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19 January 2017

Constitutional norms strictly observed in Belarusian lawmaking

The Belarusian law-making process is compliant with constitutional principles and rules, BelTA learned from Presiding Judge of the Constitutional Court of Belarus Piotr Miklashevich on 18 January. Piotr Miklashevich made the statement after announcing the final part of the address Belarus' Constitutional Court had prepared to outline the state of constitutional legitimacy in Belarus in 2016 for the head of state and the parliament.

Bearing in mind the rule of law and constitutional supremacy, the Constitutional Court assessed the constitutional legitimacy in Belarus in 2016. As a principle of Belarus' constitutional system the supremacy of law obliges the government, all the government agencies and officials as well as citizens to act in accordance with the Constitution and the legal acts that comply with the Constitution. "Last year the Constitutional Court examined 53 laws adopted by the parliament before they were signed by the president. All of them were recognized as compliant with the Constitution. This means that the process of lawmaking in Belarus is compliant with constitutional principles and rules, and the constitutional values are duly fostered," Piotr Miklashevich said.

The assessment of the constitutional legitimacy revealed conflicts and legal uncertainty of individual provisions in some cases, the address reads. Thus, in its decisions the Constitutional Court formulated legal guidelines to the lawmakers in order to eliminate legal regulation defects with a view to ensuring the rule of law and implementing the constitutional provisions in lawmaking. The Constitutional Court also elaborated legal guidelines to law enforcement structures, which recommend them to consider the constitutional and legal meaning of the laws during their implementation, and point out the unacceptability of the substitution of values in practice.

According to independent assessments made by international organizations, Belarus occupies a stable and dignified rank in the world rule of law index. The index is measured using such indicators as absence of corruption, order and security, constraints on government powers, fundamental rights, open government, regulatory enforcement, civil justice, and criminal justice. Moreover, Belarus is in the leading position among the CIS countries in the ranking.

The address of the Constitutional Court will be published on the website of the court, in the printed media, and on the national legal information website law.by in the near future.

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