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, G.A. Vorobei, K.I. Kenik, V.V. Podgrusha, A.A. Sarkisova, A.G. Tikovenko, R.I. Filipchik, V.I. Shabailov, G.B. Shishko, V.Z. Shuklin, having considered the issue on constitutional legality in the Republic of Belarus, guided by Article 44 of the Law "On the Constitutional Court of the Republic of Belarus" and Article 80 of the Rules of Procedure of the Constitutional Court, 

RULED: 

1. To adopt Message of the Constitutional Court of the Republic of Belarus to the President and chambers of the Parliament of the Republic of Belarus "On constitutional legality in the Republic of Belarus, 1998" (text is enclosed). 

2. To publish Message "On constitutional legality in the Republic of Belarus, 1998" in the newspapers "Zvyazda" and "Narodnaya gazeta", as well as in "Vedamastsi Natsiyanalnaga skhodu Respubliki Belarus" and in "Vesnik Kanstytutsijnaga Suda Respubliki Belarus" in ten days term from the moment of adoption.  

    The Constitution promulgates the Republic of Belarus as a unitary, democratic, social state based on the rule of law. The most important task of the State ruled by law shall be ensuring and protection of individual rights and freedoms. Under Article 2 of the Constitution individual, his rights, freedoms and guarantees for their attainment manifest the supreme goal and value of society and the State. The solution of this task needs efforts of all state bodies, officials and other persons which are entrusted to exercise state functions and which are responsible for the actions violating individual rights and freedoms.  

    Part three of Article 21 of the Constitution determined that the State shall guarantee the rights and liberties of the citizens of Belarus that are enshrined in the Constitution and the laws, and specified in the state's international obligations. The Constitutional Court as a constituent part of state mechanism of realization of the guarantees in question has taken within its powers all the available measures which are necessary for ensuring individual rights and freedoms, strengthening of constitutional legality. Its activities in this direction in 1998 had special significance in connection with 50th anniversary of the Universal Declaration of Human Rights.  

I

    In 1998 the Constitutional Court of the Republic of Belarus has delivered 11 Judgments. (In 1996 the Constitutional Court delivered 12 Judgments, 6 of them - on the cases brought at its own discretion).  

    There have been verified 8 laws, 2 resolutions of the Supreme Council, 2 resolutions of the Government, 3 resolutions of the Plenum of the Supreme Court of the Republic of Belarus and 5 departmental enforceable enactments. On the results of examination of 15 enforceable enactments there have been found to be unconstitutional in part 7 laws included. The enforceable enactments which regulate different legal relations and in view of their actuality and significance for the citizens of the Republic of Belarus, as well as in connection with the absence of the uniform practice of their application have become the subjects to the verification in the Constitutional Court. The Constitutional Court while examining the cases paid special attention to the issues of verification of the conformity between the norms of branch legislation and international standards in the field of observance of human rights and basic freedoms. 

    The considerable part of the cases examined in 1998 were the cases on the constitutionality of the norms of administrative legislation and criminal legislation of procedure. All of them concerned the issues of ensuring of the guarantees of the rights of the persons who are calling to administrative responsibility and criminal liability. Solution of these issues took on special actuality in view of the fact, that the process of reforming of criminal legislation, legislation of criminal procedure and administrative legislation in the Republic of Belarus still continues and application of a number of norms of the effective codes, which are at variance with the Constitution and international legal acts ratified by the Republic of Belarus, has resulted in the violation of the constitutional rights of the citizens. 

    Based on the provisions of the Constitution as well as on the requirements of the International Covenant on Civil and Political Rights, the Constitutional Court found to be unconstitutional Article 246 of the Administrative Code of the Republic of Belarus in part of impossibility of a person to appeal against administrative detention, personal examination, inspection of belongings and withdrawal of belongings and documents. 

    The Constitutional Court has also found to be unconstitutional and at variance with the Covenant in question points 1, 2, 3 of Article 267 of the Administrative Code of the Republic of Belarus and paragraph two of point 2 of Ruling of the Plenum of the Supreme Court of the Republic of Belarus of 20 September 1990 No. 7 "On the practice of the examination by the courts of the Republic of Belarus of the complaints against the actions of the bodies and officials in connection with imposition of administrative penalties" in part of non-recognition of the right of a citizen to appeal against the ruling on the case of administrative infringement in the event of appealing against the ruling to higher official and points 4 and 5 of the Article in question - in part of securing of the rule on appealing of the rulings to higher body (higher official) and deprivation of the citizen's right to appealing to the court against the ruling on imposition of administrative penalty as a notice fixed on the scene of an offence without making minutes. 

