The Role of the Constitutional Court of the Republic of Byelorussia While Creating the Social State Ruled by Law

Abstract

The practice of the Constitutional Court of the Republic of Byelorussia defending and realising social rights of the citizens is analysed in the article. The idea is raised, that the legal act which is recognized as unconstitutional by the decision of the Constitutional Court can be in force yet, but no longer than 18 months (the reference to the practice of the Constitutional Court of Austria is given). Although under the provissions of the Constitution of Byelorussia citizens have no right to apply with complaints to the Constitutional Court, but the Constitutional Court, based on the right on the Byelorussian citizens to apply to any kind of the institution of the state and to get the motivated answer, investigates such complaints of the citizens and with the conclusions, which have the compulsory character for the institutions of the state, adopts the recommendatory decisions in which the legal arguments are stressed. The institutions of the State must examine these arguments which are disclosed in the decisions of the Constitutional Court. So, the power of the arguments of the act of the Constitutional Court, but not it’s legal power takes an effect.