Certificates{Acts} of the legislation as the major source of the right in Byelorussia. A general characteristic

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Certificates (Acts) of the legislation as the major source of the right in Byelorussia. A general characteristic

The basic kinds of sources of the right are normative legal certificates {acts}, judicial precedents, and legal customs. Depending on legal system (to what legal family she {it} belongs) the role and value, and also a parity {ratio} (a legal subordination) various sources of the right varies. For example, in system of a general law the role of judicial precedent is traditionally important. The wide circulation in this connection has received expression: «the Law is that judges speak about it {him}». In the Roman-German legal family to which the Belarus right concerns also, normative legal certificates {acts} dominate led by the hand-written Constitution.

At the same time, last year's process of convergence of these two legal families is obvious, namely: in Anglo-Saxon legal family value of the statute right, and in Roman-German the big role increases, than it was earlier, gets judicial precedent.

Proceeding from our traditions and value of legal certificates {acts}, as source and main thing making national legal systems, as to system of legal certificates {acts}, their hierarchy, existing rules and principles of their acceptance and functioning the basic answers to the specified questions are given with the Constitution and the Law «About normative legal certificates{acts} of Byelorussia» from January, 10, 2000 with the subsequent changes and additions. It {he} has defined{determined} the maintenance{contents} of concept "legislation". It is system of the normative legal certificates {acts} regulating public attitudes {relations}. Thus, normative legal certificates {acts} of all bodies of the state are attributed {related} to number of certificates {acts} of the legislation, switching and certificates {acts} local representative (Advice {Councils} of deputies) and executive and administrative bodies (executive committees, local administrations). Among the legislation acts - besides the Constitution is allocated, these are laws of Byelorussia, decrees and decrees of the President of Byelorussia.

According to practice developed in Byelorussia all legal certificates {acts} are subdivided into normative legal certificates {acts} and правоприменительные certificates {acts}. In clause {article} 1 of the Law «About normative legal certificates{acts} of Byelorussia» definition of the normative legal certificate{act} is given is a official document of the established form, accepted (issued) within the limits of the competence of the authorized state body (official) or by a referendum with observance of the Byelorussia established by the legislation of the procedure containing obligatory rules of behavior, designed not a uncertain circle of persons and numerous application. Правоприменительным the certificate{act} to which the concrete situation is authorized, dispute is, norms of the general{common} character in relation to concrete subjects of attitudes{relations} are applied.

One of significant and less steady groups of acts in comparison with the Constitution is ordinary laws. They adjust separate kinds of public attitudes {relations} more often, have complex character, incorporating the norms concerning to various spheres of a public life less often. Usual laws are accepted by Parliament the simple majority of voices from full structure of each of chambers.

Set of laws as complete system has the purpose regulation of public attitudes {relations} with a view of maintenance of the rights of citizens, functioning of all state institutes. Each law has the special subject of regulation from political sphere up to social.

Laws differ on their validity under the attitude {relation} to each other - usual and constitutional. The constitutional laws are determined in the Constitution (an item 140). Laws on modification concern to them and additions in the Constitution, about introduction in action of the specified laws on interpretation of the Constitution. They are considered accepted if for them has voted not less than two thirds of full structure of each of chambers of Parliament. Thus the law on change and addition of the Constitution can be accepted after two discussions and одобрений Parliament with an interval not less than three months.

Among usual laws it is necessary to allocate the codes being кодифицированными certificates {acts}, providing a complete regulation of corresponding branch. Codes have the big validity in relation to other laws. Practice of work of the Belarus Parliament testifies to aspiration of the legislator on some directions to accept certificates {acts} which would be base for other usual laws accepted in corresponding sphere. In some cases in laws such formulations which give to them stability, stability and leadership in relation to similar or подзаконным to certificates {acts} are fixed. Unfortunately, still the declarative type of the law is partly kept, that as a whole has passed since former times when the law was considered{examined} as the general{common} certificate{act} and was considered, that the most remarkable is the abstract norm covering as the greater number of attitudes{relations} is possible. Valid абстрактности many norms contained in laws, правоприменительные bodies including courts, aspired to study first of all подзаконные the certificates {acts} distinguished by the greater concreteness. Appreciably for the same reason it is possible to explain absence in our history of decisions of courts with the reference only on clauses {articles} of the Constitution.

