It is Official version of the President Repablic
of Belarus
It ones ressiv 19 september 1996
PROJEKT (DRAFT) !
CONSTITUTION OF THE REPUBLIC OF BELARUS
Section
1 Principles of the constitutional system.
Section
II. The Individual, Society and the State.
Section
III. Electoral System. Referendum.
Section
IV. The President, Legislature, Government, Judicial Power
Chapter
4. Parliament - The National Assembly.
Chapter
5. The Government - the Cabinet of Ministers of the Republic of Belarus.
Chapter 6. The Courts.
Section
V. Local Government and Self-Government
Section
VI. The Procurator's Office. The Supervisory Authority.
Chapter 7. The Procurator's Office.
Chapter
8. The Supervisory Authority of the Republic of Belarus
Section
VII. Financial and Credit System of the Republic of Belarus.
Section
VIII. The Application of the Constitution of the Republic of Belarus
and the Procedure for Amending the Constitution.
We, the People of the Republic of Belarus, (of Belarus), proceeding
from the assumption of responsibility for the present and future of Belarus;
recognizing ourselves as a full-fledged subject of the international community
and conforming our adherence to values common to all mankind; founding
ourselves on our inalienable right to se1f-determination; supported by
the centuries-long history of development of Belarusian statehood, striving
to assert the rights and freedoms of every citizen of the Republic of Belarus;
desiring to maintain civic concord, stable foundations of government by
the people and a state based on the rule of law; hereby adopt and enact
this Constitution as the Fundamental Law at the Republic of Belarus .
Section
1 Principles of the constitutional system.
Article I The Republic of Belarus is a unitary,
democratic, social state based on the rule of law. The Republic of Belarus
exercises supreme control and absolute authority over the whole of its
territory, and shall implement an independent internal and foreign policy.
The Republic of Belarus shall defend its independence and territorial Integrity,
its constitutional system, and safeguard legality and law and order.
Article 2 The individual, his rights, freedoms
and guarantees for their attainment manifest the supreme goal and value
of society and the State. The State shall bear responsibility towards the
citizen to create the conditions for the free and dignified development
of his identity. The citizen bears a responsibility towards the State to
discharge unwaveringly the duties imposed upon him by the Constitution.
Article 3 The people shall be the sole source
of state power and the repository of sovereignty in the Republic of Belarus.
The people shall exercise their power directly and through representative
bodies in the forms and within the bounds specified by the Constitution.
Any actions aimed at seizing state power by forcible means or by way of
any other violation of the laws of the Republic of Belarus laws shall be
punishable by law.
Article 4 Democracy in the Republic of Belarus
shall be exercised on the basis of diversity of political institutions,
ideologies and views. The ideology of political parties, religious or other
public associations, social groups may not be made mandatory for citizens.
Article 5 Political parties and other public associations
acting within the framework of the Constitution and laws of the Republic
of Belarus, shall contribute towards ascertaining and expressing the political
will of the citizens and participate in elections. Political parties and
other public associations shall have the right to use state mass media
under the procedure determined by the law. The creation and activities
of political parties and other public associations that aim to change the
constitutional system by force, or conduct a propaganda of war, ethnic,
religious and racial hatred, shall be prohibited.
Article 6 State power in the Republic of Belarus
is exercised on the principle of division of powers between the legislature,
executive and judiciary. State bodies within the confines of their powers,
shall be independent. They shall cooperate among themselves acting on the
principle of checks and balances.
Article 7 The Republic o f Belarus shall be bound
by the principle of supremacy of law. The State and all the bodies and
officials thereof shall operate within the confines of the Constitution
and the laws enacted in accordance therewith. Legal enactments or specific
provisions thereof which are deemed under procedure specified in law to
be contrary to the provisions of the Constitution shall have no legal force.
Enforceable enactments of state bodies shall be promulgated or published
by some means specified in law.
Article 8 The Republic of Belarus shall recognize
the supremacy of the universally acknowledged principles of international
law and ensures that its laws comply with such principles. The Republic
of Belarus in conformity with principles of international law may on a
voluntary basis enter interstate formations and with draw from them. The
conclusion of international treaties that are contrary to the Constitution
shall not be permitted.
Article 9 The territory of the Republic of Belarus
shall be the natural condition of the existence and spatial limit of the
people's self-determination, and the basis for its prosperity and the sovereignty
of the Republic of Belarus. The territory of Belarus shall be unified and
inalienable. The territory shall be divided into regions, districts, cities
and other administrative-teritorial units. The administrative-territorial
division of the State is determined by the law.
Article 10 A citizen of the Republic of Belarus
shall be garanteed the protection and patronage of the State both on the
territory of Belarus and beyond. No one may be deprived of citizenship
of the Repulblic of Belarus or the right to change his citizenship. A citizen
of the Republic of Belarus may not be extradited to a foreign state, unless
otherwise stipulated in international treaties to which the Republic of
Belarus is party. Citizenship shall be acquired or lost in accordance with
the law.
Article ll. Foreign nationals and stateless persons
on the territory of Belarus shall enjoy rights and liberties and execute
duties on equal terms with the citizens of the Republic of Belarus, unless
otherwise specified in the Constitution, the laws and international treaties.
Article l2.The Republic of Belarus may grant the
right of asylum to persons persecuted in other states for political or
religious beliefs or their ethnic affiliation.
Article 13. Property may be the ownership of the state
or private. The State shall grant equal rights to all to conduct economic
and other activities, other than those prohibited by law, and guarantee
equal protection and equal conditions for the development of all forms
of ownership. The state shall promote the development of co-operation in
all of its forms and types. The state shall regulate economic activities
on behalf of the individual and society; and shall ensure the direction
and co-ordination of state and private economic activity for social purposes.
The mineral wealth, waters and forests are the sole and exclusive property
of the State. The law may specify facilities that may be the property of
the State alone,or specify the special terms for their transition to private
ownership, or grant the State an exclusive right to conduct certain types
of activity. The State shall guarantee the right of workers to participate
in the management of enterprises, organizations and establishments to enhance
their efficiency, and in the distribution of income and profit to improve
their socio-economic living standards.
Article 14. The State shall regulate relations
among social, ethnic and other communities on the basis of the principles
of equality before the law and respect of their rights and interests.
Article l5. The State shall bear responsibility
for preserving the historic and cultural heritage, and the free development
of the cultures of all the ethnic communities that live in the Republic
of Belarus.
Article l6. All religions and faiths shall be
equal before the law. The establishment of any privileges or restrictions
with regard to a particular religion or faith in relation to others shall
not be permitted. The activities of denominational organizations,their
bodies and representatives, that are directed against the sovereignty of
the Republic of Belarus, its constitutional system and civic harmony, or
involve a violation of civil rights and liberties of its citizens and are
detrimental to their health and morality, shall be prohibited. Relations
between the State and religious denominations shall be governed by the
law.
Article l7. The official language of the Republic
of Belarus shall be Belarusian. The Russian language shall enjoy equal
status with the Belarusian language.
Article l8. In its foreign policy the Republic
of Belarus shall proceed from the principles of the equality of states,
the non-use of force or the threat of force, the inviolability of frontiers,
the peaceful settlement of disputes, non-interference in internal affairs
of states and other universally acknowledged principles and standards of
international law. The Republic of Belarus pledges itself to make its territo
ry a neutral, nuclear-free state.
