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 17 April 2006 No. P-186/2006 "To issue on possibility of an enterprise to conclude the contract of voluntary additional pension insurance in favour of its workers"

Summary
     As a result of the motion of Enterprise "Stravita", the Constitutional Court in its Decision has stated its position on the issue of possibility of conclusion of the contract of voluntary insurance of supplementary pension in favour of workers on condition that "Stravita" will be both insurant as employer and insurer as the organization providing such services.
     On the basis of analysis of the relevant norms of Civil and Labour Codes, other legislative acts referring to the issue under consideration, the Constitutional Court has come to the conclusion about impossibility of beginning of duties in instances when a creditor and a debtor under insurance contract are the same person. Terms and conditions of the collective contract according to which an enterprise as an employer had to conclude voluntary insurance pension agreement in favour of its workers shall not effect the nature of insurance contract and its effectiveness.
     According to the Constitutional Court, solution of the problem is possible either by way of insurance of pension in favour of its workers at other insurers that provide such an insurance or by means of conclusion of contracts by the workers themselves directly.

• Decision of the Constitutional Court of the Republic of Belarus of 17 April 2006 No. P-187/2006 "On legal regulation of procedure of invitation of citizens from other towns for work and residence in the city of Minsk"

Summary
     As a result of application about legal obstacles for employment of citizens of the Republic of Belarus at enterprises of the city of Minsk adopted by Decision of Minsk city executive committee of 24 March 1994 No. 200 "On procedure of taking on and registration of foreign citizens in the city of Minsk", the Constitutional Court at its sitting of 17 April 2006 has analyzed the relevant provisions of the Constitution of the Republic of Belarus and other enforceable enactments that regulate the given legal relations.
     In its response to the applicant the Constitutional Court emphasized that under Article 20 of the Constitution the status of the city of Minsk as the capital of the Republic of Belarus shall be specified by the law. According to Article 6 of the Law "On status of the capital of the Republic of Belarus - city of Minsk" the city of Minsk shall have its own rules and regulations that shall be approved by Minsk city Council of deputies and is binding for the execution by all the organizations and citizens located in the territory within its jurisdiction. Article 10 of the given Law shall specify that Minsk city Council of deputies for the purposes of securing of carrying out by the city of Minsk of functions of the capital of the Republic of Belarus shall stipulate the procedure of taking on by organizations and individual entrepreneurs of foreign citizens for the work and residence in the city of Minsk, as well as taking into account the costs of development of social infrastructure of the city - the rate of payment for each of the invited person.
     According to Article 38.3 of the Law "On local government and self-government in the Republic of Belarus" enterprises, organizations, establishments and associations regardless of their subordination and forms of ownership shall have the right to hold arrangements that may cause negative ecological, social, demographical and other consequences involving the interests of population and territory only with the consent of the relevant Councils or executive committees, local administrations. Article 14 of the given Law shall stipulate the right of Councils to transfer a part of the powers to the executive and administrative bodies.
     The Constitutional Court has analyzed Decisions of Minsk city Council of deputies of 8 June 1999 No. 27, Minsk city executive committee of 5 March 1992 No. 100 and of 24 March 1994 No. 200 that specified the procedure of taking by employers of citizens of other towns regardless of the forms of ownership and economy on work in the city of Minsk. The Constitutional Court underlined that the decisions in question stipulate for the employer the possibility to carry out taking on work in the city of Minsk of people of neighbouring localities who have housing and the possibility to return to their permanent place of living every day. In this case there is no need of co-ordination with regional administrations and no payment shall be done. There is the stipulation of fixation of quotas for free taking on work of specialists from other towns who are required for supporting of vital functions of the city.
     Thus, the given Decisions of Minsk city Council of deputies and Minsk city executive committee were adopted on the grounds of the legislation of the Republic of Belarus.
     In its reply to the applicant the Constitutional Court underlined that verification of constitutionality of certain provisions of the given laws shall be possible only within the frames of constitutional proceedings under Article 116 of the Constitution and Article 6 of the Law "On Constitutional Court of the Republic of Belarus".
     Judgment of the Constitution Court of 1 June 1999 "On the conformity between the Constitution of the Republic of Belarus, international legal acts and Article 182.1 of the Administrative Code of the Republic of Belarus" that was the subject to reference in the application the norm of the specified Code was found to be unconstitutional, since it stipulated administrative liability of officials of enterprises, establishments and organizations for taking on work of the citizens without propiska (registration). Issues of taking on work in the city of Minsk of citizens from other towns were not subject to consideration because there was no relevant proposal before the Constitutional Court.

