Announcement of the Bulletin of the Constitutional Court of the
Official Materials and Decisions of the Constitutional Court of the
Decision of the Constitutional Court of the
Message of the Constitutional Court of the Republic of Belarus to the President of the Republic of Belarus, to the House of Representatives of the National Assembly of the Republic of Belarus, to the Council of the Republic of the National Assembly of the Republic of Belarus «On constitutional legality in the Republic of Belarus, 2007»
On forming of composition of the Constitutional Court of the Republic of Belarus
On appointment of P.P.Miklashevich as a judge and the Chairman of the Constitutional Court of the
On appointment of L.G.Kozyreva as a judge of the Constitutional Court of the
On appointment of O.G.Sergeeva as a judge of the Constitutional Court of the
On election of T.S.Boiko and A.G.Tikovenko as judges of the Constitutional Court of the
On appointment of A.V.Maryskin and V.V.Podgrusha as judges of the Constitutional Court of the
On election of A.V.Maryskin as the Deputy Chairman of the Constitutional Court of the
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
Scientific information
P.P.Miklashevich. Development of constitutional control – the most important way of securing of supremacy of the Constitution of the
The article, prepared as a result of the discussion in the Constitutional Court of the Republic of Belarus, covers the perspective directions for the development of the constitutional control as a way of securing of the supremacy of the Constitution of the Republic of Belarus, the concrete propositions are made on the development of the acting legislation of the Republic of Belarus in the sphere of constitutional justice.
I.I.Plyakhimovich. Essence and significance of the Code of laws of the
The article is dedicated to the research of substantial aspects of the Code of laws of Belarusian state, the work on the preparing of which was finished in 2007. The Code of laws is defined as a regulated collection of systematized acts, their incorporated complex. The kinds of legislative and other acts which form the Code of laws are revealed, their normative and integral character is noted. The article examines the structure of the Code of laws, the analysis of its correspondence to the Joint legal classifier is held. Comparing the Code of laws with the existing databases of legal information the author emphasizes the advantages of the Code of laws: systematized rubricating, separation of normative legal acts and legal acts, availability of links to the concrete normative act, in which this norm is realized. It is underlined that the work at the Code of laws considered not only the incorporation of the legal acting acts but its perfection and systematization. The author sees the systematization of normative legal acts as the necessary condition of successful functioning and development of the Code of laws.
A.N.Bodak. To issue on principle of equitableness in law
The given article is dedicated to one of the fundamental problems in the legal science – correlation between law and equitableness. Attention is paid to the fact that there are still actual the ideas expressed by the ancient Greek and Roman lawyers about the inseparable links between law and equitableness. The author analyses some historical aspects of the scientific approach towards the law through the definition of equitableness, and there are different points of view on this matter. It is noted that in contemporary period a list of the legal acts of the national legislation contains the provisions on the necessity of following the principle of equitableness practically in all the legal relations. The author proposes a number of measures for the improvement of the action of the mentioned principle aimed at the realization of the basic principle of law – principle of equitableness.
L.O.Murashko. Types of omissions and their eliminations by means of institution of constitutional control
The author continues the research on the theme of omissionship that was started in the article dedicated to such kind of omission as constitutional omission. In this article the concept of omission, their reasons and kinds, first of all the omission in the legislation (as absence of the law; absence of necessary provisions in the law; absence of by-law act) are examined. The situation of legal uncertainty and subsiding execution of law is considered as omission. In every case examples from the practice of the
I.P.Sidorchuk. Some aspects of intelligibility of legislation at modern stage
This article analyzes the results and perspectives of the process of attaining the intelligibility of the legislation in the
K.V.Akimenko. Development of concept of civil rights and freedoms in the
The article is devoted to the research of the concept of civil rights and freedoms of person in the
V.V.Marchuk. Phenomenon of interpretation in process of qualification of crimes
In the article the author analyses the main thesis of philosophical hermeneutic and phenomenology about the category «interpretation» and draws a conclusion, that this phenomenon has universal character and is present on all levels of knowledge. In process of qualification of crimes the author examines the interpretation in the narrow sense of the word, in the aspect of application of law. The author shows the place of interpretation in hermeneutical paradigm of knowledge, the ambivalent character of interpretation in the context of legal reality, justifies the essence of interpretation in process of qualification of crimes, shows the peculiarities of interpretational activity of persons conducting criminal process, motivates the connection of this category with other hermeneutical procedures, points out the reasons which cause the problem of a great number of interpretations of a criminal norm, suggests the ways of overcoming the great number of interpretations.