Article l9. The symbols of the Republic of Belarus
as a sovereign state shall be its national flag, national emblem and national
anthem.
Article 20. The capital of the Republic of Belarus
is the city of Minsk. The status of the city of Minsk shall be determined
by the law.
Section
II. The Individual, Society and the State.
Article 2l. Safeguarding the rights and liberties
of the citizens of the Republic of Belarus shall be the supreme goal of
the State. The State shall guarantee the rights and liberties of the citizens
of Belarus that are enshrined in the Constitution and the laws, and specified
in the State's international obligations. Every citizen of the Republic
of Belarus shall exercise the right to a dignified standard of living for
himself, his family, including appropriate food, clothing, housing and
likewise a continuous improvement of living conditions.
Article 22. All shall be equal before the law
and entitled, without discrimination, to equal protection of their rights
and legitimate interests.
Article 23. Restriction of personal rights and
liberties shall be permitted only in the instances specified in law, in
the interest of national security, public order, the protection of the
morals and health of the population as well as rights and liberties of
other persons. No one may enjoy advantages and privileges that are contrary
to the law.
Article 24. Every person
shall have the right to life. The state shall protect the life of the individual
against any illegal infringements. Until its abolition, the death sentence
may be applied in accordance with the law as an exceptional penalty for
especially grave crimes and only in accordance with the verdict of a court
of law.
Article 25. The State shall safeguard personal
liberty, inviolability and dignity. The restriction or denial of personal
liberty is possible in the instances and under the procedure specified
in law. A person who has been taken into custody shall be entitled to a
judicial investigation into the legality of his detention or arrest. No
one shall be subjected to torture or cruel, inhuman or undignified treatment
or punishment, or be subjected to medical or other experiments without
his consent.
Article 26. No one may be found guilty of a crime
unless his guilt is proven under the procedure specified in law and established
by the verdict of a court of law that has acquired legal force. A defendant
shall not be required to prove his innocence.
Article 27. No person shall be compelled to be
a witness against himself, members of his family or next of kin. Evidence
obtained in violation of the law shall have no legal force.
Article 28. Everyone shall be entitled to protection
against unlawful interference with his private life, including encroachments
on the privacy of his correspondence and telephone and other communications,
and on his honour and dignity.
Article 29. The right of the people to be secure
in their houses and other legitimate effects shall be guaranteed. No person
shall have the right save in due course of law to enter the premises or
other legal property of a citizen against his will.
Article 30. Citizens of the Republic of Belarus
shall have the right to move freely and choose their place of residence
within the Republic of Belarus, to leave it and to return to it without
hindrance.
Article 3l. Everyone shall have the right independently
to determine his attitude towards religion, to profess any religion individually
or jointly with others, or to profess none at all, to express and spread
beliefs connected with his attitude towards religion, and to participate
in the performance of acts of worship and religious rituals and rites.
Article 32. Marriage, the family, motherhood,
fatherhood, and childhood shall be under the protection of the State. On
reaching the age of consent women and men, shall have the right to enter
into marriage on a voluntary basis and start a family. A husband and wife
shll be equal in family relationships. Parents or persons in loco parentis
shall be entitled and required to raise their children and to take care
of their health, development and education. No child shall be subjected
to cruel treatment or humiliation or used for work that may be harmful
to its physical,mental or moral development. Children shall care for their
parents or persons in loco parentis and render them assistance. Children
may be separated from their family against the consent of their parents
or persons in loco parentis only according to the verdict of the court
of law, if the parents or persons in loco parentis fail in their duty towards
their children.
The young people are guaranteed the right for their spiritual
and moral development. The State shall create all necessary conditions
for the free and effective participation of the young people in the political,
social, economic and cultural development of society.
Article 33. Everyone is guaranteed freedom of
thoughts and beliefs and their free expression. No one shall be forced
to express his beliefs or to deny them. No monopolization of the mass media
by the State, public associations or individual citizens and no censorship
shall be permitted.
Article 34. Citizens of the Republic of Belarus
shall be guaranteed the right to receive, store and disseminate complete,
reliable and timely information of the activities of state bodies and public
associations, on political, economic and international life, and on the
state of the environment. State bodies, public associations and officials
shall afford citizens of the Republic of Belarus an opportunity to familiarize
themselves with material that affects their rights and legitimate interests.
The use of information may be restricted with the purpose to safeguard
the honour, dignity, personal and family life of the citizens and the full
implementation of their rights.
Article 35. The freedom to hold assemblies, rallies,
street marches, demonstration and pickets that do not disturb law and order
or violate the rights of other citizens of the Republic of Belarus, shall
be guaranteed by the State. The procedure for conducting the above events
shall be determined by the law.
Article 36. Everyone shall be entitled to freedom
of associ ation. Judges, employees of the Procurator's Office, the staff
of bodies of internal affairs, the Supervisory Authority of the Republic
of Belarus and security bodies, as well as servicemen may not be members
of political parties or other public associations that pursue political
goals.
Article 37. Citizens of the
Republic of Belarus shall have the right to participate in the solution
of state matters, both directly and through freely elected representatives.
The direct participation of citizens in the administration of the affairs
of society and the State shall be safeguarded by the holding of referenda,
the discussion of draft laws and issues of national and local significance,
and by other means specified in law.
Article 38. Citizens of the Republic of Belarus
shall have the right to vote freely and to be elected to state bodies on
the basis of universal, equal, direct or indirect suffrage by secret ballot.
Article 39. Citizens of the Republic of Belarus,
in accordance with their capabilities and vocational training, shall be
entitled to equal access to any post in state bodies.
Article 40. Everyone shall have the right to address
personal or collective appeals to state bodies. State bodies, as well as
the officials thereof, shall consider any appeal and furnish a reply in
point of substance within the period specified in law. Any refusal to consider
an appeal that has been submitted shall be justified in writing.
Article 4l. Citizens of the Republic of Belarus
shall be guaranteed the right to work as the worthiest means of an individual's
self-assertion, that is, the right to choose of one's profession, type
of occupation and work in accordance with one's vocation, capabilities,
education and vocational training, and having regard to social needs, and
the right to healthy and safe working conditions. The State shall create
the conditions necessary for full employment of the population. Where a
person is unemployed for reasons which are beyond his control, he shall
be guaranteed training in new specializations and an upgrading of his qualifications
having regard to social needs, and to unemployment benefit in accordance
with the law. Citizens shall have the right to protection of their economic
and social interests, including the right to form trade unions and conclude
collective contracts (agreements), and the right to strike. Forced labour
shall be prohibited, other than work or service specified in the verdict
of a court of law or in accordance with the law on the state of emergency
or martial law.
Article 42. Employees shall be guaranteed a just
share of remuneration for the economic results of their labour in accordance
with the quantity, quality and social significance of such work, but it
shall not be less than the level which shall ensure them and their families
a life of independence and dignity. Women and men and adults and minors
shall be entitled to equal remuneration for work of equal value.
Article 43. Working people shall be entitled to
holidays. For employees, this right shall be safeguarded by the establishment
of a working week of no more than 40 hours, shorter working hours at night
and the provision of annual paid leave and weekly rest days.
