The Constitutional Court of the Republic of Belarus comprising the Presiding Officer – Chairman P.P. Miklashevich, judges T.S. Boiko, T.V. Voronovich, S.Y. Danilyuk, L.G. Kozyreva, A.V. Maryskin, V.V. Podgrusha, L.M. Ryabtsev, A.G. Tikovenko, S.P. Chigrinov in court session considered the issue on constitutional legality in the Republic of Belarus in 2013. Guided by Articles 22 and 24 of the Code of the Republic of Belarus on Judicial System and Status of Judges the Constitutional Court of the Republic of Belarus

RULED:

1. To adopt the Message of the Constitutional Court of the Republic of Belarus to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus “On Constitutional Legality in the Republic of Belarus in 2013” (enclosed).

2. To publish the Message of the Constitutional Court of the Republic of Belarus to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus “On Constitutional Legality in the Republic of Belarus in 2013” at the National Legal Internet Portal of the Republic of Belarus, in the National Register of Legal Acts of the Republic of Belarus, the newspapers "Zviazda" and "Narodnaya Gazeta" and in the Bulletin of the Constitutional Court of the Republic of Belarus.

Presiding Officer – P.P. Miklashevich,

Chairman of the Constitutional Court of the Republic of Belarus

President Republic of Belarus

House of Representatives National Assembly Republic of Belarus

Council of the Republic National Assembly Republic of Belarus

MESSAGE

OF CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

ON CONSTITUTIONAL LEGALITY

IN THE REPUBLIC OF BELARUS IN 2013

The Constitution of the Republic of Belarus, being in effect a social contract establishing the model of the contemporary Belarusian society and state, contains fundamental provisions that regulate the system of political, economical and social relations and acts as a legal basis for the strategy of development of sovereign Belarus.

Twenty years of operation of the Constitution confirm the commitment of the people of Belarus to universal values, its intention to implement human rights and freedoms, to ensure the civic accord, inviolable principles of sovereignty and state based on the rule of law, to form intentionally and sequentially the democratic social state for the people based on the equality, justice and humanism.

The sovereign Belarusian statehood, national legal system, activity of law-making and law-enforcement bodies rely on the supremacy of the Constitution enshrining fundamental principles and provisions for legal regulation of the most important social relations and having the highest legal force. The state, all its bodies and officials shall act within the scope of the Constitution and legislative acts adopted in accordance therewith.

The Constitution − the Basic Law of the State − is a life-giving basis for national law: its principles and provisions carry the organising source, ensure the unity, correlation, balance and harmonious development of all elements of legal system. In this regard the direct effect of Constitution conditions the integration of the constitutional model of organisation of social relations into the social practice both directly and by means of elaboration of legal mechanisms at the legislative level for the full realisation of rights and freedoms enshrined in the Constitution by individuals as well as it conditions direct application of constitutional provisions by all law-enforcement bodies and courts through their individualisation taking into account life circumstances requiring the settlement with regard to the specific party of the legal relationship.

The supremacy and direct effect of Constitution predetermine legal mechanisms guaranteeing the implementation of constitutional provisions.

The President of the Republic of Belarus is a guarantor of the Constitution, human rights and freedoms. The Head of the State personifies the unity of the people, ensures the continuity and cooperation of state bodies on the basis of the constitutional principle of separation of powers, political and economical stability, civil accord, protection of the sovereignty of the Republic of Belarus, its national security, territorial integrity, guarantees the realisation of main guidelines of internal and external state policy.

Ensuring the supremacy of the Constitution and its direct effect on the territory of the Republic of Belarus is entrusted to the Constitutional Court exercising the judicial review of constitutionality of all normative acts in the state. In its decisions and legal positions the Constitutional Court proceeding from the rule of law through revealing the constitutional legal meaning of provisions of laws and other normative legal acts ensures the supremacy of the Constitution in law-making and law-enforcement, contributes to the elaboration of legal mechanisms for development and protection of constitutional values as well as for achievement of significant constitutional aims, directs the legislator and law-enforcement bodies at strict observance of constitutional provisions and their real guaranteeing.

I

Ensuring the supremacy of the Constitution, the constitutional values in the rule-making and law-enforcement contributes to the constitutionalisation of social relations, establishment of the regime of constitutional legality according to which the state, all state bodies and officials as well as individuals act on the basis and in accordance with the Constitution, whereas the law as the most important social regulator ensures achievement of goals and objectives defined by the Basic Law of the State. As a consequence, the review of the constitutionality of legal rules of reviewed acts is exercised with account taken of their influence on the development of social relations on the basis of constitutional values, principles and rules.

In exercising its constitutional powers of legislative regulation of the most important public relations the National Assembly of the Republic of Belarus creates the legislative basis for the development of practically all fields of activity of the society and state. The parliament of the state is called to ensure the elaboration of effective mechanisms for protection of constitutional values and achievement of constitutionally significant goals at the legislative level by setting priorities and guaranteeing their further development.

The exercise of obligatory preliminary review of the constitutionality of laws passed by Parliament before their signing by the President of the Republic of Belarus is aimed at the implementation of the rule of law and strengthening of constitutional legality in law-making and law-enforcement.

Over the last five years of the exercise of obligatory preliminary review the Constitutional Court has made 668 decisions. In 2013 the constitutionality of 111 laws was reviewed.

The Constitutional Court notes a positive impact of preliminary review of the constitutionality of laws on improvement of the constitutionalisation of law-making, because decisions and legal positions determine the fixation and development of the constitutional values and principles in provisions of reviewed laws, reveal the constitutional and legal meaning of certain legal provisions with the purpose of their clear understanding and uniform application as well as establish the admissibility and proportionality of restrictions of the rights and legitimate interests of individuals on the basis of the balance of constitutional values.

1. In the decisions taken in the issue of review of the constitutionality of laws the Constitutional Court formulated legal positions of the positive content that ascertained the fixation in laws of mechanisms for implementation of constitutional principles and rules and ensuring guarantees of rights and freedoms of individuals, thus, directing the legislator at the constitutionalisation of law-making.

1.1. Thus, legal positions of the Constitutional Court formulated in its Decision of July 5, 2013, made by results of review of the constitutionality of the Law «On Investments» are focused at the constitutionalisation of economic relations, orientation of legislative regulation to the formation of constitutional economy.

