In his speech the Chairman of the Constitutional Court of the Republic of Belarus told of the contents of the Message to the President of the Republic of Belarus and the Houses of Parliament of the Republic of Belarus “On Constitutional Legality in the Republic of Belarus in 2011”, adopted by the Constitutional Court on January 18, 2012. Thereat he emphasised the following points.

It is not possible to establish a democratic social state based on the rule of law without the law, which not only secures the achieved level of social relations, but also serves as a vector of their civilised development.

Democracy and supremacy of law are both interdependent and interrelated constitutional values. Democracy, based on the Constitution, enables the implementation of such values as legality, equality, justice, human rights and freedoms. Further improvement of constitutional democracy implies its new forms and content that would meet the needs of the Belarusian society and state at this stage.

In a democratic state, based on the rule of law and separation of powers, the judiciary plays an important role. Through administering justice it is designed to protect constitutional values, primarily rights and freedoms of a man and a citizen guaranteed by the Constitution. The role of constitutional justice in protecting these values is determined by the general mission of the Constitutional Court to review the constitutionality of normative legal acts in the state according to Article 116 of the Constitution.

The activities of the Constitutional Court in 2011 was aimed at ensuring supremacy of the Constitution and its direct effect, protecting constitutional system and law and order, maintaining the balance of personal, public and state interests, establishing a democratic social state, based on the rule of law, where the individual, his rights, freedoms and guarantees to secure them are the supreme value and goal.

In 2011 in the exercise of obligatory preliminary constitutional review the Constitutional Court examined 109 laws, adopted by the House of Representatives and approved by the Council of the Republic – before they were signed by the President of the Republic of Belarus. Among them there were 59 laws on ratification of international treaties. All the reviewed laws were recognised to be conforming to the Constitution.

This shows that the law-creating process uses a systems approach and is provided with interaction of state bodies in legislative drafting of a certain quality. It also suggests that the legislator shows due respect to the Basic Law and implementation of its legal provisions.

In assessing the constitutionality of provisions of law in the exercise of obligatory preliminary review the Constitutional Court proceeds from the principles and rules of the Constitution, identified constitutional and legal meaning of the rules under review and takes into account the generally recognised principles and rules of international law. As a result, the Constitutional Court formulated about 30 legal positions in its decisions aimed to ensure legal certainty, legality, equality and justice with a view to avoid an unconstitutional law-enforcement.

The legal positions of the Constitutional Court seem to be a guide for rule-making bodies in adopting new legal rules. They help to eliminate conflicts that arise in legislation and law-enforcement, promote to shape coherent constitutional and legal space and ensure constitutional legality.

In accordance with 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, along with obligatory preliminary review of the constitutionality of laws, is vested with other powers in.

On the motion of the House of Representatives of the National Assembly the Constitutional Court stated its position on conformity of the Act of the Republic of Poland on the Pole’s Card to the generally recognised principles and rules of international law. The Constitutional Court concluded that some of the provisions of that act are in conflict with a number of generally recognised principles of international law, such as national sovereignty and non-interference in the internal affairs of another state.

Thereat the Constitutional Court paid attention of the House of Representatives to that it might, with a view to protect the interests of the Republic of Belarus, take into account the stated position of the Constitutional Court in improving the rules of certain laws.

On the basis of the Constitutional Court decision the Parliament made relevant changes and additions to the laws of the Republic of Belarus «On Civil Service in the Republic of Belarus» and «On Public Associations».

As to the exercise of any other powers of the Constitutional Court provided in the Decree by the President of the Republic of Belarus of June 26, 2008 No. 14, the Constitutional Court notes that in 2011 no relevant motions were filed by the authorised subjects to the Constitutional Court.

Failing the institute of individual constitutional complaint the legislation of the Republic of Belarus provides individuals and organisations with the right to access to constitutional justice through direct referral to the bodies and persons authorised to initiate the constitutional review of acts in the Constitutional Court. Such a right is granted to them in accordance with part three of article 22 of the Code of the Republic of Belarus on Judicial System and Status of Judges.

In 2011 the authorised bodies did not forwarded to the Constitutional Court any motions to review the constitutionality of normative legal acts a posteriori. At the same time last year they received 58 initiative applications of individuals and organisations in which they raised the question of the need to review some normative legal acts due to certain problems of legal regulation identified therein by the applicants.

