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 16 October 2007 No. P-223/2007 «On regulation of grounds of cancellation of labour contracts with young specialists»
• Decision of the Constitutional Court of the Republic of Belarus of 14 December 2007 No. P-225/2007 «To issue on lawfulness of refusal for consumers in compensation of expenses made by them for restoration of violated rights»

On election of judges of the Constitutional Court of the Republic of Belarus

On election of Mr. V.P. Isotko as a Judge of the Constitutional Court of the Republic of Belarus
On election of Mr. L.M. Ryabtsev as a Judge of the Constitutional Court of the Republic of Belarus
On election of Mr. S.P. Chigrinov as a Judge of the Constitutional Court of the Republic of Belarus

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

      V.D. Skirda. On execution of decisions of the Constitutional Court of the Republic of Belarus in October – December 2007

Citizen lodged an appeal with the Constitutional Court

     On refusal by an official of personal reception with the absence of written application of a citizen
     On access as a representative in civil process of a person that is not stipulated by Article 72 of the Civil Code of Procedure
     On right to judicial protection by way of representation based on power of attorney
     On constitutional right to compensation of depreciation of deposits
     On calculation and payment of interest on deposit made in Bank «BelBaltia»
     On payable privatization of housing
     On type of compensation granted to the owner of a living accommodation in case of finding the house where the living accommodation is located as ramshackle
     On granting the flat into the ownership instead of the losing living accommodation
     On claims of partnership of owners of garages on recovering damages with respect of citizens that use its infrastructure
     On inclusion of time periods of previous work into the record of civil service
     On documents that confirm the record of work while awarding pension
     On right to increase pension for workers who were sent to Afghanistan in 1979–1989
     On adoption of children and its annulment

Scientific information

• G.A. Vasilevich. Parliamentary control – the most important factor for strengthening legality

     Article is dedicated to the important problems of the realization of the parliamentary control. Anticipating the examination of Belarusian model of parliamentary control, the author analyzes the basic control powers of foreign parliaments.
     On the basis of the detailed analysis of the Constitution and other legislative acts the author defines such control powers of Belarusian parliament as the adoption of republican budget and report on its execution, approval or deviation of the program of Government, expression of confidence in Government or lack of confidence in it, expression of distrust to Government, along with parliamentary hearings, deputy's inquiries and some others.
     The performed analysis allowed the author to make a conclusion about the absence of essential differences in the realization by Belarusian parliament of the control function in comparison with the foreign constitutional practice. The author formulated proposals of the increase of the effectiveness of parliamentary control.

• Y.A. Voloshin. Formation of legal doctrine of unique European constitutional space: methodical approaches of science of constitutional law

     In the article some issues of European integration are researched, under analysis is the historically formed interrelation between sociopolitical authority and constitutional status of the determination of the constitutional nature of the European Union. This interrelation is considered as one of the most important means of the determination of legal nature, status and character of this integrated association, its constitutional political-legal development and improvement.
     The author makes the conclusion that the more integrated becomes the European Union, the more it acquires the feature of the independent, sovereign, social, economic, political-legal one with the elements of sovereignty of association.
The positions of European scientists on the issues which are connected with constitutional nature of the Constitution for Europe and consequences of its adoption are under analysis, and it is also noted, that the fact of the appearance of this document is not by chance and is based on the constitutional practice of many Member – States of the European Union.

• N.V. Silchenko. Problems of sources of modern Belarusian law

     In the article on the basis of the thesis about the using of all well-known sources of law in the law system of the Republic of Belarus – the legal custom, legal precedent, the doctrine (science), the contract of the normative content, the Holy Writ (church norms) and the normative legal act – it is made conclusions about the importance of definition of kinds and the system of law sources, it is also motivated the theoretical scheme of dividing of the sources of the modern Belarusian law into the basic and secondary sources. The author also formulated the ideas about foundation of different links between the kinds of law sources and inside of separate kinds, stated points of view about juridical force of sources of law.

• L.O. Murashko. Notion of constitutional omission in aspect of subject of constitutional legal regulation

     In the article the author analyzes the term “constitutional omission”, proceeding from approaches developed in a national legal science and practice. The author suggests to define the constitutional omission as absence of the law (other normative legal act) which should be adopted in accordance with the constitutional provisions. By defining the limits of the constitutional legal regulation, according to the opinion of the author, it is necessary to start with the constitutional model of relation of a society and the state. The author illustrates her point of view with examples from practice of the Constitutional Court of the Republic of Belarus.