Article 44. The State shall guarantee everyone
the right of property and shall contribute to its acquisition. A proprietor
shall have the right to possess, enjoy and dispose of assets either individually
or jointly with others. The inviolability of property and the right to
inherit property shall be protected by law. Property acquired in accordance
with the law shal be safeguard by the State. The compulsory alienation
of assets shall be permitted only by reason of public need, under the conditions
and the procedure specified by law, with timely and full compensation for
the value of the alienated assets, and in accordance with a verdict of
a court of law. The exercise of the right of property shall not be contrary
to social benefit and security, or be harmful to the environment or historical
and cultural treasures, or infringe upon the rights and legally protected
interests of others.
Article 45. Citizens of the Republic of Belarus
shall be guaranteed the right to health care, including free treatment
at state health-care establishments. The right of citizens of the Republic
of Belarus to health care shall also be secured by the development of physical
training and sport, measures to improve the environment, the opportunity
to use fitness establishments and improvements in occupational safety.
Article 46. Everyofne shall be entitled to a conducive
environment and to compensation for loss or damage caused by the violation
of this right. The State shall supervise the rational utilization of natural
resources to protect and improve living conditions, and to preserve and
restore the environment.
Article 47. Citizens of the Republic of Belarus
shall be guaranteed the right to social security in old age, in the event
of illness, disability, loss of fitness for work and loss of a bread-winner
and in other instances specified in law. The State shall display particular
concern for those who lost their health in the defenáe of national
and public interests.
Article 48. Citizens of the Republic of Belarus
shall be entitled to housing. This right shall be safeguarded by the development
of state, public and private housing and assistance for citizens in the
acquisition of housing. The State and local self-government shall grant
housing free of charge or at available prices in accordance with the law
to citizens who are in need of social protection. No one may be deprived
of housing arbitrarily.
Article 49. Everyone shall
have the right to education. Accessible and free general, secondary and
vocation-techni cal education shall be guaranteed. Secondary specialized
and higher education shall be acces sible to all in accordance with the
capabilities of each individual. Everyone may, on a competitive basis,
obtain the appropriate education at state educational establishments free
of charge.
Article 50. Everyone shall have the right to preserve
his ethnic affiliation, and equally, no one may be compelled to define
or indicate his ethnic affiliation. Insults to ethnic dignity shall be
prosecuted by law. Everyone shall have the right to use his native language
and to choose the language of communication. In accordance with the law,
the State shall guarantee the freedom to choose the language of education
and teaching.
Article 5l. Everyone shall have the right to take
part in cultural life. This right shall be safeguarded by universal accessibility
to the treasures of domestic and world culture that are held in state and
public collections and by the development of a network of cultural and
educational establishments. Freedom of artistic , scientific and technical
creativity and teaching shall be guaranteed. Intellectual property shall
be protected by law. The State shall contribute to the development of culture,
science, and scientific and technical research for the benefit of common
interests.
Article 52. Everyone in the territory of the Republic
of Belarus shall abide by its Constitution and laws and respect national
traditions.
Article 53. Everyone shall respect the dignity,
rights, liberties and legitimate interests of others.
Article 54. Everyone shall preserve the historical
and cultural heritage and other cultural treasures.
Article 55. It shall be the
duty of everyone to protect the environment.
Article 56. Citizens of the Republic of Belarus shall
contribute towards the funding of public expenditure through the payment
of state taxes, dues and other payments.
Article 57. It shall be the responsibility and
sacred duty of every citizen of the Republic of Belarus to defend the Republic
of Belarus. The procedure governing military service, the grounds and conditions
for exemption from military service and the substitution thereof by alternative
service shall be determined by the law.
Article 58. No one shall be compelled to discharge
duties that are not specified in the Constitution of the Republic of Belarus
and its laws or renounce his rights.
Article 59. The State shall take all measures
at its disposal to create the domestic and international order necessary
for the exercise in full of the rights and liberties of the citizens of
the Republic of Belarus that are specified in the Constitution.
Article 60. State bodies, official and other persons
that are entrusted with the discharge of state functions shall, within
the limits of their competence, take measures necessary for the exercise
and protection of personal rights and liberties. These bodies and persons
shall be held liable for actions that violate personal rights and liberties.
Article 6l. Everyone shall be guaranteed protection
of his rights and liberties by a competent, independent and impartial court
of law within time periods specified in law. To defend their rights, liberties,
honour and dignity, citizens shall be entitled to recover, through the
courts, both property damage and financial compensation for moral injury.
Article 62. Everyone shall
have the right to legald assistance to exercise and defend his rights and
liberties, including the right to make use, at any time, of the assistance
of lawyers and one's other representatives in court, other state bodies,
bodies of local government, enterprises, establishments, organizations
and public associations, and also in relations with officials and citizens.
In the instances specified in law, legal assistance shall be rendered from
public funds. Opposition to the rendering of legal assistance shall be
prohibited in the Republic of Belarus.
Article 63. The exercise of the personal rights
and liberties specified in this Constitution may be suspended only during
a state of emergency or martial law under the procedure and within the
limits specified in the Constitution and the law.
In carrying out special measures during a state of emergency,
the rights specified in Article 24, part three of Article 25 and Articles
26 and 3l of the Constitution may not be restricted.
Section
III. Electoral System. Referendum.
Chapter 1. Electoral System Article 64. The elections
of deputies and other persons elected to state office by the people shall
be universal: citizens of the Republic of Belarus who have reached the
age of l8 shall be eligible to vote. Citizens who are deemed incapable
by a court of law or held in places of confinement in accordance with the
verdict of a court shall not take part in elections. Persons in respect
of whom preventive punishment-detention -is selected under the procedure
specified in the law on criminal proceedings shall not take part in voting.
Any direct or indirect restrictions on citizens' voting rights in other
instances shall be impermissible and punishable by law.
Article 65. The age qualifications of deputies
and other persons elected to state office shall be determined by the relevant
laws, unless otherwise specified in the Constitution.
Article 66. Elections shall be free. A voter shall
decide personally whether to take part in elections and for whom to vote.
The preparation and conduct of elections shall be open and in public.
Article 67. Elections shall be held according
to the prin ciple of equal suffrage. Voters shall have equal number of
votes. Candidates standing for public office shall take part in elections
on an equal basis.
Article 68. Elections of deputies shall be direct.
Deputies shall be elected by citizens directly.
Article 69. Voting at elections shall be secret. The
monito ring of voters' preferences while voting is in progress shall be
prohibited.
Article 70. Public associations, and citizens
shall have the right to nominate candidates for deputy in accordance with
the law.
Article 71. Expenditure incurred in the preparation
and conduct of elections shall be covered by the State within the limits
of the funds assigned for that purpose. In instances determined by the
law, the expenditure for the preparation and conduct of elections may be
carried out at the expense of public associations, enterprises, offices,
organizations and citizens.
Article 72. Elections shall be conducted by electoral
commissions, unless otherwise specified in the Constitution. The procedure
governing the conduct of elections shall be determined by the laws of the
Republic of Belarus. No elections shall be held during a state of emergency
or martial law.
Chapter 2. Referendum (plebiscite)
Article 73. National and local referenda may be
held to re solve the most important issues of the State and society.
Article 74. National referenda may be called on
the initiative of the President of the Republic of Belarus, as well as
on the initiative of the Senate and House of Representatives which is taken
at their separate sittings, or on the initiative of no fewer than 450,000
citizens eligible to vote. The President shall consider the issue of holding
a national referendum within 30 days of the submission. The decisions taken
by the national referendum shall be signed by the President of the Republic
of Belarus.
