The Constitutional Court of the Republic of Belarus comprising the Presiding Officer – Chairman of the Constitutional Court of the Republic of Belarus P.P. Miklashevich, Deputy Chairman A.V. Maryskin, judges T.S. Boiko, T.V. Voronovich, S.Y. Danilyuk, V.P. Isotko, L.G. Kozyreva, V.V. Podgrusha, L. M. Ryabtsev, O.G. Sergeeva, A.G. Tikovenko, S.P. Chigrinov

on the basis of part one of Article 116 of the Constitution of the Republic of Belarus, subpoint 1.1 of point 1 and point 3 of the Decree by the President of the Republic of Belarus of June 26, 2008 No. 14 “On Certain Measures to Improve the Activities of the Constitutional Court of the Republic of Belarus”

in open court session in the exercise of obligatory preliminary review considered the constitutionality of the Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On Environmental Protection”.

Having heard the reporting judge A.V. Maryskin, having analysed the provisions of the Constitution of the Republic of Belarus (hereinafter – the Constitution), of the Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On Environmental Protection” and other legislative acts of the Republic of Belarus, the Constitutional Court found the following.

The Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On Environmental Protection” (hereinafter – the Law) was adopted by the House of Representatives of the National Assembly of the Republic of Belarus on April 2, 2010, approved by the Council of the Republic of the National Assembly of the Republic of Belarus on April 19, 2010 and submitted for signing by the President of the Republic of Belarus.

The Law is adopted to ensure the rational (sustainable) use and natural resources conservation and to pursue the international obligations of the Republic of Belarus inclusive of the Convention on Biological Diversity, the Convention on Conservation of Migratory Species of Wild Animals and others as well as to bring in line the rules of the Law “On Environmental Protection” with those of the Laws of the Republic of Belarus “On Protection of Atmospheric Air”, “On Wildlife”, “On the Republican Budget for 2010”, “On the State Environmental Expertise” and other legislative acts of the Republic of Belarus.

The Law makes alterations and addenda to the Law of the Republic of Belarus “On Environmental Protection”. These alterations and addenda define the concepts of “biospheric refugium”, “structure of biospheric refugium”, “national ecology net”, “elements of the national ecology net”, “the best available technical methods”, “rational (sustainable) use of resources” and determine their content. They also specify the requirements in the field of environmental protection including those regarding facilities of location, constructional design, construction, reconstruction, introduction into service and liquidation of extraction, refining, transportation, storage and sales of oil, gas and products produced from these. The Law enlarges the powers vested in the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection, regional executive and regulatory bodies, other state agencies in charge of environmental protection. These powers include the creation and functioning of the national ecology net as well as the decision-making on activation and inactivation of biospheric refugiums.

While reviewing constitutionality the Court proceeds from the following.

1. According to Article 46 of the Constitution everyone shall be entitled to a conducive environment and to compensation for loss or damage caused by the violation of this right. The State shall supervise the rational use of natural resources to protect and improve living conditions, and to preserve and restore the environment.

A number of provisions of the Law provide for stiffening and widening (as regards the biospheric refugiums) the environmental protection requirements and aime at the further development of the individual constitutional right to a conducive environment and at the creation of necessary mechanisms to exercise part one of Article 46 of the Constitution. These requirements regard the location, constructional design, construction, operation, conservation and liquidation of military and defence facilities, weapons and military equipment as well as the operation of agricultural facilities, land reclamation and reclamation projects operation, location, construction and reconstruction of settlements, disposal of ionising radiation sources and others (points 15, 26-32 and others of article 1).

The rules of the Law (points 8-11 and others of article 1), vesting in the President of the Republic of Belarus, the Council of Ministers, the Ministry of Natural Resources and Environmental Protection, regional executive and regulatory bodies supplementary powers as regards the establishment of state control over rational use of natural resources while creating the national ecology net, activation and inactivation of biospheric refugiums, are in line with the constitutional provisions on state control over the rational use of natural resources (part two of Article 46) and serve as a real guarantee of the individual constitutional right to a conducive environment.

2. According to Article 8 of the Constitution the Republic of Belarus shall recognise the supremacy of the universally acknowledged principles of international law and ensure that its laws comply with such principles. The article 26 of the Vienna Convention on the Law of Treaties provides that every treaty in force is binding upon the parties to it and must be performed by them in good faith. In part one of article 33 of the Law of the Republic of Belarus “On International Treaties of the Republic of Belarus” it is specified that international treaties must be performed by the Republic of Belarus in good faith in compliance with international law.

A number of provisions of the Law contain legal instructions on the creation and functioning of the national ecology net and its elements, on biospheric refugiums and their structure, which are subject to international treaties of the Republic of Belarus, to begin with the Convention on Biological Diversity, the Convention on Conservation of Migratory Species of Wild Animals, as well as the Pan-European Biological and Landscape Diversity Strategy. In particular, with a view to preserve natural ecological systems, biological and landscape diversity the legislator specifies duties and restrictions for its users to pursue to the protection and usage mode in natural areas of preferential protection, natural areas subject to special protection and biospheric refugiums.

3. The analysis of the Law articles with formal revisions and specifications shows that they provide for clarity, unambiguousness, consistency, certainty of the applied legal rules and specific terms. They aim to further improvement of the legal regulation of social relations in the field of environmental protection that comply with the supremacy of law (Article 7 of the Constitution) and its derived principle of legal certainty.

The examined Law has been adopted within the powers of the National Assembly of the Republic of Belarus. So, the House of Representatives of the Republic of Belarus shall consider draft laws on environmental protection and the rational use of natural resources (point 2 of part one of Article 97 of the Constitution), and the Council of the Republic shall approve or reject draft laws adopted by the House of Representatives (point 1 of part one of Article 98 of the Constitution).

Therefore, the analysis of the Law articles, the form of the act and the procedure of its adoption allows to conclude that all of them are conforming to the Constitution.

Guided by parts one, seven of Article 116 of the Constitutions of the Republic of Belarus, parts eight, thirteen, fourteen of Article 24 of the Code of the Republic of Belarus on Judicial System and Status of Judges, subpoint 1.1 of point 1 and point 3 of the Decree by the President of the Republic of Belarus of June 26, 2008 No. 14 “On Certain Measures to Improve the Activities of the Constitutional Court of the Republic of Belarus”, the Constitutional Court

RULED:

1. To recognise the Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On Environmental Protection” to be conforming to the Constitution of the Republic of Belarus.

2. The present decision shall entry into force since the date of its adoption.

3. To publish the present decision in accordance with the legislation.

Presiding Officer-

Chairman of the Constitutional Court

of the Republic of Belarus P.P.Miklashevich