In the Constitution of Byelorussia the spheres of attitudes {relations} subject to legislative regulation are determined. It is possible to assert {approve} that an item 84, 97, 98 Constitutions establish borders of delimitation нормотворческой activity between the President and Parliament. In a new wording the Constitution of 1994 in the certain measure managed to formulate more precisely those areas in which the Parliament cans.

The basic function of any Parliament - legislative (alongside with control and administrative). Thus it is necessary to mean, that acceptance of laws is a business of both chambers, however legislative process always begins in the House of Representatives. According to the Belarus legislation any bill if other is not stipulated by the Constitution, all over again is considered{examined} in the House of Representatives, and then in Advice{Council} of Republic. Many other powers are, as a rule, for each of chambers extremely its {her} powers and do not demand obligatory participation of other chamber,

In item 2 of an item of 97 Constitutions consideration of projects of laws, including on the statement of the basic directions is attributed{related} to the competence of the House of Representatives internal and foreign policy of Byelorussia; the military doctrine; ratifications and denouncements of the international contracts; about the basic maintenance{contents} and principles of realization of the rights, freedom and duties of citizens; about citizenship, the status of foreigners and persons without citizenship; about the rights of national minorities: about the statement of the republican budget and the report on his{its} execution{performance}; an establishment of republican taxes and tax collections; about principles of realization of attitudes{relations} of the property; about bases of social protection; about principles of regulation of work and employment; about a marriage{spoilage}, family, the childhood, motherhood, paternity, education, formation{education}, culture and public health services; about preservation of the environment and rational use of natural resources; about definition about the decision of questions of the administrative-territorial device of the state; About local self-management; about судоустройстве, legal proceedings and the status of judges; about the criminal liability; about amnesty; about declaration of war and about the conclusion of the world; about a legal regime of the militaries and state of emergency; about an establishment of the state awards; about interpretation of laws.

In connection with fastening in item of 97 Constitutions of the list of projects of laws which are considered {examined} by the House of Representatives, it is possible to make some conclusions. First, acceptance of statutory acts is attributed {related} to the competence of the House of Representatives (so also Parliament as a whole) as laws in sphere of the most important public attitudes {relations}; second, the fact of a formulation of the given list means, that in the given sphere public attitudes {relations} can be settled by only such kind of statutory acts, as the law. Thus it is necessary to speak about guarantees of activity of a legislature, about inadmissibility of intrusion into his {its} sphere of influence of other branch of authority. The resulted list of projects of laws which the House of Representatives can consider {examine}, is not exhaustive, she {it} has the right to pass laws and on other questions if their sanction is not attributed {related} by the Constitution to the competence of other bodies of the government. That is it is possible to talk about prospective powers of Parliament as body of national representation. The special place among the certificates {acts} accepted by Parliament, is borrowed {occupied} with rules of chambers. They are normative legal certificates {acts} (though are accepted in the form of decisions), but as against laws subscribe not the President of Byelorussia, and speakers of chambers of Parliament. On questions of administrative and control character of chamber accept decisions.

The president of Byelorussia for realization of own powers has the right to issue decrees and orders, and by virtue of special necessities or at delegation to it {him} Parliament of own powers as well decrees. Already choice of such form of the certificate{act} as means the decree, that the given certificate{act} is issued on those questions which in usual conditions should be resolved by Parliament. It would be desirable to pay attention to such feature at once here: time decrees in three-day term from the date of the edition go to Parliament (House of Representatives) and are valid, if they are not cancelled by the majority not less than two thirds of voices of full structure of each of chambers.

Normative legal certificates {acts} the Government - issues decisions. Certificates {acts} of administrative character the Prime minister - issues orders. The national bank of Byelorussia accepts decisions on questions of a monetary and credit policy. The most active is departmental нормотворчество.

