Constitutional Court of the Republic of Belarus

Address

4 Krasnoarmeyskaya St.,
Minsk,
Belarus.
Tel.: +375-17-327-52-09

Bulletin of the Constitutional Court

4/2005

CONTENTS

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

Judgment of the Constitutional Court of the Republic of Belarus of 4 October 2005 No. J-189/2005 "On realization of Judgment of the Constitutional Court of the Republic of Belarus of 27 September 2002 "On the conformity between the Constitution of the Republic of Belarus and part two of Article 6 of the Law of the Republic of Belarus "On procedure of exit and enter the Republic of Belarus of citizens of the Republic of Belarus", point 13 of Rules of official registration of documents for leaving abroad of citizens of the Republic of Belarus, sub-item 25.1 of point 25 of Instruction on procedure of drawing up passport of a citizen of the Republic of Belarus for leaving abroad in part of fixing five-year term of effect of an obligatory note in passport of a citizen of the Republic of Belarus who is leaving abroad temporary"

Summary:
     The Constitutional Court has examined of 4 October 2005 in open court session the proposal of the Council of Ministers of the Republic of Belarus as regards prolongation of the time period for realization of Judgment of the Constitutional Court of 27 September 2002 related to writing down the permitting note in the passport of a citizen while going abroad. The Constitutional Court in its Judgment of 27 September 2002 has found to be unconstitutional the enforceable enactments specifying the obligation of making such a note in the passports of all the citizens of the Republic of Belarus who want to go abroad, since the absolute majority of them shall have no restrictions for exit.
     The proposal of the Government has been motivated by the fact that the works as regards creation of automated system of frontier control that makes it possible to exercise control over the persons, means of transportation and goods, the function of which will allow to use the national passport as the document for going outside the Republic of Belarus without making the note, may not be finished by the date fixed in Judgment of 27 September 2002 due to their insufficient financing.
     Having studied the materials of the case and the opinions of the state bodies that are responsible for the execution of Judgment of 27 September 2002, the Constitutional Court ruled that the competent state bodies failed to take all the necessary measures as regards its timely realization.
      Proceeding from the necessity of protection of the state and other interests, the Constitutional Court has prolonged the time period for the execution of Judgment of 27 September 2002 before setting up the relevant system of registration of citizens who are restricted lawfully in their exit the Republic of Belarus and enter the Republic of Belarus.
      The Constitutional Court has proposed the Council of Ministers of the Republic of Belarus and the subordinated bodies thereto that are responsible for the realization in practice of the constitutional norm related to the freedom of movement: to inform citizens about perspectives of abolishment in future of the note in the passport and the possible legal regulation of the procedure of exit the Republic of Belarus and enter the Republic of Belarus; for the period of preservation of the notes in the passports for going for abroad to take additional measures concerning simplification of the procedure of their writing down (including reduction of the terms for obligatory adoption of the relevant decisions) and, in particular, with respect to the citizens where the notes in the passports thereof have been made previously and are not annulled.

Decision of the Constitutional Court of the Republic of Belarus of 12 October 2005 No. P-145/2005 "On administering justice by the lawful panel of the court"

Summary:
The given Decision was adopted by the Constitutional Court as a result of the motion of the People's assessor of Gomel oblast court who asked to find to be unlawful the criminal verdict that was delivered with her participation, since she took no oath in accordance with the requirements specified in Decree of the President of the Republic of Belarus of 15 June 2001 No. 18, as well as in Law "On judicial system and status of judges in the Republic of Belarus".
The Constitutional Court, on the grounds of the given normative legal acts, as well as having analyzed the provisions of Articles 388 and 391 of the Criminal Code of Procedure, has emphasized that the composition of the court, while examining the criminal case with participation of a People's assessor who failed to take the oath in accordance with the procedure established by law, shall be unlawful and, therefore, the verdict delivered by such a composition of the court shall be subject to unconditional recall.

