Announcement of the Bulletin of the Constitutional Court of the Republic of Belarus

The Constitution of the Republic of Belarus celebrates 15 years. Opening Speach of the Chairman of the Constitutional Court of the Republic of Belarus Petr P. Miklashevich

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

Decision of the Constitutional Court of the Republic of Belarus of 4 February 2009 No. D-313/2009 «On the constitutional legality in the Republic of Belarus in 2008»

 On the 4th of February 2009 the Message «On the constitutional legality in the Republic of Belarus, 2008» was adopted at the session of the Constitutional Court of the Republic of Belarus.
The Message noticed that the activity of the Constitutional Court in 2008 was directed on securing of the Constitution supremacy and direct action of its norms and further strengthening of the constitutional legality in norm-creating and law-enforcement, protection of the citizens constitutional rights and freedoms. The fulfillment of this goal is promoted by the measures taken at the state level on the improvement of the constitutional control.
The most considerable event in our state of the last year on the constitutional justice development was the institution of the obligatory preliminary constitutional control of the laws adopted by Parliament at the stage before the President signing. The preliminary control based on Decree of the President of the Republic of Belarus of 26 June 2008 No. 14 «On some measures on the improvement of the activity of the Constitutional Court of the Republic of Belarus». Thereby the vector of the further development of the constitutional justice is directed today on prevention of the infringements of the constitutionality in norm-creating and elimination of possible negative social consequences of laws contradicting the Constitution. 
In accordance with the procedure of the obligatory preliminary constitutional control the Constitutional Court has considered 102 laws including 3 codes, 24 general and special laws, 40 laws on alterations and addenda and laws which were deemed invalid some legislative acts, 35 laws on ratification of the international treaties of the Republic of Belarus.
Basic principles and norms of the Constitution were developed in the examined laws which were found to be in conformity with the Constitution. At the same time on a number of laws the Constitutional Court has formulated the legal positions directed on the disclosing of the constitutional legal sense of the laws provisions and prevention of the unconstitutional enforcement practice.
As the result of consideration of citizens applications the state bodies and the organizations the Constitutional Court disclosed gaps in the legislation, different interpretation of the legal norms and their bound. For the proper legal regulation the Constitutional Court adopted more than 20 decisions which contain the proposals to Parliament, the Council of Ministers on the gaps and collisions in the legislation elimination including norms of the Civil Procedural Code of the Republic of Belarus, Code of Administrative Offences of the Republic of Belarus, Procedural Executive Code of the Administrative Offences of the Republic of Belarus, etc.
During 2008 a number of decisions of the Constitutional Court were executed that were adopted in previous years:
– legislative propositions of the Constitutional Court on activity of the organizations of builders and co-operative societies, gardening associations were realized in decrees of the Head of the State of the 28th of January 2008 No. 43 and No. 50;
– the legal position on the giving the disabled persons ground areas for garages – in the Land Code;
– the decision on the protection of the personal information – in the Law «On the population register»;
– the decision on the inclusion of some work periods to the length of the public service – in the Law «On the public service of the Republic of Belarus», etc.
The goal for the state ruled by law such as the Republic of Belarus is proclaimed by the Constitution consists in the securing of the constitutionality of the legal regulation of social public relations, an establishment of uniform practice of law-enforcement by all state bodies including courts, control and supervising bodies. In solving this goal the legal positions of the Constitutional Court formulated in its decisions should be used.

Decision of the Constitutional Court of the Republic of Belarus of 18 February 2009 No. D-314/2009 «On the valid period of the power of attorney on money reception from the contribution (deposit) of the citizen on which his pension is transferred»

The Constitutional Court in its decision found the inconsistency of part three of point 98 of the Instruction on the procedure of commission of the notarial actions adopted by the Resolution of the Ministry of Justice of the Republic of Belarus of 23 October 2006 No. 63 with the norms of the civil and bank legislation of the Republic of Belarus. The mentioned norm of the Instruction established a year term of validity of the power of the attorney on reception of pensions when according to Article 187 of the Civil Code the power of attorney can be given for the term up to three years. 
The Constitutional Court came to the conclusion that the specified point of the Instruction cannot extend on the cases of reception of money resources from a deposit of a citizen opened in a bank to which his pension is transferred because these relations have the civil-law character and are regulated by the Civil Code norms. 
The Constitutional Court found as necessary to clarify the norm of part three of point 98 of the named Instruction and proposes to the Ministry of Justice to make the necessary alterations and addenda.

