CONSTITUTION OF THE REPUBLIC OF BELARUS
of 1994
(with alterations and addenda)
Adopted at the republican
referendum of November 24,1996.
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
self-determination, supported by the centuries-long history of development of
Belarusian state-hood, 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 of
the Republic of Belarus.
Section I: Principles of the Constitutional System
Article 1. 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 through
representative and other bodies in the forms and within the bounds specified
by the Constitution.
Any actions aimed at changing the
constitutional system and seizing state power by forcible means or by way of
any other violation of the laws of the Republic of Belarus 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 contri-bute 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 legislation.
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, social,
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 co-operate among themselves
acting on the principle of checks and balances.
Article 7. The Republic of Belarus shall be
bound by the principle of supre-macy 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 published or promulgated 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 ensure 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 withdraw 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 (oblasts), districts, cities and other
administrative-territorial units. The administrative-territorial division of
the State is determined by the legislation.
Article 10. A citizen of the Republic of
Belarus shall be guaranteed the protec-tion and patronage of the State both
on the territory of Belarus and beyond.
No one may be deprived of
citizenship of the Republic 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 11. 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 12. 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.
The State shall guarantee to every
one equal opportunities for free utilisation of abilities and assets for
business and other types of economic activities which are not banned by the
law.
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 land for
agricultural use is the 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
workers the right to participate in the management of enterprises,
organizations and establishments to enhance their efficiency and improve
social and 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.
The relations in the social sphere
and in labour between the organs of state management, associations of
employers and trade unions shall be exercised on the principles of social
partnership and interaction of parties.
Article 15. The State shall bear
responsibility for preserving the historic, cultural and spiritual heritage,
and the free development of the cultures of all the ethnic communities that
live in the Republic of Belarus.
Article 16. Religions and faiths shall be
equal before the law.
Relations between the State and
religious organizations shall be regulated by the law with regard to their
influence on the formation of the spiritual, cultural and state traditions of
the Belarusian people.
The activities of confessional
organizations, their bodies and representatives, that are directed against
the sovereignty of the Republic of Belarus, its constitu-tional system and
civic harmony, or involve a violation of civil rights and liberties of its
citizens as well as impede the execution of state, public and family duties
by its citizens or are detrimental to their health and morality shall be
prohibited.
Article 17. The Belarusian and Russian
languages shall be the official languages of the Republic of Belarus
Article 18. In its foreign policy the
Republic of Belarus shall proceed from the principles of the equality of
states, the non-use offeree or the threat offeree, 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 territory a neutral, nuclear-free state.
Article 19. 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 21. Safeguarding the rights and
liberties of the citizens of the Republic of Belarus shall be the supreme
goal of the State.
Every individual shall exercise
the right to a dignified standard of living, including appropriate food,
clothing, housing and likewise a continuous improve-ment of necessary living
conditions.
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.
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 infringe-ments.
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 one's 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 one's innocence.
Article 27. No person shall be compelled to
be a witness against oneself, members of one's 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 interfe-rence with one's private life, including
encroachments on the privacy of one's correspondence and telephone and other
communications, and on one's 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 one's 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 31. Everyone shall have the right
independently to determine one's 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 one's attitude towards religion,
and to participate in the performance of acts of worship and religious
rituals and rites, which are not prohibited by the law.
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 shall 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.
Women shall be guaranteed equal
rights with men in their opportunities to receive education and vocational
training, promotion in labour, socio-political, cultural and other spheres of
activity, as well as in creating conditions safeguar-ding their labour and
health.
The young people are guaranteed
the right for their spiritual, moral and physical 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
one's 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, cultural 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 by legislation 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, demon-strations 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 association.
Judges, employees of the
Procurator's Office, the staff of bodies of internal affairs, the State
Supervisory Committee and security bodies, as well as service-men 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 repre-sentatives.
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.
In instances determined by the law
the citizens of the Republic of Belarus shall take part in the discussion of
issues of state and public life at republican and local meetings.
