The Message noticed that the activity of the Constitutional Court in 2008 was directed on securing of the Constitution supremacy and direct action of its norms and further strengthening of the constitutional legality in norm-creating and law-enforcement, protection of the citizens constitutional rights and freedoms. The fulfillment of this goal is promoted by the measures taken at the state level on the improvement of the constitutional control.
The most considerable event in our state of the last year on the constitutional justice development was the institution of the obligatory preliminary constitutional control of the laws adopted by Parliament at the stage before the President signing. The preliminary control based on Decree of the President of the Republic of Belarus of 26 June 2008 No. 14 “On some measures on the improvement of the activity of the Constitutional Court of the Republic of Belarus”. Thereby the vector of the further development of the constitutional justice is directed today on prevention of the infringements of the constitutionality in norm-creating and elimination of possible negative social consequences of laws contradicting the Constitution.
In accordance with the procedure of the obligatory preliminary constitutional control the Constitutional Court has considered 102 laws including 3 codes, 24 general and special laws, 40 laws on alterations and addenda and laws which were deemed invalid some legislative acts, 35 laws on ratification of the international treaties of the Republic of Belarus.
Basic principles and norms of the Constitution were developed in the examined laws which were found to be in conformity with the Constitution. At the same time on a number of laws the Constitutional Court has formulated the legal positions directed on the disclosing of the constitutional legal sense of the laws provisions and prevention of the unconstitutional enforcement practice.
As the result of consideration of citizens applications the state bodies and the organizations the Constitutional Court disclosed gaps in the legislation, different interpretation of the legal norms and their bound. For the proper legal regulation the Constitutional Court adopted more than 20 decisions which contain the proposals to Parliament, the Council of Ministers on the gaps and collisions in the legislation elimination including norms of the Civil Procedural Code of the Republic of Belarus, Code of Administrative Offences of the Republic of Belarus, Procedural Executive Code of the Administrative Offences of the Republic of Belarus, etc.
During 2008 a number of decisions of the Constitutional Court were executed that were adopted in previous years:
– legislative propositions of the Constitutional Court on activity of the organizations of builders and co-operative societies, gardening associations were realized in decrees of the Head of the State of the 28th of January 2008 No. 43 and No. 50;
– the legal position on the giving the disabled persons ground areas for garages – in the Land Code;
– the decision on the protection of the personal information – in the Law «On the population register»;
– The decision on the inclusion of some work periods to the length of the public service – in the Law «On the public service of the Republic of Belarus», etc.
The goal for the state ruled by law such as the Republic of Belarus is proclaimed by the Constitution consists in the securing of the constitutionality of the legal regulation of social public relations, an establishment of uniform practice of law-enforcement by all state bodies including courts, control and supervising bodies. In solving this goal the legal positions of the Constitutional Court formulated in its decisions should be used.