    The Constitutional Court in its Judgments on these cases has explicitly pointed out direct action of Article 60 of the Constitution under which everyone shall be guaranteed protection of one's rights and liberties by a competent, independent and impartial court of law. In addition, the Constitutional Court considers that application of the given constitutional norm may not be restricted both by legislative enactments and law enforcement practice in the event of gaps in legislation included. Such a conclusion acquires special significance in connection with the fact that in practice certain state bodies and officials misinterpret the constitutional prescriptions and refuse the citizens' rights to judicial protection. 

    The Constitutional Court has found to be at variance with the Constitution and International Covenant on Civil and Political Rights point 3 of part two of Article 66 of the Code of Criminal Procedure of the Republic of Belarus (CCP), since the contained in this norm prohibition to interrogate as witnesses of close relatives and members of family of a person who committed a criminal offence has restricted the right of witnesses in the presence of their consent to give evidence on the case. Moreover, the specified norm has restricted the rights of the suspect, accused or defendant to protection, so far as their close relatives and members of family had know the essential circumstances on the case, the circumstances acquitting the person in question or extenuating his responsibility included. 

    In the process of examination of the given case, it has been established that in spite of evident unconstitutionality of the specified norm, which was effective during almost two years and the application of which made it difficult to carry out criminal proceedings as well as violated the constitutional rights of the citizens, law enforcement bodies, with the exception of the Procurator-General of the Republic of Belarus, did not put in the established procedure the issue on finding that norm to be unconstitutional. 

    In the case on the conformity between the Constitution and part five of Article 92 of CCP it has been verified the norm which envisaged, that the time of familiarization of the accused and his defender with the criminal case materials while calculating the term of detention as a preventive punishment shall not be considered. The Constitutional Court has found the given norm to be at variance with the Constitution and instruments of international law in the part where it contains no rule on detention of the accused on the grounds of the written ruling of the court or other authority specified in law during the familiarization of the accused and his defender with the criminal case materials on the expiry of the time limit of detention envisaged by part two of Article 92 of CCP. The Constitutional Court emphasized that the verifying norm makes it possible in fact to restrict the freedom of the accused during his familiarization and familiarization of the defender with the criminal case materials on the expiry of the time limit of detention envisaged by part two of Article 92 of CCP without making relevant decision by competent authorities specified in Article 7 of CCP. Detention is the most strict preventive punishment which shall essentially restrict the right of freedom and personal inviolability. Therefore, the instances, procedure and terms of application of that preventive punishment shall be regulated by the law in detail. The Constitutional Court has also pointed out that the accused in detention during the period of familiarization with criminal case materials over the time limit of detention, envisaged by part two of Article 92 of CCP, is formally restricted in the possibility to appeal to the court against detention, so far as in this case it is not envisaged the delivering of the decision on the prolongation of the term of detention by the court or by the relevant public procurator. 

    In the case on the conformity between the Constitution and part three of Article 404 of CCP the Constitutional Court has come to the conclusion that vesting the court (judge) with the obligation to formulate accusation in the ruling on institution criminal proceedings while examining criminal cases in the procedure of protocol form of pre-trial preparation of the materials is at variance with the Constitution under which everyone shall be guaranteed the protection of one's rights and liberties by a competent, independent and impartial court of law. The exercise of the functions of investigation and administration of justice by the same court shall violate the enshrined in the Constitution principle of the adversarial proceedings and equality of the parties involved in the trial, other principles of criminal proceedings as well as restrict the right to judicial aid. 

    The Constitutional Court has made the conclusion that finding part three of Article 404 of CCP, which entrusts the court with the obligation to formulate the accusation, to be at variance with the Constitution and instruments of international law shall not exclude the possibility to use in the criminal proceedings of the institute of protocol form of pre-trial preparation of the materials on the condition that all the requirements on proper securing of the rights and lawful interests of all participants of the process would be observed. 