Decision of the Constitutional Court of the Republic of Belarus of 18 February 2009 No. D-315/2009 «On the equal conditions of clearing of compensation of the means spent by the State on preparation of the young specialist»

The Constitutional Court has adopted the decision concerning the legitimacy to demand from a citizen the compensation of the expenses spent on his training by the State in connection with his entering to the full-time education stage in the high educational institutions (universities) of the Russian Federation after he completed the secondary specialized education in the Republic of Belarus.
Now the young specialist received the vocational or secondary specialized education financed by the budget and entered the full-time education stage in the high level institutions in Belarus is quitted the compensation of the expenses spent on his training. However when entering similar institutions in Russia the duty of the compensation is established.
The Republic of Belarus and the Russian Federation were obliged to secure the accessibility and the equal rights of citizens to obtain education of different levels according to the international treaties.
In order to provide the appropriate realization of the Constitution norms and the international treaties of the Republic of Belarus the Constitutional Court proposed to the Council of Ministers to make alterations to the Regulation on the compensation of the expenses spent by the state on the training of a worker (employee), a specialist in republican and (or) the local budgets that should be envisage the quittance of a citizen from the compensation of the expenses spent by the state on his training in case if he entered in institution of higher level in the Russian Federation.

Decision of the Constitutional Court of the Republic of Belarus of 5 March 2009 No. D-316/2009 «On the legal regulation of the retirement benefit»

The Constitutional Court has adopted the decision concerning the legal regulation of payment of retirement benefit when canceling the fixed-term labour contract. The contract is a kind of the fixed-term labour contract. In case of cancellation of the contract in connection with the infringement by the employer of the labor legislation, the collective or individual labour contract should be applied the norm of part three of Article 41 of the Labour Code of the Republic of Belarus with envisaged the payment of the retirement benefit at the rate of two-week average salary.
According to point 2 of the Resolution of the Council of Ministers of the Republic of Belarus of 2 August 1999 No. 1180 when canceling the contract in connected with un-completing or incorrect completing by the employer of its conditions the minimal compensation should be payed for the worsening of the legal status of the employee at the rate of the three monthly average salary.
In practice when cancelling the contract on the specified basis the issue on payment in this case the only minimal compensation or the minimal compensation and the retirement benefit occurred.
The Plenum of the Supreme Court of the Republic of Belarus in its Resolution of 26 June 2008 No. 4 «On the practice of courts consideration of the labour disputes connected with the contract form of recruitment» has explained that «when cancelling the contract the payment of the retirement at a rate of two-week average salary along with the minimal compensation for worsening of a legal status of the employee at a rate of three monthly average salary for infringement by the employer of the labour legislation, the collective or individual labour contract is not envisaged».
According to the opinion of the Constitutional Court the vested uncertainty in issues of payment of the retirement benefit and the minimal compensation when cancelling the contract on this basis can be solved by making the respective alterations to part three of Article 41 and part three of Article 48 of the Labour Code of the Republic of Belarus. In this connection it is proposed to the Council of Ministers of the Republic of Belarus to make the draft of the concerned law.

Decision of the Constitutional Court of the Republic of Belarus of 26 March 2009 No. D-317/2009 «On the Rules of Procedure of the House of Representatives of the National Assembly of the Republic of Belarus»

The Constitutional Court in its Decision has analysed the provisions of the Rules of Procedure of the House of Representatives of the National Assembly of the Republic of Belarus (hereinafter – Rules of Procedure).
The Constitutional Court has proposed to the House of Representatives of the National Assembly to envisage in the Rules of Procedure the procedure of consideration of applications of citizens and organizations with the initiative on the examination of constitutionality of the normative legal acts in the House of Representatives; the procedure of adoption of the laws on the alterations and addenda to the program laws; the procedure initiation of the proposals on the statement by the Constitutional Court position on the documents adopted (published) by the foreign and international organizations and (or) their bodies and infringing on the interests of the Republic of Belarus in relation to conformity of these documents to the universally acknowledged principles and norms of the international law.