Article 75. Local referenda shall be called by
the relevant local representative bodies on their initiative or on the
recommendation of no less than ten per cent of the citizens who are eligible
to vote and resident in the area concerned.
Article 76. Referenda shall be conducted by means
of universal, free, equal and secret ballot. Citizens of the Republic of
Belarus eligible to vote shall take part in referenda.
Article 77. The decisions adopted by referendum
may be reversed or amended only by means of an other referendum, unless
otherwise specified by the referendum.
Article 78. The procedure governing the conduct
of national and local referenda and a list of issues that may not be put
to a referendum shall be determined by the law of the Republic of Belarus.
Section
IV. The President, Legislature, Government, Judicial Power
Chapter 3. The President
of the Republic of Belarus
Article 79. The President of the Republic of Belarus
shall be the Head of State, the guarantor of the Constitution of the Republic
of Belarus, the rights and liberties of man and citizen. The President
of the Republic of Belarus shall personify the unity of the nation, the
implementation of the main guidelines of the domestic and foreign policy,
shall represent the State in the relations with other states and international
organizations. The President shall provide the protection of the sovereignty
of the Republic of Belarus, its national security and territorial integrity,
shall ensure its political and economic stability, continuity and interaction
of bodies of state power, shall maintain the intermediation among the bodies
of state power, and between state and society. The President of the Republic
of Belarus shall enjoy immunity, and his honour and dignity shall be protected
by the law.
Article 80. Any citizen of
the Republic of Belarus by birth at least 35 years of age who is eligible
to vote and has been resident in the Republic of Belarus for at least ten
years and no less than five years prior to the elections may be elected
President.
Article 8l. The President of the Republic of Belarus
shall be elected directly by the people of the Republic of Belarus for
a term of office of five years by universal, free, equal, direct and secret
ballot. The same person may be President for no more than two terms. Presidential
candidates shall be nominated by citizens of the Republic of Belarus where
the signatures of no less than lOO,OOO voters have been collected. Presidential
elections shall be called by the House of Representatives no later than
two months prior to the expiry of the term of office of the previous President.
Where the office of the President becomes vacant, electionsshall be held
no sooner than 30 days and no later than 70 days, from the day on which
the office fell vacant.
Article 82. The elections shall be deemed to have
taken place where over half the citizens of the Republic of Belarus on
the electoral roll have taken part in the poll. The President shall be
deemed elected where over half the citizens of the Republic of Belarus
who took part in the poll voted for him. Where no candidate polls the requisite
number of votes, within two weeks a second round of voting shall be conducted
between the two candidates who obtained the largest number of votes. The
presidential candidate who obtains more than half the votes of those who
took part in the second poll shall be deemed to be elected. The procedure
governing the conduct of presidential elections shall be determined by
the law of the Republic of Belarus.
Article 83. The President shall take office after
taking the following Oath: "Assuming the office of President of the
Republic of Belarus, I solemnly swear to faithfully serve the people of
the Republic of Belarus, to respect and safeguard the rights and liberties
of man and citizen, to abide by and protect the Constitution of the Republic
of Belarus, and to discharge sacredly and conscientiously the lofty duties
that have been bestowed upon me". The oath shall be administered in
a ceremonial setting attended by members of the House of Representatives,
the Senate, the judges of the Supreme and constitutional Courts no later
than two months from the day on which the President is elected. The powers
of the previous President shall terminate the moment the President-elect
takes the oath.
Article 84. The President of the Republic of Belarus
shall: l) call national referenda; 2) call regular and extraordinary elections
to the House of Rep resentatives, Senate, local representative bodies;
convene the first regular and extraordinary sessions of both Houses of
Parliament after the elections; 3) adopt resolutions on the dissolution
of the Parliament to the order and instances determined by the Constitution;
4) appoint 6 members of the Central Commission of the Republic of Belarus
on Elections and National Referenda; 5) form, dissolve and reorganize the
Administration of the President of the Republic of Belarus, other bodies
of state administration, as well as consultative advisory councils attached
to the Presidency; 6) appoint the Prime minister of the Republic of Belarus
with the consent of the House of Representatives; determine the structure
of the Government of the Republic of Belarus submitted by the Prime minister;
appoint and dismiss the deputies of the Prime minister, the ministers and
other members of the Government, take decision on the resignation of the
Government and its members; 7) appoint the Chairman and members of the
Supreme Court,Chairman and members of the Board of the National Bank, Chairman
of the Supervisory Authority with the consent of the Senate; 8) dismiss
the Chairman of the Supreme Court, Chairman of the Board of the National
Bank, Chairman of the Supervisory Authority to the order determined by
law and to the notification of the Senate; 9) deliver messages to the people
of the Republic of Belarus on the state of the nation and on the guidelines
of the domestic and foreign policy of the Republic of Belarus; lO) deliver
messages to the parliament which are not open to discussion at the sittings
of the House of Representatives and Senate; participate in the sessions
of parliament and its bodies; deliver speeches and adresses to parliament
at any requested time; ll) chair the meetings of the Government of the
Republic of Belarus; 12) appoint the Chairman and 5 members of the Constitutional
Court and other judges of the Republic of Belarus; 13) appoint leading
officials of bodies of state administration and determine their status;
appoint official representatives of the President in the parliament and
other officials whose offices are determined by the law, unless otherwise
specified in the Constitution; l4) resolve issues regarding the granting
of citizenship of the Republic of Belarus, the termination thereof and
the granting of asylum; l5) institute state holidays and red-letter days,
bestow state awards, ranks and titles; 16) grant pardons to convicted citizens;
l7) conduct negotiations and sign international treaties and ap point and
recall diplomatic representatives of the Republic of Belarus in foreign
countries and at international organizations; l8) receive the credentials
and letters of recall of the accredited diplomatic representatives of foreign
countries; 19) in the event of a natural disaster, a catastrophe, or unrest
involving violence or the threat of violence on the part of a group of
persons or organizations that endangers peoples'lives and health or jeopardizes
the territorial integrity and existence of the State, declare a state of
emergency in the territory of the Republic of Belarus or in specific areas
thereof and submit the decision to the Senate for approval within three
days; 20) have the right, in instances specified in the law, to defer a
strike or suspend it for a period not exceeding three months; 21) sign
bills and have the right to the order determined by the Constitution to
return it or some of its provisions with his objections to the House of
Representatives; 22) have the right to abolish acts of the Government;
23) exercise supervision directly or through specially formed bodies of
observance of laws by local organs of administration or self-government
and have the right to suspend decisions of local councils of deputies,
or abolish decisions of local executive and administrative bodies where
they do not conform to the requirements of the law; 24) form and head the
Security Council of the Republic of Belarus; 25) be the Commander-in-Chief
of the Armed Forces of the Republic of Belarus; 26) impose, in the event
of military threat or attack, martial law in the territory of the Republic
of Belarus and announce general or partial mobilization; 27) exercise other
powers entrusted to him by the Constitution and the laws.
Article 85. The President shall issue decrees and orders
on the basis and in accordance with the Constitution which are mandatory
in the territory of the Republic of Belarus. In instances determined by
the Constitution, the President shall issue decrees which have the force
of the law. The President shall ensure directly or through specially formed
bodies the execution of the decrees, orders and instructions.
Article 86. The President may not hold other offices
or receive any monetary remuneration other than his salary, apart from
royalties for works of science, literature and art. The President shall
suspend his membership of political parties and other public associations
that pursue political goals during the whole term in office.