• Decision of the Constitutional Court of the Republic of Belarus of 11 May 2006 No. P-188/2006 "On right of citizens - victims of political repressions to compensation of losses and pay of compensation"

Summary
     As a result of request about the content of notion regarding termination of the work on rehabilitation used in Decree of the President of the Republic of Belarus of 28 January 1997 No. 110 "On prolongation of time period of rehabilitation of victims of political repressions", the Constitutional Court at its sitting of 26 May 2006 has studied the provisions of enforceable enactments that regulate rehabilitation of victims of political repressions.
     In its reply to the request the Constitutional Court emphasized that under Article 21 of the Constitution securing of the rights and freedoms of citizens of the Republic of Belarus shall be the supreme value of the state that is the guarantor of their exercise.
     Article 7.2 of the Criminal Code of Procedure (CCP) of the Republic of Belarus among the tasks of criminal proceedings there shall be set the task of protection of human rights against unlawful restriction of one's rights and freedoms, and in case of accusation and conviction of an innocent person - his/her immediate and full rehabilitation, compensation of his/her physical, property and moral damage, restoration of violated labour, pension, housing and other rights. Norms that regulate the institute of rehabilitation are contained in Articles 27, 29 and in other Articles of CCP. CCP shall not stipulate the limitation period for rehabilitation of a citizen.
     UN Сomission on human rights in Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law adopted and proclaimed of 25 July 2005 referring to the provisions of Article 8 of the Universal Declaration of Human Rights, Article 2 of the International Covenant on Civil and Political Rights, other international legal acts emphasized that a State shall provide reparation to victims for acts or omissions which can be attributed to the State and constitute gross violations of international human rights law or serious violations of international humanitarian law (point 15).
     Having made the analysis of the Provision on procedure of restoration of the rights of citizens who are the victims of repressions in twenties and eighties approved by Resolution of the Supreme Soviet of the Republic of Belarus of 21 December 1990 and other enforceable enactments on the given issue, the Constitutional Court has come to the conclusion that they shall not contain the instructions about the termination of rehabilitation of the citizens - victims of political repressions and about refusal of the state to provide the specified people with the relevant privileges and compensations. As a result, according to the Constitutional Court the norm on finishing of the work on rehabilitation of victims of political repressions, stipulated in the given Decree of the President of Republic of Belarus of 28 January 1997 No. 110 presupposes termination of the activity of the establishments of relevant state bodies specially created for the given purposes and involved in this work, as it is practically finished and the motions of citizens at present time are single.
     The right of rehabilitated individuals to restoration of damage shall be based on the Constitution and the current legislation. The given restoration in case under consideration shall be provided at the expense of budget means of the Republic of Belarus (state treasury).
     As a result the Constitutional Court has come to the conclusion that the intstances of refusal to the citizens in compensation payments motivated by completion on working terms of rehabilitation of victims of political repressions shall not be based on the norms of law and shall be the violation of constitutional rights of citizens.