At us such type which essence is reduced basically to necessity of fast increase in a legislative file was generated. Really, in legal regulation it is necessary to fill blanks urgently, it is especial in the field of fundamental laws and freedom of citizens. However thus it is necessary to give enhanced attention of a coordination of statutory acts, соподчиненности in view of their validity.

Restrictions should be necessary; the legislator should choose the least burdensome means of restriction of the rights. The principle of proportionality should, be considered {examined} as an assumption of such intervention in rights and freedom which конституционно are necessary. A basis for definition of legality of actions is the item 23 Belarus Constitutions, and also positions of the international documents on the rights and freedom of citizens.

As a source of the right in the separate countries the doctrine - competent judgment of known scientists or lawyers on legal questions is considered {examined} legal. In the English-speaking countries, for example, груды outstanding lawyers are used by judges for a substantiation of the decisions. In the Belarus practice business is a little differently.

The doctrine, certainly, influences formation and realization of the right, acts as a source for other forms, first of all for normative legal certificates {acts}. But besides she {it} does not carry out independent function of regulation of public attitudes {relations}.

Frequently sights of outstanding Belarus scientists obtain in the Belarus practice recognition in practice (courts, administrative bodies, the state, etc.).

In themselves stated ideas in the literature can receive realization, recognition only after any time. However for the doctrine basic value has it's {her} effectiveness, признанность, authoritativeness, breadth of distribution and influence on public attitudes {relations} which allow this phenomenon to apply for self-sufficiency.

Recommendations of scientists - constitutionalists promote definition legislative and others правотворческими bodies of object of legal regulation, to ordering of legal regulation.

The science of the constitutional (state) right has passed some stages in the development. Becoming and development of a science of the state (constitutional) right began during the pre-revolutionary period. Among the known scientists - working at the end of XIX - the beginning of XX century, it is possible to name I. Iljina, N. Korkunova, N. Lazarevskogo. L. Tikhomirov. N. Palienko. B. Tchitcherin and others. They have developed and have defined {determined} the basic concepts of state law, including idea of democracy, the state sovereignty, the form of board (a monarchy, republic), etc.

Development in Byelorussia can be divided {shared} sciences of the constitutional (state) right into some stages.

In Soviet the period a science of a constitutional law and its{her} representatives started with necessity of a recognition of the Marx-Lenin theory as basic tool of the decision of all problems{tasks} and estimations of the phenomena occurring in a society. Obviously class approach dominated.

In 80 - 90th years many scientific constitutionalists have considerably changed the sights, having risen on positions of the account of objective laws of development of the state and a society. Thus, the truth, there were attempts to deny everything, that only has been achieved, and not just negative.

During the modern period the science of a constitutional law develops in a vein of the conventional idea of leadership and a celebration of the Constitution as nucleus of all legal system. Scientists and practice argue (and their right that testifies to presence of a freedom of speech, judgments) the maintenance {contents} of the Organic law, democratic character of his {its} norms. Representatives of a science aspire to react operatively to needs {requirements} of social development and to state the recommendations. Scientific researchers are directed on development of political system of a society, constitutional building, a civil society, a legal status of the person, a presence {finding} of optimum balance of interests of the state, a society and the separate person. Before a science of a constitutional law the huge problems {tasks} caused by a special, predominating place of a constitutional law among other branches of the right cost {stand}.

In case of detection of ambiguities and distinctions in the maintenance {contents} of the normative legal certificate {act}, and also contradictions in practice of his {its} application нормотворческий the body (official) who has accepted this certificate {act}. Or, if other is not stipulated by the Constitution of Byelorussia, the body authorized by him {it} carries out official interpretation of these norms by acceptance (edition) of the corresponding normative legal certificate {act}.

At interpretation of the normative legal certificate{act} the maintenance{contents} of his{its} rules of law speaks or specified, their place in the legislation, and also functional and other communications{connections} with other norms regulating various aspects of the same kind of public attitudes{relations} is defined{determined}.

