Contents |
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15 March – Constitution Day of the Republic of Belarus |
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Official Materials and Decisions of the Constitutional Court of the Republic of Belarus |
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Decision of the Constitutional Court of the Republic of Belarus of March 2024 No. D- /2024 «On Constitutional Legality in the Republic of Belarus» |
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Message of the Constitutional Court of the Republic of Belarus to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus «On Constitutional Legality in the Republic of Belarus» |
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Scientific Information |
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Karpovich N.A. Protection of Citizens' Rights to Vote and to Participate in a Referendum by the Constitutional Court of the Republic of Belarus The article examines the role of the Constitutional Court of the Republic of Belarus in protecting the electoral rights of individuals and their right to participate in a referendum. The author provides an analysis of the legal positions of the Constitutional Court aimed at the proper implementation of constitutional principles and provisions on the electoral system and the conduct of referendums. It is concluded that the Constitutional Court, through its decisions, aims rule-making and law enforcement bodies to comply with the principles of the supremacy of the Constitution and its direct effect, ensuring constitutional legality in electoral processes, the most complete and effective practical exercise of citizens' rights to vote and to participate in a referendum guaranteed by the Constitution. Keywords: Constitution, sovereignty of the people, democracy, rights and freedoms of individuals, elections, referendum, powers of the Constitutional Court. |
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Danilyuk S.E. Constitutional Hermeneutics: Competition of Interpretations and Search for the True Meaning of a Regulative Idea The article examines topical issues of constitutional hermeneutics. The author believes that the Constitution is an extremely complex, many-sided and multifunctional document, acting simultaneously as a state-constitutive, political-ideological, axiological and law-forming basic act. It is indicated that the text of the Basic Law, in contrast to the text of other normative legal acts, has a high degree of information richness, normative generality, content and semantic abstraction and ambiguity of some of its provisions. The author comes to a conclusion about the increasing importance of constitutional hermeneutics as an adequate interpretation of the text of the Basic Law, carried out by the Constitutional Court in order to exercise its main function – review of the constitutionality of normative legal acts in the state. Keywords: Constitution, constitutional values, constitutional hermeneutics, problem of law understanding, regulative idea. |
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Ryabtsev N.V. Requests of General Courts in the System of Measures for Protecting Constitutional Rights The article deals with the need to increase the efficiency of constitutional review in the course of interaction between general courts and the Constitutional Court. The author paid attention to the mechanism for implementing Article 112.2 of the Constitution and its regulation in legislation. The conclusion is argued that the increase of courts’ activities should be considered as priority in the application of this provision, as general courts are, in fact, the only subject of appeal to the Constitutional Court with a request to review the constitutionality of normative legal acts to be applied in trying specific cases. Keywords: Constitution, Constitutional Court, general courts, judicial protection of the rights and freedoms of individuals, request of the court, constitutional review. |
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