of the Constitutional Court of the Republic of Belarus of 28 April 2005 No. P-129/2005 "On interpretation of part one of Article 132 of the Criminal Code of Procedure of the Republic of Belarus"

• Decision of the Constitutional Court of the Republic of Belarus of 28 April 2005 No. P-130/2005 "On some issues concerning application of Decision of the Constitutional Court of 15 September 2004 No. P-110/2004"

• Decision of the Constitutional Court of the Republic of Belarus 24 May 2005 No. P-131/2005 "On procedure of establishment of casual relationship of disease resulted in disablement or death with Chernobyl Nuclear Power Station disaster"

• Decision of the Constitutional Court of the Republic of Belarus of 24 May 2005 No. P-132/2005 "On confiscation of property belonging to bona fide acquirer"

• Decision of the Constitutional Court of the Republic of Belarus of 20 June 2005 No. P-133/2005 "On rates of services as regards privatization of housing stock"

• Decision of the Constitutional Court of the Republic of Belarus of 20 June 2005 No. P-134/2005 "On right to ownership to flat of member of housing and building cooperative who made in full the shares before 1 May 1994"

• Decision of the Constitutional Court of the Republic of Belarus of 24 June 2005 No. P-136/2005 "On dues from natural persons while crossing by them the State Border of the Republic of Belarus through the border crossing points"

• Decision of the Constitutional Court of the Republic of Belarus of 30 June 2005 No. P-137/2005 "On right of payment of insurance sums (risk) of officials of bodies of internal affairs who were taken ill while serving and performing official duties as regards liquidation of effects of Chernobyl Nuclear Power Station disaster"

Citizen lodged an appeal with the Constitutional Court

      Replies to the appeals of citizens to the Constitutional Court

Scientific information

• R.I. Filipchik. Constitutional principles and guarantees for realization of the right to judicial protection in the Republic of Belarus

      Article points out and makes characteristics of constitutional principles and guarantees of realization of the right to judicial protection in the Republic of Belarus.
      Author emphasizes that enhancing of authority of the judiciary, role of courts in protection of rights, freedoms and lawful interests of a human being and the citizen is connected indissolubly with proclamation and realization of democratic principles of justice, which serve fulfillment the tasks set before the court. For more full realization of constitutional principles and guarantees of securing judicial protection, author motivates the necessity of giving the court (judges) the right to appeal directly to the Constitutional Court with the proposal (request) on verification of constitutionality of an enforceable enactment, which was or is subject to application by examining the concrete case under Article 112 of the Constitution.

• V.V. Polyansky. Some problems of harmonization and unification of legislation on public power under conditions of integration of law systems of Belarus and Russia

      Author made an attempt to specify generally the legal forms of securing solution of tasks in the field of harmonization and unification of legislation of Belarus and Russia in the light of realization of provisions of Treaty on Creation of Union State (1999).

• G.D. Sadovnikova. International legal norms in sphere of parliamentarism and their influence on legal system of Russia

      Author considers briefly the influence of international legal norms and international standards in the field of parliamentarism on the development of Russian legislation. Article emphasizes that the Constitutional Court of Russian Federation while forming its legal positions is guiding by universally acknowledged principles and norms of international law and they shall be subject to application by the courts of common jurisdiction.

• M.N. Satolina. Some aspects of changing the theoretical and legal approaches to legal regulation of public relations at a modern stage of society's development

      This article considers a number of changes typical for the information society that, from the author's point of view, shall significantly influence on the theory of law and legal regulation of social relations.
      The author refers the following to such changes: appearance of virtual legal relations and virtual entities and subjects of law; appearance of new features of legal relations (supranational character); interstate unification of legal information resources; adoption of intergovernmental organizations' documents aimed at solving the matters of information society; possibility to reconsider in the future such terms as "legal provision", "legislation system", "code of law"; the need in theoretical review of interrelations of informational essence of law, cybernetic principles of management, legal sociology, legal psychology, legal informatics and legal informatizations, etc.
      The mentioned changes are not indisputable or final. The article is a kind of invitation for all interested to comprehensively consider the changes that shall take place in the legal sphere under the conditions of building the information society and introduction of information technologies into the legal sphere.

