2008 18/11

Kanstytucyja RB i PRAVAThe last convocation of the Belarus’ Parliament was hesitating too long. It stubbornly kept silent, but as a result… it simply decided to keep it to itself… Thus, violating the acting law of the Republic of Belarus About citizen’s applications, it still has given no answer to the address of Aliaksei Lapitski of 23 December 2007, in which the human rights activist applied to the Parliament of the Republic of Belarus as a subject of legal initiative on the proposal of the Constitutional Court.

The document that he submitted to the lawmakers for consideration contained comparative analysis of the articles of the Constitution of the Republic of Belarus and the International Covenant on Civil and Political Rights, ratified by the Republic of Belarus. The author also made conclusions about the improper implementation of the international norms in the field of rights and freedoms in the Constitution of Belarus.

Besides, there was raised an important (to the human rights activist’s opinion) issue about the necessity to introduce the institution of Private Constitutional Complaint, which would give to all citizens (as interested parties in the field of Constitutional rights and freedoms) the legal right to directly address the Constitutional Court of the Republic of Belarus on legal issues and collisions that are not solved by the courts of the first and the cassation instance or contradict to the international undertakings of the country in this field.

Before this, the Constitutional Court of the Republic of Belarus, in its answer # 05-07/910 of 3 December 2007, signed by the first deputy secretary of the Constitutional Court of the Republic of Belarus H.M.Zamachynskaya, forwarded this address to the Parliament of Belarus, thus in fact refusing to consider the specifically constitutional issues, raised by a subject of the law, referring to the inadmissibility of the procedure for consideration of such issues that was established by the present legislation…

Thus, the issue, raised by the human rights activist, proved to be a daily one: the absence of a legal mechanism of Private Constitutional Complaint did not let the Constitutional Court of the Republic of Belarus to quickly and fruitfully implement its functions (!) – to exhaustively consider the obligatory for the Constitutional Court issues concerning the constitutional legislation and full-scale implementation of the international standards in the Fundamental law of Belarus.

Instead, the address that was directed to the Constitutional Court on 23 December 2007 and then forwarded to the Parliament of the Republic of Belarus, was lost in the endless corridors of the representative ‘vertical’…, and the ‘re-electoral Parliamentary reform…’ of 2008 did not make this state organ more responsible in implementing its functions and lawmaking.

Therefore, the Parliament of the Republic of Belarus still has given no answer on such important legal issues…

On 18 November 2008 Aliaksei Lapitski (Zhodzina) filed a repeated inquiry. First of all, the human rights activist tries to get a substantial answers from the Parliament, the Constitutional Court of the Republic of Belarus and to his proposal on amendment of the present legislation.

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One thought on “Will Minsk answer to repeated inquiry from Zhodzina?”

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