1 February 2006 № D-193/2006
The Constitutional Court of the Republic of Belarus, comprising of the Presiding Officer — Chairman of the Constitutional Court G.A. Vasilevich, Deputy Chairman A.V. Maryskin, judges T.S. Boiko, K.I. Kenik, V.V. Podgrusha, A.A. Sarkisova, A.G. Tikovenko, R.I. Filipchik, V.Z. Shuklin, having considered the issue on constitutional legality in the Republic of Belarus, guiding by Article 44 of the Law "On the Constitutional Court of the Republic of Belarus" and Article 80 of Rules of Procedure of the Constitutional Court,
RULED:
1. To adopt the Message of the Constitutional Court of the Republic of Belarus to the President and the Chambers of the Parliament of the Republic of Belarus "On constitutional legality in the Republic of Belarus, 2005" (text is enclosed).
2. To publish the Message "On constitutional legality in the Republic of Belarus, 2005" in newspapers "Zvayzda" and "Narodnaya gazeta" in ten days period of time from the date of adoption, as well as in National register of legal acts of the Republic of Belarus and in Bulletin "Vesnik Kanstytutsijnaga Suda Respubliki Belarus".
Presiding Officer —
Chairman of the
of the
To President The Constitutional Court was set up for securing the supremacy of the Constitution of the Republic of Belarus, its direct effect, conformity of the acts of the state bodies with the Constitution, establishment of legality in law making and law application. Its conclusions and assessments on constitutional legality in the Republic of Belarus the Constitutional Court has grounded on the materials examined in 2005, as well as on information received as a result of participation of representatives of the Constitutional Court in the sessions of the Parliament, the Government and other state bodies. Evaluation of legal sphere has become possible also owing to the petitions of citizens, deputies and other persons made to the Constitutional Court. Altogether in 2005 the Constitutional Court has received about six thousand citizens with individual and collective applications, their were considered 29 motions of deputies. At personal reception, including during the meetings with labour collectives, judges and specialists of the Secretariat of the Constitutional Court, there have been received more than 300 persons. Specialists of the Secretariat analysed more than 30 draft normative legal acts and other issues, those from the Administration of the President of the Republic of Belarus and the chambers of the Parliament included. The Constitutional Court emphasizes that constitutional legality is not a deduction category, and situation with public relations under which the law as the most important social regulator shall contribute to achievement of tasks and aims that are enshrined in the Basic Law of our country. Due to that the assessment of legislation and practice of its application shall be carried out with an allowance for influence on the well-being of citizens, development of democracy and legal nature of the state. First of all, it shall be emphasized that proceeding from available natural, intellectual, legal, organizational and other sources, the Republic of Belarus is developing successfully enough as a social state. The ground for this shall be the norms of Articles of Belarusian Constitution, as well as the laws, decrees, edicts, resolutions of the Government and other juridical documents that shall be adopted on the basis of the Constitution. The most important event in 2005 was completion of realization of the programme of social and economical development of the Republic of Belarus for 2001 - 2005 that practically was executed on all project indices. The Programme was aimed at enhancement of social nature of our state and gave its fruits as a result of arduous work of the state bodies and all the Belarusian people. In particular, in 2005 there have been achieved the highest index advance of gross domestic product in comparison with CIS and European countries, essential increase of industry and agriculture production, real money income of population and that shall guarantee the sovereignty of the state, its economic, food and other safety which in their turn shall secure peaceful work of citizens for the improvement of individual and public well-being. Thus, according to the available information, real money income of population in 2005 were increased for more than 16 per cent as compared with 2004, and for the period since 1994 the average wage in Belarus was increased from 21 up to 261 US dollar per month (in equivalent). Significant decrease of the level of inflation gained confidence in Belarusian rouble and that found its reflection, in particular, in growth during last five years of bank deposits in Belarusian roubles 13,5 times as many, the amount of which in 2005 was estimated at 5,5 trillion roubles. Confirmation of successful development of Belarusian state as the social state is the fact that about 60 per cent of all the expenditures of the consolidated budget in 2005 was financing of social sphere. In addition, activities of the President, Government, Parliament and other state bodies were directed at increasing of industry and agriculture production, export of Belarusian products, and that was resulted in the improvement of life of people. Significant size of financing in comparison with other CIS states shall be expenditures for science, education, public health and culture. Remarkable are the results in the field of high and secondary specialized education. Thus, in 2005 there were 383 thousand of students of higher educational institutions as