CONSTITUTION
OF THE REPUBLIC OF BELARUS OF 1994
(with changes and additions adopted at the republican referenda of
November 24, 1996* and of October 17, 2004)
______________________________
* Entered
into force from the day of its publication in accordance with Article 1 of the
Law of the Republic of Belarus "On Procedure of Entry into Force of the
Constitution of the Republic of Belarus".
We, the
People of the Republic of Belarus (of Belarus),
proceeding
from the responsibility for the present and future of Belarus,
recognising
ourselves a full-fledged subject of the international community and confirming
our adherence to the values common to all mankind,
founding
ourselves on our inalienable right to self-determination,
supported by
the centuries-old 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, firm foundations of government by the people and a
state based on the rule of law,
adopt hereby
this Constitution – the Fundamental Law of the Republic of Belarus.
SECTION I
FUNDAMENTALS
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 its whole
territory and implements an independent domestic and foreign policy.
The Republic
of Belarus shall defend its independence and territorial integrity, its
constitutional system, and safeguard lawfulness and law and order.
Article 2. The individual, his rights, freedoms and guarantees
to secure them are the supreme value and goal of the society and the State.
The State
shall assume responsibility before the citizen to create the conditions for
free and dignified development of his personality. The citizen shall assume
responsibility before 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 bearer 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 confines determined 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 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
opinions.
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 to ascertaining and expressing the political will of
the citizens and shall 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
foundation and activities of political parties and other public associations,
that aim to change the constitutional system by force or conduct propaganda of
war, social, ethnic, religious and racial hatred, shall be prohibited.
Article 6. State power in the Republic of Belarus shall be
exercised on the principle of its separation into legislative, executive and
judicial powers. State bodies within the confines of their powers, shall be
independent: they shall interact among themselves, check and balance one
another.
Article 7. The Republic of 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 acts of legislation adopted in accordance therewith.
Legal acts or
specific provisions thereof which have been recognised under the procedure
specified by law as contradicting the provisions of the Constitution shall have
no legal force.
Normative
acts of state bodies shall be published or promulgated by other means specified
by law.
Article 8. The Republic of Belarus shall recognise the
supremacy of the generally recognised principles of international law and shall
ensure the compliance of laws therewith.
The Republic
of Belarus in conformity with the rules of international law may on a voluntary
basis enter interstate formations and withdraw from them.
Conclusion of
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 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 integral and inalienable.
The territory
shall be divided into regions (oblasts), districts, cities and other administrative and
territorial units. The administrative and territorial division of the State
shall be determined by the legislation.
Article 10. A citizen of
the Republic of Belarus shall be guaranteed protection and patronage of the
State both in 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 provided by treaties to which the Republic of Belarus is a party.
Acquisition
and loss of the citizenship shall be carried out in accordance with the law.
Article 11. Foreign nationals and stateless persons in the
territory of Belarus shall enjoy the rights and freedoms and execute duties on
equal terms with citizens of the Republic of Belarus, unless otherwise
specified by the Constitution, laws and 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 identity.
Article 13. Property may be state-owned or private.
The State
shall grant equal rights to all to conduct economic and other activities,
except for those prohibited by law, and guarantee equal protection and equal
conditions for development of all forms of ownership.
The State
shall promote development of co-operation.
The State
shall guarantee to all equal opportunities for free utilisation of abilities
and property for entrepreneurial and other types of economic activities which
are not prohibited by law.
The State shall
regulate economic activities in the interests 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 exclusive property of the State. The land
for agricultural use is the property of the State.
Law may
determine facilities that are in the ownership of the State only, or establish
a special procedure for their transfer to private ownership, or grant the State
an exclusive right to conduct certain types of activity.
The State
shall guarantee the working people the right to participate in management of
enterprises, organisations and institutions 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.
Relations in
social and labour sphere between the bodies of state administration,
associations of employers and trade unions shall be exercised on the principles
of social partnership and interaction of the parties.