    The Constitutional Court pays attention that in view of more complete securing of the adversarial proceedings and equality of parties, impartiality of the court, it is admissible, before making amendments to CCP in accordance with the Judgment of the Constitutional Court, to establish the practice under which the formulation of accusation and examination of the cases would be carried out by different compositions of the court (judges). 

    In the case on the conformity between the Constitution and parts three and four of Article 123 of CCP brought in connection with the dispute on the jurisdiction of the criminal cases on the crimes committed by minors in complicity with the person reached the age of 18, the Constitutional Court has found the norms under verification to be at variance with the Constitution. The Constitutional Court ruled that the right to pass decisions on the jurisdiction of the criminal cases shall be the right of the bodies of the Procurator's office within their powers. 

    The subjects to examination of the Constitutional Court were the norms of family, labour legislation, issues of social security. Their analysis signifies that the legislation in the given field as well as the practice of its application need to be improved. 

    The Constitutional Court has verified the conformity between the Constitution, laws of the Republic of Belarus and point 38 of Ruling of the Plenum of the Supreme Court of the Republic of Belarus of 17 June 1994 No. 5 "On some issues of application by the courts of the legislation while settling labour disputes" with amendments made thereto by Rulings of the Plenum of the Supreme Court of the Republic of Belarus of 16 December 1994 No. 12 and of 28 June 1996 No. 8. The Constitutional Court has found the norm under verification to be at variance with the Constitution and laws of the Republic of Belarus in part of explanation of the right of an employer to conceal labour contract with employee under point 1 of Article 33 of the Labour Code of the Republic of Belarus in case of refusal of an employee to conclude the contract on full material liability on the reasonable excuse and if formerly executed work did not require conclusion of the contract in question as well as there have been no possibility to transfer an employee to another work with his consent included. In addition, the Constitutional Court emphasized that the norms which restrict the rights and freedoms, establish the obligations of the citizens shall come into force after their official publication only. 

    The social insurance issues have been touched upon in the case brought on the initiative of the Supreme Economic Court of the Republic of Belarus. That case concerned the constitutionality of point 25 of the List of types of payments to which no dues on state social insurance are calculated approved by the Ministry of social protection and the Ministry of labour, sub-items 5.2, 5.3 of the Instruction on the procedure of collection and accounting of insurance dues to the Fund of social protection of population of the Republic of Belarus approved by the Board of the Fund of social protection of population of the Republic of Belarus, sections 9, 10, 11 of the Instruction on statistics of the size of the workers and wage approved by the Ministry of statistics and analysis. 

    While delivering the Judgment, the Constitutional Court has taken into account that the Constitution guarantees the citizens of the Republic of Belarus the right to social security in old age, in the event of illness, disability, loss of fitness for work and loss of a bread-winner as well as in other instances specified in law. The Constitutional Court proceeded from the fact that the main resource of covering the revenue of the budget of the Fund of social protection of the population shall be mandatory insurance dues paid by juridical persons and by the citizens. 

    Having estimated the raised questions in the aggregate with the concrete law enforcement practice, the Constitutional Court has come to the conclusion that regulation of the relations concerning the payment of mandatory insurance dues, including the determination of the composition of the object of imposition, establishment of the benefits on the object shall be carried out on the level of the enforceable enactments rather than of the acts of the ministries and departments. 

    The Constitutional Court of the Republic of Belarus in its Judgment has found to be unconstitutional point 25 of the List of types of payments to which no dues on state social insurance are calculated based on the fact that the regulation of the issues it contains is not referred in the established procedure to the competence of the ministries and other republican bodies of state government, as well as sections 9, 10, 11 of the Instruction on statistics of the size of the workers and wage. 

    In addition, the Constitutional Court paid attention to the fact that the Instruction on statistics of the size of the workers and wage destined for the guidance while making accounting on work by juridical persons, however in practice it has been used for the determination of the composition of the objects (wage fund, wage in money and natural forms) while calculating mandatory insurance dues. Such a situation has become possible owing to the fact that the issues on the composition of the objects of imposition on mandatory insurance dues did not find proper solution by the competent authorities. Therefore, the Constitutional Court, for the removal from the gaps in regulation of the order of covering the budget of the Fund of social protection of the population of the Ministry of social protection of the Republic of Belarus, has proposed the National Assembly of the Republic of Belarus to adjust the legislation which regulates the relations in the sphere of state social insurance. The relevant alterations and addenda have been made by the National Assembly into the Law "On the amounts of mandatory insurance dues to the fund of social protection of the population of the Ministry of social protection of the Republic of Belarus". 

