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The document ceased to be valid since  October 5, 2017 according to Item 3 of the Presidential decree of the Republic of Belarus of  October 2, 2017 No. 358

DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of June 26, 2008 No. 14

About some measures for enhancement of activities of the Constitutional Court of the Republic of Belarus

For the purpose of enhancement of activities of the Constitutional Court of the Republic of Belarus, increase in efficiency of the constitutional control and according to part three of article 101 of the Constitution of the Republic of Belarus:

1. Determine that the Constitutional Court of the Republic of Belarus along with the powers performed according to the Code of the Republic of Belarus about judicial system and the status of judges:

1.1. exercises mandatory preliminary control of constitutionality of all laws adopted by the House of Representatives of National assembly of the Republic of Belarus and approved by Council of the Republic of National assembly of the Republic of Belarus or accepted by the House of Representatives of National assembly of the Republic of Belarus according to the procedure, provided by part five of article 100 of the Constitution of the Republic of Belarus, - before signing of these laws by the President of the Republic of Belarus.

The relevant decision is made by the Constitutional Court of the Republic of Belarus in five-day time from the date of receipt of the law in the Constitutional Court of the Republic of Belarus;

1.2. according to the proposal of the President of the Republic of Belarus states line item about constitutionality of international treaties - before signing by the President of the Republic of Belarus of regulatory legal acts about expression of consent of the Republic of Belarus to obligation for it these international treaties.

The decision is made by the Constitutional Court of the Republic of Belarus in five-day time from the date of receipt of the proposal of the President of the Republic of Belarus if other is not established by the President of the Republic of Belarus;

1.3. at the request of the President of the Republic of Belarus gives official interpretation of the decrees and presidential decrees of the Republic of Belarus concerning constitutional rights, freedoms and obligations of citizens;

1.4. according to the offer of Presidium of Council of the Republic of National assembly of the Republic of Belarus makes the decision on availability of the facts of systematic or gross violation by local council of deputies of requirements of the legislation.

By consideration of such offer the Constitutional Court of the Republic of Belarus checks data on the facts of systematic or gross violation by local council of deputies of requirements of the legislation, researches the proofs testimonial of availability or about lack of these facts, and gives them assessment.

The constitutional court of the Republic of Belarus has the right to consider only the facts specified by Presidium of Council of the Republic of National assembly of the Republic of Belarus in its offer;

1.5. according to proposals of the President of the Republic of Belarus, the House of Representatives of National assembly of the Republic of Belarus, Council of the Republic of National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus states the line item about the documents accepted (published) by foreign states, the international organizations and (or) their bodies and infringing on interests of the Republic of Belarus regarding compliance of these documents to the conventional principles and rules of international law.

The line item of the Constitutional Court of the Republic of Belarus is stated in the decision which is drawn up protokolno.

2. At the request of the President of the Republic of Belarus judge of the Constitutional Court of the Republic of Belarus constitutionalities of the directions of rule-making activities and law-enforcement practice of courts, law enforcement and other state bodies determined by the Head of state perform.

3. Consideration by the Constitutional Court of the Republic of Belarus of cases is performed in compliance:

with paragraph one of subitem 1.1 of Item 1 of this Decree concerning the laws on modification and (or) amendments in the Constitution of the Republic of Belarus - with use of oral form of the constitutional legal proceedings;

with paragraph one of subitem 1.1 of Item 1 of this Decree concerning other laws, and also according to subitems 1.2 - 1.5 Items 1 of this Decree - with use of written form of the constitutional legal proceedings.

4. The official interpretation of the decree or presidential decree of the Republic of Belarus this by the Constitutional Court of the Republic of Belarus is obligatory for state bodies and other organizations, officials and citizens.

5. Check by the Constitutional Court of the Republic of Belarus of constitutionality of the laws in the cases provided by this Decree does not interfere with check of constitutionality of these laws according to the procedure of the subsequent control after their introduction in force.

6. To provide to Administration of the President of the Republic of Belarus the timely direction into the Constitutional Court of the Republic of Belarus of the laws brought to the President of the Republic of Belarus for the signature.

7. This Decree becomes effective from the date of its official publication, is temporary and according to part three of article 101 of the Constitution of the Republic of Belarus is submitted for consideration of National assembly of the Republic of Belarus.

 

President of the Republic of Belarus

A. Lukashenko

 

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