• Decision of the Constitutional Court of the Republic of Belarus of 20 June 2006 No. P-189/2006 "On constitutionality of vesting individual entrepreneurs who are owners and (or) tenants of car parks with functions of calculation, deduction and transfer into the budget of due for parking in specially equipped places"

Summary
     Decision contains legal positions of the Constitutional Court of the Republic of Belarus regarding constitutionality of vesting by enforceable enactments of the bodies of local self-government in individual entrepreneurs who are owners and (or) tenants of car parks with functions of calculation, deduction and transfer into the budget of the due for parking in specially equipped places.
     The Constitutional Court has pointed out that entrepreneurs, owners and (or) tenants of parking places are not the source of payment of profits with respect to the individuals who locate the means of transportation at the car parks. In this connection they may not be subject to be vested with the powers on calculation, deduction, transfer into the budget of the due for parking in specially equipped places that shall be referred in accordance with Article 23 of the Common Part of Tax Code of the Republic of Belarus (hereinafter is also referred to as TC) to the competence of the tax agent.
     It shall be also unlawful to vest individual entrepreneurs with the duty of the tax collector because according to the provisions of Article 4 of TC they are not defined as participants of the given tax relations. The specified duty in accordance with the current legislation may be performed by the state bodies or it may be vested in organizations and officials. Other provisions of tax legislation, in particular, Article 46 of TC that regulates the procedure of payment of taxes, dues, (fees) shall be the confirmation of the given position.
     Function on calculation, deduction, transfer into the budget of the local due for parking has not been also vested in individual entrepreneurs by previously, before the enforcement of TC, effective tax legislation.

• Decision of the Constitutional Court of the Republic of Belarus of 23 June 2006 No. P-190/2006 "On payment of insurance compensation as a result of collisions of sources of higher danger"

Summary
     The Constitutional Court found that in practice courts of common law shall solve not in a single way the issues on reimbursement by the insurer of damage caused by clash of two sources of heightened danger.
     Having analyzed the provisions of the Civil Code, edicts, decrees of the President of the Republic of Belarus and other enforceable enactments of the Republic of Belarus that regulate insurance activity concerning the issue under consideration, the Constitutional Court has come to the conclusion that damage reimbursement within the civil legislation shall be based as a rule on the principle of guiltiness of a person who caused damage, since as for the obligatory insurance of civil responsibility of transport means owners imposed by special legislative acts, the basis for damage reimbursement is the fact of its fulfillment independently of presence or absence of guiltiness of a person who caused the damage.
     According to the Constitutional Court, during the consideration of issues of reimbursement by the insurer of damage with respect to the victim according to the contracts of obligatory insurance of civil responsibility of transport means owners, it is necessary to follow special enforceable enactments and not the provisions of part 2 of point 2 of Article 948 of the Civil Code, stipulating the responsibility by the presence of guiltiness in actions of the person who caused the damage.

Realization by state bodies of decisions of the Constitutional Court

     V.D.Skirda. On execution of decisions of the Constitutional Court of the Republic of Belarus in April - June 2006

Citizen lodged an appeal with the Constitutional Court

      On privileges for full orphans of war time
      On right of citizens of the Republic of Belarus to address to international organizations
      On taking recourse against incomplete house
      On possibility of repeal of ruling taken by economic court
      On application of law on amnesty with respect to the person who as a result of crime commission caused damage with absence of judicial ruling on recovery of the damage in question

Scientific information

• G.A.Vasilevich. To issue on form of government in Belarus

Annotation
      Author makes analysis of suggested in juridical literature different points of view concerning the form of government in the Republic of Belarus. For all this, form of government is regarded as the order of formation and organization of the higher state bodies, the relations of these bodies with each other and with citizens.
     Author points out that after the approval of new addition of the Constitution at the Republican referendum in 1996, authors started to express the opinion that according to the form of government the Republic of Belarus is a mixed republic (by analogy with France). Author of the given article asserts the view according to which the Republic of Belarus is a presidential republic. There are the relevant arguments in confirmation of the given conclusion.
     Within the frames of the topic under consideration there is the study of the peculiarities of mutual relations between the Parliament and the President, including the historical aspect.
     