At interpretation of normative legal certificates {acts} entering into them of changes and (or) additions is not supposed.

Interpretation of certificates {acts} can be classified to various attributes. Interpretation distinguish on his {its} legal compulsion: а) official (bears{carries} imperious character, it is necessary for execution{performance}): б) informal (has no obligatory validity). Official and informal character of interpretation depends on the subject giving interpretation.

Official interpretation is an explanation of true sense of norms of the right given by state bodies established on that.

Official interpretation is subdivided on normative and казуальное. Normative interpretation has the general {common} character, i.e. it is necessary for the certain kind of public attitudes {relations} (categories has put); казуальное - it is necessary for a concrete situation (данною affairs).

Normative interpretation is the explanation given with the purpose of elimination of mistakes in understanding of the certificate {act} and maintenance of his {its} uniform application. Normative interpretation has some kinds: аутентическое and the legal (delegated) interpretation.

Аутентическое interpretation represents an explanation of the statutory act body, his{its} accepted. "means “original”", «based on the primary source» interpretation possess the right all нормотворческие bodies.

The legal or delegated interpretation assumes a summer residence of an explanation of the statutory act other authorized body which did not accept the certificate {act} subject to interpretation.

The delegated interpretation can be carried out by various subjects (Council of Ministers. The ministry, etc.).

The certificate {act} of interpretation, irrespective of time of his {its} acceptance, on time of action coincides with толкуемым the statutory act. At a cancellation of statutory acts in full or in part lose force corresponding norms of the certificate {act} of interpretation. Толкуемый the certificate{act} and the certificate{act} of interpretation should coincide on the volume, however last can be accepted and to bring in novelty aspects to understanding of the first in view of developed new political and social and economic attitudes{relations}. Use of norms of the law (other certificate {act}) contrary to interpretation means infringement of the law (иною the certificate {act}).

Creation of the certificate {act} of interpretation is carried out in view of action of all procedures правотворческого process.

The interpretation given by various bodies on the same question, it is necessary to distinguish on their validity depending on the status of corresponding body.

According to clause {article} 62 of the law «About normative legal certificates {acts} of Byelorussia» normative legal certificates {acts} of Byelorussia are subject to official publication. Official publication of normative legal certificates{acts} is understood as their finishing up to general data by reproduction of the text of normative legal certificates{acts} in the edition of the National register of legal certificates{acts} of Byelorussia and other official publications determined by the President of Byelorussia. Official publication of normative legal certificates {acts} is carried out in that state language on which they are accepted. (In Byelorussia, as is known, two state languages - Belarus and Russian). Publication of the normative legal certificate{act} in other languages is supposed only at presence of his{its} official translation into the corresponding language, authorized by corresponding state body (official) in the order established for acceptance (edition) of this certificate{act}. Date of official publication of the normative legal certificate {act} considers day of issue of the official publication in which this certificate {act} is placed. In case of occurring at different times publication нормативною the legal certificate{act} in several official publications date of official publication of the normative legal certificate{act} and term of the introduction of it{him} are valid defined{determined} by date of initial publication. Normative legal certificates{acts} or their separate positions containing the state secrets or other Byelorussia protected by the legislation of data if other is not stipulated by the legislation of Byelorussia are not subject to publication. The decision that the normative legal certificate{act} or his{its} separate positions are not subject to publication, is accepted in established by the legislation of Byelorussia the order the authorized state body (official) about what on the original of the normative legal certificate{act} the corresponding mark is done{made}. Normative legal certificates {acts} are published with the instruction {indication} of their obligatory essential elements: a kind of the certificate {act}, date of his {its} acceptance (edition), a serial number and the name. Official publication of normative legal certificates {acts} in an incomplete statement is not supposed, except for cases of publication of the normative legal certificates {acts} containing separate positions, not subject to publication.