Decision of the Constitutional Court of the Republic of Belarus of 21 October 2005 No. P-147/2005 "On legislation that regulates provision of official living accommodation and practice of its application"

Summary:
     Having examined the application and analysed the effective legislation related to the issues of providing with official living accommodation, the Constitutional Court found that the requirements stated in point 30 of the Rules of registration of citizens who are in need of improvement of housing conditions and provision of living accommodation in the Republic of Belarus approved by Resolution of the Council of Ministers of the Republic of Belarus of 22 September 1999 No. 1468 (hereinafter is also referred to as Rules) on obligatory alienation of the living accommodation by the owner in case of providing him/her the living accommodation in houses of the state housing stock may not be subject to application in instances of providing of official living accommodation for the person who has living accommodation as the property. In the opinion of the Constitutional Court, official living accommodation shall have specific status and shall be granted, as a rule, for the period of holding the office. By terminating labour relations, a citizen shall be subject to eviction without granting another living accommodation, except for the instances specified by the acts of legislation.
     The Constitutional Court emphasized that the laws of the Republic of Belarus contain no requirement as such as regards alienation of living accommodation that are in the ownership of citizens while granting them the official dwelling. In the opinion of the Constitutional Court, application in practice of the requirement on alienation of the living accommodation by granting the official accommodation shall violate the right of ownership of citizens.
     The Constitutional Court in its decision paid attention to the necessity of securing additional guarantees of the constitutional right to dwelling of citizens who, at the moment of granting the official dwelling, occupy under the contract of tenancy the premises of the state housing resources.
      Due to that, the Constitutional Court has proposed the Council of Ministers for the purposes of protection of the housing rights and lawful interests of citizens, as well as the right of ownership according to the prescribed procedure to settle the issue on proper legal regulation of provision of official living accommodation for the citizens who have dwellings as the property or who occupy them under the contract of tenancy of a living accommodation of the state housing resources.

Decision of the Constitutional Court of the Republic of Belarus of 21 October 2005 No. P-148/2005 "On rates of state allowances for the families raising children"

Summary:
     Effective Law of the Republic of Belarus "On state allowances for the families raising children" sets up a different rate of allowances for the families that raise children before their age of three years. In particular, the allowance at the rate of 65 per cent of the budget of the living wage shall be granted for the following categories of women: for those who are working under the labour contract or on the grounds of their membership in organizations of any organizational and legal form; those who are carrying out their activities as individual entrepreneurs, as members of peasant farms (farming enterprises), as creative workers; those who are studying at daytime form of vocational training, in high educational establishments, in specialized secondary institutions, post-graduate courses and some other.
     At the same time, unemployment benefit for women, as well as for the women who lost their right to unemployment benefit or for those who are at training courses, retraining courses, professional development on the lines of employment services shall be granted at the rate of 35 per cent of the budget of the living wage.
     The Constitutional Court has found this situation as restriction of the principle of equality of citizens as regards the right to state social insurance and submitted to the President of the Republic of Belarus the request to entrust the authorized state bodies to examine this issue for preparation of the relevant alterations of the effective legislation.

Decision of the Constitutional Court of the Republic of Belarus of 21 October 2005 No. P-149/2005 "On terms of preliminary investigation and application of the preventive punishment as written undertaking not to leave the place and proper behaviour"

Summary:
     The Constitutional Court has examined the motion of the advocate who raised the issue on constitutionality of Article 199 of the Criminal Code of Procedure (CCP) that fixes no time limit for preliminary investigation and that shall entail application within indefinite time period of preventive punishment as written undertaking not to leave the place and proper behaviour, and on this account essential restriction of the rights and freedoms of citizens, especially in those instances where preliminary investigation of the criminal matter is subject to suspension.
     Having analyzed the norms of CCP, the Constitutional Court found no grounds for the proposals as regards fixation of the time limit of preliminary investigation because this would not promote thorough, complete and objective examination of the facts of the criminal case.
     As for the application of the preventive punishment as written undertaking not to leave the place and proper behaviour, where the law also fixes no time limit for it, the Constitutional Court has emphasized that CCP (Articles 117, 120, 138, 139 etc.) shall stipulate certain guarantees of protection of the rights of the accused person while applying it.
      Moreover, the Constitutional Court has once again confirmed the position on direct effect of the norm of Article 60 of the Constitution that guarantees everyone the right to judicial protection, by force of which the accused persons shall have the right to make an appeal to the court against application to them of the specified preventive punishment.
      Optimal realization of the right in question would be conducive to adoption of the regular judgment of the Constitutional Court on the given issue on condition that its consideration will be initiated by the subjects stipulated in part one of Article 116 of the Constitution.

