Bulletin of the Constitutional Court
3/2016
· 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 6, 2016
No. D-1042/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Republican Budget for 2015» to the Constitution of the Republic of Belarus»
No. D-1042/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Republican Budget for 2015» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 6, 2016
No. D-1043/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Budget of the State Non-Budgetary Fund of the Department of Corrections of the Ministry of Internal Affairs of the Republic of Belarus for 2015» to the Constitution of the Republic of Belarus»
No. D-1043/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Budget of the State Non-Budgetary Fund of the Department of Corrections of the Ministry of Internal Affairs of the Republic of Belarus for 2015» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 6, 2016
No. D-1044/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Budget of the State Non-Budgetary Fund of Civil Aviation for 2015» to the Constitution of the Republic of Belarus»
No. D-1044/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Budget of the State Non-Budgetary Fund of Civil Aviation for 2015» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 6, 2016
No. D-1045/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Budget of the State Non-Budgetary Social Protection Fund of the Republic of Belarus for 2015» to the Constitution of the Republic of Belarus»
No. D-1045/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Report on Execution of the Budget of the State Non-Budgetary Social Protection Fund of the Republic of Belarus for 2015» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 6, 2016
No. D-1046/2016«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 Plant Protection» to the Constitution of the Republic of Belarus»
No. D-1046/2016«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 Plant Protection» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 6, 2016
No. D-1047/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to the Natural Resources Code of the Republic of Belarus» to the Constitution of the Republic of Belarus»
No. D-1047/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to the Natural Resources Code 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 6, 2016
No. D-1048/2016 «On the Conformity of the Law of the Republic of Belarus «On State Environmental Expertise, Strategic Environmental Assessment and Environmental Impact Assessment» to the Constitution of the Republic of Belarus»
No. D-1048/2016 «On the Conformity of the Law of the Republic of Belarus «On State Environmental Expertise, Strategic Environmental Assessment and Environmental Impact Assessment» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 6, 2016
No. D-1049/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Criminal Executive Code of the Republic of Belarus» to the Constitution of the Republic of Belarus»
No. D-1049/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Criminal Executive Code 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 6, 2016
No. D-1050/2016 «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 State Statistics» to the Constitution of the Republic of Belarus»
No. D-1050/2016 «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 State Statistics» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 6, 2016
No. D-1051/2016 «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 Improving the Public Prosecution Structure» to the Constitution of the Republic of Belarus»
No. D-1051/2016 «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 Improving the Public Prosecution Structure» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 8, 2016
No. D-1052/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Land Code of the Republic of Belarus» to the Constitution of the Republic of Belarus»
No. D-1052/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Land Code 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, 2016
No. D-1053/2016 «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 Employment of the Population of the Republic of Belarus» to the Constitution of the Republic of Belarus»
No. D-1053/2016 «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 Employment of the Population 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, 2016
No. D-1054/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and an Addendum to the Law of the Republic of Belarus «On Social Protection Guarantees for Orphans, Children Deprived of Parental Care as well as Those Referred to as Orphans and Children Deprived of Parental Care» to the Constitution of the Republic of Belarus»
No. D-1054/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and an Addendum to the Law of the Republic of Belarus «On Social Protection Guarantees for Orphans, Children Deprived of Parental Care as well as Those Referred to as Orphans and Children Deprived of Parental Care» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 8, 2016
No. D-1055/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to Certain Laws of the Republic of Belarus on Flora Resources Treatment» to the Constitution of the Republic of Belarus»
No. D-1055/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Addenda and Alterations to Certain Laws of the Republic of Belarus on Flora Resources Treatment» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 8, 2016
No. D-1056/2016 «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 Tourism» to the Constitution of the Republic of Belarus»
No. D-1056/2016 «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 Tourism» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 8, 2016
No. D-1057/2016 «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 Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances, Their Precursors and Analogues» to the Constitution of the Republic of Belarus»
No. D-1057/2016 «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 Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances, Their Precursors and Analogues» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 8, 2016
No. D-1058/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Criminal Code of the Republic of Belarus, the Code of the Republic of Belarus on Administrative Offences and the Procedural and Executive Code of the Republic of Belarus on Administrative Offences» to the Constitution of the Republic of Belarus»
No. D-1058/2016 «On the Conformity of the Law of the Republic of Belarus «On Making Alterations and Addenda to the Criminal Code of the Republic of Belarus, the Code of the Republic of Belarus on Administrative Offences and the 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 8, 2016
No. D-1059/2016 «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 Fighting Corruption» to the Constitution of the Republic of Belarus»
No. D-1059/2016 «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 Fighting Corruption» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 8, 2016
No. D-1060/2016 «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 the Procedure and Conditions of Detention of Persons in Custody» to the Constitution of the Republic of Belarus»
No. D-1060/2016 «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 the Procedure and Conditions of Detention of Persons in Custody» to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 11, 2016
No. D-1061/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Military Doctrine of the Republic of Belarus» to the Constitution of the Republic of Belarus»
No. D-1061/2016 «On the Conformity of the Law of the Republic of Belarus «On Approval of the Military Doctrine 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 11, 2016
No. D-1062/2016 «On the Conformity of the Code of the Republic of Belarus on Culture to the Constitution of the Republic of Belarus»
No. D-1062/2016 «On the Conformity of the Code of the Republic of Belarus on Culture to the Constitution of the Republic of Belarus»
Decision of the Constitutional Court of the Republic of Belarus of July 11, 2016
No. D-1063/2016 «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 Forced Migration» to the Constitution of the Republic of Belarus»
No. D-1063/2016 «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 Forced Migration» to the Constitution of the Republic of Belarus»
· Scientific Information
Sergeeva O.G. Constitutional and Legal Aspects of Participation of Individuals in the Administration of Justice
The article deals with the constitutional and legal aspects of participation of individuals in the administration of justice as people's assessors. The author retraces the history of the legal regulation of such participation as a form of exercise of power by the people. The author proves the importance of this legal institution in the democratization of legal proceedings, providing for additional guarantees for the protection of the human rights, freedoms and legitimate interests.
Danilyuk S.Y.Constitutional and Legal Bases for the Limitation of the Human Rights and Freedoms
This article deals with issues of the limitation of the human rights and freedoms taking into account the general theoretical approaches, as well as the international legal standards that have been reflected in the legal positions of the Constitutional Court of the Republic of Belarus.
The author grounds the conclusion that the principles of humanism and justice should be a universal criterion for permissible limitation of rights and freedoms.
· International Experience in the field of Constitutional Justice
Tikovenko A.G.Indirect Access to Constitutional Justice in the French Republic
The author considers the legislative bases of the subsequent (concrete) constitutional review in France and takes up the implementation of Article 112.2 of the Constitution of the Republic of Belarus as a form of indirect access to constitutional justice. The main attention is paid to the new French procedure of the subsequent constitutional review – the priority preliminary ruling on the issue of constitutionality (la question prioritaire de constitutionnalité).
Rodiņa Anita. An Individual and the Constitutional Court: Content of the Constitutional Complaint in Latvia
In the article the author points out the importance of the protection of fundamental human rights and characterises the object and the subject of the constitutional complaint – one of legal remedies in Latvia which can be used by an individual. On the basis of the analysis of the theory and the most recent court practice the author deals with common elements of locus standi: violation, principle of subsidiarity and term to be observed in case of submission of a constitutional complaint. The author gives statistics and scientific views concerning the efficiency of the Constitutional Court and importance of the constitutional complaint within the system of legal remedies.