The Bulletin of the Constitutional Court of the Republic of Belarus "Vestnik Konstitutsionnogo Suda Respubliki Belarus" is the regular official quarterly publication of the Constitutional Court of the Republic of Belarus since 1994.
CONTENTS
Official Materials and Decisions
of the Constitutional Court
of the Republic of Belarus
Summary:
The Constitutional Court has examined of 4 October
2005 in open court session the proposal of the Council of Ministers of the Republic
of Belarus as regards prolongation of the time period for realization of Judgment
of the Constitutional Court of 27 September 2002 related to writing down the
permitting note in the passport of a citizen while going abroad. The Constitutional
Court in its Judgment of 27 September 2002 has found to be unconstitutional
the enforceable enactments specifying the obligation of making such a note in
the passports of all the citizens of the Republic of Belarus who want to go
abroad, since the absolute majority of them shall have no restrictions for exit.
The proposal of the Government has been motivated
by the fact that the works as regards creation of automated system of frontier
control that makes it possible to exercise control over the persons, means of
transportation and goods, the function of which will allow to use the national
passport as the document for going outside the Republic of Belarus without making
the note, may not be finished by the date fixed in Judgment of 27 September
2002 due to their insufficient financing.
Having studied the materials of the case and the
opinions of the state bodies that are responsible for the execution of Judgment
of 27 September 2002, the Constitutional Court ruled that the competent state
bodies failed to take all the necessary measures as regards its timely realization.
Proceeding from the necessity of protection of
the state and other interests, the Constitutional Court has prolonged the time
period for the execution of Judgment of 27 September 2002 before setting up
the relevant system of registration of citizens who are restricted lawfully
in their exit the Republic of Belarus and enter the Republic of Belarus.
The Constitutional Court has proposed the Council
of Ministers of the Republic of Belarus and the subordinated bodies thereto
that are responsible for the realization in practice of the constitutional norm
related to the freedom of movement: to inform citizens about perspectives of
abolishment in future of the note in the passport and the possible legal regulation
of the procedure of exit the Republic of Belarus and enter the Republic of Belarus;
for the period of preservation of the notes in the passports for going for abroad
to take additional measures concerning simplification of the procedure of their
writing down (including reduction of the terms for obligatory adoption of the
relevant decisions) and, in particular, with respect to the citizens where the
notes in the passports thereof have been made previously and are not annulled.
Summary:
The given Decision was adopted by the Constitutional
Court as a result of the motion of the People's assessor of Gomel oblast court
who asked to find to be unlawful the criminal verdict that was delivered with
her participation, since she took no oath in accordance with the requirements
specified in Decree of the President of the Republic of Belarus of 15 June 2001
No. 18, as well as in Law "On judicial system and status of judges in the
Republic of Belarus".
The Constitutional Court, on the grounds of the
given normative legal acts, as well as having analyzed the provisions of Articles
388 and 391 of the Criminal Code of Procedure, has emphasized that the composition
of the court, while examining the criminal case with participation of a People's
assessor who failed to take the oath in accordance with the procedure established
by law, shall be unlawful and, therefore, the verdict delivered by such a composition
of the court shall be subject to unconditional recall.
Summary:
Having examined the application and analysed the
effective legislation related to the issues of providing with official living
accommodation, the Constitutional Court found that the requirements stated in
point 30 of the Rules of registration of citizens who are in need of improvement
of housing conditions and provision of living accommodation in the Republic
of Belarus approved by Resolution of the Council of Ministers of the Republic
of Belarus of 22 September 1999 No. 1468 (hereinafter is also referred to as
Rules) on obligatory alienation of the living accommodation by the owner in
case of providing him/her the living accommodation in houses of the state housing
stock may not be subject to application in instances of providing of official
living accommodation for the person who has living accommodation as the property.
In the opinion of the Constitutional Court, official living accommodation shall
have specific status and shall be granted, as a rule, for the period of holding
the office. By terminating labour relations, a citizen shall be subject to eviction
without granting another living accommodation, except for the instances specified
by the acts of legislation.
The Constitutional Court emphasized that the laws
of the Republic of Belarus contain no requirement as such as regards alienation
of living accommodation that are in the ownership of citizens while granting
them the official dwelling. In the opinion of the Constitutional Court, application
in practice of the requirement on alienation of the living accommodation by
granting the official accommodation shall violate the right of ownership of
citizens.