• N.V.Silchenko. Notion and types of sources of modern Belarusian law

Annotation
     Article covers the issues of determination of law sources, their systems and certain types of modern Belarusian law sources. In view of specification of "official store" of effective law - norms of law - there is the proposal to proceed from the fact that under the Law "On enforceable enactments of the Republic of Belarus" legal notion of law is formulated through the obligatory system of rules of behavior - norms of law.
     Author formulates the suggestion on introduction into scientific turnover of the notion of "sources of norms of law". There are the grounds for the conclusion that the system of sources of modern Belarusian law consists of legal custom, case-law, agreement of normative content, doctrine (science), Scripture (ecclesiastical rules) and enforceable enactment. There are the reasons for the provision that the general principles of law are not an independent source of law.
     Author confirms that the Scripture (ecclesiastical rules) shall be an independent source of modern Belarusian law and, moreover, the role of this source shall largely increase in modern legal system of the Republic of Belarus and influences the development and content of other types of law sources.
     By considering the case-law as the source of Belarusian law, author substantiates the idea according to which this source of law shall be formulated only in instances when by means of analogy of law and right it takes place bridging and filling of gaps.

• R.I.Filipchik. Constitution as legal basis of judicial constitutional control in modern Belarus

Annotation
      Article contains analysis of American and European models of constitutional control, study of peculiarities of constitutional control in the Republic of Belarus and marks that it is the democratic Constitution of Belarus that has become the legal basis of judicial constitutional control.
     Author underlines that the Constitutional Court of the Republic of Belarus, in contrast to other European courts, shall have the right to verify any enforceable enactment of the state from top to bottom whether it is in line with both the Constitution and the acts of higher legal force, than the act under verification.
     At the same time, in the opinion of the author the laws on constitutional control need to be improved. In particular, it concerns the issues of extension of the circle of subjects that have the right to make proposal to the Constitutional Court on verification of constitutionality of an enforceable enactment. Author deems that the judges of the courts of common law and economic courts shall have the right of direct motion to the Constitutional Court with proposal (request) on verification of constitutionality of an enforceable enactment which is the subject to application during the examination of the concrete issue.
     In addition, author expresses the opinion about existence of legal grounds for introduction of the institute of constitutional complaint, the elements of which are enshrined in the Constitution (Articles 40, 116, 112, 122). Granting the citizens the right to make addresses to the Constitutional Court is not only an important remedy of protection of violated rights but, at the same time, an effective instrument of safeguarding the Constitution.

• A.N.Pugachev. Normative nature of judgments of Constitutional Court

Annotation
      Juridical qualities of final decisions of the Constitutional Court are considered through specific character of jurisdictional procedure of constitutional legal proceedings.
     Author explains originality of judicial law-making of the bodies of constitutional control. Article contains basic points of view of authors who deal with the problems of determination of legal nature of acts of constitutional justice. The most important features of normative judgments of the Constitutional Court of the Republic of Belarus are under consideration. Author marks theoretical, empirical and applied moments of elaboration of the given problem in the Republic of Belarus and the Russian Federation. Article contains the review of some legislative acts of foreign countries that specify the legal force of judgments of constitutional courts and mechanism of their realization.
     There is the conclusion that as a result of study of normative characteristics the problem of legal force of final decisions of constitutional courts is not settled. It is supposed to pay attention to the fact what sources of law shall be decisions in question, what are their branch affiliation and place in the system of legislation.

• K.I.Kenik. Legal regulation of civil service: correlation of administrative and labour legislation

Annotation
      Article examines the problems of labour law regulation of civil servants of the Republic of Belarus including correlation of administrative and labour legislation. Author gives analysis of available in the scientific literature approaches to specification of branch affiliation of legislation regulating labour relations of civil servants, marks the advantages and disadvantages of these approaches. There is the comparative analysis of legislation of the Republic of Belarus and the Russian Federation concerning labour regulation of civil servants. Author underlines the tendency of the Russian legislation to the regulation of public service mainly by administrative legislation, whereas in the Republic of Belarus the effect of the norms of labour law and other branches of legislation shall influence the relations non regulated by public service legislation. Author emphasizes that ILO Convention No. 151 is based on the concept of referring of civil servants to hired workers.
     There is the conclusion that the relations at public service shall be subject to regulation of numerous branches of law.
     The issue of referring of relations connected with performance of duties at public service to the subject of regulation of a certain branch of law shall have both scientific and practical meaning, since labour law according to its purpose shall protect the worker while the administrative law does not have such function.

