Theoretical and applied problems of determining the limits of constitutional regulation of freedom of creativity and teaching in the Republic of Belarus

Abstract

In modern conditions, the issue of establishing the boundaries of constitutional and legal regulation of freedom of creativity and teaching is at the top of the agenda of the legal community. The widespread development of artificial intelligence and new forms of teaching activity challenges the previous legislative regulation, which should respond in a timely manner to the emerging public demand. The oriented impact of constitutional and legal norms on social relations arising from the essence of the creative act and teaching activity implies strict observance of the principles of the Basic Law. Current legislation, by revealing the contents of individual definitions, and even more so by setting limits on creativity and teaching, cannot under any circumstances conflict with the fundamental constitutional provisions. Article 23 of the Constitution of the Republic of Belarus allows for the restriction of human rights and freedoms in cases provided for by law in order to protect the protected constitutional interests mentioned in the provision of this provision. The presented article reveals some theoretical and applied problems of determining the limits of constitutional and legal regulation of freedom of creativity and teaching, proclaimed by the Constitution, based on the criteria of a rule­of­law state and the legal experience that took place during the existence of the Soviet Union, which is unusual for today.