/ Legislative Process

BASICS OF LEGISLATIVE PROCESS

 In accordance with article 99 of the Constitution of the Republic of Belarus, the right of legislative initiative belongs to the President, deputies of the Chamber of Representatives, the Council of the Republic, Government and also citizens who enjoy electoral rights in a quantity of not less than 50 thousand persons, and is realized in the Chamber of Representatives.

Law drafts, which upon their adoption, lead to a decrease of state funds or the creation or increase of expenses, may be introduced to the Chamber of Representatives only with the consent of the President or at his instruction and with the consent of the Government.

The President or the Government, at his instruction, has the right to introduce to the Chamber of Representatives and the Council of the Republic the proposals on declaring the consideration of the law draft urgent. The Chamber of Representatives and the Council of the Republic, in this case, shall consider the given draft within 10 days from the day of its introduction for consideration. At the request of the President or the Government, with the President’s consent, the Chamber of Representatives and the Council of the Republic meet to pass decisions, voting in whole for the entire draft introduced by the President or Government or in part, preserving only the amendments proposed or adopted by the President or Government.

Article 100 of the Constitution determines that any law draft, unless otherwise provided by the Constitution, is considered at first in the Chamber of Representatives and then in the Council of the Republic.

A law draft, except for cases provided by the Constitution, becomes a law after its adoption by the Chamber of Representatives and the approval of the Council of the Republic by a majority of votes of the complete composition of every chamber. Law drafts adopted by the Chamber of Representatives within 5 days are transferred for consideration to the Council of the Republic, where they must be considered within 20 days, unless otherwise is provided by the Constitution. A law is considered approved by the Council of the Republic if a majority of the complete composition of the Council has voted for it, or after the 20 days time period has passed. If it has been announced urgent, then it will be considered approved 10 days from the date of its introduction, if it has not been considered by the Council of the Republic.

In case of rejection of the law draft by the Council of Republic, the chambers may create a conciliatory commission formed on a parity basis to overcome disagreements. The text of a law draft developed by the conciliatory commission is presented for the approval of both chambers. If the conciliatory commission does not adopt the agreed text of the law draft, the President or the Government, at his instruction, may require the Chamber of Representative to pass a final decision. In this case, a law is considered adopted by the Chamber of Representatives on the condition that not less than two thirds of the complete composition of the chamber has voted for it.

A law adopted by the Chamber of Representatives and approved by the Council of the Republic or adopted by the Chamber of Representatives in the procedure mentioned above, is presented within 10 days to the President for signing. If the President agrees with the text of the law, he signs it. If the President does not return any law within 2 weeks after it has been received, the law is considered signed. The law is not considered signed and does not enter into force, if it could not be returned to the Parliament in connection with the end of its session.

If the President does not agree with the text of the law, he returns it with his own objections to the Chamber of Representatives, which shall then consider the law with the President’s objection within than 30 days. If the Chamber of Representatives adopts the law by no less than two thirds of the votes of its complete composition, it is sent together with the objections of the President within 5 days to the Council of Republic, which shall consider it once again within 20 days. The law is then considered adopted, if it has been approved by not less than two thirds of votes of the complete composition of the Council of the Republic. The law, after overcoming the objections of the President by the Chamber of Representatives and the Council of the Republic, is signed by the President within a 5 day period. The law also enters into force if the President has not signed it within this time period.

The chambers follow a similar procedure if the President’s objections to certain provision of the law are returned for repeated voting. In this case, before the Chamber of Representatives and the Council of the Republic pass a relevant decision, the law is signed by the President and enters into force, except for those provisions to which the President objects.

The Chamber of Representatives and the Council of the Republic may empower the President with legislative powers to issue decrees, which have the force of law, by passing a law adopted by majority of votes of the complete composition of the chambers. This law shall determine the subject of regulation and the term of President’s powers to pass such decrees. Empowering the President with the power to pass decrees, which provide: alterations and amendments to the Constitution and its interpretation; alterations and amendments to program laws; approval of the republican budget and accountability for its fulfillment; changing the procedures for electing the President and Parliament or the limitation of constitutional rights and freedoms of citizens is prohibited. The law on empowering the President with legislative powers cannot allow him to change this law or give him the right to pass rules having retroactive force.

As the result of special need, the President, at his own initiative or at the Government’s proposal, may pass temporal decrees having the force of law. If such decrees are passed at the Government’s proposal, they are also signed by the Prime-Minister. Temporal decrees shall, within 3 days, be submitted for further consideration to the Chamber of Representatives and then to the Council of the Republic. If they have not been abolished by a vote of no less than two thirds of the complete composition of every chamber, these decrees preserve their force. By law, the chambers may regulate the relations that arise on the basis of the decrees that have been abolished.

In accordance with Regulation on the National Centre of Legislation and Legal Research of the President of the Republic of Belarus approved by the Edict of the President of the Republic of Belarus of December 13, 2007 No.630 “On Certain Measures for Improving the Law-making Activity and Scientific Research in the Field of Law”, the National Centre of Legislation and Legal Research of the President of the Republic of Belarus is a central state establishment providing preparation of drafts of legal acts in the Republic of Belarus.