• T.S.Boiko. Legal positions of the Constitutional Court of the Republic of Belarus due to realization of basic principle of taxation

Annotation
      Article covers the essence and content of basic principles of taxation contained in the Constitution and the Common Part of the Tax Code of the Republic of Belarus that shall be followed by the participants of tax relations in a democratic state ruled by law.
     Author makes analysis of legal positions of the Constitutional Court formulated in decisions of the body of constitutional control directed at necessity of observance by legislative bodies of basic principles of taxation while setting taxes and dues. Special attention is paid to the legal position based on the provisions of the Constitution of the Republic of Belarus and European charter of local self-government providing that basic elements of taxation including maximum rates within which the local Councils of deputies could fix their concrete rates shall be specified at the law level clearly and distinctly as regards each type of the local tax and due.

• A.A.Sarkisova. Issues of criminal law in decisions of the Constitutional Court of the Republic of Belarus

Annotation
      Article makes analysis of criminal law issues that were subject to consideration in the Constitutional Court of the Republic of Belarus. Author pays attention to some collisions in legislation that do not allow to apply in full measure the rule about retrospective effect of the criminal law. On the one hand, Article 9.2 of the Criminal Code formulates this rule rather extensive, but on the other hand - some laws that shall stipulate the procedure of enforcement of the Criminal Code or its amended norms shall restrict this rule by the instructions on the revision of those sentences, where the punishment under them was prescribed more severe than the maximum sanction limit of the new norm of the Criminal Code. Due to that there have been also analyzed the approaches to the solution of the given problem by the Constitutional Court of the Russian Federation.
     Author also pays attention to the issues emerging as a result of application of laws on amnesty, that periodically are subject to adoption in the Republic. In a number of cases the reason of their wrong application is inadequate understanding of the norms of these laws in practice.
     Article considers other issues of criminal law according to which the Constitutional Court has already expressed its own position (about death penalty, about the notion of an official according to the feature of performance of legally significant actions, about legal importance of the institute of cancellation and removal of convictions etc.).

• A.S.Senko. Problematic issues of securing of the constitutional right of citizens to judicial protection

Annotation
       In the context of problems of accessibility of individuals to the judicial form of protection, article studies the issues related to the notion and essence of judicial bodies.
     Author makes critical analysis of home doctrine that refers to the courts the state bodies that are within the judicial system of the country and stipulated by the legislation on judicial system. Author shows that such courts are not always adjusted to the settlement of the scope of legal conflicts. Due to that author makes urgent the problem of searching of new forms and methods of following judicial policy that may secure in full realization of the right of individuals to judicial protection.
     On the basis of analysis of organization of judicial method of protection in a number of states, as well as legal positions that reflect the approach of European community, grounded on the provisions of Article 6 of European Convention for the Protection of Human Rights and Fundamental Freedoms, to specification of the bodies that are referring to the courts of law, there is the conclusion about the necessity and possibility of extensive interpretation of the notion of judicial bodies of the Republic of Belarus by way of their inclusion in their list of quasi-judicial institutions.

• D.L.Gulyakevich. A child as an object of criminal and legal protection: history and modernity