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 41. 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 conditions
necessary for full employment of the popu-lation. Where a person is
unemployed for reasons which are beyond one's control, he shall be guaranteed
training in new specializations and an upgrading of his qualifications having
regard to social needs, and to an 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 (agree-ments), and the
right to strike.
Forced labour shall be prohibited,
other than work or service specified in the 80 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
ajust 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 an 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 shall be safeguarded by the State.
The State shall encourage and
protect the savings of citizens and guarantee conditions for the return of
deposits.
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 ruling 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 State shall make health
care facilities accessible to all of its citizens. 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. Everyone 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 veterans of war and labour, as well as for those who lost their
health in the defence 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, 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-technical
education shall be guaranteed.
Secondary specialized and higher
education shall be accessible to all in accordance with the capabilities of
each individual. Everyone may, on a competi-tive basis, obtain the
appropriate education at state educational establishments free of charge.
Article 50. Everyone shall have the right to
preserve one's ethnic affiliation, and equally, no one may be compelled to
define or indicate one's ethnic affiliation.
Insults to ethnic dignity shall be
prosecuted by law.
Everyone shall have the right to
use one's 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 51. 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, 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, cultural and spiritual heri-tage and other national 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.
State bodies, officials and other
persons who have been entrusted to exercise state functions shall take
necessary measures to implement and safeguard the rights and liberties of the
individual.
These bodies and persons shall be
held responsible for actions violating the rights and liberties of an
individual.
Article 60. Everyone shall be guaranteed
protection of one's 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 in accordance with the law to
recover, through the courts, both property damage and financial compensation
for moral injury.
Article 61. Everyone shall have the right in
accordance with the international instruments ratified by the Republic of
Belarus to appeal to international organi-zations to defend their rights and
liberties, provided all available interstate means of legal defence have been
exhausted.
Article 62. Everyone shall have the right to
legal 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 31 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 18 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.
The age qualification of deputies
and other persons elected to state positions shall be determined by
corresponding laws, unless otherwise provided by the Constitution.
Article 65. 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 66. Elections shall be held according
to the principle 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 67. Elections of deputies shall be
direct. Deputies shall be elected by citizens directly.
Article 68. Voting at elections shall be
secret. The monitoring of voters' preferences while voting is in progress
shall be prohibited.
Article 69. Public associations, work
collectives and citizens shall have the right to nominate candidates for
deputy in accordance with the law.
Article 70. 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 71. 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.
Article 72. The recall of deputies shall be
exercised to the order and instances as determined by the law.
The voting for the recall of a
deputy shall be exercised to the order determined for the election of the
deputy, and on the initiative of no less than 20 percent of the citizens
eligible to vote and resident in the corresponding area.
The reason and order for the
recall of a member of the Council of the Republic shall be determined by the
law.
CHAPTER 2
REFERENDUM (PLEBISCITE)
Article 73. National and local referenda may
be held to resolve the most important issues of the State and society.
Article 74. National referenda shall be
called on the initiative of the President of the Republic of Belarus, as well
as on the initiative of the Council of the Republic or House of
Representatives, which is taken at their separate sittings by a majority of
the full number of deputies of each house, or on the initiative of no fewer
than 450,000 citizens eligible to vote, including no fewer than 30,000
citizens from each of the regions (oblasts) and city of Minsk.
The President shall call a
national referendum after its submission by the Council of the Republic and
House of Representatives in accordance with the law, or by the citizens
themselves.
The date of the referendum shall
be no later than three months since the President issued the decree on
holding a referendum.
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 percent 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 another referendum, unless
otherwise specified by the referen-dum.
Article 78. The procedure governing the
conduct of national and local refe-renda 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, Parliament,Government, the Courts
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 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.
The President 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 to the
elections may be elected President.
Article 81. The President 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 100,000 voters have been collected.
Presidential elections shall be
called by the House of Representatives no later than five months and shall be
conducted no later than two months prior to the expire of the term of office
of the previous President.