compared with 1994 - about 190 thousand. The Republic of Belarus is among the leading countries as regards the index in question. Both the increase of the number of students and their wins in various Olympic games and other competitions shall signify about favourable legislative ground thereto, and the work in this direction gives high results and demonstrates talent of Belarusian people. For the social state it is typical making such relations between an individual and the state under which the state, first of all, shall render assistance to those of them who by objective reasons (due to age, health etc.) may not secure one's own livelihood. As for the other persons, the role of the state comes to promote realization by citizens of their capacity to work in economic (employee, entrepreneur), creative and other spheres by legal means, by its policy. Belarus has the lowest unemployment index — 1,5 per cent of the total able-bodied population. Both the norms of the labour legislation and measures taken by the President, the Government, the Parliament concerning employment of population and that is one of the most important features of the social nature of the state shall promote this. In 2005 the scale of average monthly pension was increased eight times as compared with 2001, and as for the period since 1994 till 2005 was grown up from 8 to 98 US dollars (in equivalent). In Belarus there are about 2,6 million pensioners. Owing to that the essential part of taxes and other returns of the budget shall be for the pensions and benefits, for rendering assistance to those persons who are in need thereof. Thus, in specially created net of social amenities with 156 territorial centres real assistance is rendering more than 70 thousand pensioners and invalids. In accordance with the housing legislation, favourable conditions are creating for obtaining new accommodation by young and large families. Belarus has more intensive, in comparison with other newly sovereign states, housing construction. In 2005 there were put into operation 3 million 780 thousand square meters of living accommodation. At the same time, housing sphere is one of those spheres where citizens have their greater interest, because of originating of new families, there are more aspirations of people for the comfort, for the size of the dwelling space, as well as for other conditions. Cases and materials that are subject to examination in the Constitutional Court shall signify that the legislation and practice in that field have a number of shortcomings. Motions to the Constitutional Court on housing issues shall indicate on the necessity to secure by the legislative means the balance of interests of Housing and Building Cooperatives (HBC) as the collective of citizens who carry out building works and interests of individual citizens who joined HBC and then due to some reasons decided to be withdrawn from it. On the one hand, it is inadmissible to delay the recovery of the means for the citizen who was withdrawn from HBC, on the other hand, his/her refusal from the obligations undertaken while joining HBC (withdrawal from HBC) shall not be resulted in freezing the construction of the dwelling house by the cooperative. Due to that the Constitutional Court deems to be justifiable to fix the real time period during which the former members must be returned the means placed in HBC, as well as to consider the issue on creation of special funds for their return and financial support of HBC for the period of joining of new members instead of those who were withdrawn. Citizens express their objections also as regards the practice in the field of inheritance of flats in HBC. Thus, before 1 May 1994 the right of ownership to the flat in HBC of a citizen who made shares had been originated from the moment of their payment and there was no need of its relevant registration. Further alteration of the legislation under which there have been appeared the need of registration of this right of ownership shall be lawful in principle, but it could not cover the persons who in fact acquired the right of ownership under previously effective legislation. That was resulted in the fact that the heirs of the dead HBC members instead of real flat received only money and, what is more, this sum of money was in disproportion to market cost of the flat and, therefore, their right to housing, as well as there was no ensuring of the right to ownership in defiance of Articles 44 and 48 of the Constitution. As previously the Constitutional Court paid its attention to the given problem, however, judicial and other law enforcement practice, in the opinion of the Constitutional Court, was in progress by way that secured no triumph of law and fairness. While analyzing the legislation on the procedure of granting official accommodation, the Constitutional Court concluded that this legislation is in need of alteration as regards the requirement on obligatory alienation of a living accommodation which is in ownership of the person who is granted official accommodation. In the opinion of the Constitutional Court, the owner is not obliged to make alienation of the premises in question. Moreover, it is necessary to envisage additional guarantees and in case of granting official accommodation for the person who at the moment of adoption of the decision has the dwelling under the contract of tenancy. This is conditioned by the fact that in the event of termination of employment due to which the official accommodation was granted, a citizen is appeared to be without the dwelling at all, and the means gained from