The Constitutional Court in its decision paid
attention to the necessity of securing additional guarantees of the constitutional
right to dwelling of citizens who, at the moment of granting the official dwelling,
occupy under the contract of tenancy the premises of the state housing resources.
Due to that, the Constitutional Court has proposed
the Council of Ministers for the purposes of protection of the housing rights
and lawful interests of citizens, as well as the right of ownership according
to the prescribed procedure to settle the issue on proper legal regulation of
provision of official living accommodation for the citizens who have dwellings
as the property or who occupy them under the contract of tenancy of a living
accommodation of the state housing resources.
Summary:
Effective Law of the Republic of Belarus "On
state allowances for the families raising children" sets up a different
rate of allowances for the families that raise children before their age of
three years. In particular, the allowance at the rate of 65 per cent of the
budget of the living wage shall be granted for the following categories of women:
for those who are working under the labour contract or on the grounds of their
membership in organizations of any organizational and legal form; those who
are carrying out their activities as individual entrepreneurs, as members of
peasant farms (farming enterprises), as creative workers; those who are studying
at daytime form of vocational training, in high educational establishments,
in specialized secondary institutions, post-graduate courses and some other.
At the same time, unemployment benefit for women,
as well as for the women who lost their right to unemployment benefit or for
those who are at training courses, retraining courses, professional development
on the lines of employment services shall be granted at the rate of 35 per cent
of the budget of the living wage.
The Constitutional Court has found this situation
as restriction of the principle of equality of citizens as regards the right
to state social insurance and submitted to the President of the Republic of
Belarus the request to entrust the authorized state bodies to examine this issue
for preparation of the relevant alterations of the effective legislation.
Summary:
The Constitutional Court has examined the motion
of the advocate who raised the issue on constitutionality of Article 199 of
the Criminal Code of Procedure (CCP) that fixes no time limit for preliminary
investigation and that shall entail application within indefinite time period
of preventive punishment as written undertaking not to leave the place and proper
behaviour, and on this account essential restriction of the rights and freedoms
of citizens, especially in those instances where preliminary investigation of
the criminal matter is subject to suspension.
Having analyzed the norms of CCP, the Constitutional
Court found no grounds for the proposals as regards fixation of the time limit
of preliminary investigation because this would not promote thorough, complete
and objective examination of the facts of the criminal case.
As for the application of the preventive punishment
as written undertaking not to leave the place and proper behaviour, where the
law also fixes no time limit for it, the Constitutional Court has emphasized
that CCP (Articles 117, 120, 138, 139 etc.) shall stipulate certain guarantees
of protection of the rights of the accused person while applying it.
Moreover, the Constitutional Court has once again
confirmed the position on direct effect of the norm of Article 60 of the Constitution
that guarantees everyone the right to judicial protection, by force of which
the accused persons shall have the right to make an appeal to the court against
application to them of the specified preventive punishment.
Optimal realization of the right in question
would be conducive to adoption of the regular judgment of the Constitutional
Court on the given issue on condition that its consideration will be initiated
by the subjects stipulated in part one of Article 116 of the Constitution.
Summary:
Constitutional Court of the Republic of Belarus
of 3 November 2005 has adopted Decision "On insured accident in instances
of voluntary life insurance and supplementary pension insurance" related
to the issue of practice of application of legislation by voluntary life insurance
and supplementary pension insurance, according to which death of an insured
person within the time period of insurance, if the death took place before expiration
of three years term from the moment of enforcement of insurance contract shall
not be considered as the insured accident.
In the opinion of the Constitutional Court, inclusion
in the rules of voluntary life insurance and supplementary pension insurance
of the condition, under which death of an insured person within the time period
of insurance is not considered to be the insured accident, if the death took
place before expiration of three years term from the moment of enforcement of
insurance contract, is not in line with the norms of the Constitution, civil
and insurance legislation.
The Constitutional Court has proposed the Ministry
of Finance that shall exercise state supervision in the territory of the Republic
of Belarus, to take measures on securing observance of the legislation in part
of finding to be the insured accident the death of the insured person during
the period of insurance, if the death took place before expiration of three
years term from the moment of enforcement of the insurance contract.
Summary:
The Constitutional Court of the Republic of Belarus
in its Decision of 3 November 2005 "On legal regulation by bodies of local
government and self-government of exercising by citizens hunting and fishing"
has examined the issues of legal regulation of exercising by citizens hunting
and fishing.