When reviewing Article 4 of the mentioned Law establishing ways of investing the Constitutional Court made the conclusion that the definition of these methods conforms with the provisions of Article 13 of the Constitution that prescribe that the State shall grant equal rights to all to conduct economic and other activities, except for those prohibited by law, and guarantee equal protection and equal conditions for development of all forms of ownership; shall guarantee to all equal opportunities for free utilisation of abilities and property for entrepreneurial and other types of economic activities which are not prohibited by law; shall regulate economic activities in the interests of the individual and society.

Enshrining in Articles 11 and 12 of the above mentioned Law of rules guaranteeing the rights of investors and protection of investments, according to the Constitutional Court, indicates that the legislator has established legal regulation of these social relations with regard for the provisions of Article 44 of the Constitution prescribing that the State shall guarantee everyone the right of property; inviolability of property shall be safeguarded by law; property acquired in accordance with the law shall be protected by the State; compulsory alienation of property shall be permitted only by reason of public need, under the conditions and the procedure specified by law, with timely and full compensation for the value of the alienated property.

1.2. While reviewing the constitutionality of the Law «On Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Entrepreneurial Activity and Taxation» the Constitutional Court in its Decision of December 27, 2013 confirmed legal positions stated in a number of earlier decisions. The essence thereof is the recognition of tax payments as the main source of budget revenues and the most important guarantee of the protection of national interests in the financial field. Only having sufficient monetary funds in the budget the state is capable to carry out its tasks and exercise its functions. The constitutional right to property and the constitutional duty of individuals to participate in financing of public expenses are interrelated and interdependent. Taxation limiting the right to property follows from state powers to regulate economic activities in the interests of the individual and society, including those related to the establishment of taxes, and responsibilities of the individual before the state for strict execution of the duties assigned to him by the Constitution. Tax rate shall be fair and reasonable and shall ensure the optimum combination (balance) of state, public and private interests.

1.3. In the analysis of Article 26 of the Law «On State Regulation of Trade and Public Catering in the Republic of Belarus» (Decision of December 30, 2013) the Constitutional Court established orientation of its provisions on the protection of fair competition in the field of trade and catering. Thus, paragraph 2 of this article provides requirements for the subjects of trade and catering, suppliers of food products, as well as for state bodies and other organisations. In particular, for the subjects of trade organising trade networks or large retail networks, subjects of catering organising public catering networks, suppliers of food products for trade networks or large retail networks it is forbidden to: create discriminatory conditions including barriers to access the goods market or to withdraw from it for other subjects of trade, public catering and suppliers of food products; force the other party to conclude a contract with conditions prohibiting the conclusion of agreements providing for the delivery of food products with other legal entities, individual entrepreneurs exercising similar activities, etc.

The Constitutional Court considers that these rules of the mentioned Law based on the provisions of the Constitution on equal opportunities for free utilisation of abilities and property for entrepreneurial and other types of economic activity, which are not prohibited by law, are aimed at counteracting monopolistic activity and unfair competition, creation of conditions for the effective functioning of goods markets, prevention and suppression of monopolistic activity and unfair competition as well as at resistance to the prevention, restriction or elimination of competition from the part of state bodies and other bodies and organisations. Legal regulation established by the mentioned Law meets the goals of development of favorable competitive environment, protection of the rights and legitimate interests of customers.

1.4. When reviewing the constitutionality of alterations and addenda made to the laws «On Public Associations» and «On Political Parties» the Constitutional Court came to the conclusion that they are aimed at extension of participation of individuals in public associations that indicates the development of democracy as well as concretization of the legal mechanism for creation of public associations, unions of public associations and political parties. The legal mechanism relates to the community of the statutory purposes, what meets the interests of individuals being members of public associations, political parties and their unions (Decision of October 24, 2013).

In this decision the Constitutional Court also noted that the legislator exercising constitutional powers to adopt laws including in the field of fundamental concepts and principles of exercise of individeal rights, freedoms and duties (Article 97.1.2 and Article 98.1.1 of the Constitution), is entitled and obliged to determine the conditions and the procedure for establishment and state registration of public associations and political parties without violating a right of everyone to freedom of association. Possible restrictions of personal rights shall not distort the essence of the constitutional rights and freedoms, lead to loss of their actual content and shall be permitted only in the instances specified by law as well as be adequate to the public and state interests under protection and rights and freedoms of other persons (Article 23 of the Constitution). For this reason the procedure for establishment and registration of public associations and political parties provided by the legislator shall not create unreasonable and insurmountable obstacles for individuals to exercise their constitutional right to freedom of association.

1.5. In the Decision of November 18, 2013 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Holding Elections and Referenda» to the Constitution of the Republic of Belarus» the Constitutional Court pointed out that Article 60 of the Electoral Code enshrines the rule according to which an individual can be put forward as a candidate to the House of Representatives only in one electoral district, and as a candidate to local Council of deputies – in one electoral district for election of the local Council of deputies of the corresponding territorial level (Article 3.34 of the said Law). The Constitutional Court found that this legal approach corresponds to Article 66.2 of the Constitution providing that candidates to state offices shall take part in elections on the equal basis and does not contradict Article 38 of the Constitution granting to the citizens of the Republic of Belarus the right to be elected to state bodies on the basis of universal, equal, direct or indirect suffrage by secret ballot, as well as the principle of equality while holding of election enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Filing candidacy only in one district will strengthen relations between voters of this district and candidates and will contribute to elimination of participation of individuals who do not meet in full expectations of voters in the process of nomination of parliamentary candidates.

1.6. In reviewing the constitutionality of provisions of the Law “On Labour Protection” (in the new version) on priority of protection of life and health of workers in Decision of July 5, 2013 the Constitutional Court proceeded from constitutional rule guaranteeing a right to health protection. The Constitutional Court emphasised that health is an inalienable wealth without which importance of many other values is derogated or lost. It is a value predetermining character of duties of the state that recognises its responsibility for protection and strengthening of health of people and, consequently, for legal regulation of relations related to realisation of mentioned constitutional right by individuals.

In this Decision the Constitutional Court not only noted the fixation of the principle of equality of all before the law enshrined in Article 22 of the Constitution, but also underscored that Article 32 of the Constitution provides for equal rights of women with men in their opportunities to receive vocational training, promotion in labour as well as for creation of conditions for labour safety and health protection. The Constitutional Court held that the principle of legal equality can not and shall not be realised without taking into account the universally recognised social role of the woman in a continuation of the family. It obliges the state to establish additional guarantees for women’s health protection (including in the field of labour protection) aimed at protection of reproductive health of women from influence of harmful and (or) dangerous production factors.