• A.P. Derbin. Meaning of system of social values in strengthening regime of legality

      Article considers the meaning of accounting of the system of social values in legal system, its influence on the processes of law creation and law application.
      Author emphasizes the actual for the Republic of Belarus problem of choice of the type of the system of social values on which the legal system must be built up. The problem in question has special significance in the process of globalization which shall intensify the contradictions of legal systems based on different systems of social values.
      Specification of the system of social values which are of a determinative significance for forming of legal system requires new integrated approaches, where within the framework of social regulation there must be strengthened the role of other than law social regulators and, first of all, the morality.

• D. Vasilevich. Some aspects of relation of constitutional right to free movement with other human rights and rights of citizens

     Article specifies that the rights and freedoms of citizens shall have both universal nature and are in interdependence to each other.
     On the basis of analysis of legislation of the Republic of Belarus the author considers the link between the freedom of movement with the right of non-interference in private life, electoral right, right to labour, right to medical care, right to housing.
      Article contains proposals concerning improvement of legislation regulating relations in the given sphere.

• O.V. Antonova. On principles of electoral law in the Republic of Belarus

      Article specifies that in spite of the fact of essential level of research of the given issue, as well as practice of holding of elections in our state, it is still actual examination of certain aspects of realization of principles of electoral law. Moreover, the principles of general common nature, equality, freely participation, secret ballot are also universal while realizing other forms of direct democracy. Therefore, the author considers certain problems related to realization by the electorate of the right to participate in elections. For making reasons the author used the provisions of Electoral Code of the Republic of Belarus, acts of Central Commission on Elections and Holding Republican Referenda, as well as electoral legislation of foreign states.

• I.P. Sidorchuk. Local Councils of deputies as participants of civil law relations

      Article studies the legal status of local Councils of deputies as subjects of civil and legal relations. Author emphasizes that they are also bearers of public activities, they shall carry out activities in the interests of the population of the relevant locality.
      Article contains specific restrictions of the activities of the Councils in the given sphere. On the grounds of international experience author forms the proposals on improvement of the civil legislation.

• O.V. Chesalina. Basic rights in the field of collective-contract regulation

     Article is devoted to research of the basic rights in the field of collective contract regulation (the right to conducting collective bargaining and the right to conclusion of collective contracts and agreements) and principles of collective bargaining. The conformity of the national legislation to international labour standards in this area is analyzed.

• I.M. Baranovskaya. To issue of realization by women of the right to labour

     Article pays attention to social and economic right of women to work. Author makes analysis of constitutional norm, practice of its application guiding by sociological study and statistical data. Article emphasizes that the right to labour fixed in the Constitution of the Republic of Belarus is symmetrical on gender level, and only on the level of realization of this right it takes place breakage of the universal standard — equality.

• V.V. Ignatovich. Constitutional bases of regulation of land relations

     Belarusian land legislation has to be based on the constitutional provisions. The purpose of this article is to show some legal problems of land law regulation and to offer the ways for their solving according to the Constitution of the Republic of Belarus and needs of the modern Belarusian society.

• O.V. Cherednichenko. Service as economic and legal form of medical care

     Medical service is a new definition for the Belarusian legislature. The legal and scientific definitions of medical service are given in the article, its characteristics are represented. The author separates the definitions of medical care, medical service and medical operation, explaining the difference between them.

Dates, events, facts

      Mrs. Anna P. Chichina - 55 Anniversary

      Congratulations with Jubilee (70 Anniversary — Mr. G.B. Shishko)

News of higher education science

      Development and Perspectives of National Legal System in the Context of European Integration Processes (materials of Conference at Belarusian State University on 16—17 June 2005)

International relations of the Constitutional Court of the Republic of Belarus

      G.A. Vasilevich. Science and practice in field of constitutional law is directed to protection of citizens

      V.I. Zhishkevich. On visit of Mr. V.D. Zorkin, Chairman of the Constitutional Court of the Russian Federation