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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of February 6, 2004 No. P-169/2004

About condition of the constitutional legality in the Republic of Belarus in 2003

DECIDED:

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 2003" (the text is attached).

2. Publish the Message "About condition of the constitutional legality in the Republic of Belarus in 2003" 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

Chairman of the Constitutional Court

Republic of Belarus

G. A. Vasilevich

To the president of the Republic of Belarus

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

The message of the Constitutional Court of the Republic of Belarus "About condition of the constitutional legality in the Republic of Belarus in 2003"

Important milestone in development of the constitutional processes in Belarus was adoption in 1994 of the Constitution - basic element of new Belarusian statehood, component of the European constitutional space.

On the basis of the Constitution of the Republic of Belarus the democratic social constitutional state develops, new public authorities are created, the national system of law is created, qualitatively new relations between the personality, society and the state are under construction, economic, political, social and cultural life will be organized. The constitution of Belarus acts as the political legal basis of forming and development of social and legal statehood, the main factor of law-making and law-enforcement processes. During the ten-year period of operation of the Constitution on basis and according to it the wide legislation for economic, political and social transformations, providing the rights and freedoms of citizens, guarantees of their realization is created, the new system of law reflecting modern achievements of the European legal culture is created.

The Constitutional Court created in 1994 on the basis of the new Constitution of the Republic of Belarus the activities steadily promoted forming of the democratic constitutional social state, and first of all protection of the rights, freedoms and legitimate interests of man and citizen.

Estimating ten-year way of formation, developments and approvals of the constitutional justice in the Republic of Belarus, the Constitutional Court notes that it became reality, one of the constituting constitutional bases of the Belarusian statehood. Solutions of the Constitutional Court promoted strengthening of the constitutional system, realization of rights and freedoms of man and citizen, became real factor of enhancement of system of law, forming of sense of justice, legal ideology.

The system of law of the Republic of Belarus in general successfully develops on basis and within the existing Constitution of the Republic of Belarus and according to the conventional principles and rules of international law. However the Constitutional Court repeatedly noted in the messages such shortcomings of legal regulation as probelnost, kollizionnost, departure from the principle of rule of the Constitution. Giving assessment to constitutionality of regulations of the substantive right in a number of the decisions, the Constitutional Court paid attention and to imperfection of regulations of procedural law. Lack of mechanisms of realization of regulations of the substantive right quite often gave reason to officials for non-execution of provisions of the Constitution which regulations have direct and direct action. With respect thereto more complete fixing in the legislation of procedure for realization of the rights and freedoms of citizens would promote strengthening of the constitutional legality and helped some officials to realize need of strict observance of instructions of the Constitution as Fundamental Law of the state.

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