G. Vasilevich
President of the
Constitutional Court of Belarus

The Constitutional Court of the Republic of Belarus and his role in the
formation of a democratic, social and rule of law state

Summary

The scientific report is dedicated to the study of the place and role of the Constitutional Court of the Republic of Belarus in the formation and development of normative principles and legal institutions, laid in the base of a democratic society, of a social and rule of law state.

The author of the report, studying the process of the formation and development of legal institutions and institutional systems - which are the components of the whole organism of the society and the state - analyzes the significance of constitutional review in the process of democratization and " socialization" of institutes and institutions.

In the report the author makes the conclusion that the constitutional courts have gained enough experience, while examining the constitutionality of legislative provisions, to found its decisions on the principles of rule of law state, i.e. to recognize the norms of laws, as incompatible with the principles of the rule of law state, lost their juridical force.

The reporter supposes that, for the formation of criteria of a new legislative regulation, the Constitutional Court should formulate the common principles of law, which the state organs should take into consideration adopting their decisions, i.e. the acts of the Constitutional Court have an essential effect on the evolution of the legal system.

The reporter's conclusion, that without granting the citizens the right to address to the Constitutional Court is impossible, on the one hand, to protect human rights and freedoms fast and effectively, on the other hand, to stimulate such behavior of state organs, officials, which will at most be directed to the provision of relevant internal order, - is checked by the practice of those countries, in which the citizens are deprived of this right.