Annotation
       Article is devoted to the criminal-legal protection of children against encroachments on their interests, rights, freedoms and standard development. Author makes analysis of historical experience and modern rule-making practice proceeding from universally acknowledged and fixed in international legal documents provision that children shall be protected against any illegal actions with respect to them.
     On the basis of analysis of the relevant norms of criminal legislation of the Republic of Belarus, including criminal legislation that was effective in the territory of Belarus in earlier historical periods, author emphasizes evolutional character of criminal-legal protection of a child. In particular, it may be observed in the Criminal Code of the Republic of Belarus of 1999 that meets largely both the requirements of the Constitution and international standards in the sphere of legal protection of childhood. It contains systematic approach to criminal legal protection of a child.
     In addition, in the opinion of author, legal regulation in the given sphere is in need of its improvement. First of all, it shall apply to the improvement of systematic approach to criminal-legal protection of a child as an independent law protected specific object. There is the suggestion about introduction in the Criminal Code of an independent chapter including, as far as possible, the majority of crimes against the rights and interests of a child, his/her moral development, liberty and other values that he/she shall have. This approach would allow to differentiate in full measure the responsibility for criminal encroachments on a child and set adequate to these crimes qualifying features.

• N.L.Bondarenko. Constitutional grounds of principles of civil legislation of the Republic of Belarus

Annotation
       Article specifies that the Message of the Constitutional Court of the Republic of Belarus "On constitutional legality in the Republic of Belarus in 2004" in particular underlines that for successful formation of the Republic of Belarus as a state ruled by law it is important to secure formation of modern system of legislation based on constitutional principles and norms. Due to that not only scientific but practical interest has the research of correlation of constitutional and civil legal principles, determination of their points of contact, reveal of specific essential features of branch basis of civil legislation.
     By making gradual consideration of each of the principles of the civil law, author comes to the conclusion that all the fixed in the Civil Code of 1998 principles are the transformed under the influence of the specificity of civil legal relations constitutional basis, and that meets fully the principles of a social state ruled by law.

• R.R.Tomkovich. Right of citizens and legal entities to protection of information in relations with participation of banks

Annotation
       Provisions of legislation of the Republic of Belarus, the Russian Federation, the Ukraine and a number of other states about the bank secret are under consideration.
     Author considers the issues of bank secret content and expediency of referring to it different information about the clients and operations (transactions) they make.
     Article reveals the existing procedure of disclosure of the relevant information, specifies practical problems of obtaining on demand from banks of information by law enforcement bodies, outlines the ways of settlement of the given problems.
     There are the proposals on improvement of legislation for the purpose of inadmissibility of encroachment on the constitutional law of citizens on protection against illegal interference in private life that may be secured by means of establishment of more distinct procedure of official registration of inquires of the relevant state bodies.
     Author comes to the conclusion that the detailed regulation of legal relations under consideration shall raise confidence in bank system and shall promote involvement in civil turnover of means of population and that shall meet the interests of society and the state on the whole.

• M.S.Mishchenko. To issue on territorial differentiation of legal regulation of labour

Annotation
      Object of research is one of the most important legal categories of labour law - differentiation in regulation of labour relations. Subject of research is scientific views, ideas and concepts as regards one of the most stable and important grounds - territorial differentiation of legal regulation of labour, its social and legal essence, as well as peculiarities, development of legislation on the given problems.
     Article makes an attempt to make complex research of legal problems of territorial differentiation of legal labour regulation applying on the territories of the Republic of Belarus.
     Author for the first time in the Republic of Belarus points out the appearance of other, except for those that previously existed, factors that shall be conducive to the development of new grounds and criteria of territorial differentiation of labour law regulation. Article covers the peculiarities in legal regulation of labour relations of employees on the territories of free economic zones, as well as radioactive pollution in a number of institutes of labour law.

• A.V. Zhuk. Constitutional grounds of legal protection of atmospheric air in the Republic of Belarus

Annotation
       Article notes that the essence of legal regulation of public relations in the sphere of atmospheric air protection arises from the constitutional bases of environmental protection. Due to norms, having ecological content, the Basic Law reflects legal preconditions of provision of necessary qualitative and quantitative characteristics of favourable environment, including the state of atmospheric air as its component.
     Author points out that constitutional bases of use of natural resources and environment protection, ecological status of an individual are the necessary ground for creation and development of norms regulating the right of citizens to favourable state of atmospheric air. Besides, it is necessary to consider thoroughly natural peculiarities of the given component of environment.
     On the grounds of analysis of the legislation of the Republic of Belarus it is proved that the majority of the above mentioned constitutional norms found their reflection in special legislation about atmospheric air protection and separate norms (for example, about responsibility, reimbursement of the damage caused by atmospheric air pollution) - in enforceable enactments regulating administrative and civil relations.