    Having examined the case on the constitutionality of part two of Article 116 of the Code of laws relating to marriage and family of the Republic of Belarus, the Constitutional Court has found to be unconstitutional the extrajudicial procedure of adoption without the consent of the parents and the persons in loco parentis. The conclusions of the Court have been based both on the requirements of the Constitution and the norms of international treaties ratified by the Republic of Belarus which envisage only the judicial procedure of separation of the children from their families against the consent of the parents and other persons in loco parentis. 

    In the case brought on the initiative of the Supreme Economic Court concerning the activities of private notaries in the Republic of Belarus during the holding of the experiment the Constitutional Court has found to be unconstitutional the resolutions of the Supreme Council of the Republic of Belarus adopted in 1992 and 1994 which started the private notaries activities. Thereby the Constitutional Court has confirmed the possibility of existence of the private notariate equally with the state notariate. At the same time the Constitutional Court has come to the conclusion that there were the Government, the Ministry of justice and the Ministry of finance of the Republic of Belarus which had, within their powers and after adoption by the Supreme Council of the relevant resolutions, to settle in time the issues of the organization of the experiment on carrying out private notarial activities, improperly executed the instructions of the legislative body, that was resulted in serious violations in the field of incomes taxation, in unlawful change of state duty for notarial actions for the notarial due which has not been entered the budget and was accounted for the income of private notaries. The Constitutional Court in its Judgment specially emphasized that the issues connected with rehabilitation of the legality in the activities of private notaries as well as reimbursement for the damages caused the state, shall be decided by the competent authorities based on the responsibility of the state bodies involved in the experiment for non-securing of proper legal regulation of the procedure of organization and activities of private notaries. 

    In its Judgment on the case "On the conformity between the Constitution of the Republic of Belarus and the Law "On the main principles of the nation's power in the Republic of Belarus" the Constitutional Court has stated that the Constitution of 1994, having secured the principles of the sovereignty of the people and separation of powers, determined other than the Constitution of 1978 approaches towards organization and activities of the bodies of state power and therefore, the norms of the law which establish other as compared with the Constitution competence of state bodies, are unconstitutional. The Constitutional Court has also emhpasized that a number of norms of the law in question has lost and alter their significance in connection with the dissolution of the Union of SSR and the adoption of the new Constitution of the Republic of Belarus. At the same time the Constitutional Court has noted that on the ground of the resolution of the Supreme Council of 16 December 1992 "On reservation to the Agreement on creation of the Commonwealth of Independent States" the legislation of the former USSR may be applied in the Republic of Belarus in the procedure specified in the given law. 

    The Constitutional Court has also come to the conclusion on the unconstitutionality of the provision of the law in question which allows for the judges, officials of the procurator's office, officers of the bodies of internal affairs, the Committee of state control, bodies of security as well as servicemen during the period of executing of their liabilities to be the members of the political parties and other public associations, which pursue the political goals. 

    The analysis of the cases examined in 1998 indicates that in spite of the presence in the legislation of the norms which are at variance with the Constitution, instruments of international law ratified by the Republic of Belarus as well as their application in practice, not all the subjects authorized to file their constitutional motions to the Constitutional Court has made their proposals on the verification of the enforceable enactments. The Chambers of the National Assembly, the Council of Ministers have never used their powers to institute the constitutional proceedings. The initiators of the constitutional motions were the President of the Republic of Belarus and the Supreme Economic Court of the Republic of Belarus. 

    The solution of the cases in the Constitutional Court is often perceived on the part of certain persons as something extraordinary, whereas in the state with stable democratic traditions the constitutional control is considered to be one of the most effective forms of reaction to the violations of the constitutional legality and objective, impartial settlement of the disputes on the constitutionality of legal acts. 