the sale of the flat turned out to be insufficient to purchase a new one. Practice knows those facts. The Constitutional Court deems that the queues for the flats, for construction of garages and other objects in the cities shall signify about both the wish of citizens to solve for their own money their own problems and sluggishness of bodies of local government and self-government as regards allocation of the plots of land and solution of other relevant issues. The Constitutional Court pointed out those problems in its previous Messages and believes that their settlement needs the most intent look on behalf of the state. The Constitutional Court underlines that in 2005 the Government, the Ministry of Economy, the Ministry of Housing and Communal Economy, Minsk, Vitebsk city executive committees cooperated fruitfully on a number of other issues related to the improvement of the housing legislation in the interests of citizens. Thus, there were solved the issues regarding the single list of services on privatization of living accommodation, as a result of which redrafting of cheques "Property" to cheques "Dwelling" were not included in the specified list and this makes it possible to redraft them free of charge. There have been also solved the issue on proper application of the legislation that regulates accounting of servicemen transferred to the reserve who are in need of improvement of living conditions and granting financial assistance. The existed in the state system of payment of benefits shall promote additional social protection of citizens. It is equitable to carry out address oriented social benefits. Effective legislation in the given sphere in highly effective on the whole. One of the decisions of the Constitutional Court according to which the benefit for the care of the child under the age of three years must depend not on the profession of the mother, the instances of her unemployment included, was aimed at larger securing of equality of citizens in granting aid on behalf of the state. A further decision of the Constitutional Court was devoted to the common procedure of calculation of benefits on temporary disability. For the purposes of ensuring the equity in the right to state social insurance, the Government was made the relevant proposals. On the grounds of the provisions of the Constitution on guaranteeing by the state of the rights of citizens, as well as for the proper securing of the rights of servicemen of rank and file and commanding staff of the bodies of interior who took part in liquidation of effects at Chernobyl Nuclear Power Station, the Constitutional Court has expressed its support on lawfulness of their demand to Belgosstrakh (Belarusian Insurance Company) on repayment of the legitimately fixed sums of state obligatory personal insurance. That was conducive to alteration of previous practice and to real execution by the state of its obligations with respect to the persons who performed their service duties. It shall be met with approval the position of Belgosstrakh, the Ministry of Internal Affairs and the Ministry on Emergency. The Republic of Belarus in the interests of health protection of citizens equally with private medicine shall preserve the system of medical service in the state organizations of public health protection. Measures taken on republican and local level shall indicate about the priority nature of the specified system. The Constitutional Court has also expressed its position in the given field on certain directions as regards improvement of legal regulation. As a result of collective complaint of citizens the Constitutional Court for the purposes of health protection of citizens and environmental protection has proposed that while constructing dangerous production objects (filling stations etc.) in immediate proximity to dwellings and public buildings the economic entities by coordinating their locality at the pre-project stage the customer should also take into account the public opinion on the issue in question. Such an approach shall make stronger the authority of the state bodies that are called to care about health protection of citizens and about environmental protection. A number of complaints to the Constitutional Court were referred to the legality of legal regulation of the procedure and practice of confiscation of property owned by the person who committed no administrative offence and who acquired the property on legal grounds. The problem is in the lack of guarantee of the rights of bona fide acquirer who have bought or acquired the property by some other way the legal rules of which in principle gave no possibility to make transaction with this property, but the acquirer knew nothing about this and could not know this. Due to that, the Constitutional Court deems that changing of the practice shall strengthen the regime of constitutional legality in the given sphere and increase the confidence of citizens in the state. The Constitutional Court also takes into account the circumstance that by closing transactions with property at home market the legislation shall stipulate no obligation of the acquirer of this property to require from the seller of presentation of the documents that confirm the legality of property put initially into operation. The Constitutional Court points out that recently the tax legislation has been developed essentially, but the common tax burden even though it is reducing slightly and permanently in spite of the large range of economic and social tasks. At the same time, by force of wide spectrum of social relations that fall within the