By the law are determined term and conditions of official publication of the normative legal certificate {act}. "Immediate" publication of laws and decrees should be carried out in the prime order that is in the first releases of newspapers and magazines as soon as the decree or the law has acted {arrived}. Decrees of the President of Byelorussia, the decision of Council of Ministers of Byelorussia of normative character also are subject to official publication if other as it is determined in parts of the third and fourth item 63, is not established by certificates{acts} of the President or the Government. Decrees and decisions of the Government are subject to official publication in five-day term from the date of their receipt in official publications (except for the edition of the National register of legal certificates {acts} of Byelorussia).

According to a part of the fourth item 63 laws other normative legal certificates{acts} are subject to official publication after their inclusion in the National register of legal certificates{acts} of Byelorussia.

For publication of normative legal certificates {acts} five-day term is established from the date of their receipt in bodies of the official publication. Exception is made with decrees and laws which are subject to immediate official publication. Thus concerning one certificate {acts} their inclusion in the National registers of legal certificates {acts} of Byelorussia is required, and others - are not present.

In an item 63 exception for the edition National the register of legal certificates {acts} of Byelorussia in which statutory acts can be published and after five-day term is made. Thus we believe, that excess of the specified term probably only by virtue of the technical reasons legislatively should be specified, that the publication of the acted {arrived} statutory acts in the National register should be carried out in the nearest number.

Normative legal certificates{acts} can be published in the editions which are not being official, and also are finished with general data on TV and radio, transferred{handed} by means of different ways of distribution of the information. Normative legal certificates {acts} can be published in an incomplete statement with a mark "Extraction". Publication of normative legal certificates {acts} in the editions which are not being official is informal. Informal publication of the normative legal certificate {act} is carried out only after his {its} official publication with observance of the requirements showed to activity on distribution of the legal information. Thus for each normative legal certificate{act} the source of official publication, number and date of licensing for realization of activity on distribution of the legal information if according to the legislation of Byelorussia presence of this license is necessary are necessarily specified also.

Decrees of the President of Byelorussia and laws of Byelorussia inure in ten days after their official publication if in these certificates {acts} other term is not established.

Decrees of the President of Byelorussia, the decision of Council of Ministers of Byelorussia and other normative legal certificates{acts}, behind some exception, inure from the date of their inclusion in the National register of legal certificates{acts} of Byelorussia if in these certificates{acts} other term is not established.

Decisions of chambers of Parliament - National assembly of Byelorussia inure from the moment of acceptance if other is not stipulated in decisions.

The normative legal certificates {acts} concerning the rights, freedom and duties of citizens, inure only after their official publication. Thus normative legal certificates {acts} are published after their inclusion in the National register of legal certificates {acts} of Byelorussia if other is not stipulated by the present Law.

The legal custom is authorized by the state a rule of behavior earlier developed as a result of repeated recurrence. Historically the custom precedes the law, i.e. before occurrence of hand-written certificates {acts} (normative legal certificates {acts}) already there were repeatedly repeated variants of behavior of people which were transferred from generation to generation. The attitude {relation} to institute of a common law among the scientists - lawyers, who are carrying out researches during the Soviet period, was mainly negative. We believe that ideological installations here dominated. In fact legal custom and change of political, social, economic systems by revolutionary way - the phenomena incompatible. The custom "preserved" a situation, it {he} kept and fixed traditions of the past. Therefore preservation of a common law could interfere with destruction of all pre-revolutionary building. The legal custom has practically been superseded from legal system of the USSR. Perhaps, it {he} admitted only international legal attitudes{relations}. Often enough were references to the Code of trading navigation of the USSR.

In clause{article} 1 of the Constitution Byelorussia is defined{determined} as a democratic social lawful state, that imposes corresponding duties not only on правотворческие bodies and those who directly executes norms of certificates{acts} of the legislation (the state bodies, officials, citizens), but also on the Constitutional Court. A basis for such movement are the principles of the legal democratic state formulated or "deduced {removed}" from the text of the Constitution of Byelorussia, the international documents first of all devoted to the status of the person and the citizen. On their realization activity of the Constitutional Court of Byelorussia also is directed. Нормативность the constitutional principles consists in addition in rendering directing influence on all legal system; by them all should be guided bodies.

