2014 12/03

On March 15, 1994 the Supreme Soviet of Belarus adopted the Constitution of the Republic of Belarus. Former judge of the Constitutional Court of Belarus Mikhal Pastukhou tells our correspondent why today in Belarus numerous articles of the Basic Law are violated. (spelling – the primary source)

Let’s remind that the on November 24, 1996 a referendum was held, which have resulted adopting amendments to the current Constitution. According to them the president got a broad mandate – the right to dissolve parliament; assignment of Attorney General, Chairman of the National Bank, the Supreme and Constitutional Courts, half of the members of the Constitutional Court and the Central Election Commission, the third of the members of the Council of the Republic.

In 2004, another referendum was held, the results of which are new changes to the Constitution – the article that restricted the right of one person to occupy presidential post more than two terms was canceled.

Mikhal Pastukhou: As a former judge of the Constitutional Court I can say that the Constitution lately is more like fiction. It’s a ghost constitution. It seems that it exists, but it does not. Some civil rights and freedoms enshrined in the Basic Law are simply unrealistic.

PP: It happens that some issues decrees come in conflict with the Constitution …

Mikhal Pastukhou: Yes, the Constitutional Court and other authorized entities do not raise the question of the constitutionality of decrees and presidential decrees, even if it is obvious that they are in conflict with the Constitution and violate the rights and freedoms of citizens. But the illusion is created that everything is just fine with the Constitution.

In my opinion, many of the documents, which are provided by the official leader of the country, do not fit the Constitution. They violate the rule of law. We must do everything within the limits of the authorities. We can, of course, say that the institution of the presidency did not fit such a framework, but… But it has led us to what we have now.

PP: Which role is currently assigned to the Constitutional Court?

Mikhal Pastukhou: The Constitutional Court turned to the body of the Administration of the President. Judges are appointed by the President or with his consent, we almost did not see the criticism of facts and documents of the official leaders who violate the Constitution. We have seen it in the last example, when courts in Belarus merged on the basis of presidential acts. But everyone knows that if you want to have a union, you first have to amend the Constitution, and only then carry out some modernization. But we have not heard the position of the Constitutional Court on it. And it’s sad…

Kanstantsin Zablotski
Belarusian Radio Racyja
Photo: eurobelarus.info

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