• Y.N.Mermer. Comparative analysis of laws on citizenship of the Republic of Belarus and the Russian Federation

Annotation
       Article deals with comparative analysis of the institute of citizenship in the Republic of Belarus and the Russian Federation that has become considerably complicated, acquired new specific features and that is in many respects stipulated by broadening the sphere of international relations of Belarus and Russia both with countries of the Commonwealth of Independent States and with other countries of the world.
     Author gives analysis of integration processes proceeding within the frames of the Union state of Belarus and Russia and involving a wide scope of problems of citizenship which over and over again acquire international significance. Their solution affects economic, political, social, etnographical and other issues concerning the interests of not only individuals but the whole groups of people, wide sectors of population and even the state as a whole.
     On the basis of the legislation on citizenship of the Republic of Belarus and the Russian Federation author comes to the conclusion that the approach of law-makers of both states to solution of basic issues related to the citizenship is similar and is in line with the agreements about unification of legislation of both states within the Union Treaty.

• A.P.Sudas. Institute of citizenship of Union State

Annotation
       Article emphasizes that the Union state of Belarus and Russia is the most real association among all the integration structures at post-soviet area. In political sphere of building of the Union state in the foreground the issues of institutional character remain urgent. Special significance is paid to the institute of citizenship.
     Author proves the fact of existence of such institute as citizenship in intergovernmental formation, analyses the experience of introduction and development of citizenship in the European Union. There are also the ideas on content filling of the notion "citizenship of Union", creation of clear mechanism of realization of the rights of a Union citizen and establishment of concrete duties of citizens of the Union state.
     There is the conclusion that the detailed unification of conditions of acquisition and termination of national citizenships of the Republic of Belarus and the Russian Federation, enlargement of the rights and freedoms, as well as securing of equality of citizens of both states shall promote the acceleration of legal integration of Union Member-States.

• N.N.Artushenko. To legal problem of securing railage in post-Soviet area

Annotation
       Article with the reference to the practical material and scientific researches considers the state and problems of juridical provision of transport security of united communications at post-soviet area. On the basis of this fact author points out possible legal preventive measures that exclude technogeneous and criminogeneous violations in the sphere of transportation railroad process.
     Article specifies clearly the role of Belarusian railroad in the initiative of adoption of national and intergovernmental legal acts that shall regulate constant transference of transit goods and passengers.
     There are theoretical definitions of transport security, analysis of some factors of threat to railroad system, concrete suggestions on improvement of transport legislation.

Topic of the issue: Norm creation

• I.I.Plyakhimovich. Programmes of preparation of normative legal acts: basic features and systems

Annotation
      Actuality of article is stipulated by conducted in the Republic of Belarus work concerning elaboration of the State programs of preparation of enforceable enactments for 2006-2010.
     Author emphasizes that the idea of necessity of planning of rule-making was grounded by the soviet science. In contrast to the soviet period, where the scientific ideas passed ahead the development of planning practice, the reversed situation is observed at the present stage.
     Author specifies legislative characteristics of the state programs of preparation of draft enforceable enactments. Data of the state programs is the leading form of planning of rule-making activity in the Republic of Belarus. There are the most important features of state programs, their types and interdependence.
     Article points out the role of the National center of draft law activities under the President of the Republic of Belarus in the process of preparation of enforceable enactments.