Where the office of the President
becomes vacant, elections shall 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 assume 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 strictly 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 and
the Council of the Republic, the judges of the Constitutional, Supreme and
Economic 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:
1) call national referenda;
2) call regular and extraordinary
elections to the House of Representatives, the Council of the Republic and
local representative bodies;
3) dissolve the chambers of the
Parliament to the order and instances determined by the Constitution;
4) appoint six 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, other
bodies attached to the Presidency;
6) appoint the Prime minister of
the Republic of Belarus with the consent of the House of Representatives;
7) determine the structure of the
Government of the Republic of Belarus, appoint and dismiss the deputy Prime
ministers, ministers and other members of the Government, take the decision
on the resignation of the Government, or any of its members;
8) appoint with the consent of the
Council of the Republic the Chairperson of the Constitutional, Supreme and
Economic Courts from among the judges of these courts;
9) appoint with the consent of the
Council of the Republic the judges of the Supreme and Economic Courts, Chairperson
of the Central Commission of the Republic of Belarus on Elections and
National Referenda, the Procurator-General, the Chairperson and members of
the Governing Board of the National Bank;
10) appoint six members of the
Constitutional Court, and other judges of the Republic of Belarus;
11) dismiss the Chairperson and
judges of the Constitutional, Supreme and Economic Courts, the Chairperson of
the Central Commission of the Republic of Belarus on Elections and National
Referenda, the Procurator-General, the Chair-person and members of the Board
of the National Bank to the order and instances determined by the law and to
the notification of the Council of the Republic;
12) appoint and dismiss the
Chairperson of the State Supervisory Committee;
13) 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;
14) deliver annual messages to the
Parliament which are not open to discussion at the sittings of the House of
Representatives and Council of the Republic; have the right to participate in
the sessions of Parliament and its bodies; deliver speeches and addresses to
Parliament at any requested time;
15) have the right to chair the
meetings of the Government of the Republic of Belarus;
16) 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;
17) resolve issues regarding the
granting of citizenship of the Republic of Belarus, the termination thereof
and the granting of asylum;
18) institute state holidays and
red-letter days, bestow state awards, ranks and titles;
19) grant pardons to convicted
citizens;
20) conduct negotiations and sign
international treaties, appoint and recall diplomatic representatives of the
Republic of Belarus in foreign countries and at international organizations;
21) receive the credentials and letters
of recall of the accredited diplomatic representatives of foreign countries;
22) 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 Council of the Republic for approval within three days;
23) have the right, in instances
specified in the law, to defer a strike or suspend it for a period not
exceeding three months;
24) sign bills and have the right
to the order determined by the Constitution to return it or some of its
provisions with the objections to the House of Representatives;
25) have the right to abolish acts
of the Government;
26) 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;
27) form and head the Security
Council of the Republic of Belarus, and appoint and dismiss the State
Secretary of the Security Council;
28) be the Commander-in-Chief of
the Armed Forces of the Republic of Belarus; appoint and dismiss the Supreme
Command of the Armed Forces;
29) 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 with the submission
within 3 days of the taken decision for approval of the Council of the
Republic;
30) 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 persistently
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 as determined by the Constitution and a majority of no less
than two-thirds of the full composition as determined by the Constitution of
the Council of the Republic on the basis of the findings of an ad hoc
Commission formed by the Chambers of the Parliament.
The President may be removed from
office for acts of state treason and other grave crimes. The decision to file
a charge against the President shall be supported by a majority of the whole
House of Representatives on behalf of no less than one-third of the number of
deputies. The investigation of the charge shall be exercised by the Council
of the Republic. The President shall be deemed to be removed from office if
the decision is adopted by no less than two-thirds of the full composition of
the Council of the Republic, and no less than two-thirds of the full House of
Representatives.
The failure of the Council of the
Republic and House of Representatives to take a decision to remove the
President from office within a month since it was initiated shall make the
move invalid. The move to remove the President from office may not be
initiated in accordance with the provision of the Constitution in the course
of the hearings on the premature termination of the powers of Parliament.