Article 15. The State shall bear responsibility for preserving
the historic, cultural and spiritual heritage, and for free development of the
cultures of all ethnic communities residing in the Republic of Belarus.
Article 16. Religions and faiths shall be equal before the law.
Relations
between the State and religious organisations shall be regulated by law with regard
to their influence on formation of spiritual, cultural and state traditions of
the Belarusian people.
The
activities of religious organisations, their bodies and representatives that
are directed against the sovereignty of the Republic of Belarus, its
constitutional system and civic concord, or involve violation of civil rights
and freedoms of its citizens as well as impede 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 equality of states, non-use of force or threat
of force, inviolability of frontiers, peaceful settlement of disputes,
non-interference in internal affairs and other generally recognised principles
and norms of the international law.
The Republic
of Belarus aims at making its territory a nuclear-free zone, and the state
–neutral.
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 law.
SECTION II
INDIVIDUAL,
SOCIETY AND THE STATE
Article 21. Safeguarding the rights and freedoms of citizens of
the Republic of Belarus shall be the supreme goal of the State.
Everyone has
the right to a decent standard of living, including appropriate food, clothing,
housing and a continuous improvement of conditions necessary to attain this.
The State
shall guarantee the rights and freedoms of citizens of Belarus that are enshrined
in the Constitution and laws, and specified by the State's international
obligations.
Article 22. All shall be equal before the law and have the
right to equal protection of their rights and legitimate interests without any
discrimination.
Article 23. Restriction of personal rights and freedoms shall
be permitted only in the instances specified by law, in the interests of
national security, public order, protection of the morals and health of the
population as well as rights and freedoms of other persons.
No one may
enjoy advantages and privileges that are contrary to law.
Article 24. Everyone has the right to life.
The State
shall protect life of the individual against any unlawful infringements.
Until its
abolition, the death penalty may be applied in accordance with law as an
exceptional measure of punishment for especially grave crimes and only in
accordance with a court sentence.
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 by law.
A person who
has been taken into custody shall have the right to a judicial review of the
legality of his detention or arrest.
No one shall
be subjected to torture or cruel, inhuman or degrading treatment or punishment,
or be subjected to medical or other experiments without his consent.
Article 26. No one may be found guilty of crime unless his
guilt is proven under the procedure specified by law and established by a court
sentence that has come into legal force. Accused persons shall not be required
to prove their innocence.
Article 27. No one shall be compelled to be a witness against
oneself, members of his family or close relatives. Evidence obtained in
violation of the law shall have no legal force.
Article 28. Everyone shall have the right 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. Inviolability of home and other legitimate
possessions of citizens shall be guaranteed. No one shall have the right
without a lawful ground to enter home or other legitimate possession of a
citizen against his will.
Article 30. The 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 thereto without hindrance.
Article 31. Everyone shall have the right to determine
independently his attitude towards religion, to manifest any religion alone or
in community with others, or to manifest 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, which are not
prohibited by law.
Article 32. Marriage, family, motherhood, fatherhood, and
childhood shall be under the protection of the State.
On reaching
the age of consent a woman and a man shall have the right to enter into
marriage on a voluntary basis and found a family. Spouses shall have equal
rights in family relationships.
Parents or
persons acting as parents have the right and are obliged 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 engaged in work that
may be harmful to its physical, mental or moral development. Children shall
take care of their parents or persons acting as parents and render them
assistance.
Children may
be separated from their family against the will of their parents or persons
acting as parents only according to a court decision if the parents or persons acting as
parents fail to perform their duties.
Women shall
be guaranteed equal rights with men in their opportunities to receive education
and vocational training, promotion in labour, social and political, cultural
and other spheres of activity as well as in creating conditions safeguarding
their occupational safety and health.
Young people
shall be guaranteed the right to their spiritual, moral and physical
development.
The State
shall create all necessary conditions for free and effective participation of
young people in political, social, economic and cultural development.
Article 33. Everyone is guaranteed freedom of thoughts and
beliefs and their free expression.
No one may be
forced to express his beliefs or to deny them.
