Scientific and legal support for the formation and development of the constitutional economy in the Republic of Belarus.

Abstract

Еmphasizes the increasing role of the constitutional economy in regulating economic relations and ensuring the economic security of the state in the face of new challenges and threats. It is stated that the Constitutional Court of the Republic of Belarus in its decisions consistently focuses on the formation of a constitutional economy as the most important component of the social rule of law and the constitutional value that determines the economic development strategy. At the same time, the lack of development of this issue by Belarusian science, the lack of comprehensive research in the field of constitutional economics as an interdisciplinary scientific and legal and practical direction at the intersection of law and economics is noted. In this regard, the goal was set to justify the need and give theoretical and applied prospects for the scientific support of the formation and development of the constitutional economy in Belarus. Based on the use of dialectical, general scientific and private scientific methods, including the comparative legal method, the author considers the genesis and differences of the Western and Russian schools of constitutional economics, considers its essential characteristics, analyzes the decisions of the Constitutional Court of the Republic of Belarus and the opinion of scientists on its subject and content, delineates this direction with “economic analysis of law”. According to the results of the study, the refined concept of constitutional economy as a scientific and practical direction was formulated, the main components of its concept were disclosed, among which the opposition to monopolistic activities and the development of competition were highlighted. It was proposed in the draft updated Concept of National Security to classify the formation and development of a constitutional economy as one of the main directions for neutralizing internal sources of threats in the economic sphere. The conclusion is argued about the high level of demand for scientific and applied research in the field of constitutional economics. The problem field of such studies was outlined, a set of tasks and an approximate list of program issues were developed, for the solution of which it is proposed to create a scientific school of constitutional economics in Belarus and a number of measures are given to establish it.