In particular, the Constitutional Court emphasized
that payment of national tax and local due for exercising hunting and fishing
is not double taxation. If a citizen chooses different hunting and fishing areas
that are located in the territories of several administrative and territorial
units, then the payment of the local due for exercising hunting and fishing
shall be in accordance with decisions of local Councils of deputies in the territory
of which the specified areas are located. Local Councils of deputies, by determining
the procedure of payment of the local due for exercising hunting and fishing,
shall have the right to stipulate that the given due shall be paid before obtaining
the hunting vouchers and to charge the tenants to issue vouchers in case of
presentment of the bank receipt certifying the due payment.
There have been also confirmed the legal position
of the Constitutional Court concerning the issue of shifting the terms for hunting
that was stated in decision of the Constitutional Court of 24 December 2002,
according to which in case of necessity of shifting the terms for hunting as
a result of a state of emergency caused by threat of mass fires, the republican
state bodies must take promptly the measures envisaged by the legislation, as
well as to inform timely the tenants of hunting areas and citizens with use
of broadcasting and other mass media. It was emphasized that finding the facts
of causing damage the citizens as a result of adoption of decisions on shifting
the terms for hunting, it is the competence of the court of common law to fix
the size of the damage and its recovery.
Summary:
The Constitutional Court of the Republic of Belarus
on 17 November 2005 has examined applications of citizens where they specify
that after adoption by the Constitutional Court of its Decision of 30 June 2005
"On right of payment of insurance sums (risk) of officials of bodies of
internal affairs who were taken ill while serving and performing official duties
as regards liquidation of Chernobyl Nuclear Power Station disaster" they
made their applications to the relevant bodies of internal affairs with the
request to draw up the documents for obtaining the insurance sum under usual
grounds, but their applications were rejected with the reference to the fact
that decision of the Constitutional Court was adopted only with respect to Mr.
I.M. Shavrei.
According to Law of the Republic of Belarus of
10 January 2000 "On normative legal acts of the Republic of Belarus",
acts of the Constitutional Court shall be the normative legal acts that contain
obligatory for all rules of behaviour reckoning on indefinite circle of persons
and repeated use.
In this connection, the Constitutional Court has
proposed for the Ministry of Internal Affairs of the Republic of Belarus, the
Ministry of Emergency and Belarusian Republican unitary insurance enterprise
"Belgosstrakh" in case of applications of citizens with the similar
issues to solve them in accordance with the norms of Law "On militia",
Resolution of the Council of Ministers of the Republic of Belarus of 18 March
1993 No. 156 "On state obligatory personal insurance of persons of the
ranks and the officers of the bodies of internal affairs".
Summary:
The Constitutional Court has examined the issue
on legality of delegation by Smorgon regional Council of deputies to Smorgon
regional executive committee of the powers to increase (reduce) the rate of
real-estate tax.
In accordance with the tax legislation of the
Republic of Belarus, such a delegation of powers in the field of tax relations
may be considered lawful and well-grounded only as regards granting the right
to reduce the rates.
The Constitutional Court emphasizes that transferring
by the local Councils of deputies of the right to increase the rate of real-estate
tax to the executive and administrative bodies is not based on the legislation
of the Republic of Belarus. Smorgon regional Council of deputies had no legal
grounds for transferring to Smorgon regional executive committee the powers
to increase the rate of real-estate tax. Smorgon regional Council of deputies
shall have the right to realize independently the specified power in accordance
with the provisions of the Constitution and in the fulfillment of Article 47
of the Law "On budget of the Republic of Belarus, 2005".
Summary:
The Constitutional Court, by specifying its position
as regards the question raised by the applicant, has pointed out that purchase
by the citizen of the ticket is not always correlated to the execution of contract
of carriage. While transporting the passengers by municipal means of transportation,
making of contract shall be carried out by concluding actions (boarding the
bus, trolleybus, tram), but the payment for the journey may be carried out in
the process of the trip, i.e. during the execution of the contract of carriage.
The Constitutional Court found that if the presence
of the ticket by a passenger confirms definitely the conclusion of the contract
of carriage, then the fact that the passenger and carrier are in relations following
from the contract of carriage shall not necessarily signify that the passenger
must have the ticket in all circumstances.
In case of dispute, the fact of absence of the
contract of carriage between the parties must be proved by the carrier.
The Constitutional Court ruled that failure to
include the ticket in the list of documents stipulated by Article 16 of the
Law "On obligatory insurance of civil liability of carrier before passengers"
shall be considered to be justified.
