Acts of the Constitutional Court
JUDGMENT OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS
26 March 2009 № 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 of the Republic of Belarus comprising the Presiding Officer - Chairman of the Constitutional Court of the Republic of Belarus P.P.Miklashevich, Deputy Chairman A.V. Maryskin, judges T.S. Boiko, S.Y. Danilyuk, V.P. Isotko, L.G. Kozyreva, V.V. Podgrusha, L.M. Ryabtsev, O.G. Sergeeva, A.G. Tikovenko, S.P. Chigrinov, V.Z. Shuklin according to the eighth part of Article 22 of the Code of the Republic of Belarus on Judicial System and Status of Judges in the exercise of the right to forward proposals to the President of the Republic of Belarus, the chambers of the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, other state bodies within their competence on the need to make alterations and (or) addenda to the acts of legislation, considered in court session the Rules of Procedure of the House of Representatives of the National Assembly of the Republic of Belarus.
Having analysed the Constitution of the Republic of Belarus, the Code of the Republic of Belarus on Judicial System and Status of Judges (hereinafter – the Code), the Law of the Republic of Belarus «On the National Assembly of the Republic of Belarus», the Rules of Procedure of the House of Representatives of the National Assembly of the Republic of Belarus the Constitutional Court found the following:
            1. By Decree of the President of the Republic of Belarus of June 26, 2008 No 14 «On Certain Measures to Improve the Activities of the Constitutional Court of the Republic of Belarus» (point 1, subpoint 1.1) the Constitutional Court is empowered to exercise the obligatory preliminary constitutional control of all the laws before their signing by the President of the Republic of Belarus. Pursuant to part eight of Article 24 of the Code when examining constitutionality of a normative legal act the Constitutional Court establishes its compatibility with the Constitution, including the adoption procedure.
The Rules of Procedure of a legislative body are one of the basic normative legal acts regulating its activity. The Rules of Procedure of the House of Representatives of the National Assembly of the Republic of Belarus (hereinafter – the Rules of Procedure) were adopted by the Resolution of the House of Representatives of the National Assembly of the Republic of Belarus of October 9, 2008 on the basis of Article 105 of the Constitution. The Rules of Procedure establish operating procedures of the House of Representatives of the National Assembly of the Republic of Belarus (hereinafter – the House of Representatives), its bodies and deputies of the House of Representatives. The considerable part of the Rules of Procedure articles regulates the legislative process, which is decisive in many respects for laws quality.
            2. Pursuant to part four of Article 116  of the Constitution and part two of Article 22 of  the Code the House of Representatives along with the President of the Republic of Belarus, the Council of the Republic, the Supreme Court, the Supreme Economic Court, the Council of Ministers of the Republic of Belarus shall have the right to forward motions to the Constitutional Court to produce rulings on constitutionality of normative legal acts.
            Pursuant to part three of Article 22 of the Code other state bodies, public associations, organisations as well as citizens shall appeal with the initiative to examine the constitutionality of an act to bodies and persons entitled to forward motions to the Constitutional Court on examining an act constitutionality.         
            General provisions on forwarding motions to the Constitutional Court by the House of Representatives on producing rulings on constitutionality of normative legal acts appear  in Chapter 34 of the Rules of Procedure «Appeal to the Constitutional Court of the Republic of Belarus» (Articles 234-236). However the Rules of Procedure do not determine the procedure for consideration by the House of Representatives of petitions of the subjects specified in part three of Article 22 of the Code containing the initiative to examine a normative legal act constitutionality.
            Pursuant to part one of Article 116 of the Constitution the Constitutional Court shall exercise the constitutional control over the normative legal acts constitutionality control in the State. The right stipulated in part three of Article 22 of the Code for the state bodies, public associations, organisations, citizens to apply with the initiative to examine an act constitutionality to bodies and persons entitled to forward motions to the Constitutional Court on examining an act constitutionality, assumes that the specified bodies and persons are obliged to consider such initiative in essence.
            Thus, the right stipulated in part three of Article 22 of the Code according to its legal nature is actually the right to appeal indirectly to a constitutional control body. Legitimacy of the indirect exercise of this right results from constitutional provisions. Pursuant to part one of Article 3 of the  Constitution the people shall exercise their power directly and indirectly – through representative and other bodies. According to first part of Article 37 of the Constitution citizens of the Republic of Belarus shall have the right to participate in the solution of state matters both directly and through freely selected representatives, which means indirectly.