    The Constitutional Court has also emphasized that the courts practically do not realize the obligatory requirements of Article 112 of the Constitution and Article 6 of the Law "On the Constitutional Court of the Republic of Belarus" to put in the established procedure the issue on finding an enforceable enactment to be unconstitutional, if while examining the concrete cases they arrive at the conclusion of the inconsistency of an enforceable enactment with the Constitution. Non-fulfilment by the court of the given requirement shall lead to the application for a long time of the contradictory to the Constitution enforceable enactments, prevents from quick forming of the uniform practice that affects constitutional legality. The cases examined by the Constitutional Court in 1998 confirms the initiativelessness of the advocateship in this direction as well. The Constitutional Court has no information that there have been made by the advocates the motions on civil and criminal cases in the courts on the verification in the specified procedure of the constitutionality of the acts to be applied in the concrete case. 

    The Constitutional Court makes positive estimation of the activities of the state bodies and officials concerning the execution of the Judgments of the Constitutional Court adopted in 1997 and in 1998. The National Assembly, the Government, the ministries and other republican bodies of state government, whose acts were subjects to examination in the Constitutional Court, make necessary amendments thereto in time, the law enforcement practice is corrected properly. The conclusions of the Constitutional Court are also taken into account when preparing draft enforceable enactments. 

II 

    One of the most important sources of information on the constitutional legality in the country are the complaints of the citizens to the competent state authorities concerning the violation of their rights, freedoms and lawful interests. 

    Under Article 40 of the Constitution of the Republic of Belarus everyone shall have the right to address personal or collective appeals to state bodies which shall consider any appeal and furnish a reply in point of substance within the period specified in law. 

    Last year the Constitutional Court received about 800 individual and collective complaints of the citizens and public associations. The considerable part of the complaints of the citizens in their content go beyond purely personal interests, they have social significance and allow to make certain conclusions on the degree of legal protectability of different categories of the citizens. Many of them contain both the critical statements about concrete state bodies, officials who ignore their rights, liberties, lawful interests and the estimations of the effective legislation which, in their opinion, insufficiently guarantees the constitutional status of a person and a citizen, there are issues on the necessity to amend the legislation as well as the practice of its application. 

    The Constitutional Court on 17 March 1998 has solved the question on the work with the complaints of the citizens and adopted the decision envisaged that the work with the complaints shall promote more full realization by the citizens of their constitutional rights and freedoms, revealing of the acts for the verification of their constitutionality, improvement of the legislation, establishment of the legality in law making and law enforcement. 

    As the Constitutional Court has no right to deliver the Judgments on the constitutionality of the enforceable enactments on the proposals of the citizens, it uses other forms of the settling of their complaints under the Constitution, laws "On the complaints of the citizens" and "On the Constitutional Court of the Republic of Belarus". There have been made relevant explanations in response to the complaints, where it was necessary the complaints have been forwarded to the authorities, which have the powers to examine them, with the request to solve the emerged issues. In most cases these state bodies (the Council of Ministers, the Procurator's office of the Republic, the ministries of justice, social protection, labour, education, internal affairs, defence, bodies of local government and self-government) reacted to the addresses of the Constitutional Court positively and in time. 

    In January 1998 the Constitutional Court received the collective complaint of the citizens-entrepreneurs (about 5 thousand), complaints of the Belarusian Federation of trade unions, trade unions of the entrepreneurs, the Belarusian union of tax payers, other public associations on the issue of the legality of the establishment of the procedure of taxation based on the aggregate annual income envisaged by the Methodical instructions of the Main state tax inspection under the Cabinet of Ministers of the Republic of Belarus (at present - the Main tax committee of the Republic of Belarus) on the procedure of application of Law "On the income tax from the citizens" of 12 April 1996 No. 5 (with alterations and addenda made thereto by the State tax committee in 1997). As a result of the complaints in question the Constitutional Court, having found the inconsistency of the given procedure with the Constitution and the laws and adopted the relevant decision, on 29 April 1998 forwarded to the Government of the Republic of Belarus the proposals on the annulment of the contradictory to the legislation norms (Vesnik Kanstytutsijnaga Suda Respubliki Belarus, 1998 No. 2). The State tax committee has repealed in its order of 4 February 1998 No. 20 the provisions of the Methodical Instructions which are inconsistent with the legislation. 

