In his speech Chairman of the Constitutional Court focused of the content of the Message to the President of the Republic of Belarus, the House of Representatives and the Council of the Republic of the National Assembly “On Constitutional Legality in the Republic of Belarus in 2013”, adopted by the Constitutional Court on January 21, 2014. It was noted the following.

The Message of the Constitutional Court "On Constitutional Legality in the Republic of Belarus in 2013" was adopted in the run-up to the 20th anniversary of the Constitution of the Republic of Belarus.

1. The Constitution, which is essentially a social contract establishing the structure of the modern Belarusian society and state, contains fundamental provisions which regulate the system of political, economic and social relations and provides the legal basis for the development strategy of the sovereign Belarus.

The modern Belarusian statehood, national legal system, activities of law-making and law-enforcement bodies are based on the supremacy of the Constitution which enshrines the fundamental principles and rules of legal regulation of the most important public relations and has the supreme legal effect.

When exercising its constitutional functions, the Constitutional Court confirms the supremacy of the Constitution in law-making and law-enforcement, contributes to elaboration of legal mechanisms for development and protection of constitutional values and achievement of significant constitutional goals, directs the legislator and law-enforcement bodies to strict observance of constitutional provisions and their real guarantee.

Analysis of cases and materials considered by the Constitutional Court testifies orientation of efforts of state bodies and officials to maintain the due level of constitutional legality as a regime of strict observance of the Constitution in law-making and law-enforcement by all subjects of law.

2. In 2013 the Constitutional Court didn’t find significant violations of constitutional provisions in the law-making process. All laws considered in the exercise of obligatory preliminary review were recognised to be conforming to the Constitution.

In its decisions and legal positions adopted on the results of consideration of the constitutionality of laws the Constitutional Court noted positive trends showing the development of constitutional principles and rules in legal regulation of social relations. Legal gaps and facts of legal uncertainty revealed in legislative acts are not systematic and can be eliminated in the process of improvement of legal regulation.

3. In accordance with Article 116 of the Constitution the Constitutional Court exercises review of the constitutionality of normative legal acts entered into force on proposals of authorised bodies: the President of the Republic of Belarus, the House of Representatives and the Council of the Republic of the National Assembly, the Council of Ministers , the Supreme Court (from 1 January 2014 the Supreme Court and the Supreme Economic Court form the Supreme Court).

Last year there were no by such proposals from authorised bodies due to a number of objective and subjective factors. There is a trend of continuous improvement of law-making process and due attention is paid to analysis of the conformity of normative provisions to the Constitution on the stage of preparation of draft normative legal acts, including through legal examination and and other legal research in law-making bodies.

4. In 2013 in the framework of indirect access to constitutional justice authorised bodies received 88 initiative applications from individuals and legal entities which put questions about the necessity to review the constitutionality of certain provisions of laws and subordinate acts. However, the Constitutional Court did not receive proposals from authorised bodies based on these applications. This fact is due to some extent to insufficient legal regulation of the procedure of indirect access to constitutional justice.

The Constitutional Court did not receive proposals from general and economic courts based on Article 112 of the Constitution.

Absence of applications to the Constitutional Court on review of the constitutionality of normative legal acts due to their application limits the possibility of review of the constitutionality of practice of courts and other law-enforcement bodies.

5. The Constitutional Court realised its powers when making decisions on elimination of legal gaps and legal uncertainty in normative legal acts. Thus, on the basis of applications of individuals and legal entities it was recognised necessary:

- to establish the procedure of 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 cases (including due to a difficult financial situation of these individuals) in the Procedural and Executive Code of the Republic of Belarus on Administrative Offences;

- to provide the legal mechanism of restriction of legal capacity of an individual due to a mental disorder depending on the degree of actual reduction of the capacity to understand the meaning of one’s actions or direct these actions in the Civil Code.

The Constitutional Court made a number of other decisions.

6. In 2013 13 decisions of the Constitutional Court were executed.

Thus, on the basis of Decisions of the Constitutional Court the Parliament has made alterations and addenda to the Labor Code according to which:

- age, place of residence and other circumstances which are not related to qualities of a worker and which are not specified by his duties are rated among discriminatory circumstances (Article 14.1 of the Code);

- collision between provisions of the Labour Code and the Law "On Combating Corruption" regarding an additional cause for termination of the labour contract with officials in cases of non-signing or violation of the written commitment to respect restrictions set by the legislation on combating corruption is eliminated by Article 47.5 of the Labour Code;

- Article 185 of the Labour Code provides that parental leave to care for a child under three years can be granted to a relative, member of the family of the child who de facto cares for him in case the child's mother is an individual entrepreneur, artist, artisan, etc.

Legal positions stated in Decisions of the Constitutional Court had been taken into account by the legislator in other normative legal acts.

In the final part of his speech Chairman of the Constitutional Court gave some conclusions and proposals stated in the Message.

1. Constitutionalization of social relations presumes direct effect of constitutional principles and rules on socio-economic and socio-political processes through legal mechanisms of ensuring the supremacy of the Constitution and its direct action.

The achieved level of state formation and socio-economic development, modern integration processes determine the necessity of elaboration of a complex document - uniform Conception of state legal policy of the Republic of Belarus in order to ensure the due legal protection of state and public interests, human rights and freedoms in the modern world.

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

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

3. Maintaining the stability of fundamental constitutional provisions contributes to progressive development of the state and society, improving mechanisms of constitutional and legal protection of the rights and freedoms of individuals. However, further development of public relations does not exclude certain correction of certain provisions of the Constitution in order of further optimisation of constitutional and legal regulation taking into account objective circumstances.

The Constitutional Court draws attention to the fact that adoption of legislative acts aimed at the formation of a unified system of courts of general jurisdiction, joining of the Supreme Court and the Supreme Economic Court in a single highest court - the Supreme Court in accordance with Article 109 of the Constitution led to objective necessity to clarify certain provisions of the Constitution in order to eliminate legal uncertainty.

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

At the same time in order to enlarge access to constitutional justice it is reasonable to empower the Prosecutor General to make proposals to the Constitutional Court to review the constitutionality of normative legal acts and to empower courts of general jurisdiction to make a prejudicial request to the Constitutional Court.

4. Realisation of the supremacy and direct effect of the Constitution, implementation of constitutional legality stipulates establishment of constitutionalism in the Republic of Belarus. The rule of law, strict observance of constitutional provisions by all state bodies, organisations, officials and individuals; establishment of balance of the interests of individuals, society and state based on constitutional values are its essential parts.

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