In the legal literature the word "principle" is opened as the beginning, a basis, supervising idea, a starting position. As principles of the right understand the supervising normative beginnings underlying the right which express his {its} essence and define {determine} the general{common} orientation of legal regulation [1].

Depending on the form of fastening principles of legal system subdivide on «principles - ideas (existing in the form of sense of justice) and principles - norms or norms - principles, that is those principles - ideas which are fixed in sources of the right» [2]. Norms of the right frequently are subdivided on starting (primary) and norms - rules of behavior. To the first version of norms carry the norms - beginnings, norms - principles, norms - definitions [3].

Special role in regulation of attitudes{relations} between the states, rendering of influence on internal policy, switching and legal, the conventional principles of international law which are defined{determined} as «historically caused, basic standard norms expressing the main maintenance{contents} of international law, play his{its} characteristic features and possessing the maximum{supreme} imperative validity» [4]. The concept «the conventional principles» as it is marked in the literature, has extremely international legal nature and here it is possible to speak about a recognition or non-recognition by the different states of those or other ideas and specifications [5].

The constitutional norms and principles form a legal paradigm as they reflect and simultaneously form concepts of legislative development of the state and a society. The constitutional Court as the maximum {supreme} legal instance under the sanction of legal collisions fixes the validity of this or that concept in the decisions. In this connection it {he} has no right on a mistake.

In criminal - and administrative - legal spheres the principle of proportionality should be applied with the greatest degree of the importance. The measure of the responsibility should be adequate to weight содеянного. Thus the question is not only terms of imprisonment, but also about the administrative responsibility. For example, keeping the retaliatory function, administrative penalties should not have "ruinous" character. In sphere of criminal - remedial attitudes {relations} actual there is a problem of decision-making on the conclusion under the guard up to court provided that restriction of freedom in this case will be a measure proportional to character of a prospective crime and punishment which attracts fulfillment of such crime.

Creation of the organized mechanism of restoration of the broken right is typical of a lawful state. Certainly, the overwhelming majority of judges and public prosecutor's workers aspire to carry out the functions properly. The court really should be independent, impartial and competent. This is promoted by term less character of purpose {assignment} of the judge on a post that was always supported by the Constitutional Court of Byelorussia. At the same time the hobby for the analysis of the reasons of so-called judicial red tape frequently withdraws aside from the decision of other, most important problem {task} - correctness of departure of justice. It is necessary to be afraid not of a cancellation of judicial decisions, and preservations of illegal decisions. Certainly, while the judicial decision is not cancelled, it should be executed. Other statement cannot be.

One of the major is the principle to the certificates {acts} establishing {installing} or strengthening the responsibility, return force. And though in an item of 104 Constitutions of Byelorussia speech of shoulders about the laws, the specified principle has universal character and distributes the action to all certificates {acts} of the legislation, i.e. decrees, decrees, decisions of the Government, certificates{acts} of the ministries, departments, local Advice{Councils} of deputies, executive and administrative bodies.

Certainly, the base of all правообразующей activity are the Constitution, the international certificates {acts} which contain not only rules of law, but also principles (the supervising ideas determining the basic directions of activity). If to analyze the Constitution of any country it is possible to find the principles of the legal democratic state fixed in it{her}. Their observance - major condition of reasonable legal regulation, i.e. such legal influence on public attitudes {relations} which promotes progressive development of a society by virtue of the account of objectively developing laws.

It is necessary to carry the following to such major legal principles:

1. A principle of constitutionality, i.e. leadership of the Constitution, its {her} direct action, forming of all hierarchy of legal certificates {acts} and practice in conformity with the Constitution.

2. Coherence of the state bodies the accepted decisions, including own, inadmissibility of giving to the certificates {acts} establishing {installing} or strengthening the responsibility, and also worsening a legal status of subjects of managing and citizens, return force. At the same time it is allowable at expansion of advantages (privileges). At the decision of problems of the economic order is allowable to give to the certificate{act} return force only in case of extreme, exclusive circumstances when it is necessary to solve the vital questions which could not be expected beforehand.

