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

Decision of the Constitutional Court of the Republic of Belarus of 6 July 2010 No. D-481/2010 «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 6 July 2010 No. D-482/2010 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus on the Protection of the Rights and Legitimate Interests of Children» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 6 July 2010 No. D-483/2010 «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 Business Associations» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 6 July 2010 No. D-484/2010 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus on the Legal Protection of Inventions, Utility Models, Industrial Designs» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 6 July 2010 No. D-485/2010 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Laws of the Republic of Belarus and Considering Some Legislative Acts of the Republic of Belarus and Particular Provisions thereof on Privatisation of State-owned Property to Have Lost Force» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 7 July 2010 No. D-486/2010 «On the conformity of the Law of the Republic of Belarus «On Exclusive State-owned Assets and Types of Activity Subject to Exclusive Right of the State» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 8 July 2010 No. D-487/2010 «On the conformity of the Law of the Republic of Belarus «On State Secrets» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 8 July 2010 No. D-488/2010 «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 Military Duty and Military Service» to the Constitution of the Republic of Belarus»

• Scientific Information

L.G.Kozyreva, V.D.Bolibok. Constitutional economics in the Republic of Belarus

The subject of the article is the development of constitutional economics as a branch of science. Relevant positive experience of the Russian Federation is described in details. Based on the analysis of the constitutional law of the Republic of Belarus and some other countries are revealed the principles and objectives of constitutional economics. Their importance for a state based on the rule of law is substantiated.

S.P.Chigrinov. On the category content of «unconstitutionality»

The article presents the category content of «unconstitutionality» as a fact to be proven in constitutional proceedings. The approaches existing in legal doctrines of Great Britain, USA and Russia are analysed. The author notes that unconstitutionality is a special type of unlawfulness which means inconsistency with constitutional rules either of subordinated normative legal acts or legally significant actions of persons in law. The unconstitutionality of a legal rule manifests itself when its content is contrary to the constitutional rules or when the procedure for adopting of this rule has been violated. As to the unconstitutionality of actions of a person in law it occurs when this person fails to observe the orders prescribed by the rules of the Constitution.

L.M.Ryabtsev, V.V.Kolyago. Constitutional legal basis to offence prevention

The author examines theoretical and practical issues of the implementation of constitutional rules when the activities of certain subjects, aimed at offence prevention, are being administratively and legally regulated. The authors conclude that relevant rules of the Constitution of the Republic of Belarus are in line with the provisions of international legal acts. They also establish the necessity to improve the legislation with a view of its conformity to constitutional provisions. The grounds for the restriction of the citizens’ rights implied to prevent offences are examined as well.

A.V.Karavai. Acts of the Constitutional Court of the Republic of Belarus as a source of legal regulation of civil legal relationship

The present research is based on the provision that in accordance with the Law of the Republic of Belarus “On Normative Legal Acts of the Republic of Belarus” the acts of the Constitutional Court of the Republic of Belarus shall rank with normative legal acts. By virtue of article 3 of the Civil Code of the Republic of Belarus they represent acts of civil legislation. The author of the article examines different types of the acts of the Constitutional Court, which are a source of regulation of civil legal relationship, assesses their significance, investigates into their contents and application.

L.O.Murashko. Modern trends of law-making in Belarus (axiological aspect)

Modern trends in law-making which is considered to be a process of creating normative legal acts (i.e. research and analysis of social relationship patterns, maturation of the very idea of legal regulation, its implementation in texts of normative legal acts in accordance with the course of law) on the basis of the objective need for legal regulation are analysed. The author underlines that in pursuance of objective regulative nature of law it shall meet social values.

Modern law-making in European legal area has the following trends: updating of axiological contents of legal rules, constitutionalisation (in Belarus it was fostered with the introduction of obligatory preliminary constitutional review), strengthening of judicial legislation in modern legal systems. All these trends are examined as regards the law-making in the Republic of Belarus.

E.M.Shupegina. On some aspects of the constitutional right to housing exercised by family members (inclusive of former ones) of a tenant builder

After a tenant builder acquires a right to use his housing, the same right is vested in his family members who settle in after him. The article deals with the conditions provided for this right as well as the issues of its reservation or termination in cases when a tenant builder loses his right to use housing, when a person loses his family member status and when a family member moves to another place of residence.

The author tried to outline legal regulation on the issue, its practical side and experts’ opinions.

• Foreign Experience of Constitutionalism

Bertrand Mathieu. Creative decisions of the Constitutional Council

María Emilia Casas Baamonde. Spanish experience

Tobias Jaag. Constitutional courts as «positive legislators»: Switzerland

V.M.Kampo, M.V.Savchin, N.N.Sergienko. The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitutional Court of Ukraine: some aspects of internationally conformal interpretation of the Constitution of Ukraine

The article dwells upon the separate problematic aspects of the implementation of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950. Special attention is paid to the issues of constitutionally-conformal interpretation of the Convention and the case-law of the European Court of Human Rights in the decisions of the Constitutional Court of Ukraine.

Boris Balog. The principle of proportionality in the decisions of the Constitutional Court of the Slovak Republic (in English)

Present contribution deals with the principle of proportionality and its application in decision-making activity of the Constitutional Court of the Slovak Republic. The Constitutional Court of the Slovak Republic applies this principle in accordance with methods elaborated by the German Federal Constitutional Court. In the present paper is devoted special attention to the decision of the Constitutional Court of the Slovak Republic, which covered the salaries of judges and its relationship to the judicial independence. To address this issue applied the Constitutional Court of the Slovak Republic the principle of proportionality.