Bulletin of the Constitutional Court
1/2013

Introductory article of Chairman of the Constitutional Court of the Republic of Belarus Petr P. Miklashevich, dedicated to the Day of the Constitution of the Republic of Belarus

 

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

 

Decision of the Constitutional Court of the Republic of Belarus of January 22, 2013 No. D-798/2013 “On Constitutional Legality in the Republic of Belarus in 2012”

 

Message of the Constitutional Court of the Republic of Belarus to the President of the Republic of Belarus, the House of Representatives of the National Assembly, the Council of the Republic of the National Assembly of the Republic of Belarus “On Constitutional Legality in the Republic of Belarus in 2012”

 

·         March 15 – the Day of the Constitution of the Republic of Belarus

 

The Constitutional Court Safeguarding Constitutional Rights and Freedoms of a Man and a Citizen (on materials of the Online Conference of the Chairman of the Constitutional Court of the Republic of Belarus Petr P. Miklashevich, dedicated to the Day of the Constitution of the Republic of Belarus)

 

·         Scientific information

 

Boiko T.S. On constitutional aspect of institution of delegation of rule-making powers in the field of taxation

 

This article is devoted to analysis of provisions of constitutions of post-soviet and a number of other States concerning the institution of delegation of rule-making powers on taxes and charges establishment issues. Special attention is paid to consideration of legal positions of the constitutional review bodies of the Republic of Belarus and the Russian Federation on the limits of delegation, subdelegation of rule-making powers in the field of taxation.

 

Tikovenko A.G. The constitutional right to petition the public authorities: legal basis of implementation

 

Relations between the State and a citizen, connected with realisation of the right to petition the public authorities are analysed in this article on the basis of constitutional provisions. The rules of the Law of the Republic of Belarus “On Applications of Individuals and Legal Entities” that ensure realisation of this constitutional legal principle are considered. Propositions aimed at concretisation of legal regime of application, proposal and complaint in the mentioned law are formed on the basis of this analysis.

 

Riabtsev L.M., Krivonoshchenko A.S. Constitutional and legal aspects of ensuring environmental safety in the Republic of Belarus

 

Actual problems of legal protection of environmental safety in the sphere of constitutional law as major guarantee of the rights and freedoms of an individual are examined in the article. The analysis of normative legal acts regulating legal status of the governmental bodies carrying out their activities in the sphere of ecological safety is given. The necessity to assign duty of environmental safety maintenance in the legal acts regulating legal status of government bodies in the given sphere is justified.

 

Sarkisova E.A., Kukresh L.I. Legal criminal and criminal procedural means of protection of rights and legal interests of crime victims in the context of the Constitution of the Republic of Belarus and international acts

 

This article deals with the issues of protection of the rights and interests of crime victims based on comparison of appropriate norms of the Criminal Code and the Code of Criminal Procedure of the Republic of Belarus with the provisions of the Constitution of the Republic of Belarus and international legal requirements concerning protection of crime victims. Proposals aimed at improvement of national legislation in part of strengthening of legal criminal and criminal procedural protection of crime victims are made.

 

Khanko D.N. Normative legal acts of the President that have the force of law: comparative analysis

 

The article is devoted to the presidential rule-making activity, which is considered as one of the key components of his constitutional legal status. The author examines rule-making activity of the president in the context of domestic and foreign experience of adoption of legal acts that have the force of law by the head of the State. Theoretical grounds of adoption of this category of normative legal acts are also analysed in this article. The institution of delegation of legislative authorities from a parliament to a president, the institution of statutory authority and the institution of extraordinary legislation of a president are discussed in this article. Special attention is given to the practice of «edictal law» in the Russian Federation and also the place of edicts of the President of the Republic of Belarus in the hierarchy of normative legal acts.

 

·         Foreign experience of constitutional justice

 

Gultay M.M. Particularities of individual access to constitutional justice in Ukraine and prospects of its improvement

 

The article reveals special features of direct and indirect individual access to constitutional justice in Ukraine, defines basic problems of their legislative regulation and practice of implementation, as well as ways of their improvement in light of introduction of the institution of constitutional complaint in Ukraine. Special attention is given to the legal mechanism of functioning of constitutional appeal of individuals and legal entities on interpretation of the Constitution and laws of Ukraine.

 

Maslovskaya T.S. Control of constitutionality of laws in the Republic of Belarus and France: comparative legal analysis

 

The author analyses typology of the mechanisms of constitutional review of laws in Belarus and France. Common features and particularities of these mechanisms in the mentioned countries are highlighted. Special attention is paid to analysis of the obligatory preliminary review of constitutionality and the subsequent concrete review. Some proposals on improvement of the legislation of the Republic of Belarus are formulated and grounded.

 

·         On the work with petitions to the Constitutional Court

 

Karavay A.V. On the work with petitions of individuals and legal entities to the Constitutional Court of the Republic of Belarus in 2012

 

·         Scientists of Belarus

 

Nikolay Grigorievich Jurkevich – 85 years