On 12 April 2011 on the basis of part eight of article 22 of the Code of the Republic of Belarus on Judicial System and Status of Judges the Constitutional Court of the Republic of Belarus took a decision “On the Legislative Acts of the Supreme Council of the Republic of Belarus” (a reporting judge – Olga G. Sergeeva).

In the decision of the Constitutional Court it is noted that in accordance with the Constitution of the Republic of Belarus of 1978, the Constitution of the Republic of Belarus of 1994 before the introduction of changes and additions adopted at the republican referenda of November 24, 1996 the Supreme Council of the Republic of Belarus as a legislative body in order to regulate the most important public relations adopted resolutions along with the laws. The resolutions of the Supreme Council, having normative nature, were binding upon all the state bodies, officials, organisations and citizens in the territory of the republic.

The Constitutional Court analysed relevant constitutional provisions, determining the status and competence of the Supreme Council, as well as the requirements of the current Constitution of the Republic of Belarus and the Law “On Normative Legal Acts of the Republic of Belarus” to acts of legislation. As a result, the Court concluded that the resolutions of the Supreme Council, having normative nature, shall be ranked as legislative acts.

The Constitutional Court found there was a gap in legislation as to ranking the resolutions of the Supreme Council in the system of normative legal acts of the Republic of Belarus and determining their legal force.

In this regard, the Constitutional Court proposed to the House of Representatives of the National Assembly of the Republic of Belarus to make relevant changes and additions to the Law of the Republic of Belarus “On Normative Legal Acts of the Republic of Belarus”.

In the Constitutional Court opinion the appropriate legal regulation will ensure adequate protection of the rights and freedoms of citizens, rights and legitimate interests of organisations, as well as the respect for the principle of legal certainty.