Article 87. The President may tender his resignation
at any time. The President's resignation shall be accepted by the House
of Representatives.
Article 88. The President of the Republic of Belarus
may be prematurely removed from office where he is incapable to discharge
his duties on account of the state of his health. The issue of removing
the President shall be taken by a resolution of the House of Representatives
adopted by a majority of no less than two-thirds of the elected deputies
and a majority of no less than three-fourths of the full composition of
the Senate on the basis of the findings of an adhoc Commission formed by
the Senate and House of Representatives. The President shall be responsible
for state treason and other grave crimes and may be removed from office.
The decision to file a charge against the President shall be supported
by no less than two-thirds of the whole House of Representatives on behalf
of no less than one-third of the number. The investigation of the charge
shall be exercised by the Senate. The President shall be deemed to be removed
from office if the decision is adopted by no less than three-fourths of
the full composition of the Senate, and no less than two-thirds of the
full House of Representatives. The failure of the Senate and House of Representatives
to take a decision to remove the President from office within a month since
it was initiated shall make it inoperational. The move to remove the President
from office may not be initiated in the course of the hearings in accordance
with the provision of the Constitution on the premature suspension of the
powers of Parliament. Where the President is removed in connection with
the commision of a crime, the case shall be examined on the merits of the
charge by the Supreme Court.
Article 89. Whether the office of President falls
vacant or the President is unable to discharge his duties, his powers shall
be transferred to the Prime Minister of the Republic of Belarus until the
President-elect is sworn in.
Chapter
IV. Parliament - The National Assembly.
Article 9O. The Parliament - The National Assembly
is a representative and legislative body of the Republic of Belarus. The
Parliament shall consist of two chambers - the House of Representatives
and the Senate.
Article 91. The House of Representatives shall
consist of 110 deputies. The election of deputies to the House of Representatives
shall be carried out in accordance with the law on the basis of universal,
equal, free, direct electoral suffrage and by secret ballot. The Senate
shall be a chamber of territorial representation. The Senate shall consist
of 9 senators from every region (oblast) and the city of Minsk, 6 senators
from every region (oblast) and the city of Minsk shall be elected at the
meetings of deputies of local Councils of deputies of base level of every
region (oblast) and the city of Minsk from their ranks. One-third of the
composition of senators shall be appointed by the President of the Republic
of Belarus. Persons who have previously held the position of President
shall be senators for life unless they withdraw their membership. Elections
for a new composition of the chambers of parliament shall be set no later
than four months and held no later than 30 days prior to the expiry of
the powers of the current parliament. Extraordinary elections for the chambers
of the parliament shall be held within three months since the premature
expiry of the powers of the chambers of the parliament. Extraordinary elections
for the chambers of the parliament shall be held within three months since
the premature expiry of the powers of the chambers of the parliament.
Article 92. Any citizen of the Republic of Belarus
who has reached the age of 2l may become a deputy of the House of Representatives.
Any citizen of the Republic of Belarus who has reached the age of 30, and
who has been resident on the territory of a corresponding region (oblast),
or the city of Minsk no less than 5 years may become a senator. A deputy
of the House of Representatives shall exercise his powers in the parliament
on a professional basis unless otherwise is determined by the Constitution.
No person may be simultaneously a member of both chambers of the parliament.
A member of the House of Representative may not be a member of a local
Council of deputies. A senator may not be simultaneously a member of the
Government. No person may exercise his duties as a member of the House
of Representatives, or Senator and simultaneously hold the office of President
or a judge.
Article 93. The term of the parliament shall be
four years. The powers of the parliament may be extended by law ony in
the event of a war. The first session of parliament after the elections
shall be called by the President and shall be convened no later than 30
days after the elections. The count down of the 30 day period for calling
and beginning of the first session of the House of Representatives shall
start from the day of the second round of elections for the new parliament.
If the second round of elections for the House of Representatives is not
held, then the count down of the 30 day period shall start from the day
of the first round of general elections in the Republic of Belarus. The
count down of the thirty day period for calling and convening the first
session of the Senate shall start from the day of the first meeting of
the deputies of the local Councils of deputies of base level for the elections
of senators from the regions (oblasts) or the city of Minsk.
Article 94. The powers of the House of Representatives
may be terminated prematurely where no confidence is expressed or a non-confidence
vote is expressed to the Government, or where the House fails twice to
give its consent for the appointment of the Prime Minister. The decision
to this issue shall be taken by the President after official consultations
with the Chairs of the chambers. The chambers may not be dissolved during
a state of emergency or martial law, in the last six months of the term
of office of the President, in the course of proceedings of both chambers
on the premature removal of the President from office. Both chambers may
not be dissolved in the course of the first year since the first sittings
were held.
Article 95. The chambers shall hold their regular
session twice a year. The first session shall open on 2 October; its duration
may not exceed 80 days. The second session shall open on 2 April and its
duration may not exceed 90 days. If 2 October or 2 April is a non-working
day, then the session shall begin its proceedings on the first following
day after the said non-working day. The House of Representatives and the
Senate may in instances of urgent necessity be convened for an extraordinary
session to the request of the President or initiative of no less than two-thirds
of the full composition of every chamber for a special agenda. The extraordinary
sessions shall be called and closed by the decrees of the President.
Article 96. The House of Representatives shall
elect, from the ra nks of the deputies, the Chair of the House and his
deputy. The Senate shall elect, from the ranks of senators, the Chair of
the Senate and his deputy. The chairs of the House of Representatives and
Senate, their deputies shall conduct the proceedings and shall be in charge
of the regulations of the operation of the chambers. The House of Representatives
and Senate shall elect, from the ranks of the deputies, standing committees
and other bodies to draft laws, give preliminary consideration to, and
prepare issues that fall within the jurisdiction of the chambers.
Article 97. The House of Representatives shall:
l) consider draft laws put forward by the President or submitted by no
less than 150 thousand citizens of the Republic of Belarus, who are eligible
to vote, to make amendments and alterations in the Constitution and give
its interpretation; 2) consider draft laws, including the guidelines of
the domestic and foreign policy of the Republic of Belarus; the military
doctrine; ratification and denunciation of international treaties; the
fundamental concept and principles of execution of rights, liberties and
duties of its citizens; citizenship issues, the status of foreigners and
persons without citizenship; the rights of ethnic minorities; the approval
of the budget of the republic and the account on its implementation; the
introduction of national taxes and dues; the principles of ownership; the
basics of social security; the principles regulating labour and employment,
marriage, the family, childhood, maternity, paternity, education, upbringing,
culture and public health; determination of the procedure for resolving
issues relating to the administrative-territorial structure of the State;
local self-government; the administration of justice and the status of
judges; issues of criminal responsibility and amnesty; declaration of war
and conclusion of peace; martial law and a state of emergency; institution
of state awards; interpretation of laws; 3) call elections for the Presidency;
4) grant consent to the President concerning the appointment of the Prime
minister 5) consider the report of the Prime minister on the policy of
the Government and approve or reject it; a second rejection by the House
of the policy of the Government shall be deemed as an expression of non-confidence
to the Government; 6) consider on the initiative of the Government a call
for a vote of confidence; 7) on the initiative of no less than one-third
of the full composition of the House of Representatives express a non-confidence
vote to the Government; the issue of liability of the Government may not
be discussed in the course of the year after the approval of the Programme
of government policy; 8) be entitled with no less than a two-thirds majority
of the full composition of the House of Representatives to forward charges
of treason or of some other grave crime against the President; on the basis
of the decision of the Senate and with no less than a two-thirds majority
of the full composition of the House take the decision to remove the President
from office; 9) accept the resignation of the President; lO) cancel the
order of the Chair of the House of Representa tives. The House of Representatives
may take decisions on other is sues which are determined by the Constitution.
