О разработке концепции Закона об Уполномоченном по правам человека в Республике Беларусь

Abstract

The quality of a legal norm depends significantly on efficient law development planning. The introduction of the draft law on the Human Rights Commissioner in the Republic of Belarus into the legislation plan would fully meet modern requirements and the interests of the Belarusian state and civil society. The author believes it to be especially important to include some basic provisions pertaining to the service of the Human Rights Commissioner in the Constitution of the Republic of Belarus. Further specifications of the institution of the Human Rights Commissioner should be fixed in the law which should have constitutional force. The law on the Human Rights Commissioner in the Republic of Belarus should fix the subsidiary nature of the activities of the Human Rights Commissioner. The provisions regarding the personality of the Human Rights Commissioner, the legal status of the office, the election procedure and the termination of activities, the procedure of appeal to the Human Rights Commissioner and complaints processing need to be regulated. In the author’s opinion, special attention should be paid in law pertaining to the authority of the Human Rights Commissioner and forms of response to complaints of human rights and freedoms violations found during the consideration. Great importance is attached to the legal regulations of the international activities of the Human Rights Commissioner in the Republic of Belarus. The author notes that the law on the Human Rights Commissioner in the Republic of Belarus requires legal regulations as to the guarantees, organizational basis and funding of the Human Rights Commissioner’s activities. The necessity to adopt the law on the Human Rights Commissioner in the Republic of Belarus arises from the need to create the conditions for a more far-reaching implementation in the human rights protection of Article 2 of the Constitution of the Republic of Belarus stipulating that a person, his/her rights, freedoms and guarantees of their realization are the highest values and objectives of society and the state.