1.7. The Law «On Making Addenda and Alterations to the Law of the Republic of Belarus «On Military Duty and Military Service» specifies categories of individuals exempted from military service, reserve service or individuals not liable to call to military service, reserve service. In particular, Article 31 of the Law «On Military Duty and Military Service» is supplemented with a provision according to which individuals having three and more children are excused from military service, reserve service.

The Constitutional Court noted that defense of the Republic of Belarus shall be the responsibility and sacred duty of the citizen of the Republic of Belarus (Article 57.1 of the Constitution). At the same time the State shall assume responsibility before the citizen to create the conditions for free and dignified development of his personality (Article 2.2 of the Constitution). The family as a natural and basic cell of the society is considered among the most important social values. The Constitution guarantees that marriage, family, motherhood, fatherhood, and childhood shall be under the protection of the State; parents or persons acting as parents have the right and are obliged to bring up their children and to take care of their health, development and education (Article 32.1, 32.3 of the Constitution).

The legislator exempting individuals having of three and more children from military service, reserve service implements the constitutional provisions on the state support and protection of the family, protection of the rights and legitimate interests of children, ensuring favorable conditions for their development, education and making up. According to the Constitutional Court such approach fully conforms to social character of the Belarusian state proclaimed in Article 1.1 of the Constitution.

2. The Constitutional Court considers that the strict observance of the principle of the rule of law, guaranteed ensuring human rights and freedoms, creation and implementation of legal mechanisms which effectively contribute to strengthening of the constitutional legality are the main factors of the establishment of the constitutional legality in law-making and law-enforcement. The proportional restrictions of human rights and freedoms are permitted in case they are necessary in the interests of protection of the constitutional values and observance of balance of the rights and duties, mutual responsibility of individuals and the state. In its decisions the Constitutional Court has repeatedly emphasised that the Constitution provides possibility not for diminishment or negation of the rights and freedoms, but for their restriction, i.e. the determination at the legislative level of permissible limits of fulfillment of the rights and freedoms in the interests of national security, public order, protection of the morals, health of the population as well as rights and freedoms of other persons. At the same time restrictions shall not be established arbitrarily but taking into account such basic principles as equality, justice, humanism, and rationality.

2.1. Thus, when reviewing the Law «On Physical Training and Sports» the Constitutional Court paid attention to Article 36.2.2 according to which for the purpose of protection of the public order and securing of public safety during mass sporting events officials of internal affairs bodies performing duties on protection of the public order have the right to carry out the personal inspection of individuals and the inspection of their belongings by technical and special means.

In this connection the Constitutional Court confirmed the legal position stated in the Decision of October 28, 2011 that restrictive measures established according to the Law «On Mass Events in the Republic of Belarus» are in conformity with Article 23.1 of the Constitution which permits restrictions of personal rights and freedoms only in the instances specified by law, in the interests of national security, public order, protection of the morals and health of the population as well as rights and freedoms of other persons. These measures do not deform the essence of the constitutional rights and freedoms, do not lead to loss of their real content; they are applied only in the instances specified by law, are proportional to the protected public and state interests, the human rights and freedoms.

The Constitutional Court noted that provisions of international instruments also do not exclude restriction of human rights and freedoms. Thus, according to Article 29.2 of the Universal Declaration of Human Rights in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

The Constitutional Court recognised that restrictions of the human rights and freedoms provided by the Law «On Physical Training and Sports» are considered as a legal remedy of public order and national security, health of the population as well as rights and freedoms of other persons.

2.2. Article 1 of the Law «On Making Addenda and Alterations to Educational Code of the Republic of Belarus» sets out selection of individuals capable to achieve high sport results in secondary schools – schools of the Olympic reserve or in the sports classes − as one of conditions for enrollment. Additionally, it provides for expelling of pupils from secondary schools – schools of the Olympic reserve or from the sports classes in Suvorov Military School − by reason of non-compliance with the school plan, infringements of the sport regime or deterioration of the health interfering continuation of training of the selected kind of sports. After having analysed these provisions the Constitutional Court came to conclusion that the legal regulation established by the said Law does not restrict the constitutional right of individuals to education as a whole because they have the right to study in other institutions of general secondary education. It does not contradict the constitutional principle of equality of all before the law as the balance between rights and freedoms of these individuals and public interests of society and the state is respected.

3. A number of legal positions formulated by the Constitutional Court concerns clarification of constitutional legal meaning of certain rules of laws.

3.1. According to the Constitutional Court the constitutional legal meaning of provisions of the Law «On Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Holding Elections and Referenda» (on prohibition of election campaigning insulting and slandering officials of the Republic of Belarus, presidential candidates, parliamentary candidates; on granting the right to the Central Commission or the territorial, district election commission to cancel the decision on registration of the candidate in case of violation of the said requirement) consists in the following. Election commissions can realise the right to cancel the decision on registration of the candidate on the mentioned basis if the fact of insult or defamation during election campaigning is confirmed by a court decision on administrative offence or a court sentence which have entered into force. Such an approach of the law-enforcement bodies is lawful as it is based, inter alia, on Article 26 of the Constitution according to which no one may be found guilty of crime unless his guilt is proven under the procedure specified by law and established by a court sentence that has come into legal force. It also conforms to the constitutional principles of equality and justice that are indispensible conditions for realisation and protection of human rights and freedoms (Decision of November 18, 2013).

3.2. Article 22 of the Law «On Precious Metals and Precious Stones» provides that individuals guilty of non-execution or inappropriate execution of this Law and other legislative acts of the Republic of Belarus in the field of precious metals and precious stones shall be liable according to the legislation of the Republic of Belarus. The Constitutional Court considers that taking into account Article 23 of the Constitution the responsibility for offenses in this field shall be established at the legislative level; in this connection the term «legislation» for purposes of application of Article 22 of the said Law shall be understood in narrow sense as legislative acts (Decision of December 4, 2013).

3.3. The Law «On Legal Status of Foreign Citizens and Stateless Persons in Republic of Belarus» (hereinafter – the Law on Foreigners) is supplemented with Article 171 «Guarantees of Non-Expulsion of Foreigners» according to which foreigners can not be returned or expelled against their will to the foreign state where their life or freedom are threatened by danger because of their race, religion, citizenship, nationality, belonging to a certain social group or political convictions or where they are threatened by torture (paragraph 1). At the same time Article 17.2 establishes that provisions of Article 171 do not cover foreigners who create threat for the national security of the Republic of Belarus or committed grave or gravest crime according to the Criminal Code of the Republic of Belarus (hereinafter – the CC) in the territory of Republic of Belarus.