Article 98. The Senate shall: l) approve or reject
draft laws adopted by the House of Representatives with regard to alterations
and addenda to the Constitution; and on the interpretation of the Constitution,
as well as other draft laws; 2) give its consent for the appointment by
the President of the Chairman and members of the Supreme Court, Chairman
and members of the board of the National Bank, and the chairman of the
Supervisory Authority; 3) elect 6 judges of the Constitutional Court; 4)
elect 6 members of the Central Commission on elections and National Referenda;
5) adopt resolutions on the dissolution of local councils of deputies and
call new elections where they systematically and flagrantly violate the
requirements of the law and in other instances determined by the law; 6)
consider charges of treason or of some other grave crime forwarded by the
House of Representatives against the President and take decision on its
investigation. Given the presence of substantial evidence take the decision
to remove the President from office with no less than three-fourths of
the full composition of the Senate; 7) consider Presidential decrees on
the introduction of a state of emergency no later than three days after
their submission and take the appropriate decision; The Senate may take
decisions on other issues determined by the Constitution.
Article 99. The right of legislative initiative
shall belong to the President, members of the House of Representatives,
Senate, Government, as well as to citizens who are eligible to vote, in
a number of no less than 50,000, and is implemented in the House of Representatives.
Draft laws the adoption of which may reduce state resources, or increase
expenditures may be introduced in the House of Representatives only with
the consent of the President or to his assignment by the Government. The
President or to his assignment the Government shall have the right to give
priority consideration to draft laws, as well as to forward proposals in
the House of Representatives and Senate on the urgency of consideration
of a draft law, which means that the House of Representatives and Senate
shall consider the latter in the course of 10 days since its submission,
unless otherwise specified by the Constitution. To the request of the President
or the Government, the House of Representatives and Senate shall take decisions
at their sessions voting in general for the whole draft law or a part of
it, which was forwarded by the President or Government preserving only
those amendments which were forwarded or accepted by the President or Government.
If in the course of the proceedings of the chambers some proposals or amendments
are deemed contrary to the powers delegated to the President, the latter
or to his assignment the Government may declare them unaceptable. In such
instance the proposal or amendment shall be withdrawn.
Article 100. Any bill, unless
otherwise specified by the Constitution, shall be initially considered
in the House of Representatives and then in the Senate in order to adopt
an identical text. A bill, unless otherwise specified in the Constitution,
shall become a law after its approval by a majority of votes of the full
composition of the House of Representatives and the Senate. Bills adopted
by the House of Representatives shall be sent to the Senate for consideration
within five days, where they shall be considered within no more than 30
days unless otherwise specified in the Constitution. A bill shall be deemed
to have been approved by the Senate provided that a majority of votes of
the full composition of the Senate has been cast for it, or if within 20
days, and in instances of urgency within 10 days since its submission,
the Senate failed to consider it. If the bill is rejected by the Senate,
both chambers may form a conciliation commission on a parity basis to overcome
the existing differences. The text of the bill drafted by the conciliatory
commission shall be submitted for approval to both chambers. If the conciliatory
commission fails to draft a compromise bill, the President or on his assignment
the Government may request that the House of Representatives take a final
decision. The bill shall be deemed to have been adopted by the House of
Representatives if no less than three-fifths of its full composition has
voted for it, unless otherwise specified in the Constitution. A bill adopted
by the House of Representatives and approved by the Senate, or in the instance
determined by the present article adopted by the House of Representatives
shall be submitted to the President for signature within 10 days. If the
President is in agreement with the bill, he shall sign it. If the President
does not return the bill within two weeks since its submission, it shall
be deemed to have been signed by the President. The bill shall not be deemed
to have been signed if it failed to be returned to parliament due to the
end of the session. If the President does not agree with the text of the
bill, he shall return it together with his objections to the House of Representatives,
which shall consider it with the President's objections within 30 days.
If the bill has been adopted by the House of Representatives by no less
than two-thirds of its full composition,it together with the President's
objections and within 5 days shall be submitted to the Senate, which shall
consider it for a second hearing within 20 days. The bill shall be deemed
to have been approved if no less than two-thirds of the full composition
of the Senate has voted for it. The bill, after the House of Representatives
and the Senate have overrun the President's objections, shall be signed
by the President within five days. The bill shall become a law even if
it is not signed by the President within the assigned time. The President's
objections to the provisions of the bill, which are returned for a second
hearing, shall be considered to the same order. In this instance, prior
to the appropriate decision of the House of Representatives and the Senate
the bill shall become a law without the provisions which have been rejected
by the President. The President's objections with regard to the alterations
and addenda to the Constitution, its interpretation, the adoption of policy
bills shall be considered and adopted through voting for a second time
by not less than two-thirds of the full composition of both chambers.
Article l0l. To the proposal of the President,
the House of Representatives and the Senate may adopt a law supported by
no less than three-fifths of the full composition of both chambers, delegating
to him legislative powers to issue decrees which have the power of a law.
The latter shall determine the subject of the issue and the term of the
powers of the President to issue such decrees. There shall be no delegation
of powers to the President to issue decrees which provide alterations and
addenda to the Constitution and its interpretation; alteration and addendum
of policy laws; the approval of the national budget and an acount of its
implementation alterations with regard to the election of the President.
The law on delegating legislative powers to the President shall not permit
alteration of the said law, nor shall it permit to adopt regulations which
are retroactive. In instances of necessity and urgency the President may
personally initiate or to the proposal of the Government may issue temporary
decrees which have the power of law. If such decrees are issued on the
initiative of the Government, they shall be signed by the Prime-minister.Temporary
decrees shall be submitted for further approval within five days of their
adoption to the House of Representatives, and then to the Senate, the sittings
of which are summoned by the President. These decrees shall be valid if
they are not rejected by the chambers. The chambers may regulate through
legislation issues which have emerged due to decrees, which have been abolished.
Article 102. The deputies of the House of Representatives
and senators shall enjoy immunity in the expression of their views and
execution of their powers. This shall not refer to charges of slander and
insult. During the period they exercise their powers the deputies and the
senators may be arrested or deprived of personal liberty in other manner
only with the prior consent of the appropriate chamber with the exception
of instances of high treason, or some other grave crime, or violation of
public order. A criminal case involving a deputy or Senator shall be tried
by the Supreme Court.
Article 103. Sittings of the chambers shall be
open. The chambers in the instance of state interests, may take the decision
to hold a closed session by majority of the full composition of the coresponding
chamber. The President, his representatives, the Prime minister and members
of the Government together with their representatives shall address the
sessions out of turn as many times as they deem it necessary. One sitting
monthly shall be reserved for question time to the Government for the deputies
and Senators. A deputy of the House of Representatives, or senator shall
have the right to make an inquiry to the Prime minister or members of the
Government and the heads of state bodies which are formed or elected by
parliament. The inquiry shall be included in the agenda of the chamber.