    In connection with the complaints of the citizens concerning the essential restriction of the rights of the owners of the means of transportation (vehicles) transferred across the border to invest the close relatives, who do not live together with them, with the power of attorney for the right to use these means of transportation, the Constitutional Court on 7 May 1998 has send to the Council of Ministers the letter which contained the practicability to amend the Provision on the procedure of transfer of the natural persons of their personal possessions across the customs border of the Republic of Belarus in regard to the possibility to use this mean of transportation by the close relatives of the owner under the power of attorney irrespective of their place of living. The Council of Ministers of the Republic of Belarus in its resolution of 17 September 1998 No. 1457 "On making the alteration in resolution of the Council of Ministers of the Republic of Belarus of 10 April 1997 No. 315" has repealed the specified restrictions. 

    In 1998 the Constitutional Court has been received the complaints of the convicted who were refused the pre-term conditional release from punishment in connection with the fact, that the Law of 31 December 1997 "On making alterations and addenda into the Criminal Code, the Code of Criminal Procedure and the Reformatory Code of the Republic of Belarus" had raised the minimum and maximum terms of imprisonment for certain grave crimes. The Constitutional Court, having found the complaints in question to be well-founded, in its letter to the Procurator-General of the Republic of Belarus has set down its opinion concerning the fact that while applying to the persons, convicted before coming into force of the given law, of the pre-term conditional release from punishment and change of the punishment for the more lenient one, as well as conditional release from the places of confinement with obligatory labour the terms of the endured punishment shall be calculated on the grounds of the sanctions of the articles of the Criminal Code under which they have been convicted, i.e. the more extenuating law shall be applied. As a result the Procurator-General of the Republic of Belarus proposed the Committee on the execution of the punishments of the Ministry of internal affairs and the subordinate public procurators of the Procurator's office to remove from the committed breaches of the law. 

    A number of well-grounded complaints of the citizens concerned the decisions of the local bodies of power. After their study in the Constitutional Court and making of the relevant proposals the complaints have been settled positively by the bodies which adopted these decisions. 

    The Constitutional Court goes on receiving the complaints of the citizens on the issues of the privatization of the rooms in the communal flats. The complaints note that the effective Law "On privatization of the housing stock in the Republic of Belarus" restricts the possibility of such a privatization as well as put them in unequal condition with other renters of living accommodations. 

    Certain complaints concern the decisions oblast (regional) executive committees which envisage the possibility to realize the right to registration of those who are in need of the improvement of living conditions depending on the terms of their residence (residence permit) in the given locality. 

    The Constitutional Court, taking into account the social significance of these issues, their multivalued solutions and estimations, the existing disputes, emphasizes that a number of the effective enforceable enactments of the local Councils, the executive and administrative bodies are subjects for the verification of their conformity with the Constitution. The Council of the Republic of the National Assembly as the chamber of the territorial representation may be made its contribution to solve the given issues. 

    Many of the complaints of the citizens point to the necessity of the improvement of the legislation on the veterans. Particularly there is a question concerning the pension securing of the persons who under the Law "On veterans" are rated as war veterans (citizens who, as the members of special formations, took part in mine clearing of the territory after its liberation from German occupation in 1943 - 1945, as well as the workers of special formations who have been given during the Great Patriotic War the status of the persons who were in the ranks of the Red Army and carried out the tasks in the interests of the army and navy within the rear limits of the effective fronts or of the operative zones of the effective fleets). The Law "On pension security" shall not envisage the raise of the pensions for the persons in questions in contrast to other veterans. Such a settlement of the issue is considered by the citizens as socially unfair because the persons acknowledged to be the veterans of war are in unequal legal status. In this connection it would be reasonable to solve the problem in question in new draft Law "On veterans". 

    There have been the complaints against the violations of the legislation on the languages, in particular, against the violation of the equality of the languages. In this connection the Constitutional Court, in order to remove from the gap in the effective legislation, on 12 November 1998 has forwarded to the House of Representatives the proposal on the establishment of the administrative responsibility for the violation of the legislation on the languages. For the ensuring of the constitutionality in such an important sphere of social relations the solution of the given issue shall not be delayed. 