effect of the tax legislation, this field of legislation still have shortcomings and that gives the grounds for making conclusion about the necessity of its further improvement. Thus, owing to multiplicity of the subjects of norm creation at the local level (proceeding from the total number of local Councils of deputies) and the necessity of pursuing unique tax policy, the Constitutional Court has proposed to specify clearly in the laws on budget for the next year the main elements of dues from the users, in particular, limited rates, procedure of their calculation and payment. This proposal was realized in Article 8 of the Law "On budget of the Republic of Belarus for 2006". At the same time, activities of certain local Councils of deputies still preserve illegal practice of delegation of powers in the field of taxation to local executive and administrative bodies. It is positive the fact that decisions of the Constitutional Court in the given sphere are realizing by local Councils of deputies, executive and administrative bodies. Thus, owing to position of the Constitutional Court that was supported by the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Ministry of Justice there have been terminated the collection of money for residence of foreign citizens in the city of Minsk as legally ill-grounded. This shall signify about both the respect for the law and the necessity of rendering constantly methodical aid to the bodies of local government and self-government while solving the tax issues. Motions of deputies of the House of Representatives of the National Assembly P.A. Kalugin, L.P. Kosik, as well as concern "Belneftekhim" were about ancient problem of taxation of service benefits stipulated by collective contracts. The Constitutional Court found discrepancy between the norms of tax and labour legislation. Labour Code shall prohibit deductions from the service retirement benefit (Article 109), and the Law "On income tax from natural persons" - taxation of the service benefit that exceeds the minimum guaranteed rate fixed by the legislation. Whereas the service benefit shall be the money sum paid for the worker in case of dismissal without the guilty actions, the purpose of which is cushion of effects for the worker due to the loss of job, the Constitutional Court expressed its position that the service benefit regardless of the level of its normative stipulation (legislation or collective contract, agreement) should not be subject to income tax. Moreover, it proceeded also from the fact that under the specified rules the Code shall have the higher legal force than the law. By considering the issue on taxation of the lands of gardening partnerships, the Constitutional Court ruled that those lands, no matter who is their owner, user (citizen, gardening partnership), including the lands of common use, shall be subject to taxation at single rates. As for the practice, the lands of common use of gardening partnerships (roads, etc.) were subject to taxation at more high rates. That problem was solved by Decree of the President of the Republic of Belarus of 29 September 2005 No. 460 which stipulates that the lands of common use of gardening, market-gardening partnerships (cooperatives) shall be subject to no land tax. The given Decree covered the relations originated since 1 January 2005. The Constitutional Court supports completely the norm creation practice where retroactivity is given only those acts that improve legal status of citizens, economic entities. Messages adopted by the Constitutional Court during previous years pointed out the inadmissibility of giving retrospective effect the normative legal acts, which vested some new obligations of economic or other character. In 2005 the state of things was obviously improved, and this practice shall be secured in future that will expect from the initiators of draft normative legal acts the strategic thinking, ability not only to plan, but also make future analysis of the needs of legal regulation, as well as the effects of adopting acts. A fundamental feature of the effective Constitution of the Republic of Belarus is availability in it of the fundamental norms about democracy (sovereignty of people). Modern Belarusian state is characterized not only by the constitutional security of supremacy and sovereignty of people but also by real operation of democratic constitutional legal institutes which previously were only designated in the constitutions, but really had no effect. Moreover, Belarusian history has the examples when the will of the whole people was easily ignored. Belarusian people shall exercises their authority through regularly holding under the Constitution and the laws, of the elections of the President of the Republic of Belarus, the Parliament and local Councils of deputies, participation in referenda (in 1995, 1996, 2004), discussion of the most important draft documents, participation of representatives in republican and local assemblies. People's character of power in our state is revealing both by way of the policy of social protection of citizens and the people's right to define realistically their own destiny and life, to take the most important decisions. Thus, in practice there is the realization of the idea of people's sovereignty that reigned over the minds of well-known enlighteners, including Belarusian enlighteners, and during a long-term period of time has been developing gradually by many outstanding scientists. It shall be given positive estimation for the updating legislation concerning applications of citizens. The same estimation