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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of February 5, 2003 No. P-153/2003

About condition of the constitutional legality in the Republic of Belarus in 2002

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., Vorobey G. A., 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,

solved:

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 2002" (the text is attached).

2. Publish the Message "About condition of the constitutional legality in the Republic of Belarus in 2002" 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 2002"

The constitution of the Republic of Belarus fixes qualitatively new level of the relations between the personality and the state, democratic model of the European statehood - the social constitutional state designed to provide everyone free and worthy development. The respect and observance of the Constitution, human rights and freedoms becomes important criterion of the international and internal assessment of activities of public authorities today. Creation of socially oriented market economy in our state assumes further enhancement of the legislation taking into account rules of international law and the maximum use of all-legal principles and the provisions enshrined in the Constitution.

The constitutional potential can be shown most in all spheres of life activity of society and the state on condition of ensuring supremacy of regulations of the Constitution irrespective of in what measure these regulations are realized in acts of the current legislation, their direct action in law-making and law-enforcement practice and obligation of the constitutional instructions for all physical persons and legal entities, and is equal for the state on behalf of its bodies and officials.

The constitutional court in 2002 made 40 decisions which resolve specific legal collisions that promoted approval in the Republic of Belarus of the constitutional legality, to development of the constitutional democratic social state. At the same time the Constitutional Court was guided by the fact that according to part one of article 116 of the Constitution on it control of constitutionality of regulatory legal acts in the state is imposed. The Constitutional Court approved by the decisions in law-making and law-enforcement activities supremacy of the principles and the provisions of the constitutional democratic social state enshrined in the Constitution and international legal acts.

The constitutional principle of separation and interaction of the authorities (article 6 of the Constitution) means that state bodies are independent and perform the activities within the powers conferred to them. Excess of powers by state body in case of acceptance of regulatory legal acts or improper execution of the obligations assigned to it demonstrates departure from the specified principle and generates unconstitutional law-enforcement practice.

So, according to the principle of separation of the authorities only the legislator possesses the right to determine content of regulations of the penal statute. According to article 3 of the Criminal code crime of act, its punishability and other criminal consequence in law are determined only by the Criminal code, regulations of this Code are subject to strict interpretation by the legislator.

Making on November 12, 2002 the decision on determination of the concept "income" for the purposes of qualification of illegal business activity in case of criminal prosecution, the Constitutional Court determined that in the Criminal code in relation to article 233 the structure of the income and procedure for its calculation by the legislator were not determined. The explanation of concept of the income from illegal business activity was made by the Plenum of the Supreme Court in the resolution of June 28, 2001 to No. 6 (Item 6). Being guided by Constitution provisions (Article 97 and 98), the Law "About Regulatory Legal Acts of the Republic of Belarus" (Article 70 and 72) and that the single law regulating questions of criminal liability is the Criminal code, the Constitutional Court suggested National assembly to determine this concept directly of the Criminal code. The corresponding additions are made by the Law of January 4, 2003 to the specified Code. "About modification and amendments in some legal acts of the Republic of Belarus".

Despite accurate differentiation in the Constitution and the Law "About Local Authority and Self-government in the Republic of Belarus" of powers of local representative and executive bodies, in practice there are cases of acceptance of regulatory legal acts by executive committees on the questions entering exclusive competence of local councils of deputies. At the same time the Constitutional Court notes that most often such substitution of powers is performed in case of establishment of the local taxes and charges.

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