The Constitutional Court of the Republic of Belarus comprising the Presiding Officer – Chairman of the Constitutional Court of the Republic of Belarus P.P.Miklashevich, Deputy Chairwoman O.G.Sergeeva, judges T.S.Boiko, T.V.Voronovich, S.Y.Danilyuk, L.G.Kozyreva, A.V.Maryskin, V.V.Podgrusha, L.M.Riabtsev, A.G.Tikovenko, S.P.Chigrinov

on the basis of part one of Article 116 of the Constitution of the Republic of Belarus, subpoint 1.1 of point 1 and point 3 of 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”

in open court session in the exercise of obligatory preliminary review considered the constitutionality of the Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On International Treaties of the Republic of Belarus”.

Having heard the reporting judge S.P.Chigrinov, having analysed the provisions of the Constitution of the Republic of Belarus (hereinafter – the Constitution), the Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On International Treaties of the Republic of Belarus” and other legislative acts of the Republic of Belarus, the Constitutional Court of the Republic of Belarus found the following:

The Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On International Treaties of the Republic of Belarus” (hereinafter – the Law) was adopted by the House of Representatives of the National Assembly of the Republic of Belarus on June 19, 2013, approved by the Council of the Republic of the National Assembly of the Republic of Belarus on June 28, 2013 and submitted for signing by the President of the Republic of Belarus.

The Law was adopted to improve the legal mechanism of conclusion, entry into force, official publication, implementation, suspension and termination of international treaties of the Republic of Belarus.

While reviewing the constitutionality of the Law the Constitutional Court proceeds from the following.

1. According to part one of Article 7 of the Constitution the principle of supremacy of law is established in the Republic of Belarus. In the Message of the Constitutional Court “On Constitutional Legality in the Republic of Belarus in 2011” it is noted that supremacy of law includes a range of elements, including legal certainty. Implementing of the principle of legal certainty in rule-making creates conditions for consistency and predictability of law-enforcement practice and increases the confidence of citizens to the State.

Alterations and addenda are made by point 1 of Article 1 of the Law to the Law of the Republic of Belarus “On International Treaties of the Republic of Belarus” (hereinafter – the Law on International Treaties) which clarify the terms of the Law. In particular, in connection with addition of the list of subjects who have the right to conclude international treaties, the content of such terms as “international treaty of the Republic of Belarus”, “bilateral international treaty”, “multilateral international treaty”, “depositary”, “contracting party”, etc. is clarified.

The Constitutional Court considers that these alterations and addenda of the Law define the legal nature and the place in the legal system of the Republic of Belarus of treaties between the Republic of Belarus and the subjects of international law that are not states or international organisations but have appropriate powers to enter into international relations. Such an approach of the legislator agrees with the constitutional principle of supremacy of law and the flowing from it principle of legal certainty.

2. Article 22 of the Law on International Treaties is given new wording by point 11 of Article 1 of the Law. According to Article 22 an international interdepartmental treaty that has not entered into force since the day of signing or another day provided by the mentioned international treaty is to be approved, unless another mean of expressing consent of the Republic of Belarus to be bound by an international interdepartmental treaty is prescribed by this international treaty (part one).

Therefore, the requirements of approval of an international interdepartmental treaty are specified by this legal regulation. Proceeding from the fact that expressing consent of a state to be bound by an international treaty is the most important stage of an international treaty conclusion which determines its entry into force, the Constitutional Court considers that specification of requirements of approval of international interdepartmental treaties is consistent with the principle of legal certainty and aimed at generation of uniformed practice of adoption of acts on expression of consent of the Republic of Belarus to be bound by international interdepartmental treaties.

3. The Law on International Treaties is supplemented with provisions that motions on ratification of international treaties, on approval (adoption) as well as on provisional application of interstate or intergovernmental treaties ought to contain (amongst other documents) an opinion of the Ministry of Foreign Affairs of the Republic of Belarus on conformity of that international treaty to the international obligations of the Republic of Belarus (points 9, 10 and 15 of Article 1 of the Law).