Where the President is removed in
connection with the commission 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 to the order
as determined by the Constitution, his power shall be transferred to the
Prime Minister until the President-elect is sworn in.
CHAPTER 4
PARLIAMENT - THE NATIONAL ASSEMBLY
Article 90. 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 Council of the Republic.
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 Council of the Republic shall
be a chamber of territorial representation. The Council of the Republic shall
consist of eight deputies from every region (oblast) and the city of Minsk,
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. Eight
members of the Council of the Republic shall be appointed by the President of
the Republic of Belarus.
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 expire of the powers of the current
Parliament.
Extraordinary elections for the
chambers of the Parliament shall be held within three months since the
premature expire of the powers of the chambers of the Parliament.
Article 92. Any citizen of the Republic of
Belarus who has reached the age of 21 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 five years may become a member of the Council of the Republic.
A deputy of the House of
Representatives shall exercise one's powers in the Parliament on a
professional basis unless otherwise is determined by the Constitution. A
deputy of the House of Representatives may simultaneously be member of the
Government.
No person may be simultaneously a
member of both chambers of the Parliament. A member of the House of
Representatives may not be a member of a local Council of deputies. A member
of the Council of the Republic may not be simultaneously a member of the
Government. No person may exercise one's duties as a member of the House of
Representatives, or member of the Council of the Republic and simultaneously
hold the office of President or ajudge.
Article 93. The term of the Parliament shall
be four years. The powers of the Parliament may be extended by law only in
the event of a war.
The first session of Parliament
after the elections shall be called by the Central Commission on Elections
and National Referenda and shall be convened no later than 30 days after the
elections. The countdown of the thirty 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 countdown
of the thirty day period shall start from the day of the first round of
general elections in the Republic of Belarus. The countdown of the thirty day
period for calling and convening the first session of the Council of the
Republic 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 the members of
the Council of the Republic from the regions (oblasts) or the city of Minsk.
The powers of the House of
Representatives or the Council of the Republic may be terminated prematurely
to the order as determined by the Constitution. With the termination of the
powers of the House of Representatives or the Council of the Republic, the
President may take the decision to terminate the powers of the House of
Representatives or the Council of the Republic consequently.
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 powers of the House of
Representatives or the Council of the Republic may be prematurely terminated
in accordance with the conclusion of the Constitutional Court due to
systematic and gross violation of the Constitution by the chambers of the
Parliament.
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 sessions 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 Council of the Republic may in instances of urgent necessity be convened
for an extraordinary session to the request of the President, or initiative
of no less than a two-thirds majority of the full composition of every
chamber for a special agenda.
The extraordinary sessions shall
be called by the decrees of the President.
Article 96. The House of Representatives
shall elect from the ranks of the deputies the Chairperson of the House and
the deputy.
The Council of the Republic shall
elect from the ranks of senators the Chairperson of the Council of the
Republic and the deputy.
The Chairpersons of the House of
Representatives and the Council of the Republic, 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
the Council of the Republic 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:
1) 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; environmental protection
and the rational utilisation of natural resources; 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 Prime minister 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) accept the resignation of the
President;
9) be entitled with a 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 Council of the Republic 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;
10) cancel the order of the
Chairperson of the House of Representatives. The House of Representatives may
take decisions on other issues which are determined by the Constitution.
Article 98. The Council of the Republic shall:
1) 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 Chairperson of the Constitutional Court,
Chairperson and judges of the Supreme Court, the Chairperson and judges of
the Supreme Economic Court, the Chairperson of the Central Commission on
Elections and National Referenda, the Procurator-General, the Chairperson and
members of the National Bank;
3) elect six judges of the
Constitutional Court;
4) elect six members of the
Central Commission on Elections and National Referenda;
5) reverse decisions of local
Councils of deputies which do not conform to legislation;
6) adopt resolution on the
dissolution of local Council of deputies where it systematically and
flagrantly violates the requirements of the law and other instances
determined by the law;
7) 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 two-thirds of the full composition of the House;
8) consider Presidential decrees
on the introduction of a state of emergency, martial law, general or partial
mobilisation no later than three days after their submission and take the
appropriate decision.