    The considerable number of the complaints of the citizens and public associations are connected as before with the problems of the recovery of the losses met with as a result of inflationary depreciation of the savings deposited in the Saving Bank as well as partial execution by the state of the loan obligations on securities of the former Union of SSR. In opinion of the citizens, there is a necessity to improve the legislation on more complete guarantees of the recovery for the citizens of the Republic of Belarus of the losses from the depreciation of the deposits and securities the inflationary processes included. 

    A big amount of the complaints of the citizens and of their associations concern the issues of the application of the norms of legislation which envisage the granting of various privileges. The Constitutional Court emphasizes that because of the contradictoriness of the norms of the legislation the law enforcement bodies, the courts included, shall adopt the conflicting with one another decisions that gives rise to criticism and dissatisfaction. The specified problem, in the Constitutional Court opinion, is also subject to quick solution. 

    By exercising the supervision of the constitutionality of the enforceable enactments the Constitutional Court paid special attention to the issues of bringing the national legislation into line with the norms of the international covenants on the human rights as well as to the forming of the normative base which shall meet the world standards. For these purposes the Constitutional Court has used its right to make the proposals on the improvement of the effective legislation in the state bodies. 

    The Constitutional Court is not authorized with the right to institute the proceedings on the verification of the constitutionality of the enforceable enactments at its own discretion. Therefore, having the objective and reliable information on the obvious unconstitutionality of certain enforceable enactments available, in the absence of the motions from the subjects which shall have that right, the Constitutional Court guided by the Constitution and the law on the Constitutional Court has forwarded to the powerful bodies of state power the decisions of a recommendatory nature. Based on the practice this made it possible to correct promptly the gaps in the law making and law enforcement activities of certain state bodies. 

III 

    The Constitutional Court considers that the effective activities on the strengthening of the constitutional legality shall much depend on the degree of being kept legally informed, on the study of international practice. 

    In order to use the foreign experience on the ensuring of the constitutional legality the Constitutional Court last year continued to develop the co-operation with the bodies of the constitutional control of other countries, as well as with other international legal organizations. The Constitutional Court, as one of the founders of the Conference of the Constitutional Courts of new democracies, takes active part in the activities of the body in question. The Constitutional Court has also become the co-originator of the journal "Constitutional justice". The publication of the journal shall promote more active exchange of the experience in the field of the constitutional control.

    On 3 - 5 June 1998 the International scientific and practical Conference "Role of the bodies of the constitutional control in the protection of social, economic and cultural rights and freedoms of the citizens" organized by the Constitutional Court of the Republic of Belarus was held in Minsk. Representatives of 11 states took part in the work of the given forum. During the Conference there was useful and profound exchange of the opinions on the most important issues concerning the making of the judicial constitutional control in the ensuring of economic, social and cultural rights and freedoms of the citizens, the institute of the constitutional complaint, the significance and role of the principles and norms of international law in exercising the constitutional control, other forms of constitutional justice in the ensuring of the rights and freedoms of the citizens. It was noted that the exercise of the constitutional control is the necessary condition on the democratic way of the development of the states. While delivering the final and binding acts, the Constitutional Courts promote the stable development and improvement of the legal systems, the real securing of the principle of the separation of powers, the protection of the rights and freedoms of the citizens. 

    The Constitutional Court was one of the organizers of scientific and practical Conference "Ensuring of the direct effect of the constitutional norms on the rights and freedoms of the citizens: experience, problems, perspectives" which took place on 17 November 1998 in Minsk. The Conference was dedicated to the most important aspects of the constitutional building in the Republic of Belarus, the working out of the mechanisms of the direct effect of the constitutional norms, the securing of their priority in the law enforcement activities. It has a special importance because in practice one can still find incomprehension of the necessity of the ensuring of direct effect of the constitutional norms. The materials of the Conference have been published and sent to the republican state bodies, scientific, educational and other establishments for the use of the conclusions and ideas expressed by the participants of the Conference. 

    The judges of the Constitutional Court participated in other scientific and practical conferences and workshops on the issues of the improvement of the legislation, the protection of human rights and freedoms which took place both in the Republic and abroad. 

    In September 1998 the Constitutional Court has presented the Conference of European Constitutional Courts the National report concerning the situation in the area of freedom of religion and beliefs in the Republic of Belarus and other relevant issues for the preparation of the General report on the same topic to the XIth Conference of European Constitutional Courts where it made on the whole the positive estimation of the effective legislation on the freedom of religion and beliefs, as well as the practice of its application in the Republic of Belarus. 