Decision of the Constitutional Court of the Republic of Belarus of 3 November 2005 No. P-153/2005 "On insured accident in instances of voluntary life insurance and supplementary pension insurance"

Summary:
     Constitutional Court of the Republic of Belarus of 3 November 2005 has adopted Decision "On insured accident in instances of voluntary life insurance and supplementary pension insurance" related to the issue of practice of application of legislation by voluntary life insurance and supplementary pension insurance, according to which death of an insured person within the time period of insurance, if the death took place before expiration of three years term from the moment of enforcement of insurance contract shall not be considered as the insured accident.
     In the opinion of the Constitutional Court, inclusion in the rules of voluntary life insurance and supplementary pension insurance of the condition, under which death of an insured person within the time period of insurance is not considered to be the insured accident, if the death took place before expiration of three years term from the moment of enforcement of insurance contract, is not in line with the norms of the Constitution, civil and insurance legislation.
     The Constitutional Court has proposed the Ministry of Finance that shall exercise state supervision in the territory of the Republic of Belarus, to take measures on securing observance of the legislation in part of finding to be the insured accident the death of the insured person during the period of insurance, if the death took place before expiration of three years term from the moment of enforcement of the insurance contract.

Decision of the Constitutional Court of the Republic of Belarus of 3 November 2005 No. P-154/2005 "On legal regulation by bodies of local government and self-government of exercising by citizens hunting and fishing"

Summary:
     The Constitutional Court of the Republic of Belarus in its Decision of 3 November 2005 "On legal regulation by bodies of local government and self-government of exercising by citizens hunting and fishing" has examined the issues of legal regulation of exercising by citizens hunting and fishing.
     In particular, the Constitutional Court emphasized that payment of national tax and local due for exercising hunting and fishing is not double taxation. If a citizen chooses different hunting and fishing areas that are located in the territories of several administrative and territorial units, then the payment of the local due for exercising hunting and fishing shall be in accordance with decisions of local Councils of deputies in the territory of which the specified areas are located. Local Councils of deputies, by determining the procedure of payment of the local due for exercising hunting and fishing, shall have the right to stipulate that the given due shall be paid before obtaining the hunting vouchers and to charge the tenants to issue vouchers in case of presentment of the bank receipt certifying the due payment.
     There have been also confirmed the legal position of the Constitutional Court concerning the issue of shifting the terms for hunting that was stated in decision of the Constitutional Court of 24 December 2002, according to which in case of necessity of shifting the terms for hunting as a result of a state of emergency caused by threat of mass fires, the republican state bodies must take promptly the measures envisaged by the legislation, as well as to inform timely the tenants of hunting areas and citizens with use of broadcasting and other mass media. It was emphasized that finding the facts of causing damage the citizens as a result of adoption of decisions on shifting the terms for hunting, it is the competence of the court of common law to fix the size of the damage and its recovery.

Decision of the Constitutional Court of the Republic of Belarus of 17 November 2005 No. P-155/2005 "On realization of Decision of the Constitutional Court of the Republic of Belarus of 30 June 2005 on the issue of repayment of insurance sums"

Summary:
     The Constitutional Court of the Republic of Belarus on 17 November 2005 has examined applications of citizens where they specify that after adoption by the Constitutional Court of its Decision of 30 June 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 Chernobyl Nuclear Power Station disaster" they made their applications to the relevant bodies of internal affairs with the request to draw up the documents for obtaining the insurance sum under usual grounds, but their applications were rejected with the reference to the fact that decision of the Constitutional Court was adopted only with respect to Mr. I.M. Shavrei.
     According to Law of the Republic of Belarus of 10 January 2000 "On normative legal acts of the Republic of Belarus", acts of the Constitutional Court shall be the normative legal acts that contain obligatory for all rules of behaviour reckoning on indefinite circle of persons and repeated use.
     In this connection, the Constitutional Court has proposed for the Ministry of Internal Affairs of the Republic of Belarus, the Ministry of Emergency and Belarusian Republican unitary insurance enterprise "Belgosstrakh" in case of applications of citizens with the similar issues to solve them in accordance with the norms of Law "On militia", Resolution of the Council of Ministers of the Republic of Belarus of 18 March 1993 No. 156 "On state obligatory personal insurance of persons of the ranks and the officers of the bodies of internal affairs".

