Žmogaus teisių ir teisinės valstybės koncepcija Baltarusijos teisinėje sistemoje

Abstract

The article discusses the concept of human and the constitutional state as the notion of the modern legal theory as well as the problems that arise in the jurisprudence of Belarus when it includes this concept into the country‟s legal system. Having changed the legal positivism, which had formerly been the predominant notion in the Belarus‟ legal system, the concept of human rights and the constitutional state determines the current directions of the reform in the country‟s legal system as much as this reform is oriented towards the realization of this concept in the republic of Belarus. In order to reform the country‟s constitutional system, the Constitutional Court and the President‟s institution have been established. There have also been made respective alterations in the activity and competence of other state institutions and measures are being take to create the economic fundaments of the constitutional state and civil society based on the diversity and equality of property forms, the freedom of enterprise and the inviolability of property. The reform of legal education and development is also underway.
The adequately oriented reform of the legal mentality is considered to be the primary condition for the creation of the constitutional state, which is the universal notion of the legal supremacy as the effective means of the protection of human rights.