The Constitutional Court noted that the provision of the Article 171.1 of the Law on Foreigners is aimed at implementation of Article 3.1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984 according to which it is not allowed to expel, return or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. At the same time the Constitutional Court drew attention of law-enforcement bodies that observance of this conventional rule should be ensured in implementing Article 171.2 of the Law on Foreigners (Decision of December 26, 2013).

The purpose of the formulated legal positions addressed to law-enforcement bodies is to provide unambiguous understanding and uniform application of rules of reviewed laws that will prevent violations of the rights and legitimate interests of individuals and organisations in law-enforcement.

4. In certain legal positions the Constitutional Court revealed legal gaps and collisions, legal uncertainty which do not conform to the supremacy of the Constitution and may lead to violation of the constitutional legality in practice.

4.1. Thus, the Constitutional Court found a certain inconsistency of alterations to the Code of Economic Procedure of the Republic of Belarus (hereinafter – the EPC) with provisions of the Law «On Mediation». According to the alteration to Article 1 of the EPC the conciliatory procedure is defined as mediation which is carried out after initiation of proceedings in the Economic Court, and the agreement on reconciliation is defined as the mediation agreement concluded by the parties in the issue of the conciliatory procedure in the Economic Court. At the same time in the Law «On Mediation» it is established that mediation represent negotiations of the parties with participation of a mediator for settlement of a dispute (disputes) of the parties by elaboration of the mutually acceptable agreement; the parties choose a mediator by a mutual consent (Article 1.4, Article 12.1).

According to the EPC provisions the conciliator is a person for holding negotiation between the parties in conciliation procedure in the Economic Court appointed by the Economic Court according to the EPC (Article 1), but according to Article 1.3 of the Law «On Mediation» a mediator is an individual meeting the requirements of this Law, participating in negotiations of the parties as a disinterested person in order to contribute them to settle the dispute (disputes).

According to the Constitutional Court for uniform legal regulation of mediation the legislator shall make alterations to the EPC for harmonisation of provisions of the EPC with the mentioned provisions of the Law «On Mediation». These alterations shall provide for participation of the disinterested person (mediator) selected by the parties by their mutual consent in negotiations of the parties in order to contribute them to settle the dispute (disputes) (Decision of July 8, 2013).

4.2. When reviewing the constitutionality of provisions of the Law «On Making Alterations and Addenda to Certain Codes of the Republic of Belarus on the Issues of Strengthening of Sanctions for Driving a Vehicle in Drunken State» (Decision of July 5, 2013) the Constitutional Court paid attention to the provision of this Law according to which Article 61.6 of the Criminal Code is supplemented with a clause that the vehicle is subject to special confiscation without reference to the property right if it was driven by a person who committed the crime provided by Article 317¹ of the Code (excluding vehicles withdrawn from lawful possession of the owner (user) in spite of his will or as a result of illegal actions of other persons)

The Constitutional Court recognised that such legal regulation conforms with Article 44 of the Constitution according to which the exercise of the right of property shall not be contrary to social benefit and security or be harmful to the environment or historical and cultural treasures, or infringe upon the rights and legally protected interests of others (Article 44.6); сompulsory alienation of property shall be permitted in accordance with a court ruling (Article 44.5) as well as Article 23.1 of the Constitution prescribing that restriction of personal rights and freedoms shall be permitted only in the instances specified by law, in the interests of national security, public order, protection of the morals and health of the population as well as rights and freedoms of other persons.

At the same time the Constitutional Court drew attention of law-enforcement bodies to the need to ensure the protection of the rights of the owner of the vehicle. They should take appropriate measures in case of making the person entrusted to drive the vehicle responsible for administrative offense provided by Article 18.16 of the Code on Administrative Offenses of the Republic of Belarus. The court, bodies of administrative proceedings and their officials have to notify the owner of the vehicle, which became a crime instrument, of the possible special confiscation of the vehicle without reference to the property right in case of repeated commission (within a year after imposing of an administrative penalty) by the said person of the similar unlawful action.

The Constitutional Court also considers that the legislator shall take into account the mentioned legal position for further improvement of legal regulation of the public relations in this field. Application of other legislative approaches for protection of the constitutional right of property is allowed as well, in particular transmitting the information on making the person entrusted to drive the vehicle responsible for administrative offense to the owner of the vehicle.

4.3. The legal gap is revealed by the Constitutional Court in the Law «On Making Alterations and Addenda to the Code of Civil Procedure and Criminal Executive Code of the Republic of Belarus» (Decision of July 8, 2013). Article 28 of the Criminal Executive Code of the Republic of Belarus (hereinafter – the CEC) is supplemented with the paragraph two providing search for a fugitive convicted to community service who fled the residence and whose location is unknown as well as his arrest with a sanction of the prosecutor for a period of up to 30 days. The Constitutional Court drew attention of the legislator that the mentioned provisions of the CEC (on search for a fugitive convicted to community service who fled the residence and whose location is unknown) do not provide for places and procedure of detention of such persons that shall be taken into account for further improvement of the legislation.

4.4. In accordance with the above mentioned Law Article 61 and Article 113 of the CEC are supplemented with a provision that individuals convicted to confinement and deprivation of liberty shall have a right to appeal against the decision of an official on the imposition of a penalty within one year from the date of imposition of a penalty.

However, according to the Constitutional Court the legislator has not fully taken into account the principle of the rule of law and the requirements of a systematic and comprehensive legal regulation of social relations (Article 7 of the Law «On Normative Legal Acts of the Republic of Belarus»), that led to a legal collision because Article 3582.1 of the Code of Civil Procedure of the Republic of Belarus (hereinafter – the CPC) establishes that a complaint may be filed to the court within one month from the date when a person convicted to arrest, imprisonment, life imprisonment, a person held in custody, a person under administrative arrest became aware of the violation of his right; or after appeal against imposed penalty to a superior official from the date of receipt of refusal to satisfy the complaint; or after the expiration of one month after filling the complaint to a superior official.