A.A.Pilipenko. Specification of object of profit tax in context of constitutional justice
The article states that the object of taxation according to the profit tax for Russian organizations is the profit reduced on the sum of effected expenses. For the profits to be counted for the aims of taxation, the observation of the conditions stipulated by Article 252 of the Tax Code of Russian Federation including the term of economic validity of expenses is necessary. The execution of this demand is connected with difficulties in investigating and proving of “economically valid expenses” as far as this term corresponds to the category of estimative terms. It is noted that legal position of the Constitutional Court of Russian Federation on the question of existence in the legislation of estimative categories is valid in the context of necessity of their application to the unlimited number of legal situations. The author expresses opinion that within the framework of legal position of the Constitutional Court of Russian Federation is reasonable to clarify the definition of “expenses” which is contained in Article 3 of the Law of the Republic of Belarus “On taxes on income and profits” connecting them not only with the documentary approval of the fact of expenses for their costly expression but also with the subjection to obtain profits. The new legal definition will allow the tax payer to form her expenses optionally and build the relations with the controlling bodies on the civilized background.
I.P.Mankevich, V.V.Mankevich. To issue on subjects of law relations of ecological insurance
In the article the author analyzes scientific, theoretical and legislative approaches to the definition of the scope of subjects of law whose responsibility is subjected to the ecological insurance. The author also defines the place and the role of the state in the mechanism of ecological insurance as a sole owner of natural resources and guarantor of indemnification caused by violation of the constitutional right on favourable environment. The author mediates the importance of research of notion of the source of increased danger for the environment which is necessary for all enterprises causing harmful effect on the environment to be given a status of the owner of the source of increased ecological danger so as to make them responsible for bringing ecological harm irrespective of their guilt and to involve these enterprises in the mechanism of ecological assurance. The authors suggest definitions of the terms source of increased ecological danger, subjects of law whose responsibility should be subjected to the ecological assurance.
D.V.Shabailov. Principles of law determination and realization of social and economical rights
The article analyses with the help of doctrinal and normative legal sources the principles of law determination and realization of the social legal rights. The author defines and in detail considers the principles of priority, accessibility, quality of the social economic benefits, services (education, use of the profits of the culture, medicine and medicament service, purchase of dwellings, pension and social security). On the basis of the made research the propositions were formulated on the improvement of the acts of the legislation, which regulates the relations in this sphere.
O.V.Cherednichenko. Right to health protection and medical aid in constitutional legislation of foreign states
The issues of securing of the rights and legitimate interests of citizens by rendering medical aid demand the deep analysis of the constitutional norms on health provision, estimations of the constitutional guarantees of realization of the right of citizens on health welfare and medical aid, studying of international experience. Constitutions of a number of foreign countries had the great impact on the world public consciousness, on idea of formation of human rights, recognition of the concept of the social state. The article contains the analysis of the constitutional stipulation of the right on health welfare and medical aid in foreign countries (
E.A.Vertynskaya. On judicial nature of legal relations on professional training of employee outside organization
The article researches the judicial nature of the legal relations on the professional training of the employee outside organization and features of the mentioned relations. The norms of the labour legislation are analyzed along with the scientific literature, on the issues of the field appurtenance of the relations on the professional training of the employee outside organization. The conclusion is justified that the relations on the professional training of the employee outside organization falls within the sphere of regulation of the labour law. The author stresses the attention on the problematic issues of the professional training of the employee outside organization. The article contains the ways of solution of the named issues and propositions on the improvement of the labour legislation.
D.M.Bortkevich. Issues of improvement of legislation in sphere of rendering mobile communication service
This article presents a short historic overview of the world development of a mobile communication, discloses the main issues of formation of legal regulation of mobile communication service. The Belarusian legislation which determines basic rules of mobile communication service as a kind of electronic communication service, Russian experience of the legislation in this sphere and its further realization on the telecommunication market are analyzed. In the aims of perfection of legal regulation in the sphere of mobile communication service and provision of the development of telecommunication services and realization of the progressive technologies in the mobile communication of the
News of science
L.O.Murashko. Belarusian constitutional tradition: the past, the present, the future (to materials on republican scientific and practical conference,
Scientists of Belarus
N.G.Yurkevich – 80th Anniversary