Summary:
Having examined application of Co., Ltd. "Belservice-2002"
that contains request to examine the issue on unconstitutionality of part three
of Article 28 of the Administrative Code related to confiscation of property
from bona fide acquirer, the Constitutional Court has informed that the position
of the Constitutional Court on the specified issue was stated in its Decision
of 24 May 2005.
At the same time, the Constitutional Court, having
paid attention of the applicant to the requirement of the Constitution and the
law concerning the procedure of initiation of the constitutional proceedings,
pointed out the obligation of the courts and the bodies of the prosecutor's
office to act within the frames of their powers, as well as the right of the
participants of the proceedings within the frames of Article 112 of the Constitution
to put before the court the issue on making the proposal on verification of
the constitutionality of the challenging act.
Summary:
On the grounds of examination of application of
the group of Orthodox Christians on the issues related to electronic identification
of citizens, creation and unification of electronic personal data bases, planning
of issue of new identity cards that will contain electronic information and
biometric data, as well as applications of citizens who refused from the passports
of new model and who, owing to that, have met with the problem of drawing up
the pension and benefits, the Constitutional Court emphasized that the problem
of the personal identification number had been already subject to consideration
by the Constitutional Court and its position was stated in its Decisions of
26 June 2001 and of 15 April 2004.
In addition, the Court found that while adopting
by the state bodies of the relevant decisions on the problem in question, position
of Russian Orthodox Church shall be worth of attention.
The Constitutional Court has also paid attention
to the content of Message of the Hallowed Bishop Council to Mr. V.V. Putin,
the President of the Russian Federation, as well as Address of the Holly Synod
of Russian Orthodox Church of 6 October 2005 to the bodies of power of the countries
of the Commonwealth of Independent States and Baltic.
The Constitutional Court deems that the stated
position may be taken into consideration by preparing draft Law "On register
of population of the Republic of Belarus", other acts directed to legal
regulation of creation of systems of identification and registration, protection
of personal identification.
Summary:
On the grounds of examination of collective application
of the Deputies of the House of Representatives of the National Assembly of
the Republic of Belarus with the request to give explanation in mass media related
to giving the citizens of personal (identification) numbers and admissibility
of setting up in the republic of alternative system of registration and accounting
of citizens who refused from the passports with the numbers in question, the
Constitutional Court emphasized that position of the Constitutional Court was
stated in its Decisions of 26 June 2001 and of 15 April 2004.
The Constitutional Court found that introduction
of alternative systems of passportization and registration may take place only
in the event of positive solution of the authorized state bodies that shall
secure legal regulation of the relevant relations.
The Constitutional Court deems it justifiable
to adopt additional measures as regards proper legal regulation of the relevant
relations, elaboration of mechanisms of protection from unlawful interference
into private life, direct or indirect infringement upon spiritual freedom of
an individual.
In the opinion of the Constitutional Court, adoption
of the relevant decisions by the state bodies shall need weighted approach and
analysis of position, including position of Russian Orthodox Church.
Summary:
The Constitutional Court has examined application
of the Ministry of Finance with the request to express opinion on the conformity
between the Constitution of the Republic of Belarus, other acts of legislation
and insurance conditions fixed in the rules of voluntary insurance of additional
pension.
The Constitutional Court has proceeded from the
fact that the rules of voluntary insurance of additional pension that were approved
by Director General of Joint-Stock Company "Belarusian national insurance
pension fund" that is subject to agreement in the Ministry of Finance,
shall not be referring to the normative legal acts, i.e. to the acts of obligatory
nature. The Constitutional Court has paid attention to the fact that in accordance
with point 11 of Instruction on procedure of drawing up and coordination of
the rules of insurance and insurance rates as regards voluntary types of insurance,
approved by Resolution of the Ministry of Finance of 22 October 2003 No. 145,
the Ministry of Finance shall be entitled to refuse in agreement of the insurance
rules in the event of incompatibility of the insurance conditions with the legislation
of the Republic of Belarus, as well as with the provision of the Instruction
in question.
Summary:
The Constitutional Court on 14 December has examined
the application of citizen A.I. Matsiyaki, a deputy of Smorgon regional Council
of deputies concerning compensation for the deputies of local Councils of deputies
of expenses due to their activities as deputies.
The Constitutional Court has found that in accordance
with Article 33 of the Law "On status of deputies of local Council of deputies
of the Republic of Belarus", for the time period of sessions of the Council,
as well as for exercising powers of deputies in other instances specified by
the legislation, a deputy shall be released from production and official duties
for the time period and according to the procedure determined by the Council.