3. Deviation from a principle of inadmissibility of giving of return force to the law worsening a legal status of participants of public attitudes{ relations}, results in infringement of other principles of a lawful state, so rights and freedom of citizens. In this case the principle of trust of the citizen to the state is broken. The state, in essence, any way encroaches on already got and protected rights.

The state bodies should be consecutive in business of legal regulation, providing thus confidence of citizens of predictability of actions of power structures. Therefore efforts of bodies of legislative and executive authority, the constitutional courts should be directed on the statement in daily practice not only such major principles, as prohibition of return force of the law, but also on maintenance of trust of the citizen to the state at realization by his {its} bodies правотворческой functions, and also protection of the got rights.

4. Fastening in the legislation of the rights of citizens and their realization should have stable character. The citizen should be confident, that it {he} will not undergo to such legal consequences which it{he} could not expect at the moment of acceptance of the decision. Hardly we have the bases to assert {approve} about a management efficiency if the legislation is actable, is subject to tactical updating. Thus, certainly, it is impossible is artificial "to preserve, keep certificates{acts} constant, establishing any artificial interdictions on their updating, for example, defining{determining} term during which is inadmissible to make changes and additions to earlier accepted legal certificate{act}.

5. The major is the principle of knowledge of citizens about the accepted certificates {acts} of the legislation. The rule, instead of exception, should be an establishment of corresponding transitive terms for coming into force of new legal certificates {acts}.

6. Statutory acts should be clear for instead of be legal "puzzles". Owing to an ambiguity statutory acts can be challenged in the Constitutional Court. When the norm of the right is formulated not clear, it is necessary to approach {suit} to questions of the responsibility of concrete persons rather cautiously. The legislation should be stable, in the plan not his {its} preservation, and acceptance of such legal certificates {acts} which would anticipate needs {requirements} of tomorrow's day. The stable modern legislation - a pledge of stable development of the state and a society.

7. It is important системность legislations, proceeding from those purposes which are proclaimed in a preamble of the Constitution. The legislator on behalf of Parliament is called to establish basic principles of legal regulation. Приоритетность the law - not in mechanical increase in densities of laws in legal system, and in the decision him{it} of the basic, most important questions.

8. The correct choice of the form of the certificate {act} has basic value. Result правотворческих instructions should be definiteness of their maintenance {contents}, clearness of formulations and their availability to understanding. Without it also it is difficult to achieve efficiency in sphere of management.

9. In правотворческой and правоприменительной activity the principle of proportionality (harmony) of restriction of this or that right to the achievable purposes should be taken into account. The given principle has independent value. Restrictions should be necessary; the legislator should choose the least burdensome means of restriction of the rights. The principle of proportionality should be considered {examined} as an assumption of such intervention in rights and freedom which конституционно is necessary. A basis for definition of legitimacy of actions is the item of 23 Constitutions, and also positions of the international documents on the rights and freedom of citizens.

The question is closely connected to a considered {an examined} problem unreasonable those or other categories of citizens, subjects of managing also.

10. Certainly, be right should not. In a basis of legal regulation it is necessary to use more widely not allowing, but the prohibitive order i.e. to not list {transfer}, that it is possible to make, and to specify, from what the citizen should abstain.

11. Creation of the organized mechanism of restoration of the broken right is typical of a lawful state. The overwhelming majority of judges, public prosecutor's workers aspire to carry out the functions properly. The court really should be independent, impartial and competent. This is promoted by term less character of purpose {assignment} of the judge on a post that was always supported by the Constitutional Court of Byelorussia. At the same time, we believe, that the hobby for the analysis of so-called judicial red tape frequently withdraws aside from the decision of other, most important problem {task} - correctness of departure of justice. It is necessary to be afraid not of a cancellation of judicial decisions, and preservations of illegal decisions. Above it is necessary to all to work together. Certainly, while the judicial decision is not cancelled, it should be executed. Other statement cannot be.

The literature

1. Vesnik Grsu 2009.