• M.N.Satolina, M.G. Grinevich. To issue on necessity of forming and development of legal linguistics

Annotation
      Article is devoted to the problems of analysis of the quality of language and style of legislation that are obligatory conditions of juridical culture of rule-making. Article contains the issue of necessity of development of a new direction of scientific researches - "juridical linguistics". Authors give the definitions of such terms as "notion", "term", "definition".
     Article gives certain examples of disadvantages of current legislation (plurality of definitions, tautology etc.). Authors point out that the issues concerning the quality of language and the style of draft laws, unity of terminology are pressing both for the Republic of Belarus and for other countries.
     Authors emphasize the positive role of terminological analysis of enforceable enactments that is conducted in the National center of legal information of the Republic of Belarus.
     There is the conclusion on the necessity of making inter-disciplines study in the sphere of law, legal informatisation and juridical linguistics.

• V.V.Krachkovsky. Examination of draft enforceable enactments and prediction of consequences of their adoption

Annotation
      Article is devoted to analysis of the legal institute, new for the home technology of legal rule-making in the Republic of Belarus - complex of examinations of draft enforceable enactments.
     Author emphasizes that in legal science the important principle of rule-making activity is considered to be prediction of consequences of their adoption (publication) of enforceable enactments. Scientifically grounded prognosis allows to foresee the basic tendencies of development of social relations, subjected to regulation, and the absence of prediction leads to negative consequences - frequent correction of legislation. In rule-making activity of state bodies the prediction of consequences is transformed into making a number of examinations of draft enforceable enactments. Nowadays in the Republic of Belarus legal and criminological examinations of draft enforceable enactments are obligatory. Moreover, at present day complex of examinations of draft enforceable enactmens needs to be improved. The obligatory criminological examination requires urgent forming of its legal basis. Besides, next in turn is the transformation of linguistic and financial-economic researches of the draft into examinations of full value. For the Republic of Belarus the important issue shall also be the realization of demographic and ecological examinations regarding the scope of draft enforceable enactments.

Foreign experience of constitutionalism

• A.N.Sokolov, Y.I. Gubin. Theory of federalism and improvement of state power

Annotation
      Authors consider federalism as a political state and legal notion of modern time by specifying that the term "federalism" has been used since XVII century.
     Article notes that following the growth of the scale of federalism there is the rise of the problems and contradictions connected with the processes of federalization and improvement of old federations, that is specially important for such multinational country as Russia.
     Authors made an attempt to examine outlined issues both from theoretical-conceptual and practical (applied) positions.
     The tendency of different Russian scientific schools to make absolute these or those postulates of general theory of federalism is subject to criticism. On the basis of brief analysis of foreign experience of federalism there is the conclusion that the Constitution is the fundamental act of any federation. This is the ground for the conclusions of authors about the importance as for the Russian practice of differentiation of subjects of authority and powers.

• T.S.Maslovskaya. Constitutional Council of France: eateblishment and evolution of the state body

Annotation
      Author investigates the issues of establishment and evolution of Constitutional Council of France on the basis of constitutional norms and political practice. Author specifies and considers two stages of evolution of the given state institute in France. Article contains the analysis of status of members of Constitutional Council proceeding from Ordinance of 7 November 1958 that adopts an organic law referring to the Constitutional Council and Decree of 13 November 1959 referring to their duties.
     Author gives analysis of the powers of Constitutional Council of France, including control over constitutionality of legal norms, verification of legality of holding of national consultations. There is the analysis of the latest decisions of Constitutional Council (1998 - May 2006). There are the perspectives of development of Constitutional Council of France. Author specifies the place of the given state body at the present moment in balance of state bodies and in protection of fundamental human rights and freedoms.

News of science

      Round table "Constitutional duties of state: notion, content, limits" (23 March 2006)

      V.I.Shabailov. Certain peculiarities of employment of persons with previous convictions

International relations of the Constitutional Court

G.A.Vasilevich. National legal systems and European legal standards

R.I.Filipchik. International Conference "Constitution and its reform" (Athens, 4-6 May 2006)

A.A.Sarkisova. About participation in first All-Russian Congress on criminal law (Moscow, 25-26 May 2006)

V.I.Seledevsky. International seminar "Concerted efforts at the European level to fight corruption" (Trieste, 2-5 May 2006)