The Constitutional Court came to conclusion on existence of collision between the mentioned provisions of the CPC and the CEC regulating procedural deadlines for appeal before the court of arrested persons and sentenced to imprisonment against decisions of correctional institution officials on the application of penalties. This collision shall be eliminated by the legislator when improving the legislation by making appropriate alterations to the CEC.

4.5. In the Decision of July 8, 2013 «On the Conformity 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» to the Constitution of the Republic of Belarus the Constitutional Court established the presence of legal uncertainty expressed in the absence in the Law «On International Treaties of the Republic of Belarus» of special provisions on official publication of international treaties temporarily applied by the Republic of Belarus. However, such international treaties may contain provisions directly affecting the rights, freedoms and duties of citizens of the Republic of Belarus.

According to Article 32.8 of the Law «On International Treaties of the Republic of Belarus» an international treaty or a part of an international treaty temporarily applied by the Republic of Belarus before its entry into force shall be enforceable in the same manner as international treaties of the Republic of Belarus entered into force.

According to the Constitutional Court the analysis of this provision leads to the conclusion that international treaties temporarily applied by the Republic of Belarus are an integral part of its legal system. In this regard the Constitutional Court drew attention to the need for the legislator to determine the procedure of the official publication of international treaties temporarily applied by the Republic of Belarus.

By results of exercise of the obligatory preliminary review of laws the Constitutional Court states orientation of efforts of the Parliament on the continuous improvement of the legislative regulation of social relations based on the principles and rules of the Constitution and generally recognised principles of international law.

The Constitutional Court notes that the fixation of the constitutional values in law-making, determinative influence of human rights and freedoms on the content of legal regulations are the principal criteria for evaluation of constitutionalisation of public relations in various fields of activity of the society and the state.

II

In accordance with Article 116 of the Constitution the most important function of the Constitutional Court is to review the constitutionality of normative legal acts on proposal of authorised bodies: the President of the Republic of Belarus, the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Supreme Court of the Republic of Belarus (since January 1, 2014, the Supreme Court and the Supreme Economic Court were merged into the Supreme Court of the Republic of Belarus). On the proposals of the mentioned bodies the Constitutional Court exercises review of the constitutionality of normative legal acts that came into force in the exercise of subsequent review of the constitutionality.

Unlike the initial period of formation and development of the institution of constitutional review in the state, when the said form of review was highly demanded, in the last years there were no proposals from the authorised bodies on review of the constitutionality of normative legal acts.

The current situation is determined by several factors, both objective and subjective. There is a trend of continuous improvement of the rule-making in course of which due attention is paid to review of the constitutionality of normative legal acts at the stage of drafting of normative legal acts, including juridical examination and legal research by law-making bodies. In order to achieve the necessary compromise in determination of the approaches to legal regulation of social relations between all participants of rule-making already at the stage of drafting a normative legal act the draft is submitted for discussion.

Detailed and careful work on drafting largely determines the fact that the authorised bodies participating actively in the rule-making do not find grounds to submit appropriate proposals to the Constitutional Court after adoption of normative legal acts.

At the same time the authorised bodies are entitled to submit proposal on review of normative legal acts to the Constitutional Court if the issue on their constitutionality arises at the stage of their application. The absence of proposals submitted to the Constitutional Court leads to the fact that normative legal acts, the issue of the constitutionality of which arises at the stage of their application are kept out of the constitutional review.

Review of the constitutionality of normative legal acts with regard for law-enforcement may also be ensured through the mechanism of indirect access to the constitutional justice in accordance with Article 22 of the Code of the Republic of Belarus on Judicial System and Status of Judges that enables individuals and organisations to address the authorised bodies with the initiative to submit an appropriate proposal to the Constitutional Court.

According to the information submitted to the Constitutional Court by the Administration of the President of the Republic of Belarus, the Houses of Parliament, the Council of Ministers of the Republic of Belarus in 2013 the authorised bodies received 88 initiative applications from individuals and organisations with issues on the necessity to review the constitutionality of certain provisions of codes, laws and subordinate acts. However, there were no proposals on the basis of initiative applications of individuals and organisations to the Constitutional Court.

Absence of the proposals from the authorised bodies is, to some extent, the result of insufficient legal regulation of indirect access to the constitutional justice. The Law «On the Constitutional Proceedings» adopted by the National Assembly in December 2013 does not fully regulate the mechanism of indirect access to the constitutional justice. The legislative regulation of the margin of appreciation of the authorized bodies with regard to initiative applications as well as of the sufficiency of the grounds to address the Constitutional Court with an appropriate proposal remains to be set out.

Another problem is the absence of due legal mechanism of initiation of the constitutional review of normative legal acts during legal proceedings in the general courts. The current mechanism for the implementation of Article 112 of the Constitution enshrined in Article 7.2 of the Code of Judicial System and Status of Judges does not settle in due manner the procedure of sending a prejudicial request by the court of general jurisdiction to the Constitutional Court on the constitutionality of the normative legal act to be applied in a particular case.

In the exercise of subsequent constitutional review of normative legal acts the Constitutional Court evaluates not only the content of the rules, but also the meaning attached to them by practice in their application. This conditions the adoption of appropriate legislative and organisational measures to ensure the real possibility to review the constitutionality of law-enforcement.

In view of the foregoing the Constitutional Court notes that the constitutionalisation of the legal system involves ensuring the supremacy of the Constitution not only in rule-making, but also in law-enforcement − a criterion of quality of normative legal acts and their effectiveness.

III

On the basis of Article 116.1 of the Constitution, which has entrusted the exercise of review of the constitutionality of normative legal acts in the state to the Constitutional Court, and Article 22.8 of the Code on Judicial System and Status of Judges the Constitutional Court shall be entitled to submit proposals on the need to make alterations and (or) addenda to legislative acts or to adopt new normative legal acts to the President of the Republic of Belarus, the Houses of the National Assembly, the Council of Ministers, other state bodies within their competence.

In 2013 the Constitutional Court exercised the said power on the basis of the analysis of legal problems, the resolution of which is important for ensuring the supremacy of the Constitution, the constitutional legality in rule-making and law-enforcement, for development and protection of constitutional values and achievement of the constitutionally significant goals.

Most of the decisions taken by the Constitutional Court were based on the analysis of information on the existence of legal gaps, collisions and legal uncertainty which were reported in the applications of individuals and organisations to the Constitutional Court on the basis of legislation on applications of individuals and legal entities and which required an appropriate response.

