• Official materials and Decisions of the Constitutional Court of the Republic of Belarus

Decision of the Constitutional Court of the Republic of Belarus of 7 October 2009 No. D-362/2009 «On Making Addenda to Rules of Procedure of the Constitutional Court of the Republic of Belarus»

 This decision amends Article 876 of the Rules of Procedure by adding parts that set up the procedure of preliminary judicial preparatory activities (pre-trial preparation), that precede the examination of a law constitutionality in the exercise of obligatory preliminary constitutional review in court session and realised by a judge (or judges) and corresponding organisation departments of the Secretariat of the Constitutional Court.

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2009 No. D-364/2009 «On the conformity of the Law of the Republic of Belarus «On State Environmental Expertise» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2009 No. D-365/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus Regarding State Registration and Liquidation (Termination of Activities) of Economic Entities» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2009 No. D-366/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Law of the Republic of Belarus «On Basis of Transport Activity» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2009 No. D-367/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus Regarding Use of Atomic Energy» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2009 No. D-368/2009 «On the conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to Some Laws of the Republic of Belarus Regarding Educational Issues» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 29 October 2009 No. D-369/2009 «On the conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to the Law of the Republic of Belarus «On State Registration of Real Estate, Rights To it and Transactions With it» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 25 November 2009 No. D-377/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus Regarding Declaration of Individual Income, Property and Sources of Funds» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 27 November 2009 No. D-380/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations to the Law of the Republic of Belarus «On Trade» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 30 November 2009 No. D-382/2009 «On the conformity of the Law of the Republic of Belarus «On State Youth Policy» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 10 December 2009 No. D-383/2009 «On Judicial Appeal Against the State Bodies Resolutions Regarding Taxation (Explanations of Tax Legislation)»

 In the decision of the Constitutional Court of the Republic of Belarus was pointed out that the resolutions of higher taxation authorities which had been adopted upon applications concerning taxation (explanations of tax legislation) are deemed legal acts of non-normative nature.

 With a view to exercise everyone’s right to judicial protection as well as to ensure the taxpayers’ rights the Constitutional Court recognised it necessary to ensure the opportunity to appeal to a court against the resolutions of higher taxation authorities which had been adopted upon applications concerning taxation (explanation of tax legislation) and forwarded a proposal to the Supreme Economic Court of the Republic of Belarus to adopt the Resolution of the Supreme Economic Court Plenum on the issue in accordance with legislative acts.

Decision of the Constitutional Court of the Republic of Belarus of 16 December 2009 No. D-384/2009 «On Necessity to Resolve Collisions Between the Norms of the Legislative Acts, Envisaging Additional Ground for the Termination of a Labour Contract under Point 5 of Article 47 of the Labour Code of the Republic of Belarus»

 In the decision of the Constitutional Court of the Republic of Belarus it was pointed that from sense and content of the part two of the article 16, part 5 of the article 17 of the Law of the Republic of Belarus «On fighting corruption» and taking into account the prescription of the part one of the article 35 of the Labour Code, state official which did not sign or violated written obligation on following the established limitations, shall be dismissed form the post in order and on the basis determined by the Labour Code.

At the same time point 5 of the article 47 of the Labour Code contains indication on the employee which is authorized to execute state functions, and does not mention state official. However definition of the term «employee which is authorized to execute state functions» currently is not used in the anticorruption legislation.

 To resolve the collision between the mentioned legal norms of the Labour Code and the Law «On fighting corruption» the Constitutional Court based on the principle of legal certainty and necessity of ensuring the uniform understanding and application of the norms of legislation had proposed to the Council of Ministers of the Republic of Belarus to prepare the draft law on making respective alterations to the Labour Code of the Republic of Belarus.

