of February 2, 2005 No. P-183/2005
About condition of the constitutional legality in the Republic of Belarus in 2004
Constitutional court of the Republic of Belarus as a part of the chairman - the Chairman of the Constitutional Court Vasilevich G. A., vice-chairman Maryskin A. V., Boyko T. S. judges., Kenik K. I., Podgrusha V. V., Sarkisovoy E.A., Tikovenko A. G., Filipchik R. I., G.B. Cone, Shuklina V. Z., having considered question of condition of the constitutional legality in the Republic of Belarus, being guided by article 44 of the Law "About the Constitutional Court of the Republic of Belarus" and article 80 of Regulations of the Constitutional Court,
1. Accept the Message of the Constitutional Court of the Republic of Belarus to the President and chambers of Parliament of the Republic of Belarus "About condition of the constitutional legality in the Republic of Belarus in 2004" (the text is attached).
2. Publish the Message "About condition of the constitutional legality in the Republic of Belarus in 2004" in the Zvyazda and National Newspaper newspapers in ten-day time from the date of acceptance, and also in the National register of legal acts of the Republic of Belarus and the Vesnik Kanstytutsyynaga Vessels Respubliki Belarus magazine.
Chairman of the Constitutional Court
Republic of Belarus
G. A. Vasilevich
To the president of the Republic of Belarus Lukashenko A. G.
To the House of Representatives of National assembly of the Republic of Belarus
To council of the Republic of National assembly of the Republic of Belarus
In socio-political life of the Republic of Belarus 2004 was celebrated by number of the major events. In the expired year 10 years from the date of adoption of the Constitution of the Republic of Belarus were performed, there went the republican referendum and regular elections to Parliament.
Development of the Republic of Belarus as constitutional state requires further enhancement of its system of law. It assumes availability of high level of the legislation, realization of the fundamental constitutional principles in regulation of the public relations, observance of the constitutional instructions by all state bodies, organizations, officials and citizens.
In the Republic of Belarus the necessary legal base for preparation of regulatory legal acts is created. The president of the Republic of Belarus approves the Concept of enhancement of the legislation, the Parliament adopts the Law "About Regulatory Legal Acts of the Republic of Belarus", the Presidential decree of the Republic of Belarus of August 11, 2003 No. 359 approves Rules of preparation of projects of regulatory legal acts, the House of Representatives and Council of the Republic of National assembly of the Republic of Belarus accept regulations. The specified documents contain the main requirements imposed to preparation, acceptance and execution of regulatory legal acts.
In the state experience of law-making and law enforcement is accumulated. The majority of legal acts are accepted according to regulations of the Constitution and international legal standards and are performed in practice properly. They provide rather complete regulation of the public relations. The created legal base allows all branches of the government to realize the powers, to provide protection of the rights, freedoms and legitimate interests of citizens.
Indivisible element of the democratic social constitutional state are activities of constitutional courts as the bodies of the constitutional control designed to promote enhancement of national system of law and its separate industries, development of legal ideology and legal consciousness.
The constitutional court of the Republic of Belarus, as well as similar bodies of the constitutional control of the modern European states, has rights of check of constitutionality of regulations in the state. Owing to the tasks assigned to it by the Constitution the Constitutional Court as specialized body is called in the forms accepted for it and within competence to take measures for ensuring the constitutional legality.
Addresses of citizens are one of the most important forms of interaction of the state and citizens, realization by citizens of the participation right in administration of the state and society enshrined in Articles 37, 40 Constitutions. The constitutional court supports efforts of the Head of state and Parliament on considerable improvement of work with addresses of citizens.
In 2004 in the Constitutional Court with individual and collective addresses in general result more than 5 thousand citizens addressed, on personal acceptance about 500 citizens are accepted.
Citizens appeal to the Constitutional Court both concerning law enforcement, and in connection with check directly of constitutionality of regulatory legal acts. In addresses imperfection of rules of law and inadequate practice of their execution are noted. Citizens often send in the Constitutional Court repeated appeals after consideration of their questions in other instances including judicial authorities.
The analysis of addresses of citizens shows that in society there is understanding of value of bases of the constitutional system, constitutional rights and freedoms in everyday life, understanding that the state is designed to serve people, to protect and protect their rights, freedoms and legitimate interests. With respect thereto in the majority of the addresses citizens appeal to the authority of the state which shall recover legality and justice, in their opinion. Studying in the Constitutional Court of the materials provided by citizens in some cases showed that, really, their addresses are reasonable, but in other state instances were not considered correctly. So, having analyzed Regulations on procedure for reception of citizens in the Minsk city executive committee (the decision of Mingorispolkom of October 1, 2002 No. 1430), the Constitutional Court the decision of April 15, 2004 recognized this Provision unconstitutional in the part which is actually excluding possibility of the oral address of citizens on personal acceptance, and also establishing need of reasons for the requirements by citizens of legality. The similar decision is made by the Constitutional Court on August 23, 2004 and on the decision of the Gomel regional executive committee of April 17, 2003 No. 267. The specified solutions of the Constitutional Court were performed.
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