The answer to the inquiry shall be given within 20 days of the current
session to the order determined by the chamber of the parliament. The sitting
of the chamber shall be deemed qualified if no less than two-thirds of
the number of elected deputies or senators of the corresponding chamber
are present. Voting in the House of Representatives and Senate shall be
open and exercised by the deputy or senator in person by a 'yes' vote or
a 'nay' vote. A secret vote shall be held in the instance of election of
officials.
Article 104. Decisions of the House of Representatives
shall be taken by laws or enactments, whereas of the Senate by enactments.
They shall be deemed to have been adopted by a majority of the full composition
of the chambers, unless otherwise specified in the Constitution. Enactments
of both chambers shall be taken with regard to issues of order and supervision.
Laws with regard to basic guideliness of domestic and foreign policy of
the Republic of Belarus and military doctrine thereof shall be considered
of policy character and shall be deemed to have been adopted provided that
a three-fifth majority of elected deputies of both chambers has voted for
them. The laws shall be published immediately after their signature and
shall become valid 10 days after their publication unless the law determines
another term . The decrees of the President shall come into force to the
same order therein. The law shall have no retrospective action unless it
extenu ates or revokes the responsibility of citizens.
Article 105. The procedure governing the acitivites
of the House of Representatives, Senate, the bodies thereof and the deputies
and senators shall be determined by the Rules of Procedure of the chambers,
which shall be signed by the Chairmen of the chambers.
Chapter
5. The Government - the Cabinet of Ministers of the Republic of Belarus.
Article lO6. Executive power in the Republic of
Belarus shall be exercised by the Government - the Cabinet of Ministers
- the central body of state administration. The Government in the entirety
of its activity shall be accountable to the President of the Republic of
Belarus and responsible to the Parliament of the Republic of Belarus. The
Government shall relinquish powers to the President-elect of the Republic
of Belarus. The Government of the Republic of Belarus shall consist of
the Prime minister, his deputies and ministers. The heads of other central
bodies of state administration may be members of the Government. The Prime
minister of the Republic of Belarus shall be appointed by the President
of the Republic of Belarus with the consent of the House of Representatives.
If the House of Representatives rejects the submitted nomination of the
Prime minister twice, the President shall appoint the Prime minister of
the Republic of Belarus on his own, and dissolve the House of Representatives
and call new elections to Parliament.
The Prime minister of the Republic of Belarus shall manage
the activities of the Government. The Prime minister of the Republic of
Belarus shall: l) manage directly the activities of the Government and
hold personal responsibility for its activities; 2) sign the acts of the
Government; 3) submit to Parliament a report on the Programme of the Government
within one month after his appointment, and in the instance of its rejection
submit the second report on the Programme of the Government within two
months; 4) inform the President on the basic guidelines of the activities
of the Government, and on all the most important decisions; 5) exercise
other functions connected with the organisation and activities of the Government.
The Government or any member therein shall be entitled to tender his resignation,
if he deems it impossible to discharge the duties entrusted to him. The
Government shall tender its resignation to the President if the House of
Representatives has passed a vote of no confidence to the Government. The
Prime minister may request from the House of Representatives a vote of
confidence with regard to the governmental Programme or any other issue
submitted to the House. If a non-confidence vote is passed, the President
shall be entitled to accept the resignation of the Government, or dissolve
the House within ten days, and call on holding new elections. If the resignation
of the Government is rejected the latter shall continue to discharge its
duties. The President shall be entitled to take the decision on the resignation
of the Government on his own initiative, and dismiss any member of the
Government. In the instance of the resignation of the Government of the
Republic of Belarus or termination of its powers, the latter on the assignment
of the President shall continue to hold office until a new Government shall
have been formed.
Article l07. The Government of the Republic of
Belarus shall: - administer the system of bodies of state administration
and other executive organs; - elaborate the basic guidelines of the domestic
and foreign policy, and take measures to its implementation; - elaborate
and submit to the President for further parliamentary consideration the
draft national budget and an account of its implementation; - ensure the
execution of a uniform economic, financial, credit and monetary policy,
and state policy in the field of science, culture, education, health care,
ecology, social security and remuneration for labour; - take measures to
secure law and order, the rights and liberties of citizens, safeguard the
interests of the state, state security and defence, protection of property,
maintain public order and eliminate crime; - act on behalf of property
owner with regard to assets which are the sole property of the Republic
of Belarus, and exercise management of state property; - ensure the implementation
of the Constitution, the laws, decrees, edicts and instructions of the
President; - repeal acts of ministries and other central bodies of sta
te administration; - exercise other powers entrusted to him by the constituti
on, laws and acts of the President.
Article 108. The Government of the Republic of
Belarus shall issue acts, that have binding force in the entire territory
of the Republic of Belarus. The Prime minister shall issue orders which
are under his jurisdiction. The compet ence of the Government and the procedure
governing its activities shall be determined on the basis of the Constitution
and the Law on the Cabinet of Ministers of the Republic of Belarus.
Chapter 6. The Courts.
Article 109. The courts shall exercise judicial
power in the Republic of Belarus. The judicial system shall be based upon
the principles of territorial delineation and specialization. The Supreme
Court of the Republic of Belarus shall be the highest judicial organ. The
judicial system in the Republic of Belarus shall be determined by the law.
The formation of special courts shall be prohibited.
Article ll0. In administering justice judges shall
be independent and subordinate to law alone. Any interference in judges'
activities in the administration of justice shall be impermissible and
liable to legal action.
Article lll. Judges may not engage in business
activities or perform any paid work, apart from teaching and scientific
research. The grounds for electing (appointing) judges and their dismissal
shall be determined by the law.
Article ll2. The courts shall administer justice
on the basis of the Constitution,the laws and other enforceable enactments
adopted in accordance therewith. If, during the hearing of a specific case,
a court concludes that an enforceable enactment is contrary to the Constitution,
it shall make a ruling in accordance with the Constitution and raise, under
the established procedure, the issue of whether the enforceable enactment
in question should be deemed unconstitutional.
Article 113. Cases before a court shall be tried
collegially, and in the instances specified in law, by judges individually.
Article 114. The trial of cases in all courts
shall be open. The hearing of cases in closed court session shall be permitted
only in the instances specified in law and in accordance with all the rules
of legal procedure.
Article 115. Justice shall be administered on
the basis of the adversarial proceedings and equality of the parties involved
in the trial. The parties have the right to appeal rulings, sentences and
other judicial decisions.
Section
V. Local Government and Self-Government
Article 116. Supervision of the constitutionality
of enforceable enactments of the state shall be exercised by the Constitutional
Court of the Republic of Belarus. The Constitutional Court of the Republic
of Belarus shall be formed of 12 judges from among highly qualified specialists
in the field of law. The Chairman and 5 judges of the Constitutional Court
shall be appointed by the President of the Republic of Belarus and 6 judges
by the Senate. The term of the members of the Constitutional Court shall
be ll years.
