Bulletin of the Constitutional Court
3/2013

·         Official materials and Decisions of the Constitutional Court of the Republic of Belarus

 

Decision of the Constitutional Court of the Republic of Belarus of July 4, 2013 No. D-818/2013 «On the conformity of the Law of the Republic of Belarus «On Approvement of the Report of the Execution of the State Non-Budgetary Fund of Social Security of the Population of the Republic of Belarus in 2012» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 4, 2013 No. D-819/2013 «On the conformity of the Law of the Republic of Belarus «On Approvement of the Report of the Execution of the Republican Budget in 2012» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-831/2013 «On the conformity of the Law of the Republic of Belarus «On Accounting and Reporting» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-832/2013 «On the conformity of the Law of the Republic of Belarus «On Concessions» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-833/2013 «On the conformity of the Law of the Republic of Belarus «On Investments» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-834/2013 «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 Free Economic Zones» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-835/2013 «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 Currency Regulation and Currency Control» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-836/2013 «On the conformity of the Law of the Republic of Belarus «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» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-837/2013 «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 the Issues of Mortgages» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-838/2013 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Administrative Offensive Code of the Republic of Belarus and Procedural and Executive Code of the Republic of Belarus on Administrative Offences» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-839/2013 «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 Labor Safety» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 5, 2013 No. D-840/2013 «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 the Issues of Transport of Dangerous Goods» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 8, 2013 No. D-841/2013 «On the conformity of the Law of the Republic of Belarus «On Mediation» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 8, 2013 No. D-842/2013 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to Certain Codes of the Republic of Belarus on the Issues of Development of Mediation» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 8, 2013 No. D-843/2013 «On the conformity of the Law of the Republic of Belarus «On Audit Activities» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 8, 2013 No. D-844/2013 «On the conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Code of Civil Procedure and the Code of Criminal Execution of the Republic of Belarus» to the Constitution of the Republic of Belarus»

 

Decision of the Constitutional Court of the Republic of Belarus of July 8, 2013 No. D-845/2013 «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»

 

·         Scientific information

 

Miklashevich P.P. The Constitution of the Republic of Belarus is a Legal Basis for Progress of Society and State Development

 

The Constitution of the Republic of Belarus is considered in this article as a legal basis for progress of society and state development. It is noted that the constitutional doctrine is formed by theoretical propositions and scientific concepts, understanding and comprehension of constitutional ideas, values ​​and aims, implementation, development and interpretation of constitutional principles and norms. With regard to analysis of provisions of the Constitution the conclusion is made that the basis of the modern constitutional doctrine of Belarus comprises such fundamental provisions as human rights and freedoms, sovereignty, democracy, separation of powers, the rule of law. In conclusion the author points out the continuing character of the constitutional doctrine formation process. Constitutional democracy and constitutional economy are developed in the course of it, which leads to the formation of a constitutional state.

 

Voronovich T.V. Ensuring the Balance of Constitutional Values in Law-Making

 

This article is devoted to analysis of interconnection and interdependence of constitutional values ​​in the legislation. The author concludes that ensuring the balance of constitutional values, inadmissibility of their derogation or denial are necessary conditions to guarantee the rights and freedoms of a man and a citizen and also to develop and to protect other constitutional values.

 

Kozyreva L.G. Constitutional Basis of Alternative Means of Dispute Settlement

 

This article is devoted to analysis of provisions of the Constitution of the Republic of Belarus that create a legal framework for activities of courts of arbitration in the Republic of Belarus and development of mediation as an alternative form of dispute settlement. The conclusion is grounded on the basis of analysis of Constitutional Court’s decisions that these forms of settlement will extend opportunities of citizens and economic entities to choose means of settlement of disputes and will contribute to maintain and develop business relations between partners, procedural economy in the field of public justice.

 

Danilyuk S.Y.  Review of the Constitutionality of Laws on Law Enforcement Activity in the Decisions of the Constitutional Court of the Republic of Belarus

 

The article deals with certain issues of review of the constitutionality of laws in the field of law enforcement which are reflected in the decisions of the Constitutional Court of the Republic of Belarus taken in 2012-2013. A particular importance of implementation of the principle of the rule of law and the based on it principle of legal certainty in law-making is emphasised. These principles create necessary conditions for formation of uniform and predictable law enforcement and establishment of constitutional legality.

 

·         Foreign experience of constitutional justice

 

Markush M.A. Constitutional Values as Fundamental Provisions of the Criminal Proceedings Doctrine

 

The current issues of the Ukrainian criminal procedure in axiological terms are examined in this article. The author proposes new conceptual approaches to their resolution in the context of modern constitutional doctrine.

 

·         International relations of the Constitutional Court of the Republic of Belarus

 

On the Chairman of the Constitutional Court Petr P. Miklashevich participation in International Conferences