On March 14, 2014 on the eve of the 20th anniversary of the Constitution of our country the meeting of the Head of State with the judges of the Constitutional Court took place.

Alexander Lukashenko awarded judges of the Constitutional Court for many years of fruitful activities, high professionalism, irreproachable performance of official duty, their considerable personal contributions to the development of the judicial system and the strengthening of constitutional legality. The Judge Sergei Chigrinov was awarded with a medal “For Labour Merits”. The Judge Tadeush Voronovich was awarded the title of an Honored Lawyer of the Republic of Belarus.

Vladimir Isotko was officially thanked by the President of the Republic of Belarus for many years of fruitful work in state bodies, his considerable personal contribution to the formation and development of the national legal system.

During the meeting Chairman of the Constitutional Court Petr Miklashevich delivered a speech and noted the following.

The Constitution of the Republic of Belarus was based on many basic values formulated by the mankind and has determined democratic milestones for the development of the state and society.

The Constitution is the foundation of civil and social accord, formation of a democratic social state based on the rule of law.

On the eve of the 20th anniversary of the Constitution Petr Miklashevich drew attention to the following constitutional and legal aspects.

Firstly, the stability of the Constitution as the determining condition of the stability of the constitutional system.

The past period of formation of the Belarusian sovereign State shows that it is based on values ensrined in the preamble to the Constitution concerning the inalienable right of the people to self-determination, self-awareness as a subject of the international community, the desire to ensure civil accord, inviolable foundations of sovereignty of the people and the State based on the rule of law, intention to ensure the rights and freedoms of individuals.

Problems occurred at the initial stage of constitutional development and related to the implementation of the principle of separation of powers were successfully resolved by constitutional means during the national referendum.

At the present time it is important to ensure further evolutionary constitutional development, preserve and promote constitutional values, consistently constitutionalize social relations.

Rules and principles enshrined in the Constitution should remain relevant guideline for the entire society. It is necessary to form legal awareness of individuals, so that they could identify themselves not with abstract law and abstract state, but with the state which takes all measures at its disposal to create internal and international order which is necessary for the full implementation of the rights and freedoms of the citizens of the Republic of Belarus stipulated by the Constitution.

The constitutional patriotism is formed on this basis. This means that individuals do not only show love and respect for their country, people and motherland, but also fully enjoy constitutional rights, responsibly fulfill constitutional obligations, seek to contribute to the achievement of constitutional goals, show due respect for the Basic Law of their State.

Secondly, the systematic implementation of the regulatory potential of the Constitution.

Development of social relations, dynamics of social life determine the necessity to link the constitutional development to the interpretation, legislative development and implementation of the principles and rules of the Constitution.

The developmental potential of the Constitution should be implemented by means of a deeper understanding, interpretation and implementation of constitutional provisions.

In its decisions the Constitutional Court by formulating legal positions makes the interpretation of constitutional rules and principles in relation to specific legal relationship, directs the legislator at their further development and law enforcers - at prevention of distortion of the constitutional legal meaning of legal regulation.

The regulatory potential of the Constitution should be revealed more actively by the Parliament through realisation of its right to interpretation of the Constitution, complex implementation of constitutional rules and principles in the legislation.

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, social and economic progress, modern integration processes bespeak the necessity to elaborate a comprehensive document – the unified Concept of the State Legal Policy of the Republic of Belarus in order to ensure appropriate legal protection of national and social interests, rights and freedoms of individuals in modern conditions.

Thirdly, the effectiveness of preliminary constitutional review.

The Constitutional Court’s activities ensure legal protection of the supremacy of the Constitution.

Since 2008 the Constitutional Court has considered more than 600 laws adopted by the House of Representatives and approved by the Council of the Republic before their signing by the President in the exercise of preliminary review of constitutionality.

When reviewing the constitutionality of legal rules the Constitutional Court formulated positive legal positions in almost each decision which indicates the development of specific constitutional rules and principles in the legislative regulation of public relations.

At the same time more than 100 legal positions were formulated which pointed out legal gaps and legal uncertainty in some legislative rules.

Generally speaking about the effectiveness of preliminary review, it can be asserted that the Constitutional Court, on the one hand, confirms that the adopted laws develop constitutional provisions, on the other hand - direct the legislator at further improvement of legislative acts in order to elaborate an effective legal mechanism for realisation of constitutional rights and freedoms of individuals.

Fourthly, the constitutional legality.

The Message of the Constitutional Court to the the Houses of the National Assembly and to the President of the Republic of Belarus contains the analysis of the constitutional legality for the past year and the objective conclusion about the orientation of the efforts of state bodies and officials on maintenance of the due level of the constitutional legality as a regime of strict observance of the Constitution in the rule-making and law-enforcement.

The Constitutional Court pointed out that the establishment of constitutional legality in all fields of public and social life, ensuring the constitutionalization of public relations, formation of constitutional culture is the duty of all state and public institutions, officials and individuals.

Formation of a man and individual as a bearer of constitutional rights, freedoms and duties, an active participant in constitutional relationship is the result of understanding and implementation of constitutional provisions.

Fifthly, the development of constitutional justice.

The normative legal regulation of the Constitutional Court’s activities is being consistently improved taking into account the role and significance of constitutional review in ensuring the supremacy of the rule of law, formation of a democratic State based on the rule of law.

The legal acts coming into effect in April 2014 aim to specify functions of the Constitutional Court and to improve the constitutional proceedings.

At the same time, it is necessary to elaborate issues related to the regulation of individual’s access to constitutional justice, real participation of courts of general jurisdiction in the initiation of review of the constitutionality of normative legal acts which shall be applied when considering specific cases, and eventually - to ensure the effective mechanism of review of the constitutionality of the law enforcement practice of courts and other law enforcement bodies.

In conclusion, Petr P. Miklashevich emphasised that in modern conditions the Constitutional Court will improve the effectiveness of judicial constitutional review in every possible way in order to protect the constitutional order, human rights and freedoms, and to ensure the supremacy and the direct effect of the Constitution of the Republic of Belarus.