shall be also given for the requirement of the country leaders on careful respect to the proposals, applications and complaints of citizens. Applications of citizens shall reflect real social and economic processes, promote effective functioning of the state bodies, restoration of violated rights and strengthening of legality, control of contradictions and elimination of other deficiency of legislation, practice of its application. The whole complex of enforceable enactments of the current legislation directed at providing closer connections between state and people, strengthening of citizens' influence on law making of the state bodies (Laws "On procedure of realization of the right to legislative initiative by citizens of the Republic of Belarus", "On republican and local assemblies", "On applications of citizens", etc.) shall characterize advantageously the Republic of Belarus in the sphere of real realization of democracy and shall be a logical continuation of strategic development of provisions of both the Constitution and the previously valid Law of 27 February 1991 "On main principles of sovereignty in the Republic of Belarus". The present-day formation of the practice of consideration of applications of citizens related to realization themselves of their rights under the principle of "one window", shall be significance in favour of the basic principle of state government - authority for people, instead of people for authority. It promotes both strengthening of the confidence in the state machinery, enhance of its prestige and enlargement of responsibility, taking into consideration the additional duties assigned thereto. Previously, in its decisions the Constitutional Court also emphasized the necessity of simplification of the work with documents, liquidation of bureaucratic approach by granting the citizens guarantees and compensations stipulated by the law when they had to reaffirm for several times within a year their right to privileges. In particular, the Court outlined that legislation should not burden persons who have preferences with the requirements as regards presentation of some extra documents in addition to the relevant certificates. Decisions of the Head of the state, acts of the Government adopted in this sphere are timely and objectively stipulated. In the opinion of the Constitutional Court, this principle may be realized even more successfully on condition of system and full-scale application of modern information technologies. The Republic of Belarus, with regard to its personnel and creative potential, made sufficient progress in this area. Realization of the Program "Electronic Belarus" will also make it possible to simplify settlement of the specified issues. At the same time, it is not necessary to exaggerate this principle because citizens by solving their issues should also perform certain duties. Applications of citizens receiving by the state bodies, including by the Constitutional Court, shall oblige the state bodies and officials to exercise their activities according to the daily needs and demands of citizens, to see better the problems and to evaluate efficiency of legal regulation of social relations for the sake of building a democratic social state ruled by law. At the same time, consideration of applications shall indicate that citizens are compelled to apply to the Constitutional Court because in other bodies their applications met no proper and timely legal settlement. However, a part of applications (complaints) is initially unreasonable. All this shall specify the necessity of strengthening of constitutional control by the Constitutional Court, strengthening of cooperation of the Constitutional Court with other state bodies, carrying out more active work on explanation of effective legislation. As a result, everyone will benefit: state, society and each citizen taken separately. One of the most complicated and long-term processes is the process of formation of a state as the state ruled by law. Many states (including the USA and the countries of Western Europe) have been striving for it during centuries (equalizing women's suffrage with men's, abolition of slavery, elimination of discrimination on the grounds of race, national origin, religion, sex etc.). Conflicts of the past and present time in the western democratic countries shall signify about uncertainty of this process, its contradictory nature. The Republic of Belarus as a sovereign state has only a fifteen-year history. For this short period of time the national legal system has been strengthened and developed, legal nihilism has been overcome in many aspects. Such features as supremacy of law, the fact that the state is bound up with its own decisions, become more and more obvious. Modern legislative base that meets world and all-European standards, stability of legal regulation, separation and interaction of powers, security of the rights and freedoms of citizens, judicial protection, development of constitutional justice are those legal values which are inherent in the modern Belarusian state and which should be strengthened and developed to the utmost. On the basis of the Constitution and universally acknowledged principles of international law in the Republic of Belarus, the legislation has been systematized and codified, for the last ten years the legislative base has been created for economic, political and social reforms, ensuring of human rights, freedoms and guarantees of their realization, modern legal ideology has been formed and it should be the property of all the social groups, and not only of law