Bulletin of the Constitutional Court
4/2008

Announcement of the Bulletin of the Constitutional Court of the Republic of Belarus

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 October 2008 № D-272/2008 «On the conformity of the Law of the Republic of Belarus «On administrative procedure bases» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 17 October 2008 № D-273/2008 «On the conformity of the Law of the Republic of Belarus «Modifications in the Law of The Republic of Belarus «On notarial system and notarial activity» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 21 October 2008 № P-233/2008 «On some problems of an estimation of property at carrying out the public auctions at the stage of executive manufacture»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2008 № D-279/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in the Law of the Republic of Belarus «On electrical communication» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2008 № D-280/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations in the Law of the Republic of Belarus «On measures to prevent the legalization of the incomes earned illegally, and financings of terrorist activity» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2008 № D-281/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations in the Law of the Republic of Belarus «On the state awards of the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2008 № D-282/2008 «On the conformity of the Law of the Republic of Belarus «On making alteration and addenda in the Ground Code of the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 30 October 2008 № D-283/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in the Law of the Republic of Belarus «On free economic zones» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 30 October 2008 № D-284/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in some laws of the Republic of Belarus concerning illegal migration, distribution of a slave work, children's pornography and prostitution» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 30 October 2008 № D-285/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in the Law of the Republic of Belarus «On people radiating safety» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 30 October 2008 № D-286/2008 «On the conformity of the Law of the Republic of Belarus «On finding the Resolution of the Supreme Council of the Republic of Belarus «On diplomatic ranks of the Republic of Belarus» to be invalid» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-291/2008 «On the conformity of the Law of the Republic of Belarus «The Republican budget 2009» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-292/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in some laws of the Republic of Belarus concerning taxation» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-293/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in some Codes of the Republic of Belarus concerning collecting the alimony on children» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-294/2008 «On the conformity of the Law of the Republic of Belarus «On boundary service of the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-295/2008 «On the conformity of the Law of the Republic of Belarus «On bases of activity to prevent offences» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-296/2008 «On the conformity of the Law of the Republic of Belarus «On credit history» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-297/2008 «On the conformity of the Law of the Republic of Belarus «On the information, informatization and information protection» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 31 October 2008 № D-298/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in some laws of the Republic of Belarus concerning preservation of the environment and rational use of natural resources» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 6 November 2008 № D-299/2008 «On valid period of the power of attorney on reception the money resources from the contribution (deposit) opened in bank of the person where the pension (grant) is listed»

Decision of the Constitutional Court of the Republic of Belarus of 3 December 2008 № В-300/2008 «On calculation of terms in administrative process»

Decision of the Constitutional Court of the Republic of Belarus of 8 December 2008 № В-301/2008 «On the conformity of the Law of the Republic of Belarus «On protection of the atmosphere» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 8 December 2008 № В-302/2008 «On the conformity of the Law of the Republic of Belarus «On making an addenda in the Law of the Republic of Belarus «On the state regulation of manufacture and use of alcoholic production, not food alcohol and not food ethyl alcohol» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 18 December 2008 № D-303/2008 «On realization of the subjective right while the law rules are canceled»

Decision of the Constitutional Court of the Republic of Belarus of 27 December 2008 № D-304/2008 «On the conformity of the Law of the Republic of Belarus «On citizens social protection suffered from the Chernobyl catastrophe or other radiating failures» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 27 December 2008 № D-305/2008 «On the conformity of the Law of the Republic of Belarus «On the commodity exchanges» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 27 December 2008 № D-306/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in the Law of the Republic of Belarus «On Procurator’s office of the Republic of Belarus» and on finding some acts of the legislation of the Republic of Belarus concerning service in procurator bodies to be invalid» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 27 December 2008 № D-307/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in some laws of the Republic of Belarus concerning the state social insurance and employment» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 27 December 2008 № D-308/2008 «On the conformity of the Law of the Republic of Belarus «On making alterations and addenda in some laws of the Republic of Belarus concerning the state and mobilization material reserves» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 December 2008 № D-312/2008 «On the application of longer terms for the official penalties imposing»

Scientific information

P.P.Miklashevich. Legal mechanism of the preliminary constitutional control

The article deals with the issues of realization of the obligatory preliminary constitutional control in the Republic of Belarus. Some experience of the Belarusian constitutional justice on implementation of the preliminary constitutional control shows the need of the further formulation in the direction of the scientific securing of given kind of control, mechanisms searching of the procedural character, concerned the legislative regulation. The author makes the conclusion in the necessity of the legislative definition of the mechanism of the realization by the Parliament and law-application bodies of the legal positions of the Constitutional Court embodied in the adopted by it on the stage of the obligatory preliminary constitutional control decisions along with procedural order of interaction of the Constitutional Court and the participants of the legislative activity in case of finding the law or the international treaty not to be at conformity with the provisions of the Constitution.

D.M.Demichev, N.L.Bondarenko. The constitutional principle of stability of legal regulation of the civil legislation of the Republic of Belarus

The problems connected with integrity and stability of the modern civil legislation in the Republic of Belarus are studied in the article. The conclusion that fixed in the Civil Code principles and norms are embodied the constitutional positions transformed under the influence of specificity of civil-law relations. According to it, the way of overcoming the named problems can be done by the means of three basic elements are offered: achievements of unity of functioning and interaction of principles and norms of the constitutional and civil law, perfection of the effective civil legislation for the purpose of giving it the integrity and constitutional stability, realization of the constitutional control.

D.V.Shabailov. Legal organizational and social guarantees to securing an availability and improve the quality of the medico sanitary help

The article suggests and grounds the system of organizational-legal measures and the social, economic guarantees directed on improvement of quality and efficiency of medico sanitary service. The author gives the reason of necessity of multistructure kinds of financing of public health services, increase of responsibility of the employer for a health condition of the employees, including the differentiated payments on time invalidity, the obligatory insurance of workers, adopting the Law «On the organization (institution) of public health services», increases the responsibility of citizens for a condition of the health, including the partial payment for a medical aid.

S.V.Golovanov. Legal regulation of activity in the use with production wastes

The article grounds the problem of the legal regulation of relations in sphere of the use of production wastes, including the atomic engineering development. As the result of the analysis of the basic acts of the Republic of Belarus regulating the relations under the use of the specified waste, there is a conclusion that the national legislation regulates basically all spectrum of relations in the given sphere. It is also noticed, that concerning the use of waste and other connected issues a number of decrees of the President of the Republic of Belarus, the governmental orders and departmental normative legal acts were adopted. A perspective direction to improve the legislation is the establishment in the country the uniform system of coordination of waste streams of production.

Scientists of Belarus

L.A.Prihodko – 80 years

International relations of the Constitutional Court

On the delegation visit of the Constitutional Court of the Republic of Belarus to the Supreme Court of India (13–15 November 2008)

A.G.Tikovenko. OBSE meeting on consideration of performance of obligations in the human measurement field (Warsaw, 29 September – 10 October 2008)

L.M.Rjabtsev. ХIII Yerevan international conference «Basic constitutional values and the public practice» (3–5 October 2008)