Announcement of the Bulletin of the Constitutional Court of the Republic of Belarus

Official Materials and Decisions of the Constitutional Court of the Republic of Belarus

Decision of the Constitutional Court of the Republic of Belarus of 30 June 2008 No. D-205/2008 «On addendum of the Regulations of the Constitutional Court of the Republic of Belarus»

Decision of the Constitutional Court of the Republic of Belarus of 12 June 2008 No. D-204/2008 «On the definition of the notion «income» for the purposes of imposition of administrative liability for the unlawful entrepreneurs activity»

Decision of the Constitutional Court of the Republic of Belarus of 10 April 2008 No. P-229/2008 «On referring of the incomes from the crafts activity to the incomes equate with the salary»

Decision of the Constitutional Court of the Republic of Belarus of 12 June 2008 No. P-230/2008 «On the improvement of the legislation on pension security mothers with many children»

Events. Comments

Miklashevich P.P. New directions of the constitutional control – new tasks before the Constitutional Court of the Republic of Belarus

On realization by state bodies of decisions of the Constitutional Court of the Republic of Belarus

Latushkin S.P. On execution of decisions of the Constitutional Court of the Republic of Belarus in April – June 2008

Scientific information

Miklashevich P.P. Problems and perspectives of application of the international legal acts in the national legislation in the sphere of protection of rights and freedoms of citizens

The article is dedicated to the problems of use in the national legislation of the international legal acts in the sphere of realization of the individual rights, freedoms and lawful interests of citizens. In it are considered such issues as conformity of the basic constitutional rights and freedoms to the international standards, acceptance of the priority of the acknowledged principles of the international law, application of the principles and norms of the international law by the Constitutional Court, legal basis of the application of the international legal acts by other state bodies, application of the principles and norms of the international law in judicial protection of the rights and freedoms of citizens. The author covers the perspectives of improvement of the activity of the Constitutional Court of the Republic of Belarus in the given sphere.

Golovko A.A. Theoretical basis of the legality as universal socio legal phenomenon

The article researches the core and theoretical basis of legality as universal social and legal phenomenon. The author considers the definition, features and levels of legality. The attention is paid to the correlation of the definitions «legality» and «law creation», interaction between legality and democracy. The attempt is made for the scientific definition of the principles of the legality. It is stressed the importance of application of the measures on the security of the legality in the conditions of democratic social state ruled by law.

Pliakhimovich I.I. System of the constitutional legislation of Belarus

The article is aimed to inquire into the system of constitutional legislation of Belarus and this within the unity of three aspects: general system-defined, hierarchical, institutional. The first aspect embraces general features of constitutional legislation including the external structure of the branch – its place in the system of the whole legislation and its correlation with other branches. Within the general-defined aspect the constitutional legislation is a centralized, differentiated and uncodified branch which has many sources. The hierarchical aspect covers the interrelationship of legal normative acts being sources of constitutional legislation as well as their correlation regarding the validity. The author draws a special attention to the correlation between the Constitution of Belarus with other acts of the constitutional branch and to the legislation as a whole. It is pointed out the strengthening of system links peculiar to the Constitution and the reduction of amount of its regulation in comparison with Soviet constitutions. The institutional aspect of constitutional legislation is presented by two blocks: institutions of civil society and institutions of state system. The author examines the peculiarities of each constitutional and legislative institution as well as its cohesion with other institutions of the branch.

Pugachev A.N. Problems of defining of the branch affiliation of the final decisions of the constitutional courts

The main idea of this article is the recognition that final judgments of constitutional courts possesses attributes of the document of universal nature. The author describes legislators’, scientists’ and experts’ points of view taking into account foreign experience. The author pays great attention to analysis of legal positions of constitutional control institutions, to study of correlation of statement and operative parts of court decisions. The article describes peculiar rule-making functions of constitutional justice and its impact on the development of a system of law. The author explains particular nature of Belarusian Constitutional Court judgments as a source of law and necessary element of modernization of statehood.

Sudas A.P. Constitutional legal basis of the Union of Belarus and Russia: formation and perspectives of development

The article justifies the conclusion that Union state is the most real unity form of all integration structures on the post soviet region. The author expresses the ideas connected with improvement of the process of building of the Union state by way of development in the first place of the confederative links between the state participants for the harmonization of the contradictions which occur in economic field of cooperation. The biggest attention is paid to the issues of improvement of the structure and organization of the activity of the bodies of the Union state, Supreme State Council, Parliament, Council of Ministers, Court and Accounts Chamber.

Antonova O.A. The basis of the constitutional legal liability for the violation of the legislation on election in the Republic of Belarus

In the article the author disclose the legal basis of the application of the constitutional legal sanctions in case of commission of the violation of the suffrage legislation. The authors opinion on a number of issues taking into account the provisions of the acting legislation and practice of bringing to the constitutional liability by the election commissions while holding of the election campaign is justified by pointing on the existence of the different points of view on the nature of constitutional liability in the given sphere and types of constitutional legal sanctions. It is made the comparative research with the legal regulation and practical application of the measures of liability in a number of foreign states (Russian Federation, Ukraine etc.)

International experience of constitutionalism

T.S. Maslovskaya. Preliminary constitutional control in the foreign countries: common and peculiar

The research is made on the definition, core of the preliminary constitutional control. The objects of the preliminary constitutional control in the foreign countries are considered.

On the basis of the analysis of the Constitution and political practice it is defined the peculiarities of execution of the preliminary constitutional control in France. It is analyzed the procedure of hearing of the cases in the Constitutional Council of France. Intent attention is given to the analysis of the structure of the decisions by the Constitutional Council of France on the conformity to the Constitution of the normative legal acts. The conclusion is made on the possibility of introduction of the preliminary constitutional control in the Republic of Belarus

International relations of the Constitutional Court

International scientific and practical conference in Minsk (24 April 2008)

International conference «Constitutional Court in the system of the bodies of state power: actual problems, ways of solution» (16 May 2008, Kiev

On the participation of the Chairman of the Constitutional Court of the Republic of Belarus in XIV Congress of the Conference of the European Constitutional Courts (3–6 June 2008, Vilnus)

Shuklin V.Z. International seminar «Constitutional justice» (14–16 May 2008, Warsaw)

Karavai A.V. On the international seminar in Peoples Republic of China