Previously, the Constitutional Court had initiated changes and additions to national legislation in order to clear legal regulation on the procedure of indirect access to constitutional justice through authorised subjects.

At present, the development of the draft Law of the Republic of Belarus “On Constitutional Proceedings” is coming to its end. This law is also supposed to establish clear legal regulation on indirect access to constitutional justice through authorised subjects.

In its activities the Constitutional Court exercises the powers to identify the constitutional and legal gaps in legislation. Moreover, in some cases the Constitutional Court decides on the basis of individuals’ and organisations’ appeals.

In 2011 837 appeals of individuals and organisations were submitted to the Constitutional Court. They contained evidence of contradictions, gaps and conflicts in both legislation and law-enforcement.

In order to protect the rights and freedoms of citizens the Constitutional Court took decisions aimed to fill the constitutional and legal gaps in the field of labour, social, criminal and administrative legislation and legislation on normative legal acts.

For example, the decision of the Constitutional Court of October 4, 2011 was taken on the basis of an individual appeal. Therein the Court found it necessary to legislate a right to social parental leave to care for the child up to three years old, granted to a working father, other relatives of the child, actually caring for him, if the child’s mother is a self-employed entrepreneur.

The decision of the Constitutional Court of October 21, 2011 was also taken on the basis of an individual appeal. Therein the Court recognised the need to introduce changes and additions to the Procedural Executive Code on Administrative Offences of the Republic of Belarus as to define the concept of procedural expenses and court costs, their components and recovery procedure in the administrative process.

In general, national legislation allows to solve problems facing the state and secure constitutionally guaranteed rights and freedoms of individuals, rights and legitimate interests of organisations.

The Constitutional Court notes essentially positive results of the activities of state bodies and officials in implementing the legal positions set out in the Constitutional Court decisions. In total, more than 10decisions have been executed.

Thus, based on the decision of May 27, 2010, changes were made to the Civil Procedure Code of the Republic of Belarus regulating the procedure of judicial appeal against applied sanctions by the convicted to confinement.

The decision of March 4, 2010 resulted in changes, made to the Tax Code of the Republic of Belarus, providing for the appeal against decisions of higher tax authorities, taken on applications related to the issues of taxation.

A number of legal positions, set out by the Constitutional Court in the exercise of obligatory preliminary review of the constitutionality of laws, have been also taken into account by the Parliament.

In assessing constitutional legality in 2011 the Constitutional Court considers that supremacy of the Constitution was generally upheld in the law-creating process and law-enforcement and a mechanism to better secure the rights and freedoms of citizens has been created and implemented.

At the same time the Constitutional Court points out that the constitutional principle of supremacy of law in rule-making and law-enforcement serves as a prime factor in ensuring the supremacy of the Constitution, strengthening constitutional legality and developing constitutional democracy. The supremacy of law as an essential characteristic of the state, based on the rule of law, includes necessary elements that are not only formal but also have material value. These elements are legality, legal certainty, prohibition of arbitrariness, access to justice in independent and impartial courts, respect for human rights, everyone’s equality before the law.

The Constitutional Court considers that unconditional adherence to the constitutional principle of supremacy of law in rule-making and law-enforcement would allow the legislator to provide a stable, clear and up-to-date legislation and would enable law-enforcement authorities to ensure the effective protection of the rights, freedoms and legitimate interests of individuals and rights and legitimate interests of organisations.

The Message states that the principle of supremacy of law by virtue of its universality is also fundamental to international relations. In this regard, acts of interstate formations as well as law-enforcement should be based on supremacy of law. In integration unions it should be upheld through creation of supranational law, aimed at a maximum to harmonise and balance national interests, universalise legal standards, particularly in the field of human rights.

Within its powers, the Constitutional Court has made a legal assessment of the constitutionality of laws and other normative legal acts of the Republic of Belarus, based on the principle of supremacy of law in light of all the elements thereof. Thereat it was pointed out that unconditional adherence to the principle of supremacy of law in rule-making and law-enforcement creates conditions necessary for the establishment of a democratic social state, based on the rule of law. A dignified personal development, exercise of the rights and freedoms of a man and a citizen as well as guarantees to secure them are only possible in such a state.

In the second part of the press conference the Chairman of the Constitutional Court answered journalists' questions.