Decision of the Constitutional Court of the Republic of Belarus of 1 December 2005 No. P-157/2005 "On constitutionality of delegation by local Councils of deputies of powers to increasing (reducing) of the rate of real estate tax for local executive and administrative bodies"

Summary:
     The Constitutional Court has examined the issue on legality of delegation by Smorgon regional Council of deputies to Smorgon regional executive committee of the powers to increase (reduce) the rate of real-estate tax.
     In accordance with the tax legislation of the Republic of Belarus, such a delegation of powers in the field of tax relations may be considered lawful and well-grounded only as regards granting the right to reduce the rates.
     The Constitutional Court emphasizes that transferring by the local Councils of deputies of the right to increase the rate of real-estate tax to the executive and administrative bodies is not based on the legislation of the Republic of Belarus. Smorgon regional Council of deputies had no legal grounds for transferring to Smorgon regional executive committee the powers to increase the rate of real-estate tax. Smorgon regional Council of deputies shall have the right to realize independently the specified power in accordance with the provisions of the Constitution and in the fulfillment of Article 47 of the Law "On budget of the Republic of Belarus, 2005".

Decision of the Constitutional Court of the Republic of Belarus of 1 December 2005 No. P-158/2005 "To issue on application of Law of the Republic of Belarus "On obligatory insurance of civil liability of carrier before passengers"

Summary:
     The Constitutional Court, by specifying its position as regards the question raised by the applicant, has pointed out that purchase by the citizen of the ticket is not always correlated to the execution of contract of carriage. While transporting the passengers by municipal means of transportation, making of contract shall be carried out by concluding actions (boarding the bus, trolleybus, tram), but the payment for the journey may be carried out in the process of the trip, i.e. during the execution of the contract of carriage.
     The Constitutional Court found that if the presence of the ticket by a passenger confirms definitely the conclusion of the contract of carriage, then the fact that the passenger and carrier are in relations following from the contract of carriage shall not necessarily signify that the passenger must have the ticket in all circumstances.
     In case of dispute, the fact of absence of the contract of carriage between the parties must be proved by the carrier.
     The Constitutional Court ruled that failure to include the ticket in the list of documents stipulated by Article 16 of the Law "On obligatory insurance of civil liability of carrier before passengers" shall be considered to be justified.

Decision of the Constitutional Court of the Republic of Belarus of 1 December 2005 No. P-159/2005 "On confiscation of property of "Belservice-2002 that is bona fide acquirer"

Summary:
Having examined application of Co., Ltd. "Belservice-2002" that contains request to examine the issue on unconstitutionality of part three of Article 28 of the Administrative Code related to confiscation of property from bona fide acquirer, the Constitutional Court has informed that the position of the Constitutional Court on the specified issue was stated in its Decision of 24 May 2005.
At the same time, the Constitutional Court, having paid attention of the applicant to the requirement of the Constitution and the law concerning the procedure of initiation of the constitutional proceedings, pointed out the obligation of the courts and the bodies of the prosecutor's office to act within the frames of their powers, as well as the right of the participants of the proceedings within the frames of Article 112 of the Constitution to put before the court the issue on making the proposal on verification of the constitutionality of the challenging act.

Decision of the Constitutional Court of the Republic of Belarus of 6 December 2005 No. P-165/2005 "On electronic identification of citizens"

Summary:
     On the grounds of examination of application of the group of Orthodox Christians on the issues related to electronic identification of citizens, creation and unification of electronic personal data bases, planning of issue of new identity cards that will contain electronic information and biometric data, as well as applications of citizens who refused from the passports of new model and who, owing to that, have met with the problem of drawing up the pension and benefits, the Constitutional Court emphasized that the problem of the personal identification number had been already subject to consideration by the Constitutional Court and its position was stated in its Decisions of 26 June 2001 and of 15 April 2004.
     In addition, the Court found that while adopting by the state bodies of the relevant decisions on the problem in question, position of Russian Orthodox Church shall be worth of attention.
     The Constitutional Court has also paid attention to the content of Message of the Hallowed Bishop Council to Mr. V.V. Putin, the President of the Russian Federation, as well as Address of the Holly Synod of Russian Orthodox Church of 6 October 2005 to the bodies of power of the countries of the Commonwealth of Independent States and Baltic.
      The Constitutional Court deems that the stated position may be taken into consideration by preparing draft Law "On register of population of the Republic of Belarus", other acts directed to legal regulation of creation of systems of identification and registration, protection of personal identification.

