On 15 March 2018 the President of the Republic of Belarus Alexander Lukashenko held a meeting with judges of the Constitutional Court. Ways to improve the activities of the Constitutional Court, effectiveness of the exercise of the constitutional review, formation of the constitutional culture were in the focus of the meeting. The President of the Republic of Belarus expressed his opinion on the issue of amending the Constitution taking into account development of public relations at the present stage and drew attention to the need for participation of judges of the Constitutional Court in this process

In his speech Chairman of the Constitutional Court Petr Miklashevich noted the following.
In modern conditions the constitutional review is an inalienable institution of democratic development, stability of statehood on a constitutional basis.
At the same time, ensuring constitutional legality is a necessary condition for the exercise and protection of human rights and freedoms as the main goal and value of society and the state.
Today it can be noted that:
Firstly, the Constitution is a real legal basis for the development of Belarus as a democratic social state based on the rule of law, for ensuring unity and civil consent in society;
Secondly, the observance of constitutional provisions by state bodies, officials and individuals prevents emergence of constitutional and legal conflicts, guarantees stability in society and the state;
Thirdly, on the basis of the constitutional principles formation of the modern legal system of the state goes on, the constitutional legal mechanism of interaction between the individual, the people and the state is ensured.
It should be emphasised that the supremacy and direct action of the Constitution, the protection of the constitutional order, rights and freedoms of individuals require constant and aimed actions of all state bodies, systemic development of constitutional provisions in rule-making and the constant maintenance of the constitutional and legal regime in law-enforcement.
In order to improve the effectiveness of constitutional and legal regulation, taking into account European and global trends in the development of constitutional justice, the Constitutional Court sees the need for improvement in the following fields.
1. In the exercise of obligatory preliminary review over the constitutionality of laws adopted by the Parliament, before being signed by the President of the Republic of Belarus, the Constitutional Court proceeds from the idea that preliminary review should be aimed to prevent the emergence of provisions that contradict the Constitution in the legal system.
Systemic influence of the constitutional principles and rules on socio-political and socio-economic relations presupposes consistent constitutionalisation of social relations.
At the same time, it should be noted that the participants in the legislative process do not always take into account which constitutional provisions are the basis of legal regulation of certain social relations and how these social relations should be developed in legislative acts.
In order to assess the effectiveness of the constitutionalisation of law in a timely manner, a system of constitutional monitoring should be developed to analyse the implementation of fundamental constitutional principles. In the modern information society and taking into account intensification of all social processes this will make it possible to use the regulatory potential of the Constitution more effectively.
2. The Constitutional Court has developed the practice of formulating legal positions aimed at further improvement of constitutional and legal regulation in the decisions taken in the exercise of obligatory preliminary review over the constitutionality of laws.
However, the proper mechanism for their implementation is not regulated; there is not enough organisational and legal means to review the constitutionality of law-enforcement.
In order to ensure the constitutional and legal regime of law enforcement, to prevent distortion of the constitutional and legal meaning of legal rules, the legal mechanism for implementation by state bodies of the legal positions of the Constitutional Court should be enshrined in the Law “On Constitutional Proceedings”.
3. Since 2008 the Constitutional Court has consistently formed the practice of taking decisions on the elimination of gaps, collisions and legal uncertainty in normative legal acts. At the same time, the discretionary powers of the legislator in the legislative process are taken into account.
It should be noted that the existing mechanism for eliminating defects in legal regulation by means of constitutional justice is not used in full.
It is advisable to introduce mandatory referral to the Constitutional Court into practice of law enforcement activities of state bodies when there are doubts on the presence of gaps, legal uncertainty and collisions in order to ensure the unity of constitutional and legal regulation.
4. Currently, the law provides for indirect access of individuals to constitutional justice through entities entitled to submit to the Constitutional Court proposals to review the constitutionality of normative legal acts.
According to available information, about 70 initiative applications of individuals and legal entities are submitted annually to the authorised bodies. However, in the past four years only one judgment of the Constitutional Court has been taken on the proposal of the House of Representatives of the National Assembly on the basis of the initiative application of an applicant challenging the constitutionality of a number of provisions of the Criminal Procedure Code, which did not provide for the possibility, upon the application of close relatives, of considering the rehabilitation of a deceased person who was to be involved as the accused.
In order to expand the possibility of reviewing the constitutionality of law enforcement activities, the authorised bodies shall more actively submit proposals to the Constitutional Court on the basis of initiative applications of individuals and organisations.
5. The Constitutional Court has other powers, including:
to make decisions on conformity of international treaties of the Republic of Belarus which have not yet entered into force to the Constitution on the proposal of the President of the Republic of Belarus;
to give its conclusion on existence of facts of systematic or gross violations of the Constitution by the Houses of the National Assembly of the Republic of Belarus on the proposal of the President of the Republic of Belarus;
to make decisions on existence of facts of systematic or gross violation of requirements of the legislation by the local councils of deputies on the proposals of the Presidium of the Council of the Republic of the National Assembly.
These powers have not been used by the Constitutional Court. On the one hand, this indicates that there were no specific situations requiring their use. On the other hand, it confirms the achieved high enough qualitative and constitutional level of activities of state bodies and their interaction.
Further strengthening of constitutional legality necessitates the development of constitutionally oriented sense of justice based on a deep comprehension and perception of the values ​​and principles of the Constitution.
There is no doubt that the constitutional culture shall be purposefully formed both in the public conscience and in the conscience of officials of state bodies exercising professional activity on the constitutional basis.
It should be borne in mind that through the implementation of constitutional provisions the formation of a person and a citizen as an active participant in constitutional legal relations takes place.
In modern conditions, with the legal system formed on the constitutional basis, effective functioning and interaction of the branches of power, the key to ensuring constitutional legality and improving constitutional control is the further establishment of the supremacy of the Constitution as the legal foundation for the sustainable and dynamic development of the Republic of Belarus.

In conclusion, Petr Miklashevich on behalf of all judges of the Constitutional Court expressed deep gratitude to the President of the Republic of Belarus AlexanderLukashenko for creating appropriate conditions for the activities of the Constitutional Court in the reconstructed historic building.

For Print