scholars, experts and civil servants. Now, in the opinion of the Constitutional Court, the main centre of gravity should be transferred to the improvement of legislation, its maintenance in such a condition which influences adequately on new public life phenomena and takes into consideration the directions of social progress. On the grounds of international standards this circumstance objectively calls forth the necessity of carrying out more delicate and balanced work of the state bodies in legal sphere that exercise supervision and control, the institute of constitutional control included. The influence of universally acknowledged principles and norms of international law on the content of enactments and practice of their application should be progressively strtengthened. The Constitution of the Republic of Belarus is worked out on the grounds of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other international instruments, ratified by the Republic of Belarus. Many articles of the Constitution and the specified instruments are similar as regards their contents; therefore, there is good cause to further orientation towards the formed international standards. Moreover, the Law "On international treaties of the Republic of Belarus" based on the Constitution, has defined that international legal acts ratified by the Republic of Belarus shall be a part of the effective national legal system. The Program Law of 14 November 2005 "On approval of Basic directions of domestic and foreign policy of the Republic of Belarus" is of a great importance for the development of legal system; it fixes the following constitutional and legal principles: stability of constitutional system, securing of constitutional rights and freedoms of citizens, equality of all forms of ownership, social equity, interaction of legislative, executive and judicial powers in the interests of an individual, society and the state, observance of universally acknowledged principles and norms of international law. In its Messages the Constitutional Court repeatedly outlined the importance of the specified and other universally acknowledged principles and was guided by them while adopting its decisions. The given Program Law will accomplish its purpose, if it becomes really the basis for current law making and law enforcement practice. Development of social relations is usually accompanied by modification of effective legislation. Collisions arising here in the legislation and in law enforcement to a certain extent are explicable with the complexity of performing tasks. In this connection, in the developed countries the settlement of disputes by civilized way, including by the way of their consideration in the Constitutional Court, has already become a standing rule. The Constitutional Court emphasizes that, unfortunately, legal disputes, claims of citizens that quite often long-term are subject to no settlement because of untimely institution of the issues before the Constitutional Court or the legislator on the necessity of their settlement. There are also facts of unqualified legal analysis while passing decisions by some state bodies and officials. In certain instances there are the norms that lost their actuality or that are of low efficiency, however, they impose additional duties upon the citizens. Thus, on 4 October 2005 the Constitutional Court in order to meet the requirements of the legislation concerning temporary restrictions for exit the Republic of Belarus of persons who have not fulfilled property and other obligations, convicts etc., was bound, as a result of the proposal of the Council of Ministers supported by the House of Representatives of the National Assembly, to prolong the term of realization of Judgment of 27 September 2002 under which there were found unconstitutional the enforceable enactments that stipulate putting down the obligatory note in the passport of a citizen of the Republic of Belarus while going abroad. In addition, the Constitutional Court pointed out that putting down the note in passport is only a partial and less effective measure for disclosure of persons with respect to whom, in accordance with the legislation, temporary restrictions for going outside the Republic of Belarus were emerged. The Constitutional Court ruled that the competent state bodies responsible for realization in practice of the right of citizens to the freedom of movement failed to take all the necessary measures on execution of the specified Judgment and ordered to inform the citizens about the perspectives of abolition in future of the note in passport and the possible legal regulation of the procedure of exit the Republic of Belarus and enter the Republic of Belarus. For the period of preservation of the notes in passports for going abroad, the Constitutional Court suggested to take additional measures concerning simplification of the procedure of their putting down, including reduction of the terms for obligatory adoption of the relevant decisions. Certain measures in this direction have been taken. With regard to the specified issues, the Constitutional Court requested the President of the Republic of Belarus to give instructions to the competent state bodies to determine the shortest time period, on the expiry of which the note in passport will be annulled. In 2005, as well as during the previous period, the Constitutional Court paid special attention to the constitutional right of everyone to judicial protection enshrined in the Constitution, and that is also in line with all-European standards. The Constitutional Court in its decisions did it all