Decision of the Constitutional Court of the Republic of Belarus of 6 December 2005 No. P-166/2005 "On identified number"

Summary:
     On the grounds of examination of collective application of the Deputies of the House of Representatives of the National Assembly of the Republic of Belarus with the request to give explanation in mass media related to giving the citizens of personal (identification) numbers and admissibility of setting up in the republic of alternative system of registration and accounting of citizens who refused from the passports with the numbers in question, the Constitutional Court emphasized that position of the Constitutional Court was stated in its Decisions of 26 June 2001 and of 15 April 2004.
     The Constitutional Court found that introduction of alternative systems of passportization and registration may take place only in the event of positive solution of the authorized state bodies that shall secure legal regulation of the relevant relations.
     The Constitutional Court deems it justifiable to adopt additional measures as regards proper legal regulation of the relevant relations, elaboration of mechanisms of protection from unlawful interference into private life, direct or indirect infringement upon spiritual freedom of an individual.
      In the opinion of the Constitutional Court, adoption of the relevant decisions by the state bodies shall need weighted approach and analysis of position, including position of Russian Orthodox Church.

Decision of the Constitutional Court of the Republic of Belarus of 14 December 2005 No. P-167/2005 "On constitutionality of conditions of insurance specified in rules of voluntary insurance of additional pension"

Summary:
The Constitutional Court has examined application of the Ministry of Finance with the request to express opinion on the conformity between the Constitution of the Republic of Belarus, other acts of legislation and insurance conditions fixed in the rules of voluntary insurance of additional pension.
The Constitutional Court has proceeded from the fact that the rules of voluntary insurance of additional pension that were approved by Director General of Joint-Stock Company "Belarusian national insurance pension fund" that is subject to agreement in the Ministry of Finance, shall not be referring to the normative legal acts, i.e. to the acts of obligatory nature. The Constitutional Court has paid attention to the fact that in accordance with point 11 of Instruction on procedure of drawing up and coordination of the rules of insurance and insurance rates as regards voluntary types of insurance, approved by Resolution of the Ministry of Finance of 22 October 2003 No. 145, the Ministry of Finance shall be entitled to refuse in agreement of the insurance rules in the event of incompatibility of the insurance conditions with the legislation of the Republic of Belarus, as well as with the provision of the Instruction in question.

Decision of the Constitutional Court of the Republic of Belarus of 14 December 2005 No. P-168/2005 "On right of deputies of local Councils of deputies to compensation of expenses related to their activities"

Summary:
     The Constitutional Court on 14 December has examined the application of citizen A.I. Matsiyaki, a deputy of Smorgon regional Council of deputies concerning compensation for the deputies of local Councils of deputies of expenses due to their activities as deputies.
     The Constitutional Court has found that in accordance with Article 33 of the Law "On status of deputies of local Council of deputies of the Republic of Belarus", for the time period of sessions of the Council, as well as for exercising powers of deputies in other instances specified by the legislation, a deputy shall be released from production and official duties for the time period and according to the procedure determined by the Council. For the whole period of release on the grounds of the statement of a deputy, he/she shall be paid average age and compensation for travel expenses in place of work or service. The specified expenses shall be refunded by the organizations at the cost of funds of the relevant local budget.
     The Law in question shall stipulate release from work, as well as the relevant compensations only with respect to the deputies of local Councils of deputies who are working in organizations and shall not envisage granting of guarantees and compensations for the deputies who are unemployed citizens, for the deputies who are pensioners, for the deputies who are individual entrepreneurs.
      The Constitutional Court has proposed the House of Representatives of the National Assembly of the Republic of Belarus for the purposes of securing the protection of the deputies who are unemployed citizens, for the deputies who are pensioners, for the deputies who are individual entrepreneurs to solve the issue as regards compensation of expenses related to their activities as deputies. Before making alterations and addenda into the law that regulates the status of the deputy of the local Council of deputies, it would be expedient to give explanation on the possibility of use of analogy of law while solving the given issue.

