Constitutional court — empowered by state

Changes to be made to the country’s Constitution
By Svetlana Isaeva

The Chairman of the Constitutional Court, Piotr Miklashevich, explained that such a requirement was caused by the restructuring of the court system. Now that the Supreme and Economic courts have united, there is a necessity to specify some positions of the main law. “Now the status of the Supreme Court as the higher judicial body heading the system of courts of general jurisdiction should be consolidated at the constitutional level,” he said.

Communicating with journalists, the Chairman of the Court told about the suggestion to create a complex document of legal policy at the state level. Mr. Miklashevich said that a similar programme document has already given a good account of itself. The strict principles of this policy were basis of the new body, the Investigation Committee, and there were also other structural changes of the legal system of Belarus.

The right to consult the Constitutional Court will be soon changed. Currently, only 6 subjects from among the higher state bodies can apply for the checking of the legality of legal acts which are adopted in the country. The unification of courts makes room in this list. According to Mr. Miklashevich, the Prosecutor General’s Office may occupy this room. Such practices exist in many countries of the world.

Another thorny question is the certain closeness of work of the Constitutional Court for individual applications. The Chairman said that this problem is known about, he is sure that it can be solved, but that it takes time, “The discussion of the question on the introduction of individual constitutional complaints is under discussion. We will examine this problem. In the future, this problem will probably be solved,” he said.
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