the best to exclude from the legislation and practice of its application of restrictions in this sphere, as well as to bridge the gaps. Nevertheless, some issues remain unsolved. For instance, in the opinion of the Constitutional Court, despite of making relevant addenda to the Criminal Executive Code, the courts of common law, regardless of Article 60 of the Constitution, refuse unlawfully judicial appeal of the disciplinary penalty imposed on prisoners. At present time, these complaints are subject to consideration only by the bodies of the Procurator's office. The Constitutional Court considers also that in order to secure effectiveness of justice, the requirements on legal composition of the court should be strictly observed. Fulfillment by the courts of common law and by economic courts of the requirements of Article 112 of the Constitution, concerning raising under the prescribed procedure of an issue on constitutionality of the enactment which is subject to application during consideration of a certain case, would also promote timely exclusion of unconstitutional norms from the legal system, formation of judicial practice orientated to the protection of the rights and legal interests of citizens and organizations. Incorrect interpretation of the content of constitutional norms, orientation, first of all, on the acts of current legislation, sometimes shall lead to aggravation of legal conflict and delay of its legal settlement for a long time. During previous years applications of convicts, concerning inapplicability with respect to them of laws on amnesty, were subject to consideration by the Constitutional Court. The Constitutional Court found that the persons who had committed crimes before the day of entry into legal force of the law on amnesty and persons who had been convicted before or at the time of its execution, got the right to amnesty which could not be limited because of their sentences were subsequently cancelled, and new sentences were delivered on the expiry of the term of execution of the law on amnesty. Contrary to this obvious conclusion, practice is continued developing in direction of non-finding of the right to amnesty for the specified convicts, and applications to the Constitutional Court are the evidence of this. Analysis of the criminal legislation and results of its application, consecutive work of the Ministry of Internal Affairs and other law enforcement bodies on suppression and prevention of crimes, mentality of mostly law-abiding Belarusian citizens, are the grounds for proposals on decriminalization of certain actions qualified as crimes and their referring to administrative offences. Execution of decisions of the Constitutional Court, realization of its proposals really promote strengthening of constitutional legality in law making and law enforcement. In this area the Constitutional Court fruitfully cooperates with the bodies of representative and executive powers. Thus, the Government according to the proposals of the Constitutional Court has determined conditions of indemnification for damage caused life or health of citizens due to liquidation of legal entities obliged to make payments for those damages; has made amendments to the procedure of placing of outdoor advertising; has changed the norms of the Regulations on State Power Supervision in the Republic of Belarus directed to securing of the constitutional right to inviolability of dwelling. A number of other decisions of the Constitutional Court found also their realization in the acts of the state bodies. At the same time, citizens persistently continue to bring before the Constitutional Court the issues which should not be considered by the Constitutional Court, but by other state bodies because of mainly economic or other special character of these issues (in particular, issues concerning compensation for losses to population arising from depreciation of deposits, meeting by the state of obligations on the state special-purpose interest-free loan of the USSR of 1990, relevant payments to prisoners connected with their keeping in camp of death "Ozarichi", putting down personal number in passports of citizens of the Republic of Belarus, etc.). The Constitutional Court emphasizes that the increase of effectiveness of legal system, the further realization of principles of social state ruled by law set up by the Constitution, will favour securing direct application of the norms of the Constitution, as well as elimination of existing shortcomings connected with collisions of norms and deficiency of legislation, exceeding by the state bodies of their powers, inconsistency of enactments of different levels, untimely clarification and relevant interpretation of the norms of law, negative law enforcement practice. The gradual work of State and the bodies thereof as regards securing of the supremacy of constitutional norms, human rights and freedoms and rights and liberties of a citizen, strengthening of constitutional legality in all the spheres of public life shall be the main condition of development of the Republic of Belarus as a democratic social state ruled by law. The Present Message was adopted at the session of the Constitutional Court of the Republic of Belarus of 1 February 2006. Presiding Officer — Chairman of the of the
of Republic of Belarus
A.G. Lukashenko
To House of Representatives
of National Assembly
of Republic of Belarus
To Council of Republic
of National Assembly
of Republic of BelarusMESSAGE OF CONSTITUTIONAL COURT OF REPUBLIC OF
ON CONSTITUTIONAL LEGALITY IN
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