No
monopolisation of 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 on 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 provide citizens of the Republic of
Belarus with an opportunity to familiarise themselves with materials that
affect their rights and legitimate interests.
The use of
information may be restricted by the legislation with the purpose to safeguard
honour, dignity, personal and family life of the citizens and the full exercise
of their rights.
Article 35. The freedom to hold assemblies, meetings, street
marches, demonstrations 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 holding the above-mentioned events
shall be determined by law.
Article 36. Everyone shall have the right to freedom of
association.
Judges,
employees of the Prosecutor's Office, the staff of bodies of internal affairs,
the Committee of State Control 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 settlement of state affairs, both directly and through
freely elected representatives.
The direct
participation of citizens in administration of affairs of the society and the
State shall be safeguarded by holding referenda, discussion of draft laws and
issues of republican and local significance, and by other means specified by
law.
The citizens
of the Republic of Belarus shall take part in discussion of issues of state and
public life at republican and local meetings, under the procedure established
by the legislation.
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 abilities and professional training, shall have the right to equal
access to any office 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
thereto within the period determined by 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 profession, type of occupation and
work in accordance with his vocation, capabilities, education and professional
training, and with regard to social needs, and the right to healthy and safe
working conditions.
The State
shall create conditions necessary for full employment of the population. If a
person is unemployed for reasons which are beyond his control, he shall be
guaranteed training in new specialisations and upgrading of his qualifications
with 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
(agreements), and the right to strike.
Forced labour
shall be prohibited, other than work or service specified by a court sentence
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 an independent and dignified living for
them and their families.
Women and
men, adults and minors shall have the right to equal remuneration for work of
equal value.
Article 43. Working people shall have the right to rest. For
employees, this right shall be ensured 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 days off.
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 property either individually
or jointly with others. The inviolability of property and the right to inherit
property shall be safeguarded by law.
Property
acquired in accordance with the law shall be protected by the State.
The State
shall encourage and protect the savings of citizens and guarantee conditions
for return of deposits.
Compulsory
alienation of property 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 property, and in accordance with a
court ruling.
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 institutions.
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
development of physical training and sport, measures to improve the
environment, the opportunity to use fitness institutions and improvements in
occupational safety.
Article 46. Everyone shall have the right to a conducive
environment and to a compensation for the loss or damage caused by violation of
this right.
The State
shall supervise the rational utilisation 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, incapability to work, loss of the bread-winner and in other
instances specified by law. The State shall display particular care for
veterans of war and labour as well as for those who undermined their health
defending national and public interests.
Article 48. Citizens of the Republic of Belarus shall have the
right to housing. This right shall be ensured by development of state and
private residential housing and assistance to citizens in acquisition of housing.
The State and
local self-government shall grant housing to citizens who are in need of social
protection free of charge or at prices affordable to them in accordance with
the legislation.
No one may be
arbitrarily deprived of housing.
Article 49. Everyone shall have the right to education.
Accessible
and free general, secondary and vocational and technical education shall be
guaranteed.
Secondary
specialised and higher education shall be accessible to all in accordance with
the capabilities of each individual. Everyone may, on a competitive basis, get
appropriate education at state educational institutions free of charge.
Article 50. Everyone shall have the right to preserve his
ethnic identity, and equally, no one may be compelled to determine or indicate
his ethnic identity.
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 upbringing and instruction.
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 kept in state and public
collections and by development of a network of cultural and educational
institutions.
Freedom of
artistic, scientific and technical creativity and teaching shall be guaranteed.
Intellectual
property shall be protected by law.
The State
shall contribute to development of culture, scientific and technical research
for the benefit of common interests.
Article 52. Everyone in the territory of the Republic of
Belarus is obliged to observe its Constitution and laws and to respect national
traditions.
Article 53. Everyone shall respect dignity, rights, freedoms
and legitimate interests of others.
Article 54. Everyone shall preserve the historical, cultural
and spiritual heritage and other national treasures.