The Council of the Republic 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, Council of the Republic, 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 forward proposals in the House of
Representatives and Council of the Republic on the urgency of consideration
of a draft law. The House of Representatives and Council of the Republic
shall consider in the instance the latter in the course of ten days since its
submission.
To the request of the President or
to his consent the Government, the House of Representatives and Council of
the Republic 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.
Article 100. Any bill, unless otherwise
specified by the Constitution, shall be initially considered in the House of
Representatives and then in the Council of the Republic.
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 Council
of the Republic.
Bills adopted by the House of
Representatives shall be sent to the Council of the Republic for
consideration within five days, where they shall be considered within no more
than twenty days unless otherwise specified in the Constitution.
A bill shall be deemed to have
been approved by the Council of the Republic provided that a majority of
votes of the full composition of the Council of the Republic has been cast
for it, or if within twenty days, and in instances of urgency within ten days
since its submission, the Council of the Republic failed to consider it. If
the bill is rejected by the Council of the Republic, 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 two-thirds of its full composition has voted
for it.
A bill adopted by the House of
Representatives and approved by the Council of the Republic, or in the
instance determined by the present article adopted by the House of
Representatives shall be submitted to the President for signature within ten
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 and shall be invalid 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 thirty 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 five days shall be
submitted to the Council of the Republic, which shall consider it for a
second hearing within twenty days. The bill shall be deemed to have been
approved if no less than two-thirds of the full composition of the Council of
the Republic has voted for it. The bill, after the House of Representatives
and the Council of the Republic 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 Council of the Republic the
bill shall be signed by the President and become a law without the provisions
which have been rejected by the President.
Article 101. To the proposal of the President,
the House of Representatives and the Council of the Republic may adopt a law
supported by a majority 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 account of its
implementation alterations with regard to the election of the President and
Parliament, limitation of constitutional rights and liberties of the
citizens. The law on delegating legislative powers to the President shall not
permit him alteration of the said law, nor shall it permit to adopt
regulations which are retroactive.
In instances of necessity 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
three days of their adoption to the House of Representatives, and then to the
Council of the Republic. These decrees shall be valid if they are not
rejected by a majority of no fewer than two-thirds of votes of the full
composition of both 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 members of the Council of the Republic 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 members of Council of the Republic 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, as well as detention at the site where
the crime was committed.
A criminal case involving a deputy
of the House of Representatives or a member of the Council of the Republic
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
corresponding chamber. The President, his representatives, the Prime minister
and members of the Government 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 of the Houses
of Representatives and members of the Council of the Republic.
A deputy of the House of
Representatives, or member of the Council of the Republic 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 twenty 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 of the Houses of Representatives or members of the Council of the
Republic are present.
Voting in the House of
Representatives and Council of the Republic shall be open and exercised by
the deputy of the House or member of the Council of the Republic in person by
a 'yes' vote or a 'nay' vote. A secret vote shall be held only in the
instance of addressing personnel issues.
Article 104. Decisions of the House of
Representatives shall be taken by laws or enactments. Enactments of the House
of Representatives shall be taken with regard to issues of order and
supervision.
The decisions of the Council of
the Republic shall be taken in the form of enactments.
The decisions of the chambers
shall be deemed to have been adopted by a majority of the full composition of
the chambers unless otherwise specified in the Constitution.
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 two-thirds majority of elected
deputies of both chambers has voted for them.
The laws shall be published
immediately after their signature and shall become valid ten 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 extenuates or revokes the responsibility of
citizens.
Article 105. The procedure governing the
activities of the House of Representatives, Council of the Republic, the
bodies thereof and the deputies and members of the Council of the Republic
shall be determined by the Rules of Procedure of the chambers, which shall be
signed by the Chairpersons of the chambers.