    The Constitutional Court pays much attention to the issues of mutual exchange of information in the field of the constitutional control with the equivalent bodies of other countries. For these purposes the Constitutional Court makes with them the exchange of the decisions, maintains other contacts with the bodies of the constitutional control of other states. 

IV 

    The Constitutional Court, while estimating the constitutional legality in the Republic of Belarus, emphasizes that still there have not been taken all the adequate measures for the securing of the supremacy of the law, for the direct action of the constitutional norms, for the complete exercise of the human rights and rights and freedoms of the citizens in the Republic of Belarus. 

    The experience of the exercise of the constitutional control indicates that the full value protection of human rights and freedoms and rights and freedoms of the citizens shall be secured providing proper implementation of the norms of international law in the legislation of a country. This accounts for the fact that on the international level there shall be worked out the conceptions of the uniformity of understanding and application of the mechanisms of the protection of human rights. Therefore, it is very important to create all the necessary conditions for the effectual application of the norms of international law in law making and law enforcement activities of all state bodies. 

    The necessary condition for making the state ruled by law shall be the improvement and development of the national legislation, ensuring of real guarantees of the rights and freedoms of the citizens as well as their protection. It is possible to achieve the full extent in the presence of the due legal base only, the notice to that has also been taken during the parliamentary hearings on the problems of human rights (June 1998). The important role here shall belong to the President, the National Assembly, the Council of Ministers. 

    The Constitutional Court pays attention that the President, the Parliament, the Government had done much for the improvement of the legal system of the Republic of Belarus. There have been adopted the Civil Code, the Code of Civil Procedure, Customs Code, Water Code, the Code of Economic Procedure, the Codes on earth, on the bowels of the earth, a number of other system laws, the work at other major codifying acts - the Criminal Code, the Code of Criminal Procedure, the Labour Code as well as some other codes and laws is near completion. At the same time the Constitutional Court emphasizes that the process of adoption of a number of basic laws has been delayed. Until now there have not been adopted the laws which directly follow from the Constitution (on the right to move freely and choose the place of residence, on the alternative military service, on the state of emergency and defence emergency, on the procedure of realization by the citizens of the right to the legislative initiative, on the status of the city of Minsk etc.). 

    The Constitutional Court deems it necessary to eliminate the practice of regulation of the significant social relations on the level of by-laws, the adoption by the state bodies of the acts with exceeding of the powers, the application on non-published acts concerning the rights, freedoms and obligations of the citizens, giving the retrospective effect to the acts, which establish the responsibility or otherwise aggravate the position of the parties of legal relations. 

    The Constitutional Court supports the idea of giving the citizens the right to appeal to the Constitutional Court expressed in the recommendations of the House of Representatives of the National Assembly on the results of the parliamentary hearings. This is conditioned by the fact that the most widely practised form of the protection of the constitutional rights and freedoms of the citizens in many countries shall be the institute of the constitutional complaint, when the complaint of a citizen contains the request to examine the constitutionality of the law which unjustifiably infringes his right, freedom, lawful interests, is the direct ground for examination of the case by the body of constitutional control. 

    The legislative securing of the right of the citizens to make the constitutional motion would meet the utmost protection of human rights and rights of the citizen and the proper realization of Article 61 of the Constitution which enshrines the possibility to appeal to international organizations, provided all available interstate means of legal defence have been exhausted, as well as would be in conformity with the international practice and promote the solution of the tasks faced the state ruled by law. As an alternative at present stage it would be possible in the event of adoption of the law on the Ombudsman to authorized him with the right to make proposals to the Constitutional Court on the verification of the constitutionality of the laws and other enforceable enactments. 

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    The analysis of the constitutional legality confirms the necessity to strengthen the activities of all state bodies and officials on the ensuring of the constitutional rights and freedoms of everyone. That is the inalienable condition for the establishment of the principle of the supremacy of law, further development towards democracy, freedom, legality, making and stable progress of the state ruled by law. 

    The Present Message was adopted at the session of the Constitutional Court of the Republic of Belarus of 28 January 1999.  

Presiding Officer —

Chairman of the Constitutional Court

of the Republic of Belarus                                                                                               G.A. Vasilevich