Decision of the Constitutional Court of the Republic of Belarus of 26 March 2009 No. D-318/2009 «On the Rules of Procedure of the Council of the Republic of the National Assembly of the Republic of Belarus»

The Constitutional Court in its Decision has analysed the provisions of the Rules of Procedure of the Council of the Republic of the National Assembly of the Republic of Belarus adopted by its Decision of 19 December 2008 (hereinafter – Rules of Procedure).
The part three of the 22 Article of the Code of the Republic of Belarus on judicial system and status of judges that stipulated the state bodies, public associations, organizations and citizens the right to apply to the Council of the Republic with the initiative on the examination of constitutionality of the normative legal act, as well as mechanism of consideration and realisation of the given initiative didn’t envisage in the Rules of Procedure.
The Constitutional Court recognized the necessity to establish in the Rules of Procedure a legal mechanism of consideration of applications of citizens and organizations with the initiative on the examination of constitutionality of the normative legal act in the Constitutional Court by the Council of Republic as the representative body and one of subjects with the initiation right of the constitutional legal proceedings, to establish a specific order of the laws adoption on alterations and addenda to the program laws.

Decision of the Constitutional Court of the Republic of Belarus of 26 March 2009 No. D-319/2009 «On the Rules of Procedure of the of the Council of Ministers of the Republic of Belarus»

The Constitutional Court in its Decision has analysed the provisions of the Rules of Procedure the Council of Ministers of the Republic of Belarus (hereinafter – Rules of Procedure). The Rules of Procedure were adopted by the Council of Ministers of the Republic of Belarus on 14 of February 2009 on the basis of the 38 Article of the Law of the Republic of Belarus «On the Council of Ministers of the Republic of Belarus» and regulate matters of the organization and activity of the Council of Ministers.
At the same time in the Rules of Procedure is not defined the procedure of adoption by the Council of Ministers decisions on aproval or rejection of application of citizens and organizations with the initiative on the examination of constitutionality of the normative legal act and the mechanism of realization by the Council of Ministers the right of applying to the Constitutional Court by their own initiative concerning constitutionality of the normative legal acts.
In the Rules of Procedure is not established the procedure of initiation by the Council of Ministers to the Constitutional Court the proposals on the statement of the Constitutional Court position about the documents, adopted (published) by the foreign States, the international organizations and (or) their bodies and infringing on the interests of the Republic of Belarus in relation to conformity of these documents to the universally acknowledged principles and norms of the international law. The right of the Council of Ministers of submitting to the Constitutional Court of such proposals is envisaged by the Decree of the President of the Republic of Belarus of 26 June 2008 No. 14 «On some measures on the improvement of the activity of the Constitutional Court of the Republic of Belarus». The Constitutional Court has proposed to the Council of Ministers of the Republic of Belarus to make the necessary alterations and addenda to the Rules of Procedure.

Decision of the Constitutional Court of the Republic of Belarus of 9 March 2009 No. P-241/2009 «On the legal responsibility of the economic entities for infringement of the state registration rules»

Decision of the Constitutional Court of the Republic of Belarus of 25 March 2009 No. P-242/2009 «On rewarding the Deputy Chairman of the Constitutional Court of the Republic of Belarus Alexander V. Maryskin with Diploma of the Constitutional Court of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 25 March 2009 No. P-243/2009 «On rewarding the Judge of the Constitutional Court of the Republic of Belarus Valentina V. Podgrusha with Diploma of the Constitutional Court of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 25 March 2009 No. P-244/2009 «On confirming of Resolution on the Bulletin of the Constitutional Court of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 25 March 2009 No. P-245/2009 «On confirming of structure of the editorial board of the Bulletin of the Constitutional Court of the Republic of Belarus»