• A.N. Pugachev. Problems of activities of bodies of constitutional justice as «positive legislator»

     The article is devoted to analysis of action of bodies of judicial constitutional control as a «positive legislator». The author adduces arguments that allow to looking at the constitutional justice as at the main mechanism of legal regulation in the sphere of lawcreation and lawformation.
     The issue about admission of constitutional courts’ lawcreative power is connected with such larger problem as the widening of scope of constitutional jurisdiction and the reconsideration of the importance of constitutional courts in modern conditions. According to this the author researches the experience of the countries of Western democracy and the former republics of the USSR which realize the idea of judicial normcontrol. Attention is given to doctrinal, legislative and practical aspects. The experience of the Republic of Belarus is analyzed.
     The author made conclusion that the limits and means of judicial lawcreation, the degree and character of limits putting on constitutional courts are distinctive features in different legal systems, therefore, there is no united point of view on the issue of the essence of «negative» and «positive» lawmaking within the limits of judicial constitutional control.

• V.B. Cherny. Constitutional grounds of unification of customs legislation: condition and perspectives

     The article is devoted to the research of the legislative experience of regulation of customs relations and development of customs activities in the Republic of Belarus, Ukraine and Russia at the contemporary stage. In the scientific aspect it was set the problem to analyze national customs legislations, and also to discover principles which favour to mutual benefit and successfully work in the international customs environment within the limits of the CIS. Principles of legal regulation, the content of the norms describing process of unification of the customs legislation regarding creation of zones of free trade, the Customs union are disclosed.
     There was made an attempt to consider the reason of an insufficient level of customs relation with the purpose of search of optimum variants of simplification of customs registration, the customs control, expansion of enviroment of free movement of the goods, more dynamical development of foreign economic relations.
     The author formulated the specific proposals on strengthening a legal basis of development of customs activities and development of the new approach to legal regulation of the relations connected with realization of customs policy of Belarus, Ukraine and Russia.

• M.P. Korotkevich. On peculiarities of contract of marriage and divorce with foreigners and stateless persons in the Republic of Belarus

     In the article are analyzed the provisions of legislation of the Republic of Belarus concerning marriage and dissolution of marriage with foreign citizens and stateless persons. Having carried out the research, the author draws the conclusion that it is necessary to strengthen special rules of legal regulation of marriage and dissolution of marriage with foreign citizens and stateless persons. The author makes proposals regarding improvement of normative legal acts the Republic of Belarus lhat regulate relations in the given sphere.

• E.M. Shupegina. To issue on conditions of granting a flat for the member of housing and building co-operative

     The article is devoted to the issues of formation share by a member of a housing and building co-operative as a condition of occurrence by him/her the right to reception of the constructed apartment in use. The history of the development of the legislation and practice on these issues is analyzed. The author makes the conclusion that for the last decade the legislation on financing housing construction within the structure of a housing and building co-operative has been changed and entailed alterations in practice in order of formation by a member of a housing and building co-operative of share and accordingly the change of the rate of a share that was deposited with a view to get an apartment. It is offered to fix the mentioned alterations in the special legislation on housing and building co-operation.

• T.E. Shpilevskaya. Legal status of professors and teachers of high schools

     The article is devoted to the research of the issues connected with the rights and duties of professors and teachers of the faculties of high schools. The author notes that in the Republic of Belarus the issues connected with a legal status of professors and teachers of the faculties of high schools has not been taken into consideration in full scale both in the scientific literature and at the legislative level. In the article fundamental rights and duties of professors and teachers of the faculties of high schools are considered, their features are characterized; there is the analysis of special norms of the legislation in which the special rights of teachers of high schools are stipulated; proposals on perfection of the effective legislation are formulated.

• K.V. Istomenok. Appointment of diplomatic courier, starting and termination of functions

     The article contains the analysis of such important components of the status of the diplomatic courier, as the order of appointment of the diplomatic courier, the beginning of performance and the termination of official functions by him, the proof of the status of the diplomatic courier. The opportunity of appointment of the diplomatic courier by the several states is considered. It is disclosed, how the given issues had been solved in the Draft of articles on the status of the diplomatic courier and the diplomatic mail which is not accompanied by the diplomatic courier, drafted and adopted by the Commission of international law of the United Nations, along with there are the propositions regarding improvement of contemporary international law in the given sphere.

International experience of constitutionalism

T.S. Maslovskaya. Constitutional Tribunal of Principality of Andorrа

The research has been made on the constitutional legal status of the Constitutional Tribunal of the Principality of Andorra on the basis of the norms of the Constitution of the Principality of Andorra of 1993 and Qualified Law on the Constitutional Tribunal of the Principality of Andorra of 3 September 1993. It is emphasized the peculiarities of the order of forming of the Constitutional Tribunal. It is analyzed the status of the members of the Constitutional Tribunal, it is defined its particularity. Precise attention is paid to the disciplinary liability of the members of the Tribunal.

News of science

     Round table «Improvement of system of state government: theory and practice» (16 November 2007).

International relations of the Constitutional Court

     V.I. Seledevsky. International Seminar «Concerted efforts at European level to protect ethnic, linguistic and national minorities» (26–29 November 2007, Trieste).