The Message of the Constitutional Court to President of the Republic of Belarus and the Houses of Parliament of the Republic of Belarus “On Constitutional Legality in the Republic of Belarus, 2010” was adopted on January 25, 2011.

In 2010 the activity of the Constitutional Court, designed to exercise control over the constitutionality of normative acts, was aimed at ensuring the supremacy of the Constitution and its direct effect on the territory of the Republic of Belarus, the conformity of normative legal acts of state bodies to the Constitution, approving constitutional legitimacy in rule-making and law-enforcement.

Under obligatory preliminary review of the constitutionality of laws 129 laws were reviewed, including 80 laws on ratification of international treaties, adopted by the National Assembly of the Republic of Belarus prior to the signing by the President of the Republic of Belarus. All laws were found conforming to the Constitution.

The Constitutional Court has formulated in its decisions more than 50 legal positions in which it stated the consolidation of mechanisms of realisation of constitutional rules and principles, as well as universally recognised principles of international law in laws adopted in the Republic of Belarus. The Constitutional Court noted that restrictions of rights and freedoms set at the legislative level, due to the protection of constitutionally significant values and correspond to the general legal principle of proportionality, ensure balance of state, public and private interests.

In order to comply with the principle of legal certainty in the legislation the Constitutional Court has drawn the attention of the legislator to the uncertainty, imprecision, ambiguity of the content of certain legal norms.

To ensure the realisation of constitutional norms and principles the Constitutional Court has adopted a number of decisions aimed at elimination the gaps in legislation.

According to the results of the review of constitutionality of economic laws, the Constitutional Court stated that the laws under review have developed the rules and principles of the Constitution granting equal rights to exercise economic and other activities; guarantees of equal protection and conditions for the development of all forms of ownership; equal opportunities for free use of abilities and property for entrepreneurial and other economic activities. According to the Constitutional Court, in the Republic of Belarus the conditions and mechanisms for the formation of constitutional economics as an essential component of building a social state are created on the basis of constitutional provisions.

The constitutional legality is affected by both the quality of legislation, legality and justice of law-enforcement, and overall constitutional culture in the society and the state. Legal conscience, based on the Constitution, reflecting the views and ideas about constitutional values, facilitates to balance the interests of an individual, society and the state.

The Constitutional Court considers that the rights and freedoms of man and the citizen as the supreme value shall determine the content of laws and other normative legal acts, they shall be supported by an effective mechanism of their exercise. The state, taking all measures at its disposal to create domestic and international order necessary for the exercise and protection of the constitutional rights and freedoms of citizens as well as the development of constitutional values, ensure the civic concord, inviolability of democratic foundations and constitutional order.