In total there were 827 applications in 2013, including – 571 in written form, 94 – in electronic form, 148 – in oral form.

More than 800 legal issues were raised in applications, including improvement of certain provisions of normative legal acts, making alterations and addenda to the normative legal acts, interpretation of normative legal acts, enforcement and interpretation of the decisions of the Constitutional Court.

In particular, there were raised issues on the need to eliminate collisions, legal gaps, legal uncertainty in the Codes of the Republic of Belarus (on Administrative Offences, on Education, Housing Code, Tax Code, etc.), in the Laws «On Pension Provision» and «On Assisted Reproductive Technologies», «On Freedom of Conscience and Religious Organisations», «On Mental Health Care», in some decrees and edicts of the President of the Republic of Belarus, in resolutions of the Council of Ministers, in the resolutions of the Plenum of the Supreme Court and the Supreme Economic Court, in acts of ministries and other state bodies of the Republic of Belarus.

1. Thus, on the basis of the application of an individual the Constitutional Court took the Decision of September 25, 2013 «On the Procedure of Exemption from Payment of a State Fee for Filing Complaints against Rulings on Administrative Offences».

According to the Constitutional Court’s opinion the impossibility of an individual to pay a state fee due to his property status should not impede the exercise of his constitutional right to judicial protection, including in administrative proceedings. Otherwise it would mean non-observance of the constitutional provisions guaranteeing to everyone state protection of the rights and freedoms, including right to judicial protection. One of the most important guarantees of realisation of this right is an establishment of the procedure of exemption of individuals from payment of a state fee for filing complaints against rulings on administrative offences in the legislation on administrative proceedings. Absence of legal provisions providing for the unique approach to legal regulation of social relations in the field of exemption from payment of a state fee in the procedural legislation does not contribute to the formation of uniform law-enforcement.

Aiming to ensure the constitutional principle of the rule of law, implementation of constitutional right to judicial protection and seeking to fill a legal gap in administrative proceedings the Constitutional Court considered it necessary to make addenda to the Code of Administrative Procedure and Administrative Executive Code of the Republic of Belarus establishing the procedure for exemption of individuals by a court (a judge) from payment of a state fee for filing a complaint to the court against rulings on administrative offences.

2. In view of applications of individuals the Constitutional Court took the Decision of October 16, 2013 «On Limitation of Capacity of an Individual due to a Mental Disorder».

According to the Constitutional Court the existing legal mechanism, which does not take into account the degree of actual reduction or restoration of the capacity of an individual to understand in some degree the meaning of his actions or direct these actions due to a mental disorder, represents a constitutional legal gap in legal regulation of public relations in the field of recognition of an individual as legally incapable person.

On the basis of interrelated provisions of Articles 1, 2, 21, 23, 53, 59 of the Constitution and international legal instruments in the field of protection of the rights of mental patients and aiming to ensure the constitutional principle of the rule of law, constitutional guarantees of the rights and legitimate interests of individuals and seeking to fill the legal gap in the civil legislation the Constitutional Court considered it necessary to make alterations and addenda to the Civil Code. These alterations and addenda shall provide for the possibility to restrict legal capacity of an individual due to a mental disorder (mental disease or dementia) depending on the degree of actual reduction of the capacity to understand the meaning of one’s actions or direct these actions. It is also necessary to establish the possibility to recognise an individual, who was earlier recognised as legally incapable due to a mental disorder (mental disease or dementia), to be of limited legal capacity in case if his capacity to understand in some degree the meaning of his actions or to direct these actions was restored. It is also necessary to fix in civil legislation the consequences of the recognition of persons suffering from mental disorders to be of limited legal capacity by court.

3. In the Decision of December 11, 2013 «On Legal Regulation of Settlement of Disputes Related to Investigation of Occupational Accidents» the Constitutional Court made a conclusion that the Government of the Republic of Belarus while exercising its powers to establish the procedure of investigation and registration of occupational accidents and occupational diseases, which were delegated to it by legislative acts, was not entitled to exercise the legal regulation of judicial proceedings including establishment of conditions for realisation of the constitutional right to judicial protection.

Moreover, the Constitutional Court paid attention to the fact that according to the Rules of investigation and registration of occupational accidents and occupational diseases approved by the Resolution No. 30 of the Council of Ministers on January 15, 2004 the right of the aggrieved and other concerned persons to judicial protection depends on investigation of an occupational accident by the state labour inspector and the opinion made by its results. Under these Rules if the state labour inspector does not establish his opinion, the right to judicial recourse is not provided, i.e. the constitutional right to judicial protection is not ensured to these persons.

In order to ensure the constitutional principle of the rule of law, the constitutional right of everyone to judicial protection and in order to eliminate legal uncertainty the Council of Ministers of the Republic of Belarus is proposed to harmonise the mentioned Rules with provisions of the Labour Code (hereinafter – the LC) of the Republic of Belarus and other legislative acts of the Republic of Belarus concerning legal regulation of settlement of disputes related to investigation of occupational accidents.

Activities of the Constitutional Court in filling legal gaps, collisions and legal uncertainty in normative legal acts is aimed at ensuring effective legal regulation of social relations on the basis of principles and rules of the Constitution and, therefore, requires efficient work of rule-making bodies to achieve harmony and consistency of legal regulations.

IV

The execution of the decisions of the Constitutional Court as the most important indicator of the constitutional legality in the state as a whole also shows orientation and willingness of state bodies and their officials to follow the requirements of the Constitution, to ensure the supremacy of the Constitution and its direct effect in the territory of the state contributing thereby to the efficient functioning of the state institutions and increase of confidence on the part of individuals.

When evaluating the execution of its decisions the Constitutional Court notes mostly positive results of activities of state bodies and their officials on the adoption of necessary measures indicated in the Court decisions.

First of all, a positive trend consists in that the legislator while exercising legislative functions takes into account of legal positions of the Constitutional Court formulated in its decisions by the results of review of the constitutionality of laws adopted by Parliament and submitted to the President for signature.

1. In particular, guided by principle of legal certainty the Constitutional Court in the Decision of December 22, 2009 noted that according to the Law «On Making Alterations and Addenda to Certain Codes of the Republic of Belarus on Criminal and Administrative Responsibility» the legislator had established lower and upper limits (300-1000 baseline values) of fine for committing a specific crime in Article 317¹.2 of the Criminal Code.

