G. A. Vasilevich
Chairman of the Constitutional Court
of the Belarus Republic
– basic document for the legislative
and law-implementing operation
Article is dedicated to the problems of ensuring the supremacy of the Constitution, law-making and law-enforcing activities. Author gives juridical characteristics of the Constitution, determines hierarchy of enforceable enactments. There are proposals on more active official normative interpretation of the Constitution, on considering the Law on budget to be a program law, on determination of special status of program laws.
It is carried out analysis for the content of Article 137 of the Constitution, for the relation of such by-constitutional acts as laws, edicts and decrees. It is expressed an idea that the President shall have the right to fill in gaps of the legislation by his acts, if other bodies of state power do not realize their norm-making powers in the relevant sphere. It is advanced a thesis that not all of the edicts of the President should be considered to be legislative acts (for example, acts issued on the ground of the Constitution, but not on the ground of the law by way of delegation by the Parliament of the powers to the President are of by-law nature).
Attention is paid to certain shortcomings of the Law on enforceable enactments.
Analysis is given the situation in law-creating activities in the Republic of Belarus, it is emphasized the importance of such elements as prognostication of consequences of adoption of enforceable enactments, intercoordination of legal norms, their clearness and stability and, first of all in the field of entrepreneur and economic activities as a whole, as well as in the field of the rights, freedoms and obligations of citizens.
Special attention is paid to exercise of the constitutional control in the state, it is given analysis of the status of the Constitutional Court, significance of its decisions for forming legal system which meet the requirements of a democratic social state ruled by law.
In his article author touches upon other issues concerning norm-creating function of state bodies and practice of application of legislation.