CHAPTER 5
THE GOVERNMENT - THE COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS
Article 106. Executive power in the Republic
of Belarus shall be exercised by the Government - the Council of Ministers of
the Republic of Belarus - the central body of state administration.
The Government in 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 shall be
appointed by the President of the Republic of Belarus with the consent of the
House of Representatives. The decision to this order shall be taken by the
House of Representatives within two weeks since the nomination of the
candidacy of the Prime minister. If the House of Representatives rejects the
submitted nomination of the Prime minister twice, the President shall appoint
the acting Prime minister on his own, and dissolve the House of
Representatives and call new elections.
The Prime minister shall manage
the activities of the Government. The Prime minister shall:
1) 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 two months 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 organization and activities of the Government.
The Government or any member
therein shall be entitled to tender the resignation to the President, 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 by the House of Representatives, the President
shall be entitled to accept the resignation of the Government, or dissolve
the House of Representatives 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 107. The Government of the Republic of
Belarus shall:
administer the system of
subordinate 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 the rights
and liberties of citizens, safeguard the interests of the state, national
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 state administration; exercise other powers entrusted
to him by the Constitution, 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 competence of the Government and the procedure governing
its activities shall be determined on the basis of the Constitution and the
Law on the Council 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 judicial system in the
Republic of Belarus shall be determined by the law. The formation of special
courts shall be prohibited.
Article 110. In administering justice judges
shall be independent and subordinate to law alone.
Any interference injudges'
activities in the administration of justice shall be impermissible and liable
to legal action.
Article 111. 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 112. 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 rulings of courts are mandatory for all citizens and
officials.
The parties and the persons have
the right to appeal rulings, sentences and other judicial decisions.
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, who as a rule have a scientific degree.
Six Judges of the Constitutional
Court shall be appointed by the President of the Republic of Belarus and six
elected by the Council of the Republic. The Chairperson of the Constitutional
Court shall be appointed by the President with the consent of the Council of
the Republic. The term of the members of the Constitutional Court shall be 11
years, and the permissible age limit shall be 70 years.
The Constitutional Court on the
recommendations of the President of the Republic of Belarus, the House of
Representatives, the Council of the Republic, the Supreme Court of the
Republic of Belarus, the Supreme Economic Court of the Republic of Belarus,
the Cabinet of Ministers of the Republic of Belarus 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 instruments of
interstate formations of which the Republic of Belarus is part, edicts of the
President of the Republic of Belarus which are issued to the execution of the
law, the Constitution, the laws, decrees and instruments of international law
ratified by the Republic of Belarus;
the conformity of the ordinances
of the Council of Ministers and orders of the Supreme Court, the Supreme
Economic Court, Procurator-General to the Constitution, laws and instruments
of international law ratified by the Republic of Belarus, laws, decrees and
edicts;
the conformity of enactments of
any other state body 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.
In instances specified by the
Constitution, the Constitutional Court with regard to the proposal of the
President shall give its conclusion on the presence of instances of
systematic or flagrant violation of the Constitution of the Republic of
Belarus by the chambers of Parliament.
The competence, organization and
procedure governing the activities of the Constitutional Court shall be
determined by the law.
Section V: Local government and self-government
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 118. Local councils of deputies shall
be elected by the citizens of the relevant administrative-territorial units
for a four-year term.
Article 119. The heads of local executive and
administrative bodies shall be appointed and dismissed by the President of
the Republic of Belarus or to the order determined by the latter, and their
appointment shall be subject to the approval of the local councils of
deputies.
Article 120. 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 121. 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 122. 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.
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, superior 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 123. Where a local council of deputies
systematically or flagrantly violates the requirements of the law, it may be
dissolved by the Council of the Republic. 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 state supervisory committee
CHAPTER 7
THE PROCURATOR'S OFFICE
Article 125. The Procurator-General of the
Republic of Belarus and subordinate public prosecutors shall be entrusted to
supervise the strict and unified implementation of the laws, decrees,
regulations and other enforceable enactments by ministers and other bodies
subordinate to the Council of Ministers, as well as by local representative
and executive bodies, enterprises, organizations, establishments, public
associations, officials and citizens.
