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On 15 December 2021 the Constitutional Court of the Republic of Belarus announced the decision “On the Compliance with the Generally Recognized Principles and Rules of International Law of Acts, Adopted (Issued) by the European Union and Some Foreign States and their Government Bodies, Imposing Restrictive Measures against the Republic of Belarus” (reporting judges – Alla Bodak, Sergei Chigrinov)

The proceedings were initiated by the Constitutional Court in accordance with Article 147 of the Law of the Republic of Belarus “On the Constitutional Proceedings” on the basis of the proposal submitted to the Constitutional Court by the Council of Ministers of the Republic of Belarus to state the position of the Constitutional Court.

As indicated in the proposal of the Council of Ministers of the Republic of Belarus, the European Union (hereinafter – the EU), as well as some states, including Great Britain, the United States of America, Canada, have introduced restrictive measures against Belarusian natural and legal persons or entities, as well as certain sectors of the national economy (finance, insurance, oil market, potash fertilizers, tobacco products, Internet and telephone communications, military and dual-use goods and technologies, air operations) that contradict the generally recognized principles and rules of international law.

1. The Constitutional Court considers that the acts adopted by the EU and some foreign states in relation to some natural and legal persons or entities of the Republic of Belarus create certain difficulties for business entities in various sectors of the economy, impede the exercise of economic, social and civil rights and freedoms of citizens provided for by the Constitution of the Republic of Belarus and fundamental international legal instruments, which eventually affects the national interests of the Republic of Belarus.

2. In a systems analysis of acts adopted by the EU and some foreign states and their government bodies, imposing restrictive measures against the Republic of Belarus, the Constitutional Court proceeds from the generally recognized principles and rules of international law and, above all, from the principles of the UN Charter. In the context of the development of regional subsystems of international relations, including the European one, these principles are the basis for a present world order, with the central role of the UN in the universal system of international legal regulation.

3. The Constitutional Court notes that the acts of the EU and some foreign states, imposing restrictive measures against the Republic of Belarus, are contrary to the provisions of Chapters VI and VII of the UN Charter, which establish a mechanism for the application of preventive or enforcement measures against any state only by decision of the UN Security Council to maintain international peace and security.

4. The Constitutional Court deems that the application of restrictive measures against the Republic of Belarus in violation of the procedure established by the constitutive act of the UN is interference in the internal affairs of a sovereign state and is contrary to paragraphs 1 and 7 of article 2 of the UN Charter.

Assessing the acts of the EU and some foreign states and their government bodies the Constitutional Court concludes that these acts are inconsistent with the principle of co-operation among States, the principle of equal rights and self-determination of peoples. By virtue of the latter, in pursuit of the exercise of their inalienable right to self-determination all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development.

5. The Constitutional Court believes that the people of the Republic of Belarus disposes of the wealth and resources of its country that embodies the right to free trading in them of mutual benefit in order to enhance the economic potential and promote the sustainable social and economic development of the Republic of Belarus.

The Constitutional Court considers that the individual restrictive measures of the EU and a number of states against natural and legal persons or entities impede free disposal of assets, trade in natural resources and negatively affect the living standards of individuals and the economic activities of legal persons or entities. These measures therefore violate the provisions of the Universal Declaration of Human Rights (paragraph 1 of article 17) and the International Covenant on Civil and Political Rights (paragraph 2 of article 1).

6. The Constitutional Court considers that the acts of the EU and some foreign states and their government bodies, imposing restrictive measures against the Republic of Belarus, affect to a certain extent the rights and legitimate interests of the citizens of the Republic of Belarus, enshrined in the Constitution of the Republic of Belarus and fundamental international legal instruments. They affect the rights to work and to just and favourable conditions of work ensuring everyone’s rights to a decent standard of living, to health care, to education, the right to engage in economic activities and are therefore inconsistent with the generally recognized principle of respect for human rights and fundamental freedoms, provided in the UN Charter, the Declaration on Principles of International Law, the provisions of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights.

Considering the above, the Constitutional Court ruled:

1. Acts, adopted (issued) by the European Union, some foreign states, including Great Britain, the United States of America, Canada, and their government bodies, imposing restrictive measures against the Republic of Belarus:

do not comply with the generally recognized principles of sovereign equality of states and non-intervention in matters within the domestic jurisdiction of any State, co-operation among States in accordance with the UN Charter, fulfillment in good faith of obligations under international law, equal rights and self-determination of peoples, respect for human rights and fundamental freedoms stipulated by the UN Charter (paragraphs 1, 2 and 7 of article 2), the 1970 Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (paragraph 1), the 1974 Charter of Economic Rights and Duties of States (article 32);

do not comply with the generally recognized principles and rules of international human rights law established by the 1948 Universal Declaration of Human Rights (article 2, paragraph 1 of article 17, paragraphs 1 and 3 of article 23, paragraph 1 of article 25, article 28), the 1966 International Covenant on Economic, Social and Cultural Rights (article 1, paragraph 2 of article 2, paragraph 1 of article 6, article 7, paragraph 1 of article 11), the 1966 International Covenant on Civil and Political Rights (paragraphs 1 and 2 of article 1, paragraph 1 of article 2);

do not comply with the UN Charter, which establishes the mechanism of preventive and enforcement measures against the state only by decision of the UN Security Council in order to maintain international peace and security (articles 33–38 of Chapter VI and articles 39–41 of Chapter VII of the UN Charter).

2. State bodies, officials, heads of organizations should, within their competence, take the necessary measures to protect the national interests of the Republic of Belarus, constitutional rights and freedoms of citizens based on the values ​​and goals of the Constitution of the Republic of Belarus, the generally recognized principles and rules of international law.