Article 55. Protection of the environment shall be the duty of
everyone.
Article 56. Citizens of the Republic of Belarus shall
contribute to funding public expenditure by means of state taxes, duties and
other payments.
Article 57. Defence of the Republic of Belarus shall be the
responsibility and sacred duty of the citizen of the Republic of Belarus.
The procedure
regulating military service, grounds and conditions for exemption from military
service or its substitution by alternative service shall be determined by law.
Article 58. No one may be compelled to perform duties that are
not specified in the Constitution of the Republic of Belarus and its laws or to
renounce his rights.
Article 59. The State shall take all measures at its disposal
to establish the domestic and international order necessary for the full
exercise of the rights and freedoms of the citizens of the Republic of Belarus
that are specified by the Constitution.
State bodies,
officials and other persons who have been entrusted to exercise state functions
shall, within their competence, take necessary measures to implement and
protect personal rights and freedoms.
These bodies
and persons shall bear responsibility for the actions violating the rights and
freedoms of the individual.
Article 60. Everyone shall be guaranteed protection of his
rights and freedoms by a competent, independent and impartial court within the
time limits specified by law.
In order to
protect their rights, freedoms, honour and dignity in accordance with law,
citizens shall be entitled to claim, through courts, both property damage and
financial compensation for moral injury.
Article 61. Everyone shall have the right in accordance with
the international legal acts ratified by the Republic of Belarus to appeal to
international organisations to defend his rights and freedoms, provided all
available domestic legal remedies have been exhausted.
Article 62. Everyone shall have the right to legal assistance
to exercise and protect his rights and freedoms, including the right to make
use, at any time, of assistance of lawyers and his other representatives in
court, other state bodies, bodies of local government, enterprises, institutions,
organisations and public associations, and also in relations with officials and
citizens. In the instances specified by law, legal assistance shall be rendered
at the expense of state funding.
Obstruction
to rendering legal assistance shall be prohibited in the Republic of Belarus.
Article 63. The exercise of the personal rights and freedoms
specified by the present Constitution may be suspended only under a state of
emergency or martial law under the procedure and within the limits specified by
the Constitution and 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. Elections of deputies and other persons elected to
state offices by the people shall be general: 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 or kept in places of confinement in accordance
with a court sentence shall not take part in elections. Persons in respect of
whom detention, as a measure of restraint, is selected under the procedure
established by the criminal procedural legislation shall not take part in
voting. Any direct or indirect restrictions on voting rights of citizens in
other instances shall be inadmissible and punishable by law.
The age
qualification of deputies and other persons to be elected to state offices
shall be determined by the 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 holding of elections shall be open and public.
Article 66. Elections shall be equal: voters shall have an
equal number of votes.
Candidates
elected to state offices shall take part in elections on the equal basis.
Article 67. Elections of deputies shall be direct: deputies
shall be elected by citizens directly.
Article 68. Voting in elections shall be secret: control over
expression of the will of voters during voting shall be prohibited.
Article 69. Public associations, work collectives and citizens
shall have the right to nominate candidates for deputies in accordance with the
law.
Article 70. Expenditures for preparation and holding of
elections shall be covered by the State within the limits of the funds assigned
for this purpose. In instances determined by the law, expenditures for
preparation and holding of elections may be covered at the expense of funds of
public associations, enterprises, institutions, organisations and citizens.
Article 71. Electoral commissions shall ensure holding of
elections, unless otherwise provided by the Constitution.
The procedure
regulating holding of elections shall be determined by laws of the Republic of
Belarus.
No elections
shall be held during a state of emergency or martial law.
Article 72. Recall of deputies shall be carried out on the
grounds specified by law.
Voting for
the recall of a deputy shall be conducted according to the procedure determined
for election of a deputy, and on the initiative of no less than 20 percent of
the citizens eligible to vote and residing in the corresponding territory.
The grounds
and procedure for the recall of members of the Council of the Republic shall be
established by law.
