On January 26, 2010 was adopted a Message of the Constitutional Court of the Republic of Belarus to the President of the Constitutional Court of the Republic of Belarus, the House of Representatives and the Council of the Republic of the National Assembly “On Constitutional Legality in the Republic of Belarus, 2009”

In 2009 with a view to protect the constitutional order, rights and freedoms of citizens the Constitutional Court exercised the constitutional review of normative legal acts, within its competence took measures to implement the constitutional principles and values, ensured the supremacy and a direct effect of the Constitution of the Republic of Belarus.

Obligatory preliminary review of the constitutionality of laws

In 2009 in the exercise of preliminary review the Constitutional Court examined the constitutionality of 104 laws, including 44 laws on ratification of international treaties adopted by the National Assembly of the Republic of Belarus before their signing by the President of the Republic of Belarus. Among them are laws regulating regulations in the field of banking, financial, land and transport legislation, laws on state construction and constitutional rights of citizens, laws on the improvement of judicial proceedings, defence and security, crime fighting, environmental security, social services etc.

Based on the results of the obligatory preliminary review of the constitutionality of laws all the examined laws in their content were found to be in line with the Constitution. In its legal positions the Constitutional Court stated that in the last year laws were enshrined and developed relevant constitutional norms and principles as well as generally acknowledged principles of international law. Legislative regulation duly provided for the guarantees of the exercise and protection of rights and freedoms of citizens and of other constitutional values. The legal restrictions which were imposed at the legislative level and adhering to the principle of proportionality, secured a proper balance of the individual and state interests, adequacy to the constitutionally protected values and goals.

Subsequent review of the constitutionality of normative legal acts

Over the past fifteen years since its foundation the Constitutional Court adopted 73 judgments on the constitutionality of normative legal acts, in 47 judgments of which the normative legal acts or their separate provisions were found to be inconsistent with the Constitution and acts of higher legal force. As in the recent years the authorised subjects had not applied to the Constitutional Court with motions to review the constitutionality of normative legal acts, the Constitutional Court adopted a number of decisions aimed at developing a mechanism of indirect individual access to constitutional justice in March 2009. In August 2009 the Council of Ministers made the necessary alterations and addenda to its Rules of Procedure. The Houses of Parliament confirmed the procedural opportunity to exercise the individual initiatives in the constitutional process.

Eliminating gaps and conflicts in law

In 2009 the total of applications to the Constitutional Court amounted to 1274 applications, including 1217 individual ones, of which 53 were collective and 51 from organisations. 95% of applications concerned the law enforcement by courts and other bodies. In 2009 after considering the applications of state bodies, organisations and citizens the Constitutional Court took 10 decisions aimed to eliminate regulatory gaps and conflicts of separate provisions of normative legal acts.

They include the decision of July 17, 2009 in which the Constitutional Court noted that the inclusion of conditions irrelevant to qualifications of an employee into job (vacancies) offers makes grounds for the constitutional rights’ violations. In this regard the Council of Ministers was invited in the established procedure to prepare a draft law on introducing the relevant addenda to the Labour Code of the Republic of Belarus and the Law of the Republic of Belarus “On Employment of the Population of the Republic of Belarus” in order to avoid the entirety of discriminatory conditions and its extension by establishing such conditions as age and place of residence.

The Constitutional Court also adopted decisions aimed at ensuring equal rights of the citizens of the Republic of Belarus and the Russian Federation in education, the uniformity of legal norms regarding the dismissal benefits and the resolution of conflicts between norms of legislation providing for an additional ground to terminate an employment agreement.

Execution of decisions of the Constitutional Court

In 2009 22 decisions of the Constitutional Court were executed that is significantly higher than in previous years. Among normative legal acts, which reflect the legal positions of the Constitutional Court, it should be noted the Edict of the President of the Republic of Belarus of November 16, 2009 No. 543, which granted the right to able-bodied adult family members of the tenant of the living space of social use of the public housing fund to make an open ended lease agreement in the event of his death; the Law of the Republic of Belarus of December 28, 2009 “On Making Alterations and Addenda to Some Codes of the Republic of Belarus”, which adds to the Article 520 of the Civil Procedural Code of the Republic of Belarus a provision stipulating the inclusion of income from craft activities to the list of income, equivalent to wages.

Estimation of constitutional legitimacy

While estimating the state of constitutional legality in the Republic of Belarus in 2009 the Constitutional Court notes that its level is under the influence of the quality and consistency of legislation, legality and equity of law enforcement, and constitutional reasoning of officials as well as public legal consciousness.

The stability of legislation is the most important task at this stage. Most of the laws passed by the Parliament make alterations and addenda to the previous laws. In some cases these alterations and addenda do not concern the subject matter and are introduced owing to the terminology changes. According to the Constitutional Court the achievement of legislative regulation stability is the primary requirement for a sustainable development of society and the state at the present stage.

The process of improving the legislation should be pursued in view of the need to better implement the constitutional principles and norms, to create additional legal mechanisms and legal procedures to better ensure rights and freedoms and guarantees of their exercise, safeguard of other constitutionally protected values.

The law enforcement should aim at the achievement of constitutional legitimacy of a higher level as well as the enforcement of the law. Access to justice, including a constitutional one represents not a statement of a formal guarantee of protecting everyone’s rights and liberties by a competent, independent and impartial court in due time determined by legislation, but the administration of justice in a strict accordance with the provisions of the Constitution, values and goal thereof.