Bulletin of the Constitutional Court
3/2011

Official materials and Decisions of the Constitutional Court of the Republic of Belarus

Decision of the Constitutional Court of the Republic of Belarus of July 7, 2011 No. D-616/2011 «On the conformity of the Law of the Republic of Belarus «On the Approval of the Report on the Execution of the Republican Budget in 2010» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of July 7, 2011No. D-617/2011 «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 July 7, 2011 No. D-618/2011 «On the conformity of the Law of the Republic of Belarus «On the Appeals of the Individuals and Legal Persons» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of July 7, 2011 No. D-619/2011 «On the conformity of the Law of the Republic of Belarus «On the Arbitration Courts» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of July 7, 2011 No. D-620/2011 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Some Codes of the Republic of Belarus on Improving the Legal Mechanism of Judicial Decisions Review» to the Constitution of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of September 27, 2011 No. D-626/2011 «On the legislative definition of the term «able-bodied person» as used in point «e» of part two of article 51 of the Law of the Republic of Belarus «On Pension Security»

Ensuring the Constitutional Right to Appeal to State Bodies

Petr P. Miklashevich. Access to Constitutional Justice in the Legal System of the Republic of Belarus

Comments on the Decisions of the Constitutional Court of the Republic of Belarus

Liliya G. Kozyreva. The Constitutional and Legal Bases of Arbitration in the Republic of Belarus

Scientific information

Olga G. Sergeeva. The Ombudsman and Protection of Human Rights

The author considers some issues related to the Ombudsman – one of the legal institutions that ensure and protect rights and freedoms of an individual and a citizen. The history of its creation, main features and advantages as well as the access to the Ombudsman and the procedure of his referral to the constitutional court are analysed on the basis of foreign experience. The author comes to the conclusion that the Ombudsman institution is an important step in the development of democratic processes aimed at strengthening human rights protection mechanisms in the state.

Valentina V. Podgrusha. Some Issues of Applying the Principle of the Rule of Law in Jurisprudence of the Constitutional Court of Belarus

Some issues of applying the rule of law principle in jurisprudence of the Constitutional Court of the Republic of Belarus are examined in the article. At that the author seeks to identify the importance of this principle in the formation of general principles of law, its correspondence to the principles of the state based on the rule of law, supremacy of the Constitution etc. The author analyses certain decisions of the Constitutional Court of the Republic of Belarus and the Constitutional Court of the Russian Federation which are based on the rule of law, clarification of its content. She also emphasises the approaches to the definition of the rule of law concept developed in international practice, particularly in the framework of the Council of Europe. The need to explore the theoretical and practical issues related to constitutional principles and their role in the formation of constitutional policy is also pointed out.

Inna V. Malkina. The Сitizens’ Constitutional Right to a Decent Standard of Living as a Basis of Legal Regulation of Food Security

The author of the article proposes to consider the constitutional right to a decent standard of living as a social goal. The economic mechanism to secure this goal is expressed as a function of the state to ensure food security. An overview of legislation governing the said function is presented. The major gaps in legal regulation of food security are identified. Finally the author concludes that the state’s duty to secure the citizens’ decent standard of living (adequate food) and the need to ensure food security in the country in general are interdependent.

Tatyana S. Maslovskaya. The Types of Preliminary Constitutional Review in European Heritage

The author studies the European experience of preliminary constitutional review. Two types of preliminary constitutional review are distinguished (parliamentary and extraparliamentary) and their particularities are under examination. The author analyses some problems of the exercise of preliminary review, including the time-limits of an appeal to a specialised constitutional review body and legal effects of adopted decisions. She also puts forth proposals to improve the legislation of the Republic of Belarus in the context of foreign experience.

Foreign Experience of Constitutional Justice

Study on Individual Access to Constitutional Justice: adopted by the European Commission for Democracy through Law (Venice Commission) at its 85th plenary session (Venice, 17–18 december 2010) (Extracts)

International relations of the Constitutional Court of the Republic of Belarus

On the Participation of the Chairman of the Constitutional Court of the Republic of Belarus Petr P. Miklashevich in the International Conference «Protection of Human Rights by Bodies of Constitutional Justice: Possibilities and Problems of Individuals Access» (Kiev (Ukraine), 16 September 2011)