The Procurator's office shall
exercise supervision over the implementation of the laws determining the
execution of the verdicts of the courts in civil, criminal and administrative
cases in instances determined by the law, as well as shall carry out
preliminary investigation and support state charges in the courts.
Article 126. The Procurator-General shall head
the unified and centralized system of bodies of the Procurator's office, and
shall be appointed by the President with the consent of the Council of the
Republic.
The subordinate public prosecutors
shall be appointed by the Procurator-General.
Article 127. The Procurator-General and
subordinate public procurators shall be independent in the exercise of their
powers and guided by the legislation. The Procurator-General shall be
accountable to the President.
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 STATE SUPERVISORY COMMITTEE
Article 129. The Supervisory Authority shall
monitor the implementation of the national budget, the use of public property
and the implementation of the acts of the President, Parliament, Government
and other state bodies governing public property relationships and economic,
financial and tax relations.
Article 130. The State Supervisory Committee
shall be formed by the President. The Chairperson of the State Supervisory
Committee shall be appointed by the President.
Article 131. The competence, organization and
procedure governing the activities of the State Supervisory Committee 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 133. 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 134. 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 Parliament 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 and the Constitution, the Constitution
shall apply.
Where there is a discrepancy between
a decree or ordinance 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
supplementing 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 by the Parliament during a state of emergency or the
last six months of the term of the House of Representatives.
Article 140. The Constitution, laws on
amendments and addenda thereto, on the entry into force of the said laws and
instruments on the interpretation of the Constitution shall be deemed to have
been adopted where no less than two-thirds 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 be reconsidered only by means of a referendum.
Section IX: Final and transitional clauses
Article 141. The 1994 Constitution of the
Republic of Belarus together with the alterations and addenda, adopted at the
national referendum (the present Constitution) shall enter into force on the
day on which it is promulgated, apart from the specific provisions thereof,
that are to enter into force under the procedure and at the times specified
in the present Constitution. Simultaneously the Law of the Republic of
Belarus "On the Procedure Governing the Entry into Force of the
Constitution of the Republic of Belarus" shall cease to apply.
Article 142. The laws, decrees and other acts
which were applied in the territory of the Republic of Belarus prior to the
entry into force of the present Constitution shall apply in the particular
parts thereof that are not contrary to the Constitution of the Republic of
Belarus.
Article 143. Within a month of the entry into
force of the Constitution of the Republic of Belarus the Supreme Council of
the Republic of Belarus and the President of the Republic of Belarus shall
form the House of Representatives from among the deputies of the Supreme
Council who were elected by the appointed date of the referendum held in
1996. The deputies of the Supreme Council of the Republic of Belarus shall
retain their powers within the term stipulated by the present Constitution. The
term of their powers shall be assessed from the day on which the present
Constitution enters into force.
The Council of the Republic shall
be formed to the order specified in Article 91 of the present Constitution.
If within the assigned time the
House of Representatives is not formed due to controversies between the
President and the Supreme Council, the former shall in accord with clauses 2
and 3 of Article 84 of the present Constitution dissolve the Supreme Council
and call on new elections to Parliament.
Article 144. The President of the Republic of
Belarus shall retain his powers. The term of his powers shall be assessed
from the day on which the present Constitution enters into force.
Article 145. The Government of the Republic of
Belarus shall exercise its duties and powers from the day on which the
present Constitution enters into force.
Article 146. The President, Parliament and the
Government within two months since the present Constitution enters into force
shall form assigned bodies of power to the order as determined by the present
Constitution, unless otherwise specified by part 3 of Article 143 of the
Constitution.
President
of the Republic of Belarus A.Lukashenko
27 November 1996
Minsk
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