As a result, according to the Constitutional Court there is a contradiction between the rules of general and specific parts of the Criminal Code, as in accordance with Article 62.1 of the CC when imposing a fine the court shall be guided by the limits determined in Article 50 of the CC (30-1000 baseline values). This provision excludes the possibility of establishing of fine limits by the legislator in articles of the specific part of the CC. In this regard, the Constitutional Court also pointed out violation of the principles and system of formation of rules of general and specific parts of the Criminal Code.

This legal position of the Constitutional Court is implemented in the Law of July 12, 2013 «On Making Alterations and Addenda to Certain Codes of the Republic of Belarus on Issues of Strengthening of Sanctions for Drunk Driving». In the new wording of Article 3171 of the Criminal Code fine limits are not specified.

2. In the Decision of December 28, 2009 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Exercising of Administrative Procedures» to the Constitution of the Republic of Belarus» the Constitutional Court drew attention to the need to ensure a uniform legislative approach to regulation of similar relations and in this regard it was noted that in case of liquidation of public associations, political parties and their unions, republican public associations the reviewed Law did not establish the necessity to exclude records of their state registration from the Unified State Register of Legal Entities and Individual Entrepreneurs, what was mandatory by virtue of the requirements of the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 «On State Registration and Liquidation (Termination of Activities) of Economic Entities».

This legal position of the Constitutional Court was taken into account in the Law of November 4, 2013 «On Making Alterations and Addenda to Certain Laws on Political Parties and Other Public Associations». Its provisions set out an obligation of the appropriate registration body to enter records to the Unified State Register of Legal Entities and Individual Entrepreneurs as well as to the State Register of Associations and Unions or to the Register of Local Public Associations and Unions on exclusion from them of public associations or unions. The law also provides for an obligation of the Ministry of Justice of the Republic of Belarus to enter records to the Unified State Register of Legal Entities and Individual Entrepreneurs and the State Register of Political Parties and Unions on exclusion from them of political parties or unions.

3. In the Law of December 12, 2013 «On Making Alterations and Addenda to Program Laws of the Republic of Belarus» the legal position of the Constitutional Court, stated in the Decision of December 27, 2008 and October 19, 2012, was followed. According to this position alterations and addenda to program laws should be made in the form of separate laws in compliance with the requirements of Article 104.4 of the Constitution (on qualified voting).

4. A number of legal positions of the Constitutional Court is implemented by the legislator in the Law «On Making Alterations and Addenda to the Labour Code of the Republic of Belarus» (hereinafter – the Law on Making Alterations to the LC).

4.1. Thus, in the Decision of March 5, 2009 «On Legal Regulation of Severance Pay» the Constitutional Court stated that the ambiguous understanding and application of legal rules, regulating the payment of severance pay and minimum compensation for the deterioration of the legal status of an employee in case of cancellation of the contract due to the employer’s failure to comply with, or improper execution of, its terms, led to de facto exclusion of the possibility of obtaining the severance pay provided for in Article 41.3 of the Labour Code. According to the Constitutional Court cases of non-payment of severance shall be determined only at the level of law. Therefore, it was found necessary to make appropriate alterations and addenda to Articles 41 and 48 of the LC.

In accordance with the Law on Making Alterations to the LC Articles 41 and 48 of the Code were amended in such a way as to allow determining of normative legal acts to be applied in calculating the amount of severance pay to employees who, under legislative acts, shall be paid a minimum compensation for the cancellation of fixed-term labour contract.

4.2. In the Decision of July 17, 2009 «On Ensuring Equal Rights of Individuals in the Field of Labour» the Constitutional Court pointed out that the absence in the list of discriminatory conditions, established by the labour legislation, of age, place of residence as well as the exhaustive nature of the list significantly limit guarantees of realisation of the constitutional right of individuals to work. The Council of Ministers was proposed to prepare a draft law on making appropriate addenda to the LC.

According to Article 14.1 of the LC, amended by Law on Making Alterations to the LC, the age, place of residence and other circumstances not related to the qualification and not conditioned by the specificity of labour functions of an employee belong to discriminatory circumstances in the field of labour relations.

4.3. The Decision of the Constitutional Court of December 16, 2009 «On the Necessity to Settle a Collision between the Rules of Legislative Acts Providing an Additional Ground for Termination of the Labour Contract in Accordance with Article 47.5 of the Labour Code of the Republic of Belarus» drew attention to the collision between the rules of Articles 16.2, 17.5 of the Law «On Combating Corruption» and Article 47.5 of the LC concerning the termination of the labour contract with a state official because of violation or non-signing of the written commitment to observe established restrictions. In order to settle the said collision, ensure unambiguous understanding and uniform application of legislative rules the Constitutional Court proposed to make appropriate alterations to the Labour Code.

This collision between the rules of the LC and the said Law concerning establishment of the additional ground for termination of the labour contract with state officials because of violation or non-signing of the written commitment to observe restrictions established by the legislation on combating corruption revealed by the Constitutional Court was eliminated by the Law on Making Alterations to the LC that set forth Article 47.5 of the LC in the new wording. Thus, the principle of legal certainty was respected and the conditions for unambiguous understanding and uniform application of the rules of these normative legal acts were created.

4.4. In order to implement the constitutional principle of equality before the law and rules guaranteeing the right to work the Constitutional Court made the Decision of October 4, 2011 «On Some Issues of Legal Regulation of Granting a Parental Leave». According to the Decision non-granting of a parental leave until the child reaches the age of three years to a working father, other relatives of the child, in case if the mother of the child is an individual entrepreneur, is not based on the constitutional principles and rules arising from the nature of the Republic of Belarus as a social state based on the rule of law, but caused by a legal gap in the regulation of relations developing in this field resulted in a violation of the rights and legitimate interests of individuals.

The Constitutional Court recognised it necessary to fill the gap in the legal regulation on granting a parental leave until the child reaches the age of three years by recognition at law of the right of working father, other relatives of the child actually taking care of the child to parental leave even if the mother of the child is an individual entrepreneur.

In accordance with the Law on Making Alterations to the LC Article 185 of the LC is set forth in a new wording stating that a parental leave until the child reaches the age of three years may be granted to a relative, a member of the family of the child actually taking care of the child if the mother is occupied (work, service, study) or exercises independent activities stipulated by law (i.e. in cases where the mother is an individual entrepreneur, notary, lawyer, artist, a person exercising the handicraft, activities in the field of agro-ecotourism).