Decision of the Constitutional Court of the Republic of Belarus of 28 December 2005 No. P-172/2005 "On rate of real-estate tax for natural persons"

Summary:
     The Constitutional Court has examined the issue on securing the protection of the constitutional rights of citizens and guarantees of their realization due to inequality of payers of real-estate tax for the natural persons in Smorgon region (rate of real-estate tax is differ two times only owing various ways of specification of the value of buildings).
     The Constitutional Court in its Decision of 1 December 2005 on the problem in question emphasized that Smorgon regional Council of deputies had no legal grounds for transferring to Smorgon regional executive committee the powers to increase the rate of real-estate tax and that Smorgon regional Council of deputies shall have the right to realize independently the specified power in strict conformity with the provisions of the Constitution and in the fulfillment of Article 47 of the Law "On budget of the Republic of Belarus, 2005".
     Under part three of Article 122 of the Constitution, decisions of local executive and administrative bodies that are contrary to the law shall be reversed by the relevant Councils of deputies.
      Thus, Smorgon regional Council of deputies shall have sufficient powers to secure protection of the constitutional rights of citizens and guarantees of their realization by specifying the rate of the real-estate tax.

Citizen lodged an appeal with the Constitutional Court

      On procedure of payment of insurance compensation
      On increasing of rate of old-age pension
      On specification in collective contract of limited material liability of workers
      On possibility of participation in criminal process in the courts of the Republic of Belarus of defense lawyers of the Russian Federation
      On calculation of period of service for pension awarding
      On right of ownership to the plot of land where the inherited house is located
      On inclusion of time period of execution of social work in occupational life

Scientific information

G.A. Vasilevich. Parliamentary control - the most important mean of strengthening legality

      Article covers the important role of the Parliament that it has together with the Constitutional Court in strengthening constitutional legality in the state.
      On the basis of analysis of provisions of Belarusian Constitution, author specifies wide controlling powers at both Chambers of the National Assembly - House of Representatives and the Council of the Republic. Article contains the procedure of reaction of the state bodies and officials to the proposals and comments of the deputies of the Parliament.
      Author makes the conclusion that realization of the controlling function of the Parliament may be exercised in the forms and within the limits enshrined in the Constitution by observing the legal status of other state bodies.

R.I. Filipchik. On role of Constitutional Court in improvement of legal regulation of realization by citizens of their constitutional right to judicial protection

      Article covers the role of the Constitutional Court of the Republic of Belarus in improvement of legislation regulating judicial protection of rights, freedoms and lawful interests of citizens. In the opinion of the author, one of the reasons of improper judicial protection shall be imperfection of the legislation (gaps, collisions, "aging" of the norm of law etc.).
      Legal positions of the Constitutional Court that it formulates in its decisions shall be the ground for correcting the legislation, alteration of practice of its application, shall contain conceptual approaches to the issue of a new normative act.
      Author makes the proposal on granting the judges of the courts of common law and economic courts the right to appeal directly to the Constitutional Court with the issue on verification of constitutionality of a normative legal act that was applied or is subject to application while considering the concrete case. Author motivates also the proposal on imposition of the institute of the constitutional complaint.

I.A. Solonevich. Directions of development of a social state in the Republic of Belarus

Article gives grounds for a thesis that among the main directions of policy of Belarusian state the social activities shall have the dominating position. Author points out and makes description of the basic features of a social state. It is underlined the necessity of more strict legislative differentiation of the competence of the state bodies as regards solution of the issues in social field. Article formulates proposals directed at the improvement of legal regulation of relations as regards strengthening of social protection of such categories of citizens as pensioners, children and youth.

S.Y. Artemjev. Development of social and political discussion on the necessity of the institute of Ombudsman in the Republic of Belarus

The issue raised in the article is considering by the author against the background of development of social and political situation in Belarus from the nineties of XX century.
Discussion on establishment of the institute of Ombudsman on the level of the state bodies and in legal literature is in interrelations with provisions of international, including European documents, as well as the relevant acts of recommendation nature adopted within the frames of the Commonwealth of Independent States.

A.I. Syrets. Application of sources of international law in national legal system

This paper is dedicated to a problem of correlation of the international and national law, which is especially actual now because of a global tendency to internationalization of a public life. Author examines various aspects of this problem, including questions of coordination of national interests of the state and its international obligations, resolution of contradictions as a result of ideological and cultural differences between states, insufficient efficiency of international legal sources. In conclusion there are some offers dedicated to increase internal effect of international legal norms and principles.