Decision of the Constitutional Court of the Republic of Belarus of 21 December 2009 No. D-401/2009 «On the conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to the Civil 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 21 December 2009 No. D-402/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Laws of the Republic of Belarus «On Veterans» and «On Status of Heroes of the Soviet Union Heroes of the Socialist Labour, Full Holders of the Order of the Glory, Labour Glory» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 21 December 2009 No. D-403/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations to the Law of the Republic of Belarus «On Advertising» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 21 December 2009 No. D-404/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus Regarding the Movement of Certain Types of Goods Across the Customs Border of the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 21 December 2009 No. D-405/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus Regarding the Regulation of the Land Relations» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 22 December 2009 No. D-406/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Law of the Republic of Belarus «On Employment of the Population in the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 22 December 2009 No. D-407/2009 «On the conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to Some Codes of the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 22 December 2009 No. D-408/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 22 December 2009 No. D-409/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Codes of the Republic of Belarus Regarding Criminal and Administrative Liability» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 22 December 2009 No. D-410/2009 «On the conformity of the Law of the Republic of Belarus «On Electronic Document and Digital Signature» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 23 December 2009 No. D-411/2009 «On the Conformity of the Special Part of the Tax 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 23 December 2009 No. D-412/2009 «On the conformity of the Law of the Republic of Belarus «On Enactment of the Special Part of the Tax Code of the Republic of Belarus Making Alterations and Addenda to the General Part of the Tax Code of the Republic of Belarus and Finding Inoperative Some of the Laws and its Separate Provisions Regarding Taxation» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 23 December 2009 No. D-413/2009 «On the conformity of the Law of the Republic of Belarus «On Republican Budget for 2010» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 23 December 2009 No. D-414/2009 «On the conformity of the Law of the Republic of Belarus «On Budget of the State Off-budget Fund of Social Protection of Population of the Ministry of Labour and Social Protection of the Republic of Belarus for 2010» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 24 December 2009 No. D-415/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Law of the Republic of Belarus «On Dactyloscopic registration» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 24 December 2009 No. D-416/2009 «On the conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to the Law of the Republic of Belarus «On Status of the Deputy of the House of Representatives Member of the Council of the Republic of the National Assembly of the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 24 December 2009 No. D-417/2009 «On the conformity of the Law of the Republic of Belarus «On Status of Servicemen» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 24 December 2009 No. D-418/2009 «On the conformity of the Law of the Republic of Belarus «On Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 24 December 2009 No. D-419/2009 «On the conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to Some Laws of the Republic of Belarus Regarding Elections and Referendums» and «On Finding Inoperative the Law of the Republic of Belarus «On Central Election Commission of the Republic of Belarus «On Elections and Holding Republican Referendums» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 24 December 2009 No. D-420/2009 «On the conformity of the Law of the Republic of Belarus «On Procedure and Terms of Sending Citizens to the Medical Labour Preventorium and Terms of Staying There» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 28 December 2009 No. D-422/2009 «On the conformity of the Law of the Republic of Belarus «On Local Government and Self–governance in the Republic of Belarus» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 28 December 2009 No. D-423/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus Regarding the Strengthening the Fight with Crime» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 28 December 2009 No. D-425/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alteration to the Law of the Republic of Belarus «On Mortgage» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 28 December 2009 No. D-426/2009 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus Regarding the Budgetary Relations» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 28 December 2009 No. D-427/2009 «On the conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to Some Laws of the Republic of Belarus Regarding Exercise of Administrative Procedures» to the Constitution of the Republic of Belarus»

• Execution by the state bodies of the Decisions of the Constitutional Courtof the Republic of Belarus

Latushkin S.P. On the execution of the decisions of the Constitutional Court of the Republic of Belarus in the fourth quarter 2009

• Scientific information

Miklashevich P.P. Improvement of legal procedure in the preliminary constitutional review of laws

 The article deals with separate issues of execution of the constitutional legal proceedings of obligatory preliminary review of the laws. The solution of the mentioned in the article problems will serve for the improvement of named type of the constitutional review. The author propose measures aimed on the legislative fixation of the possibility of the participation in the court hearings of the representatives of the Head of State and Chambers of Parliament, further procedural regulation of the stage of the preliminary pre-court preparation of the consideration of the case, legal regulation of the mechanism of the execution of the decisions of the Constitutional Court adopted in accordance with the procedure of obligatory preliminary constitutional review of the constitutionality of laws. Realization of the mentioned measures will allow the Constitutional Court while execution of the obligatory preliminary constitutional review of the constitutionality of laws to study comprehensively different points of view on the constitutionality these or those provisions of the law, to make constitutional procedure more open for public and in some respect to add the elements of adversary procedure in it, to provide certain legal mechanism of executing decisions.

Voronovich T.V. Direct (per se) application of the Constitution by the courts of the Republic of Belarus and Russian Federation

The article deals with theoretical and practical problems of application of the constitutional principle of the direct (per se) application of the Constitution by the courts of the Republic of Belarus and Russian Federation. The author discusses the conclusion that there are no obstacles of normative legal nature for the application of the Constitution in the Republic of Belarus by courts of general jurisdiction as an act of direct action. The necessity of improvement of legislation in connection with the practical application of the considered constitutional principle is justified

• International relations of the Constitutional Court of the Republic of Belarus

On participation of the Chairman of the Constitutional Court of the Republic of Belarus Petr P. Miklashevich in the XIVth Yerevan International Conference (1–3 October 2009)

Danilyuk S.Y. International Seminar «European Convention on Human Rights and Criminal Justice» (Minsk, 30–31 October 2009)

XII International Forum on Constitutional Justice (St. Petersburg, 20–21 November 2009)