At the same time the Constitutional Court pays attention to occurred delay of the execution of specific decisions of the Court aiming at elimination of legal gaps, collisions and legal uncertainty and notes that the delayed execution of these decisions of the Constitutional Court leads to the possibility of prolonged unjustified existence in the legal field of normative legal acts containing legal gaps, collisions and legal uncertainty, application of which may infringe the principle of the supremacy of the Constitution, to weaken guarantees of the protection of rights and legitimate interests of individuals and organisations.

V

1. Analysis of cases and materials considered by the Constitutional Court allows to make a conclusion on the direction of the efforts of state bodies and officials to maintain the due level of constitutional legality as a regime of strict observance of the Constitution in the rule-making and law-enforcement by all subjects of law.

In 2013 there were no cases of significant violations of constitutional provisions in the law-making. All laws reviewed in the exercise of obligatory preliminary review were declared being conforming to the Constitution. Decisions and legal positions of the Constitutional Court made by results of review of the constitutionality of laws pointed out positive trends indicating the development of constitutional principles and rules in legal regulation of social relations. Legal gaps and legal uncertainty revealed in the legislative acts are not systemic and may be eliminated while improving legislative regulation.

2. Constitutionalisation of public relations presupposes the direct effect of the constitutional principles and rules on the socio-economic and socio-political processes through legal mechanisms of ensuring the supremacy of the Constitution and its direct effect.

Constitutionalisation of social relations in the Republic of Belarus requires purposeful scientifically grounded legal policy of the state. The Concept of judicial and legal reform (1992) and the Concept of improvement of the legislation (2002) played an important role in the formation of the legal system of the sovereign state. However, the achieved level of the state formation and socio-economic development, current integration processes make it necessary to elaborate a comprehensive document – single Concept of state legal policy of the Republic of Belarus with the aim of due legal ensuring state and public interests, human rights and freedoms in the modern world.

3. When developing the strategy of the state legal policy, improving the legal system it is necessary to be based on the constitutional legal doctrine which represents theoretical provisions and scientific concepts, clarification and understanding of constitutional ideas, values and goals, implementation and development, interpretation and doctrinal explanation of constitutional principles and rules both in scientific sources and in rule-making and law-enforcement.

A certain contribution to the formation of the national constitutional legal doctrine is made by the Constitutional Court which through its decisions and legal positions revealing the constitutional legal meaning of legal rules ensures the supremacy of the Constitution, contributes to the elaboration of an effective mechanism for ensuring human rights and freedoms.

4. Preservation of stability of the fundamental constitutional principles contributes to the progressive development of the state and society, improvement of the mechanisms of constitutional legal protection of human rights and freedoms. However, the further development of public relations does not exclude a certain adjustment of some provisions of the Constitution in the direction of subsequent optimisation of the constitutional legal regulation in view of objective circumstances.

The Constitutional Court draws attention to the fact that the adoption in accordance with Article 109 of the Constitution of laws aimed at the formation of a unified system of courts of general jurisdiction, the merger of the Supreme Court and the Supreme Economic Court into the single highest judicial body – the Supreme Court − resulted in an objective need to clarify certain provisions of the Constitution in order to eliminate legal uncertainty.

In this regard the Constitutional Court considers that, taking into account the place and role of the Supreme Court in the judicial system of the Republic of Belarus and based on the constitutional principle of separation of powers, it is necessary to enshrine at the constitutional level the status of the Supreme Court as the highest judicial body heading the system of courts of general jurisdiction.

At the same time in order to extend an access to the constitutional justice it is reasonable to provide the Prosecutor-General with a right to make proposals to the Constitutional Court on review of the constitutionality of normative legal acts, and courts of general jurisdiction – with a right to submit preliminary requests to the Constitutional Court.

5. The supremacy of the Constitution in the legal regulation of participation of the Republic of Belarus in international relations is ensured on the basis of the following constitutional provisions.

The people shall be the sole source of state power and the bearer of the sovereignty in the Republic of Belarus. The people shall exercise their power directly, through representative and other bodies in the forms and within the confines determined by the Constitution. Being an international entity the Republic of Belarus exercises supreme control and absolute authority over its whole territory and carries out an independent domestic and foreign policy, recognises the supremacy of the generally recognised principles of international law and ensures the compliance of laws therewith. The Republic of Belarus in conformity with the rules of international law may on a voluntary basis enter interstate formations and withdraw from them. Conclusion of treaties that are contrary to the Constitution shall not be permitted.

Openness of the Republic of Belarus for the international legal integration makes possible the transfer of a part of sovereign powers to supranational structures of interstate formations. The Constitutional Court notes that in this case pursuant to the supremacy of the Constitution the sovereign right of the people of Belarus to determine its own way of development can not be limited. Democratic, social and legal nature of the Belarusian state can not be changed and constitutional rights and freedoms of individuals can not be impaired.

6. The Constitution is the Basic Law not only enshrining the principles and rules that underlie the life of the state and society at the moment, but also determining the development of the Republic of Belarus in the long term as 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 of the society and state.

The Constitution contains considerable potential for legal reforms. Owing to the interpretation of constitutional provisions, revealing the constitutional legal meaning of provisions of legislative acts the content of the Constitution enriches itself, including with doctrinal provisions. This greatly enhances the regulatory capacity of the Constitution, opens the door to its direct effect as well as allows individuals and officials to consider the Basic Law of our country not just as a set of legal rules and principles that has the supreme legal force, but as a meaningful social contract on the basis of which public accord and confidence are achieved between the individual, society and the state power.

7. The implementation of the supremacy and direct effect of the Constitution, ensuring constitutional legality stipulate the establishment of constitutionalism in the Republic of Belarus. Its major components include the rule of law, strict observance of the constitutional requirements by all state bodies, organisations, officials and individuals, establishment of the balance of interests between individuals, society and state on the basis of constitutional values.

The Constitutional Court considers that strengthening in all fields of state and public life of the constitutional legality, ensuring the constitutionalisation of social relations, formation of the constitutional culture are the duty of all state and public institutions, officials and individuals. The formation of the human being and citizen as a bearer of constitutional rights, freedoms and responsibilities, of an active participant of the constitutional relations takes place by means of understanding and implementation of constitutional provisions.

The present Message was adopted at the session of the Constitutional Court of the Republic of Belarus on January 21, 2014.

Presiding Officer – Petr P. Miklashevich Chairman of the Constitutional Court Republic of Belarus