            The Code of the Republic of Belarus on Judicial System and Status of Judges and the Law of the Republic of Belarus «On the Constitutional Court of the Republic of Belarus» provide that the consideration of the normative legal acts constitutionality issues shall be exercised in constitutional legal proceedings. Pursuant to part three of Article 22 of the Code the petitions may not be considered according to the legislation on citizens’ appeals and demand a special consideration procedure.
            Pursuant to part two of Article 59 of the Constitution, the state bodies, officials and other persons who have been entrusted to execute state functions shall take necessary measures within their competence to protect the rights and freedoms of the individuals.
            The Constitutional Court believes that stipulating the legal mechanism for consideration of petitions with the initiative to examine an act constitutionality will contribute to fuller realisation of rights and freedoms of citizens and other subjects. It will become an additional legal guarantee for the appropriate realization of their rights and freedoms.
            In the opinion of the Constitutional Court the corresponding Commission of the House of Representatives shall consider the petitions on constitutionality. If the Commission of the House of Representatives makes a decision to support the initiative to forward a motion on examining a normative legal act constitutionality to the Constitutional Court the given issue could be introduced by the Head of the Commission into the Session of the House of Representatives to adopt the final decision.
            3. In the Decision of December 27, 2008 «On the compatibility of the Law of the Republic of Belarus «On Making Alterations and Addenda to some Laws of the Republic of Belarus on State and Mobilisation Material Reserves» with the Constitution of the Republic of Belarus» the Constitutional Court pursuant to part four of Article 104 of the Constitution had formulated a legal position concerning the necessity to establish a special procedure for program laws alterations. This procedure assumes that laws on making alterations and addenda to program laws should be adopted in form of separate laws by the majority of minimum two thirds of both parliament chambers voices.
            The Rules of Procedure determine only a special procedure for program laws adoption – by the majority of minimum two thirds voices of the House of Representatives full composition (Article 203). At the same time the Rules of Procedure lack to establish the adoption procedure for laws on making alterations and addenda to program laws. Confirming the above-stated legal position the Constitutional Court believes the Rules of Procedure should contain legal norms stipulating a special procedure to make alterations and addenda to program laws.
            4. The above-named Decree of the President of the Republic of Belarus of June 26, 2008 No 14 (point 1, subpoint 1.5) establishes that on the motions of the House of Representatives and some other state bodies the Constitutional Court shall state its position concerning documents adopted (enacted) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus, within compatibility of these documents with the universally acknowledged principles and norms of international law.
            However the Rules of Procedure do not provide for the initiation procedure on the above-stated proposals by the House of Representatives.
            The Constitutional Court believes that in order to realise the principles of legal regulation completeness and definiteness it is reasonable to stipulate in the Rules of Procedure the procedure to forward motions by the House of Representatives to the Constitutional Court on stating its position as regards documents adopted (enacted) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus within compatibility of these documents with the universally acknowledged principles and norms of international law. 
            Therefore, in view t the foregoing, pursuant to part one of Article 116 of the Constitution of the Republic of Belarus, part eight of Article 22, part two of Article 24 of the Code of the Republic of Belarus on Judicial System and Status of Judges, the Constitutional Court of the Republic of Belarus 
 
RULED:
 
            1.  In order to provide the appropriate realisation of citizens and organisations rights and legitimate interests, the realisation of the constitutional principles of the right supremacy, completeness and definiteness of legal regulation to recognise as necessary to determine in the Rules of Procedure of the House of Representatives of the National Assembly of the Republic of Belarus the procedures:
for consideration of petitions with the initiative to examine the normative legal acts constitutionality;
for adoption of laws on making alterations and addenda to program laws;
for forwarding motions to the Constitutional Court of the Republic of Belarus on stating its position as regards documents, adopted (enacted) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus, within compatibility of these documents with the universally acknowledged principles and norms of international law.
            2. To propose to the House of Representatives of the National Assembly of the Republic of Belarus to make respective alterations and addenda to the Rules of Procedure of the House of Representatives of the National Assembly of the Republic of Belarus.
            3. The present decision shall come into force from the date its adoption.
            4. To publish the present decision in the Bulletin of the Constitutional Court of the Republic of Belarus. 
 
Presiding Officer–
Chairman of the Constitutional Court of
Republic of Belarus
P. P. Miklashevich