Opinions & Interviews
Constitutional Court unveils its message to Belarus president and parliament
MINSK, 11 March (BelTA) – The unity and consolidation of society are underpinned by compliance with the Constitution and laws, reads the final part of the Constitutional Court’s message to the president and the National Assembly “On the state of constitutionality in the Republic of Belarus in 2020”. The message was read out by Chairman of the Constitutional Court Pyotr Miklashevich on 11 March, BelTA has learned.
Pyotr Miklashevich informed that in 2020 the Constitutional Court examined 44 laws before they were signed by the president, and recognized them all consistent with the Constitution. At the same time, the examination revealed deficiencies in some laws resulting from legal gaps and legal uncertainty. In this regard the legislator was recommended to eliminate them as part of parliamentary work to streamline the legislative regulation of public relations. “The Constitutional Court warned against distorting the constitutional and legal meaning of the laws that could lead to infringement of legal rights and freedoms of citizens,” the Constitutional Court chairman said.
“The Constitutional Court believes that the legislator needs to keep the laws current with the changing order of things and to rely on the support of the general public when amending laws in important areas of public life and public administration. Thus, it makes sense to make a regular use of the institutions of forecasting, public debate, national and regional dialogues to discuss bills,” the Constitutional Court's message reads.
One of the focuses of the document was legal regulation of information and communication technologies, digitalization of public relations. The changing political, social, economic and legal settings necessitate the overhaul of laws, the Constitutional Court is convinced. “This requires conceptualization and effective regulation. Under the new conditions, the legal system must guarantee the safe implementation of human rights and freedoms, stability and progress in constitutional development, the preservation and strengthening of fundamental values of the Belarusian society and state,” Pyotr Miklashevich noted.
He believes that it is of paramount importance to provide comprehensive and systematic legal support to the digital economy with a view to creating a business-friendly regulatory environment. “The Constitutional Court believes that the digital economy needs a well-developed legal framework and a new generation of legal regulators that will ensure smooth digital transformation of economic processes. For these purposes, it is necessary to improve laws, arrangements in the digital field, property law, corporate law, agricultural law, and commercial law, and to formalize digital rights in the Civil Code,” the chairman of the Constitutional Court said.
Taking into account the emergence of new forms of employment and new services, the Constitutional Court urges legislators “to develop legal mechanisms to ensure modern standards of social security and employee insurance” for people of all forms of employment.
The Constitutional Court also called on the parliament to be up to speed with the changes in public relations resulting from digitalization, and with new virtual mechanisms for implementing rights and freedoms. “The upgrade of the constitutional and legal status of an individual necessitates the improvement of legal action, taking into account voluntary informed consent of a person to interact with information and intellectual systems and the obligation of the state to ensure the safety of such interaction,” the Constitutional Court's message reads.
The document indicates that it is necessary to find a balance between public and private interests, the government’s actions and individual freedoms at various levels of their manifestation. This can be achieved through timely regulation of new forms and methods of civil participation in social affairs and public administration.
The message emphasizes a special role of the Constitution that serves as a legal foundation of democratic development of the society and the state. “Evolutionary constitutional development based on fundamental constitutional ideals and values can help overcome new threats, ensure the rule of law and constitutional order. The Constitutional Court believes that it is necessary to promote the idea that respect, conscious and voluntary observance of the Constitution and laws of your country are the pillars of unity and consolidation of society, sustainable and robust development of the Republic of Belarus,” Pyotr Miklashevich emphasized.
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