T.I. Makarova. Constitutional bases of the right to access to justice in environmental matters

Article is devoted to the constitutional bases of the right to access to justice in environmental matters. The definition "access to justice" is a new one in legal system of the Republic of Belarus and appears in it in connection with signing of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus).

O.A. Bakinovskaya. Content of right to lands of cities

Author researches into specific features of realization of the powers of land users, landowners, as well as owners of lands of cities that shall be regulated both by land and civil legislation. Under consideration are the peculiarities of relations as regards development of land of cities connected not only with the right to the plot of land, but also the right to the object built at the given plot of land.

A.A. Zhloba. Legal grounds of regulation of conditions of national parks

Article is devoted to such a way of realization of the right to favourable environment as creation and maintenance of national parks functioning. Author analyzes the current legislation, determines problems in the given sphere and offers ways of their solution.

O.S. Kondarevich. To issue of drawing up republican transportation of goods

On the grounds of analysis of effective legislation of the Republic of Belarus on motor transportation, treaties that regulate motor trucking and the procedure of drawing up the transportation in question, the article studies legal nature and significance of the documents which are necessary for carrying out motor trucking in the Republic of Belarus. Motivation is given the concrete proposals on improvement of effective legislation, in particular, as regards modernization of the norms that are related directly to execution of motor trucking in the Republic of Belarus.

E.A. Kovaleva. On differentiation of disciplinary liability of transport workers

     Under consideration are the issues related to labour discipline, as well as disciplinary liability of workers as the basic elements of organization of any public production, collective labour.
      On the grounds of analysis of the norms of rules and provisions about discipline of transport workers, author covers branch peculiarities of disciplinary liability.
      Author makes a conclusion about the necessity of regulation of differentiation of disciplinary liability of transport workers in the Labour Code rather then in sub-legal acts and, therefore, formulates concrete proposals as regards improvement of legislation.

S.V. Shirokih. Some issues of application of immunities in operative and investigation activities

Article contains analysis of effective legislation that enshrines legal immunities of officials, basic provisions of legal immunities and specification of persons that enjoy these immunities in the field of operative and investigation activities, as well as their legal status. Under consideration are the issues of carrying out operative and investigation measures involving the constitutional rights with respect to the officials listed in the article. Under conditions of strengthening counteraction on behalf of criminals, the fact of knowing of immunities in operative and investigation activities shall make it possible to avoid violation of legality while carrying out operative and investigation measures with respect to the circle of persons that is subject to consideration in the article.

Philosophy of law

A. Vaisvila. Legal personalism (Completion)

Foreign experience of constitutionalism

N.M. Kondratovich, L.A. Prikhodko. Republican Head of State in foreign countries

Article studies the issues related to the most important constitutional institute - institute of the Head of state. Authors consider classification of juridical forms of the Head of state, methods of election, powers, responsibility of the President and other issues on the grounds of analysis of legislation of a number of foreign states. It is emphasized that such an analysis is only the general outline, since the status of the Head of state in the concrete state shall be predetermined by the whole number of the national peculiarities.

O.V. Gryshkevich. Issues of membership in international organizations while establishing new states

Article is dedicated to consideration of the issues of membership in international organizations while establishing new states as a result of disestablishment or separation and integration of the states-predecessor. Analysis is making of international law literature, international legal instruments, as well as practice of the states regarding resolving the disputes.

T.S. Maslovskaya. Constitutional bases of State Community of Serbia and Montenegro

      With the help of consideration of provisions of Constitutional Charter of 2003, the article contains characteristics of legal grounds of State Community of Serbia and Montenegro that is the successor of the Union Republic of Yugoslavia.
      It is emphasized that new state formation is characterizing by both features of confederative and federative states.
      Author expresses opinion that the Constitutional Charter of Serbia and Montenegro and the experience of functioning of this Community may be used in the process of formation of the Union State of Belarus and Russia.

News of science

Round table "Constitutional process and development of political system in the Republic of Belarus" (21 December 2005)

Scientists of Belarus

Mrs. T.S. Bojko. (to 50th birthday Anniversary)

Mr. A.A. Golovko. (to 80th birthday Anniversary)

Mr. V.I. Semenkov. (to 80th birthday Anniversary)

International relations of the Constitutional Court of the Republic of Belarus

G.A. Vasilevich. Decisions of European Court of Human Rights and national law. Role of law in securing national interests

V.I. Moroz. International Seminar in Trieste