Деятельность конституционного суда Республики Беларусь по защите прав и свобод граждан

Abstract

The problem of securing the citizens' rights and liberties in the Republic of Belarus is analyzed in the article.The role of the Constitutional Court of the Republic of Belarus in protection of rights and liberties and maintenance of constitutionality in the country is also shown . The Constitutional Court of the Republic of Belarus is bringing less Judgments than other courts (general or economic), but its Judgments affect thousands and thousands of people at a time, and often have crucial meaning. Because of the Judgments of the Constitutional Court the judicial system is constantly improving, and this makes it possible the approach the international standards, more fully guarantee the rights and freedoms of the concrete person and citizen. For example, while examining the constitutionality of the acts which regulate the procedure of purchase and sale of flats (houses) in the Republic, the Constitutional Court abolished the existing limitations of rights of citizens of Belarus, and also of other persons who reside in our country. According to the other Judgment the inviolability of the rule of the retrospective effect of the law in the case if this law is softening or defeating liability for the committed infringement was justified. In accordance with other Judgments of the Constitutional Court the right of the citizens for the judicial review of the legality of the administrative detention, personal search, inspection of belongings and withdrawal of belongings and documents was secured. Before that there was, unfortunately, no possibilities for the judicial protection. Practically in every Judgment the Constitutional Court is making references to the international legal acts, which facilitate the improvement of the civilized relationships between person and state. The article stresses the necessity of absolute implementation of the requirements of Article 112 of the Constitution; the proposal is made to expand the rule secured in it to include also international agreements ratified by the Republic of Belarus with the intention to secure its supremacy towards the other constitutional acts . Acting legislation also needs to be improved. It is necessary to correct Article 35 of the Law "On Public Prosecution" taking into account that control over constitutionality of the enforceable enactments in the republic is executed only by the Constitutional Court.