The examined Law introduces alterations and addenda to the Military doctrine of the Republic of Belarus confirmed by the Law of January 3, 2002, to the laws of the Republic of Belarus «On Defense», «On the Exclusive Property of the State», «On Mobilisation and Preparation thereof», «On State of Emergency», «On State of Martial Law», «On Civil Defense». Thereby are specified the powers of state bodies regarding creation, accumulation, use and conservation of material values in the state and mobilisation material reserves. As to legal terminology of the set forth laws it is brought in line with the terminology of the laws of the Republic of Belarus «On State and Mobilisation Material Reserves», «On Border Services of the Republic of Belarus».

When examining the constitutionality of the Law the Constitutional Court proceeds from the following.

According to part one of Article 2 of the Constitution the individual, his rights, freedoms and guarantees for their realisation appear to be the supreme value and goal of the society and the state. In part three of Article 21 of the Constitution it is established, that the state safeguards rights and freedoms of the citizens of Belarus, enshrined in the Constitution and the laws, and specified in the state's international obligations. For the purpose hereof the Article 59 of the Constitution stipulates the state duty to take all available measures to create the internal and international order that is necessary for the full exercise of rights and freedoms of the citizens of the Republic of Belarus provided by the Constitution.

The constitutional Court believes that the ultimate realisation of constitutional rights and freedoms of the citizens is possible in a sovereign democratic social state ruled by law. By virtue of part three of Article 1 of the Constitution the protection of independence and territorial integrity of the Republic of Belarus, of its constitutional system as well as the guarantee for legality and law and order are the essential tasks of the state. With a view of realisation of the given constitutional provision the state fixed corresponding constitutional duties of a person: it shall be responsibility and sacred duty of every citizen of the Republic of Belarus to defend the Republic of Belarus (part one of Article 57 of the Constitution); everyone in the territory of the Republic of Belarus shall abide by its Constitution and laws and respect national traditions (Article 52 of the Constitution).

Thus the Constitutional Court notes that when protecting its independence and territorial integrity, the constitutional system, legality and law and order the state protects thereby the constitutional guarantees for realisation of rights and freedoms of the citizens. It is provided with the exercise of state defense, with carrying out conforming mobilisation actions, the establishment of legal regimes of emergency and martial law. The given measures may not be carried out without the state and mobilisation material reserves built up and maintained at the level that allows free realisation of defensive and law-enforcement functions by the state.

The Constitutional Court considers that alterations and addenda provided by the Law and introduced into legislative acts of the Republic of Belarus help to define more precisely the powers of state bodies on creation, accumulation, use and conservation of material values in the state and mobilisation material reserves as well as ensure more co-ordinated regulation of public relations relevant to the state and mobilisation material reserves. Within their contents the set forth alterations and addenda are in line with the Constitution.

By part four of Article 104 of the Constitution it is stated that the laws on the basic directions of internal and foreign policies of the Republic of Belarus, on the Military doctrine of the Republic of Belarus are program ones and they are considered to be adopted upon condition that no less than two thirds of elected deputies of the Parliament had voted for with the full composition of two chambers thereof.