For the whole period of release on the grounds of the statement of a deputy,
he/she shall be paid average age and compensation for travel expenses in place
of work or service. The specified expenses shall be refunded by the organizations
at the cost of funds of the relevant local budget.
The Law in question shall stipulate release from
work, as well as the relevant compensations only with respect to the deputies
of local Councils of deputies who are working in organizations and shall not
envisage granting of guarantees and compensations for the deputies who are unemployed
citizens, for the deputies who are pensioners, for the deputies who are individual
entrepreneurs.
The Constitutional Court has proposed the House
of Representatives of the National Assembly of the Republic of Belarus for the
purposes of securing the protection of the deputies who are unemployed citizens,
for the deputies who are pensioners, for the deputies who are individual entrepreneurs
to solve the issue as regards compensation of expenses related to their activities
as deputies. Before making alterations and addenda into the law that regulates
the status of the deputy of the local Council of deputies, it would be expedient
to give explanation on the possibility of use of analogy of law while solving
the given issue.
Summary:
The Constitutional Court has examined the issue
on securing the protection of the constitutional rights of citizens and guarantees
of their realization due to inequality of payers of real-estate tax for the
natural persons in Smorgon region (rate of real-estate tax is differ two times
only owing various ways of specification of the value of buildings).
The Constitutional Court in its Decision of 1
December 2005 on the problem in question emphasized that Smorgon regional Council
of deputies had no legal grounds for transferring to Smorgon regional executive
committee the powers to increase the rate of real-estate tax and that Smorgon
regional Council of deputies shall have the right to realize independently the
specified power in strict conformity with the provisions of the Constitution
and in the fulfillment of Article 47 of the Law "On budget of the Republic
of Belarus, 2005".
Under part three of Article 122 of the Constitution,
decisions of local executive and administrative bodies that are contrary to
the law shall be reversed by the relevant Councils of deputies.
Thus, Smorgon regional Council of deputies shall
have sufficient powers to secure protection of the constitutional rights of
citizens and guarantees of their realization by specifying the rate of the real-estate
tax.
Citizen lodged an appeal with the Constitutional Court
On procedure of payment of insurance compensation
On increasing of rate of old-age pension
On specification in collective contract of limited
material liability of workers
On possibility of participation in criminal process
in the courts of the Republic of Belarus of defense lawyers of the Russian Federation
On calculation of period of service for pension
awarding
On right of ownership to the plot of land where
the inherited house is located
On inclusion of time period of execution of social
work in occupational life
Scientific information
Article covers the important role of the Parliament
that it has together with the Constitutional Court in strengthening constitutional
legality in the state.
On the basis of analysis of provisions of Belarusian
Constitution, author specifies wide controlling powers at both Chambers of the
National Assembly - House of Representatives and the Council of the Republic.
Article contains the procedure of reaction of the state bodies and officials
to the proposals and comments of the deputies of the Parliament.
Author makes the conclusion that realization
of the controlling function of the Parliament may be exercised in the forms
and within the limits enshrined in the Constitution by observing the legal status
of other state bodies.
Article covers the role of the Constitutional
Court of the Republic of Belarus in improvement of legislation regulating judicial
protection of rights, freedoms and lawful interests of citizens. In the opinion
of the author, one of the reasons of improper judicial protection shall be imperfection
of the legislation (gaps, collisions, "aging" of the norm of law etc.).
Legal positions of the Constitutional Court that
it formulates in its decisions shall be the ground for correcting the legislation,
alteration of practice of its application, shall contain conceptual approaches
to the issue of a new normative act.
Author makes the proposal on granting the judges
of the courts of common law and economic courts the right to appeal directly
to the Constitutional Court with the issue on verification of constitutionality
of a normative legal act that was applied or is subject to application while
considering the concrete case. Author motivates also the proposal on imposition
of the institute of the constitutional complaint.
Article gives grounds for a thesis that among
the main directions of policy of Belarusian state the social activities shall
have the dominating position. Author points out and makes description of the
basic features of a social state. It is underlined the necessity of more strict
legislative differentiation of the competence of the state bodies as regards
solution of the issues in social field. Article formulates proposals directed
at the improvement of legal regulation of relations as regards strengthening
of social protection of such categories of citizens as pensioners, children
and youth.
The issue raised in the article is considering
by the author against the background of development of social and political
situation in Belarus from the nineties of XX century.
