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Official materials and Decisions of the Constitutional Court of the Republic of Belarus
Decision of the Constitutional Court of the Republic of Belarus of 26 January 2010 No. D-430/2010 «On Constitutional Legality in the Republic of Belarus, 2009»
Decision of the Constitutional Court of the Republic of Belarus of 4 March 2010 No. D-431/2010 «On the Decision of the Constitutional Court of the Republic of Belarus of 10 December 2009 «On Judicial Appeal Against the State Bodies Resolutions Regarding Taxation (Explanations of Tax Legislation)»
Decision of the Constitutional Court of the Republic of Belarus of 23 March 2010 No. D-432/2010 «On Equal Guarantees of the Citizens’ Right to Unemployment Protection
Decision of the Constitutional Court of the Republic of Belarus of 20 January 2010 No. P-250/2010 «On the Alteration to the Editorial Board of the «Bulletin of the Constitutional Court of the Republic of Belarus»
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Ensuring the constitutional right to petition the public authorities
Kozyreva L.G. On the work with citizens’ petitions to the Constitutional Court in 2009
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Scientific information
Miklashevich P.P. Preliminary constitutional review of laws that ratify international treaties
Article covers the question of the review of laws that ratify international treaties as a self-sufficient object of the constitutional review. The international practice of constitutional courts concerning the issue was analysed, along with decisions of the Constitutional Court of the Republic of Belarus on the conformity to the Constitution of laws that ratify international treaties, particularities of court proceedings, consequences of recognizing laws that ratify international treaties to be unconstitutional. The author makes a conclusion that in the Republic of Belarus are set on the constitutional level two separate objects of the constitutional review – the law and the international treaty. The review by the Constitutional Court of a law that ratifies the international treaty falls down to the common rules of the law review. Recognizing unconstitutional the law that ratifies the international treaty is a condition for the President of the Republic of Belarus not to sign it and to return it to the Parliament.
Sergeeva O.G. The activity of the Constitutional Court on the elimination of gaps in the legislation
Actual for all legal systems problem that deals with the elimination of gaps in the legislation is studied. The notion, causes, types, ways to overcome those gaps are considered. Questions regarding the detection of gaps in the legislation following the overcome and elimination of such gaps are covered basing on the analysis of theoretical sources, rules of the legislation, decisions of the Constitutional Court of the Republic of Belarus. The importance of the co-operation of organ of the constitutional review and legislative organ in such process is stressed.
Kozyreva L.G. The execution of the decisions of the Constitutional Court of the Republic of Belarus
Considering the place of the organ of the constitutional control in the system of the separation of powers, the author analyzes the question of the execution of decisions of the Constitutional Court of the Republic of Belarus under a prism of such its characteristics as bindingness and legal consequences. It is pointed out that the execution of the decisions of the Constitutional Court – the obligation of the legislative and executive bodies of the public authority, law enforcing bodies to whom those decisions are drawn directly or indirectly. Some other issues in the considered field that need the legislative regulation are defined.
Murashko L.O. On decisions of constitutional courts as acts of interpretation of national constitution (theoretical questions)
In the article various points of view on the legal nature of decisions of constitutional courts are analysed. The author asserts that by taking a decision on a case the constitutional court makes a judicial (casual) interpretation of the national constitution, which has relevance in rule for the legal system due to a special role in the state of such source of law as the Basic Law. The author arrives at the conclusion that the national constitution is the basic, and the decision of the constitutional court is “an additional” source of law.
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International experience of constitutionalism
Maslovskaya T.S. European model of the constitutional justice: particularities of the protection of constitutional rights and freedoms
Under consideration there are two basic ways of constitutional justice access for individual in European states – direct and indirect. The varieties of these ways are marked out. The peculiarities of application of an institution of constitutional complaint, «amparo», «popular complaint» (actio popularis) are analysed. Indirect (incident) way of individual appeal in institutions of constitutional control and varieties of European model as well as French constitutional model of constitutional justice access for individual are made out and considered.
Pilipenko A.A. Fairness (unfairness) of the taxpayer in light of the legal positions of the Constitutional Court of the Russian Federation
The subject of study in this article is the category of “fairness” in the framework of certain legal positions of the Constitutional Court of the Russian Federation. Analysis of corresponding decisions of the Constitutional Court of the Russian Federation in systemic correlation with the provisions of the fiscal legislation revealed the necessity of the detailed formalisation of criteria and characteristics of the lack of fairness of tax-payers. Considering that the content of the conception of “fairness” is of the evaluative nature and in case of controversy it is concretised and individualised in the process of law enforcement, Republic of Belarus should consider Russian experience of applying this category in the framework of its filling with the constructive content.
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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 International Conference on «Ensuring the supremacy of the Constitution – the main function of the Constitutional Court» (25–26 February 2010, Chisinau, Republic of Moldova)