The Constitutional Court on the recommendation of the
President of the Republic of Belarus, the House of Representatives, the
Senate, the Supreme Court of the Republic of Belarus, the Cabinet of Ministers
shall produce a ruling on: - the conformity of laws, decrees and edicts
of the President, international agreements and other obligations of the
Republic of Belarus to the Constitution and other instruments of international
law ratified by the Republic of Belarus; - the conformity of the legal
instruments of interstate formations of which the Republic of Belarus is
part, edicts of the President of the Republic of Belarus which are based
on the law to the constitution,the laws and instruments of international
law ratified by the Republic of Belarus; - the conformity of the ordinances
of the Cabinet of Ministers and orders of the Supreme Court which are standard
acts to the Constitution,laws, decrees and edicts of the President, as
wellas to the laws and instruments of international law ratified by the
Republic of Belarus; - the conformity of enforceable enactments of any
other state body, public association to the Constitution laws and decrees
as well as to the laws and instruments of international law ratified by
the Republic of Belarus. Enforceable enactments or their particular provisions
which are considered unconstitutional shall be deemed invalid to the order
determined by the law. The competence, organization and procedure governing
the activities of the Constitutional Court shall be determined by the law.
Article 117. Citizens shall exercise local government
and self-government through local councils of deputies, executive and administrative
bodies, bodies of public territorial self-government, local referenda,
assemblies and other forms of direct participation in state and public
affairs.
Article ll8. Local council of deputies shall be
elected by the citizens of the relevant administrative-territorial units
for a four-year term.
Article ll9. Local councils of deputies and executive
and administrative bodies shall, within the limits of their competence,
resolve issues of local significance, proceeding from national interests
and the interests of the people who reside in the relevant territory, and
implement the decisions of higher state bodies.
Article 120. The following shall fall exclusively
within the exclusive competence of the local councils of deputies: - the
approval of programmes of economic and social development, and local budgets
and accounts; - the setting of local taxes and dues in accordance with
the law; - the determination, within the limits specified by law, of the
procedure governing the management and disposal of municipal property;
- the calling of local referenda.
Article 121. Local councils of deputies and executive
and administrative bodies shall, on the basis of existing laws, adopt decisions
that have binding force in the relevant territory.
Article 122. Decisions of local councils of deputies
that are contrary to the law shall be reversed by higher representative
bodies. Decisions of local executive and administrative authorities that
are contrary to the law shall be reversed by the relevant councils of deputies,
higher executive and administrative bodies and the President of the Republic
of Belarus. Decisions of local councils of deputies and their executive
and administrative bodies that restrict or violate civil rights and liberties
and the legitimate interests of citizens, and in other instances specified
in law, may be challenged in a court of law.
Article l23. Where a local council of deputies
systematically or flagrantly violates the requirements of the law, it may
be dissolved by the Senate. Other grounds for the premature termination
of the powers of local councils of deputies shall be determined by the
law.
Article 124. The competence and the procedure
governing the establishment and activities of bodies of local government
and self-government shall be determined by the law.
Section
VI. The Procurator's Office. The Supervisory Authority.
Chapter 7. The Procurator's Office.
Article 125. The Procurator's Office shall be
a system of bodies affiliated to the Ministry of Justice which shall be
entrusted to: supervise the strict implementation of laws in the investigation
of crimes; conduct preliminary inquiries and support public prosecutions
in the courts in the instances specified in law; ensure representation
of interests of the state or citizen in the courts in instances determined
by the law; exercise supervision over the implementation of the laws determining
the execution of the verdicts of the courts in criminal cases, as well
as application of enforcement measures with regard to the restriction of
the personal liberty of citizens.
Article l26. The system of bodies of the Procurator's
office shall be headed by the Minister of Justice who shall act in the
capacity of the Procurator-General. Subordinate procurators shall be appointed
by the Minister of Justice.
Article l27. Procurators shall be independent
in the exercise of their powers and guided by the Constitution and legal
acts adopted in conformity with the latter.
Article 128. The competence, organization and
procedure governing the activities of bodies of the Procurator's office
shall be determined by the law.
Chapter
8. The Supervisory Authority of the Republic of Belarus
Article 129. The Supervisory Authority shall monitor
the implementation of the national budget, the use of public property and
the implementation of the acts dof Parliament and the President governing
public property relationships and economic, financial and tax relations.
Article 130. The Supervisory Authority shall be
formed by the President. The Chairman of the Supervisory Authority shall
be appointed by the President with the consent of the Senate.
Article 131. The competence, organization and
procedure go verning the activities of the Supervisory Authority shall
be determined by the law.
Section
VII. Financial and Credit System of the Republic of Belarus.
Article 132. The financial and credit system of
the Republic of Belarus shall include the budget system, the banking system,
as well as the financial resources of non-budget funds, funds of enterprises,
establishments, organizations and citizens. A unified fiscal, tax, credit
and currency policy shall be pursued in the territory of the Republic of
Belarus.
Article l33. The budget system of the Republic
of Belarus shall include the national budget and local budgets. Budget
revenue shall be raised from the taxes specified in law, other mandatory
payments, as well as other receipts. National expenditure shall be covered
by the national budget on its expenditure side. In accordance with the
law, non-budgetary funds may be created in the Republic of Belarus.
Article l34. The procedure for drawing up, approving
and implementing budgets and public non-budgetary funds shall be determined
by the law.
Article 135. A national account shall be submitted
to the pasrliament for consideration no later than five months from the
end of the fiscal year in review. Local accounts shall be submitted to
the relevant councils of deputies for the consideration within time specified
in law. National and local accounts shall be published.
Article 136. The banking system of the Republic
of Belarus shall consist of the National Bank of the Republic of Belarus
and other banks. The National Bank shall regulate credit relations and
monetary circulation, determine the procedure for making payments and have
an exclusive right to issue money.
Section
VIII. The Application of the Constitution of the Republic of Belarus and
the Procedure for Amending the Constitution.
Article 137. The Constitution shall have the supreme
legal force. Laws, decrees, ordinances and other instruments of state bodies
shall be promulgated on the basis of, and in accordance with the Constitution
of the Republic of Belarus. Where there is a discrepancy between a law,
decree or ordinance of the President and the Constitution, the Constitution
shall apply and where there is a discrepancy between a decree or ordinance
of the President and a law, the law shall apply when the powers for the
promulgation of the decree or ordinance were provided by the law.
Article 138. The issue of amending and suplementing
the Constitution shall be considered by the chambers of the parliament
on the initiative of the President or of no fewer than 150,000 citizens
of the Republic of Belarus who are eligible to vote.
Article 139. A law on amending and supplementing
the Constitution may be adopted after it has been debated and approved
twice by both chambers of the parliament with at least a three months'
interval. The Constitution shall not be amended or supplemented during
a state of emergency or the last six months of the term of the House of
Representatives.
Article l40. The Constitution, laws on amendments
and addenda thereto, on the entry into force of the Constitution and the
said laws and instruments on the interpretation of the Constitution shall
be deemed to have been adopted where no less than three-fourths of the
elected deputies of both chambers of the parliament have voted in favour
of them. The Constitution may be amended or supplemented via a referendum.
A decision to amend or supplement the Constitution by means of a referendum
shall be deemed adopted where a majority of citizens on the electoral roll
have voted in favour of it.
Sections I, II, IV, VIII of the Constitution may not be reconsidered
by the parliament if they have been adopted by means of a referendum.
Russian
version
This page was especially prepared
for our future sponsors
and was created with
Netscape Navigator Gold
***
TEAM
ll HOME ll GENERAL
ll SEARCH RUSSIA ll SEARCH
EASTEAN BLOCK ll CHURCH ll SPONSORS
INVESTMENT PROPOSITION
ll BUSINESS&ECONOMICS ll GALLERY
ll INDEX
Click Here
to Return Back
Webmasters,
contact Belarus.net support
Click Here
to visit Belarus.net
