Имплементация международного права в Республике Беларусь

Abstract

The present article provides the analysis of the existing mechanism of implementation of international law in the Republic of Belarus, as well as suggestions for its improvement. Though the Belarusian legal system is generally oriented at due fulfilment of international obligations, it might still be useful to reconsider the current Belarusian approach to some details of correlation between municipal and international law, as well as to the concept of self-executing norms of international law. The Constitutional Court should become the central national judicial body empowered to examine complaints from citizens which would provide the uniformity of application and interpretation of international law, the compliance of national legislation with all sources of "hard" international law. Another step to improve the implementing mechanism is to provide for the direct effect of the whole corpus of international law, unless it is prohibited to apply certain provisions by international law itself. In order to make direct application of international law effective, the national legal order must contain a well-elaborated system of legal remedies that might be used in municipal courts in any case of breach of an international rule. There are several legal remedies in the legal system of the republic which can already be used for this purpose. But they are not enough to attain the desirable effect. Contributions not only of international lawyers, but also of specialists in constitutional law, civil, economic and criminal law and process, financial and administrative law are required for the elaboration of the system of legal remedies.