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Last updated: 14 April 2008
General Provisions
In the Republic of Belarus the institute of constitutional control was established in 1994 on the grounds of the Constitution of the Republic of Belarus and the Law of 30 March 1994 "On the Constitutional Court of the Republic of Belarus". Competence of the Constitutional Court is also specified in the Code of the Republic of Belarus on judicial system and status of judges. Issues of inner activities of the Constitutional Court of the Republic of Belarus are specified in the Rules of Procedure of the Constitutional Court of the Republic of Belarus.
In accordance with Article 116 of the Constitution of the Republic of Belarus the Constitutional Court shall be formed in composition of 12 judges from among highly qualified specialists in the field of law, who have as a rule a scientific degree.
Six judges of the Constitutional Court of the Republic of Belarus shall be appointed by the President of the Republic of Belarus and six judges shall be elected by the Council of the Republic of the National Assembly. The Chairperson of the Constitutional Court shall be appointed from among the judges by the President with the consent of the Council of the Republic of the National Assembly. The term of office of the judges - 11 years and in accordance with the law it is possible to be in office for a new term.
At present the Constitutional Court is comprised of judges who have long work experience in the courts of common law, in legal services of the legislative and the executive, in the Ministry of Justice, in the bodies of the Procurator's Office, in scientific establishments and institutions of higher education of the Republic. Two judges are Doctors of Law, four - Candidates of Legal Science. There are four women among the judges of the Constitutional Court. Four judges are in office since April 1994.
The Constitutional Court shall exercise control over the constitutionality of normative legal acts in the State. The Constitutional Court on the recommendations of the President of the Republic of Belarus, the House of Representatives of the National Assembly, the Council of the Republic of the National Assembly, the Supreme Court, the Supreme Economic Court, the Council of Ministers of the Republic of Belarus shall produce a ruling on:
the conformity of laws, decrees and edicts of the President of the Republic of Belarus, international contractual and other obligations of the Republic of Belarus to the Constitution of the Republic of Belarus and international legal acts ratified by the Republic of Belarus;
the conformity of instruments of interstate formations of which the Republic of Belarus is a part, edicts of the President of the Republic of Belarus issued in fulfillment of the laws, to the Constitution of the Republic of Belarus, international legal acts ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus;
the conformity of resolutions of the Council of Ministers of the Republic of Belarus, acts of the Supreme Court of the Republic of Belarus, the Supreme Economic Court of the Republic of Belarus, the Procurator-General of the Republic of Belarus to the Constitution of the Republic of Belarus, international legal acts ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus;
the conformity of acts of any other state body to the Constitution of the Republic of Belarus, international legal acts ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus.
Other state bodies, public associations, other organizations, as well as citizens shall make the motion with the initiative on verification of constitutionality of an act to the bodies and persons who have the right to propose the Constitutional Court to verify constitutionality of an act.
In cases specified by the Constitution of the Republic of Belarus, the Constitutional Court of the Republic of Belarus with regard to the proposal of the President of the Republic of Belarus shall give its conclusion on the presence of instances of systematic or flagrant violation of the Constitution of the Republic of Belarus by the Chambers of the National Assembly of the Republic of Belarus.
The Constitutional Court of the Republic of Belarus has the right to submit to the President of the Republic of Belarus, the Chambers of the National Assembly of the Republic of Belarus, to the Council of Ministers of the Republic of Belarus, other state bodies within their powers the proposals as to the necessity of making alterations and (or) addenda into the acts of legislation, as to adoption of new normative legal acts. The Constitutional Court of the Republic of Belarus has also the right to submit to the state bodies and to other organizations other proposals that are following from its competence.
For the period of its activities (since April 1994 till 1 December 2007) the Constitutional Court has examined in open court sessions 88 cases. Under the prescribed procedure the Court verified the constitutionality of 102 enforceable enactments including 39 laws, 6 Resolutions of the Parliament, 20 Decrees and 1 Order of the President of the Republic of Belarus, 11 Resolutions of the Government, 6 Rulings of the Plenum of the Supreme Court of the Republic of Belarus and 19 normative legal acts of other state bodies.
The Constitutional Court has delivered on the cases examined and on other issues 73 judgments and 337 decisions. In 1994 the Constitutional Court has adopted 6 judgments and 4 decisions, in 1995 - 17 judgments and 3 decisions, in 1996 - 12 judgments and 3 decisions, in 1997 - 4 judgments and 11 decisions, in 1998 - 11 judgments and 3 decisions, in 1999 - 7 judgments and 10 decisions, in 2000 - 3 judgments and 25 decisions, in 2001 - 2 judgments and 46 decisions, in 2002 - 2 judgments and 38 decisions, in 2003 - 1 judgment and 35 decisions, in 2004 - 4 judgments and 41 decisions, in 2005 - 1 judgment and 58 decisions, in 2006 - 2 judgments and 35 decisions, in 2007 (as of 1 December 2007) - 25 decisions.
The key point of the activities of the Constitutional Court are the issues concerning securing of the rights and freedoms of citizens enshrined in the Constitution of the Republic of Belarus and in international acts. Decisions of the Constitutional Court are directed to securing of the rights of citizens to judicial protection by way of appeal for the protection to the competent, independent and impartial court of law, the right to legal aid, equality of all forms of ownership, protection of the rights of subjects of entrepreneur activities as regards taxation, creation of equal conditions for legal entities of governmental and non-governmental forms of ownership, right to housing, freedom of movement and choice of place of residence, right to labour, right to education, right to public health protection etc.
While adopting judgments and other decisions, the Constitutional Court shall make influence on the development of legal system of the country, its approaching to international standards, on forming of national legislation and on judicial activities. By delivering its decisions the Constitutional Court shall take into account the provisions of international legal acts. Equally with the use of universal international legal acts, the Constitutional Court is oriented to the European international acts, first of all - the European Convention for the Protection of Human Rights and Fundamental Freedoms and practice of the European Court of Human Rights that shall promote strengthening of Belarus as a democratic social state ruled by law.
Judgments and decisions of the Constitutional Court of the Republic of Belarus are final and subject to no appeal or protest.
Decisions of the Constitutional Court are executing by the state bodies and by the officials. The majority of decisions of the Constitutional Court have been executed, other decisions are at the stage of their execution.
The Constitutional Court of the Republic of Belarus was an initiator for creation of the Conference of the bodies of the constitutional control of new democracies. On the initiative of the Constitutional Court of the Republic of Belarus there have been organized and held a number of international scientific and practical conferences, "round tables" and seminars. Judges and workers of the Constitutional Court in their turn are regular participants of various international forums dedicated to the actual issues of development of constitutionalism and protection of the rights and freedoms of citizens. Within the frames of the Venice Forum (consultative body under the Venice Commission of the Council of Europe) it takes place regular exchange of information and opinions on the wide scope of problems that are subject to consideration in the bodies of the constitutional control. Judges of the Constitutional Court are readily to give their replies for the requests of their colleagues, as well as are grateful to receive the analogous information assistance.
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© Constitutional Court of
the Republic of Belarus, 2002-2008
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