On the landmark decision of the constitutional court of the Republic of Belarus on historical memory
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Date of publication
20.06.2022
Public year
2022
DOI
10.31857/S102694520020389-8
On the landmark decision of the constitutional court of the Republic of Belarus on historical memory
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Annotation

The article analyzes the decision of the Constitutional Court of the Republic of Belarus on the verification of the constitutionality of the Law of the Republic of Belarus “On the genocide of the Belarusian people”, adopted on December 29, 2021 in the order of mandatory preliminary constitutional control of laws before they are signed by the President of the Republic of Belarus. In December 2021, the Parliament of the Republic of Belarus adopted the Law “On the genocide of the Belarusian people”, which provides for the legal recognition of the genocide of the Belarusian people committed by Nazi criminals and their accomplices during the Great Patriotic War and the post-war period (until 1951), and at the same time, criminal liability is established for public denial of the genocide of the Belarusian people. The author focuses on the approaches of the Constitutional Court of the Republic of Belarus, which recognized the specified Law as consistent with the Constitution, on the need for legislative barriers to attempts to falsify the events and results of the Second World War, on the interpretation of the concept of “genocide of the Belarusian people” that complies with International Law, on strengthening the protection of state sovereignty, preservation of historical truth based on irrefutable documentary evidence of the genocide of the Belarusian people.

About authors
Petr P. Miklashevich
Chairman
Constitutional Court of the Republic of Belarus
References

1. Vasilevich G.A., Vasilevich S.G. Modernization of the constitutions of the Russian Federation and the Republic of Belarus as a reflection of the dynamics of social development // Journal of Foreign Legislation and Comparative Jurisprudence. 2022. Vol. 18. No. 2. P. 7 (in Russ.).

2. Vinogradova E.V., Danilevskaya I.L. Amendments of 2020 to the Constitution of the Russian Federation. Constitutional control “ex ante" as an institution of domestic and foreign constitutionalism // State and Law. 2020. No. 5. P. 16 (in Russ.).

3. Savenkov A.N. The genocide of the Soviet people: from history to law without a statute of limitations // State and Law. 2021. No. 9. P. 7 - 30 (in Russ.).

4. Savenkov A.N. Nuremberg: Verdict in the name of Peace. M., 2022. P. 20 (in Russ.).

5. Trainin A.N. Protection of peace and the fight against crimes against humanity. M., 1956. P. 222 - 224 (in Russ.).

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