Discussion on establishment of the institute
of Ombudsman on the level of the state bodies and in legal literature is in
interrelations with provisions of international, including European documents,
as well as the relevant acts of recommendation nature adopted within the frames
of the Commonwealth of Independent States.
This paper is dedicated to a problem of correlation
of the international and national law, which is especially actual now because
of a global tendency to internationalization of a public life. Author examines
various aspects of this problem, including questions of coordination of national
interests of the state and its international obligations, resolution of contradictions
as a result of ideological and cultural differences between states, insufficient
efficiency of international legal sources. In conclusion there are some offers
dedicated to increase internal effect of international legal norms and principles.
Article is devoted to the constitutional bases
of the right to access to justice in environmental matters. The definition "access
to justice" is a new one in legal system of the Republic of Belarus and
appears in it in connection with signing of the Convention on Access to Information,
Public Participation in Decision-Making and Access to Justice in Environmental
Matters (Aarhus).
Author researches into specific features of
realization of the powers of land users, landowners, as well as owners of lands
of cities that shall be regulated both by land and civil legislation. Under
consideration are the peculiarities of relations as regards development of land
of cities connected not only with the right to the plot of land, but also the
right to the object built at the given plot of land.
Article is devoted to such a way of realization
of the right to favourable environment as creation and maintenance of national
parks functioning. Author analyzes the current legislation, determines problems
in the given sphere and offers ways of their solution.
On the grounds of analysis of effective legislation
of the Republic of Belarus on motor transportation, treaties that regulate motor
trucking and the procedure of drawing up the transportation in question, the
article studies legal nature and significance of the documents which are necessary
for carrying out motor trucking in the Republic of Belarus. Motivation is given
the concrete proposals on improvement of effective legislation, in particular,
as regards modernization of the norms that are related directly to execution
of motor trucking in the Republic of Belarus.
Under consideration are the issues related
to labour discipline, as well as disciplinary liability of workers as the basic
elements of organization of any public production, collective labour.
On the grounds of analysis of the norms of rules
and provisions about discipline of transport workers, author covers branch peculiarities
of disciplinary liability.
Author makes a conclusion about the necessity
of regulation of differentiation of disciplinary liability of transport workers
in the Labour Code rather then in sub-legal acts and, therefore, formulates
concrete proposals as regards improvement of legislation.
Article contains analysis of effective legislation
that enshrines legal immunities of officials, basic provisions of legal immunities
and specification of persons that enjoy these immunities in the field of operative
and investigation activities, as well as their legal status. Under consideration
are the issues of carrying out operative and investigation measures involving
the constitutional rights with respect to the officials listed in the article.
Under conditions of strengthening counteraction on behalf of criminals, the
fact of knowing of immunities in operative and investigation activities shall
make it possible to avoid violation of legality while carrying out operative
and investigation measures with respect to the circle of persons that is subject
to consideration in the article.
Philosophy of law
Foreign experience of constitutionalism
Article studies the issues related to the most
important constitutional institute - institute of the Head of state. Authors
consider classification of juridical forms of the Head of state, methods of
election, powers, responsibility of the President and other issues on the grounds
of analysis of legislation of a number of foreign states. It is emphasized that
such an analysis is only the general outline, since the status of the Head of
state in the concrete state shall be predetermined by the whole number of the
national peculiarities.
Article is dedicated to consideration of the
issues of membership in international organizations while establishing new states
as a result of disestablishment or separation and integration of the states-predecessor.
Analysis is making of international law literature, international legal instruments,
as well as practice of the states regarding resolving the disputes.
With the help of consideration of provisions
of Constitutional Charter of 2003, the article contains characteristics of legal
grounds of State Community of Serbia and Montenegro that is the successor of
the Union Republic of Yugoslavia.
It is emphasized that new state formation is
characterizing by both features of confederative and federative states.
Author expresses opinion that the Constitutional
Charter of Serbia and Montenegro and the experience of functioning of this Community
may be used in the process of formation of the Union State of Belarus and Russia.
News of science
Round table "Constitutional process and development of political system
in the Republic of Belarus" (21 December 2005)
Scientists of Belarus
Mrs. T.S. Bojko. (to 50th birthday Anniversary)
Mr. A.A. Golovko. (to 80th birthday Anniversary)
Mr. V.I. Semenkov. (to 80th birthday Anniversary)
International relations of the Constitutional Court of the Republic of Belarus
G.A. Vasilevich. Decisions of European Court of Human Rights and national law. Role of law in securing national interests
V.I. Moroz. International Seminar in Trieste
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