On realization by state bodies of decisions of the Constitutional Court of the Republic of Belarus

Latushkin S.P. On the decisions execution of the Constitutional Court of the Republic of Belarus in the I quarter, 2009

Scientific information

Miklashevich P.P. The Constitution of the Republic of Belarus is a reference point of improvement of the legal system and the constitutional control

The article dedicate to the 15th Anniversary of the Constitution of the Republic of Belarus the author considers such issues as the backgrounds of the constitutional doctrine and constitutional law of the Republic of Belarus; Constitution as a special type of the normative legal act. Provisions of the Constitution of the Republic of Belarus are analyzed from the point of view of its direct action, use in the activity of the Constitutional Court. In this case special attention is paid to the Constitution as the basis of the legal system. Enshrining in it of the international legal standards, development of the understanding of the fundamental rights and freedoms on the contemporary stage, main constitutional values and principles, constitutional guarantees of the social and economic rights of citizens, mechanism of the separation of powers. There were described the peculiarities of the obligatory preliminary constitutional control of the laws, there were made a proposition on the adjusting of the criteria of the constitutionality while examination of laws in accordance with the procedure of preliminary constitutional control, a formulation of the definition of the legal positions, which are formed while execution of the preliminary constitutional control of the laws, it was proposed its classification.

 Boiko T.S. The legal positions of the Constitutional Court of the Republic of Belarus concerning the budgetary legislation

The article states and analyzes the legal opinions of the Constitutional Court the Republic of Belarus formulated at the stage of the preliminary constitutional control of laws while the examination of the constitutionality of norms of the Budgetary Code of the Republic of Belarus and the Law of the Republic of Belarus «On the Republican budget 2009». Ways of perfection of specific opinions budgetary and tax laws are proposed.

Pugachev A.N. Revision of the issued decisions by the constitutional courts: Belarusian and foreign experience

The problem of revision of the constitutional courts decisions is investigated. Three major components of Belarusian and foreign jurisprudence are studied with using of comparative methodology: legislations, judicial practice and scientific doctrines. The bases of revision of the decision of the Constitutional Court of the Republic of Belarus according to the effective legislation are considered. The author proves a conclusion that the legislative regulation of the revision procedure of decisions of the Constitutional Court in Belarus requires perfection.

Chupris O.I. The legal regulation of relations in public service sphere in the Republic of Belarus

The article is dedicated to the burning issues of the legal regulation of the state service relations. The inconsistence of the labour-legal conception of the state service is grounded in the article on the basis of public nature and essence of the state service using the different methods and analysis of the legislation. It is proved that the legal regulation of the state services relations has a complex character, and the priority belongs to the norms of administrative law. The place of the state service norms as the independent field of legislation is defined within the legislation system of the Republic of Belarus.

Foreign experience of constitutionalism

Maslovskaja T.S. The constitutional reform in France

The constitutional reform in France, which is taken place in July 2008, is studied: its prerequisites, purpose, procedure and main stages of its carrying. Survey of basic changes and addenda, which are concerning more than a half of a constitutional text, is given. Grade issues of the French Republic Constitution of 1958 are analyzed. Rapt attention is attended to innovations operational of public authorities. The concerned reform is realized at three lines. Firstly there is a raising of the level of control under the executive power. Secondly there is a strengthening of the Parliament. Thirdly there are new rules for citizenry. Under consideration there are new rights of citizenry: a popular legislative leadership; an opportunity a calling in question of unconstitutional character of legislative regulations, which are broken the rights and freedoms; the opportunity asking for help to the Defender of the rights and so on. A conclusion is drawn about a complex character of the reform, which can be estimated as a new wording of the French Republic Constitution.

International relations of the Constitutional Court of the Republic of Belarus

Participation of the Constitutional Court of the Republic of Belarus delegation in the First World Conference on the constitutional justice (on 22–24 January 2009)

Visit of the Supreme Court of India delegation (on 11–14 March 2009)

Events and Facts

Arrangements within the framework of the Belarusian action “We are the citizens of Belarus!”