According to the Constitutional Court the mentioned addenda to the Law on International Treaties are aimed at monitoring of implementation of international obligations of the Republic of Belarus and implementation of part one of Article 8 of the Constitution. According to this part the Republic of Belarus shall recognise the supremacy of the generally recognised principles of international law and shall ensure the compliance of legislation therewith. In addition they are consistent with international principle рacta sunt servanda enshrined in Article 26 of the Vienna Convention on the Law of Treaties of May 23, 1969 according to which every treaty in force is binding upon the parties to it and must be performed by them in good faith.

4. The procedure of entry into force in the Republic of Belarus and official publication of an amendment of an international treaty as well as cases when expression of consent of the Republic of Belarus to be bound by amendments to international treaties is required are specified by point 17 of Article 1 of the Law.

The Constitutional Court notes that the established by the legislator procedure of entry into force of amendments to international treaties complies with the constitutional principle of supremacy of law and the principle of legal certainty flowing from it. It aims at improvement of conventional practice of the Republic of Belarus in respect of foreign states and other subjects of international law.

The Constitutional Court also considers that fixation by the Law of the procedure of publication of amendments to international treaties provides for the constitutional citizen’s right to receive, store and disseminate complete, reliable and timely information on international life (part one of Article 34 of the Constitution). Such an approach of the legislator aims at informing of general public that amendment to an international treaty is adopted and to be implemented as well as at establishing uniform law-enforcement practice and strengthening of safeguard guarantees of constitutional rights and freedoms.

5. Obligation of a state body of the Republic of Belarus, department of a state body to inform timely the Ministry of Foreign Affairs of the Republic of Belarus in case of choice of a concrete person (a group) entitled to commit appropriate legal actions on conclusion of interstate or intergovernmental treaties is enshrined in point 4 of Article 1 of the Law.

The Constitutional Court notes that the word “timely” supposes subjective assessment by a law enforcer of this period and may lead to different approaches that put obstacles to uniform practice of conclusion of interstate and intergovernmental treaties.

6. The Constitutional Court draws attention on the legal uncertainty expressed in the absence in the Law on International Treaties of special provisions on official publication of international treaties provisionally applied by the Republic of Belarus. At the same time such international treaties may contain provisions directly affecting the rights, freedoms and obligations of citizens of the Republic of Belarus.

According to part eight of Article 32 of the Law on International Treaties an international treaty or its part that is provisionally applied by the Republic of Belarus before it enters into force is to be implemented in the same procedure as international treaties of the Republic of Belarus that entered into force.

According to the Constitutional Court, the analysis of this provision indicates that provisionally applied by the Republic of Belarus international treaties are a part of its legal system. In this regard the Constitutional Court draws attention of the legislator on the necessity of establishment of the procedure of official publication of provisionally applied by the Republic of Belarus international treaties.

The Law is adopted by the House of Representatives of the National Assembly of the Republic of Belarus within competence in accordance with point 2 of part one of Article 97 of the Constitution, approved by the Council of the Republic of the National Assembly of the Republic of Belarus in accordance with point 1 of part one of Article 98 of the Constitution.

In view of the foregoing the Constitutional Court concludes that the Law is in conformity with the Constitution as to the content of its rules, form of the act and procedure of its adoption.

Guided by parts one, seven of Article 116 of the Constitution of the Republic of Belarus, parts eight, thirteen, fourteen of Article 24 of the Code of the Republic of Belarus on Judicial System and Status of Judges, subpoint 1.1 of point 1 and point 3 of 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 of the Republic of Belarus

 RULED:

1. To recognise the Law of the Republic of Belarus “On Making Alterations and Addenda to the Law of the Republic of Belarus “On International Treaties” to be conforming to the Constitution of the Republic of Belarus.

2. The present decision shall come into force since the date of its adoption.

3. To publish the present decision in accordance with the legislation.

Presiding Officer – Petr P. Miklashevich,

Chairman of the Constitutional Court of the Republic of Belarus