The proceedings were initiated by the Constitutional Court in accordance with Articles 158.1 and 158.4 of the Law of the Republic of Belarus “On Constitutional Proceedings” on the basis of the application submitted to the Constitutional Court by the Republican Public Association “Belarusian Scientific and Industrial Association”. The applicant points out that the legal rules delegating the right (imposing the obligation) to the executive authorities to provide clarification on the application of the legislation do not contain provisions defining the legal status of such clarifications as having a normative character; they do not establish the responsibility of the executive authorities for non-fulfillment or improper fulfillment of this obligation; they do not guarantee judicial protection of the rights and legitimate interests of economic entities.

When considering the case, the Constitutional Court established the following.

The Constitution of the Republic of Belarus stipulates that the Republic of Belarus is a state based on the rule of law (Article 1.1); the individual, his rights, freedoms and guarantees to secure them are the supreme value and goal of the society and the State (Article 2.1); safeguarding the rights and freedoms of citizens of the Republic of Belarus shall be the supreme goal of the State  which shall guarantee the rights and freedoms of citizens of Belarus that are enshrined in the Constitution and laws, and specified by the State's international obligations (Articles 21.1 and 21.3). The Republic of Belarus shall be bound by the principle of supremacy of law; the State and all the bodies and officials thereof shall operate within the confines of the Constitution and acts of legislation adopted in accordance therewith (Articles 7.1 and 7.2).

In accordance with the Law of the Republic of Belarus “On Normative Legal Acts” (hereinafter – the Law), rule-making bodies (officials) implementing state policy, carrying out legal regulation and management in a specific sector (field of activity) or whose competence includes the resolution of relevant issues, or other authorised state bodies (organisations), if necessary, shall prepare written explanations on the application of normative legal acts (Article 69.2.1); this is one of the ways to ensure the implementation of legal acts following their adoption (publication) (Article 73.1). When giving a written explanation of a normative legal act, it is not allowed to change the content of its normative legal requirements, introduce or strengthen the responsibility of individuals and legal entities, restrict their rights and freedoms or deprive them of existing rights and freedoms, impose additional (increased) duties compared to existing ones, or establish a complicated procedure for the exercise of these rights, freedoms and duties (Article 69.3 of the Law).

Based on the analysis of the legislation and law enforcement, the Constitutional Court established that written explanations by authorised state bodies on the application of normative legal acts are of a special legal nature and do not belong to normative legal acts, do not specify and supplement legal regulation, but they are aimed at creating a uniform practice of application of existing legal rules. At the same time, the Law, empowering authorised state bodies (organisations), if necessary, to prepare written explanations on the application of normative legal acts, does not provide for the legal force and character of such written explanations.

In the light of the foregoing, the Constitutional Court concluded that the Law “On Normative Legal Acts” contains legal uncertainty in the legal regulation of written explanations on the application of normative legal acts prepared by authorised state bodies (organisations). The specified defect of legal regulation gives rise to the possibility of ambiguous understanding of legal rules and their inconsistent application, which may lead to violation of the constitutional guarantees for the exercise and protection of the rights, freedoms and legitimate interests of individuals and legal entities, as well as damage to the person or property of an individual or legal entity.

In order to ensure the constitutional principle of the rule of law, to eliminate legal uncertainty in the legal regulation of written explanations on the application of normative legal acts adopted by authorised state bodies (organisations), the Constitutional Court found it necessary to make amendments to the Law “On Normative Legal Acts” aimed at establishing legal force and character of written explanations on the application of normative legal acts.

The Council of Ministers of the Republic of Belarus has been asked to draft a law on making amendments to the Law of the Republic of Belarus “On Normative Legal Acts” and to submit it to the House of Representatives of the National Assembly of the Republic of Belarus according to the established procedure.