CHAPTER 2
REFERENDUM
(POPULAR VOTE)
Article 73. Republican and local referenda may be held to
resolve the most important issues of the State and society.
Article 74. Republican referenda shall be called by the
President of the Republic of Belarus on his own initiative as well as on the
proposal of the House of Representatives and the Council of the Republic passed
at their separate sittings by a majority of votes of the composition (full
composition) of each House established by the Constitution, or on the proposal
of no less than 450 thousand citizens eligible to vote, including no less than
30 thousand citizens from each of the regions (oblasts) and the city of Minsk.
The President
shall, after the submission in accordance with the law for his consideration of
the proposals on holding the referendum of the House of Representatives and the
Council of the Republic or of the citizens, call a republican referendum.
The date of
referendum shall be set no later than three months from the day of issuing the
edict of the President on holding the referendum.
The decisions
adopted by the republican referendum shall be signed by the President of the
Republic of Belarus.
Article 75. Local referenda shall be called by the
corresponding local representative bodies on their initiative or on the
proposal of no less than ten percent of the citizens eligible to vote and
residing in the corresponding territory.
Article 76. Referenda shall be held by means of universal,
free, equal and secret ballot.
Citizens of
the Republic of Belarus eligible to vote take part in referenda.
Article 77. The decisions adopted by a referendum may be
abolished or changed only by means of another referendum, unless the referendum
determines otherwise.
Article 78. The procedure of holding republican 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
PRESIDENT,
PARLIAMENT, GOVERNMENT, COURT
CHAPTER 3
PRESIDENT OF
THE REPUBLIC OF BELARUS
Article 79. The President of the Republic of Belarus shall be
the Head of the State, the guarantor of the Constitution of the Republic of
Belarus, the rights and freedoms of man and of the citizen.
The President
shall personify the unity of the nation, guarantee the implementation of the
main guidelines of the domestic and foreign policy, represent the Republic of
Belarus in relations with other states and international organisations. The
President shall take measures on protection of sovereignty of the Republic of Belarus,
its national security and territorial integrity, ensure its political and
economic stability, continuity and interaction of the bodies of state power,
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 of
at least 35 years of age who is eligible to vote and has been residing in the
Republic of Belarus for at least ten years prior 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 on the
basis of universal, free, equal, direct suffrage by secret ballot.
Presidential
candidates shall be nominated by citizens of the Republic of Belarus provided
the signatures of no less than 100 thousand voters have been collected.
Presidential
elections shall be called by the House of Representatives no later than five
months and shall be held no later than two months prior to the expiration of
the term of office of the previous President.
If the office
of the President falls 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
if over half of the citizens of the Republic of Belarus on the electoral roll
have taken part in the voting.
The President
shall be deemed elected if over half of the citizens of the Republic of Belarus
who took part in the voting voted for him.
If none of
the candidates gets the required number of votes, a second round of voting
between the two candidates who have obtained the largest number of votes shall
be conducted within two weeks. The presidential candidate who obtains more than
half of the votes of those who took part in the second voting shall be deemed
elected.
The procedure
of holding presidential elections shall be determined by the law of the
Republic of Belarus.
Article 83. The President shall assume the office after taking
the following Oath:
"Assuming
the office of the President of the Republic of Belarus, I solemnly swear to
faithfully serve the people of the Republic of Belarus, to respect and protect
the rights and freedoms of man and of the citizen, to observe and protect the
Constitution of the Republic of Belarus, and to fulfil strictly and
conscientiously the lofty duties that have been bestowed upon me".
The Oath
shall be taken in a solemn ceremony in the presence of deputies of the House of
Representatives and members of the Council of the Republic, the judges of the
Constitutional, Supreme and Supreme Economic Courts no later than two months
from the day on which the President has been elected. The powers of the previous
President shall terminate from the moment the President-elect has taken the
Oath.
Article 84. The President of the Republic of Belarus shall:
1) call
republican referenda;
2) call
regular and extraordinary elections to the House of Representatives, the
Council of the Republic and local representative bodies;
3) dissolve
the Houses of the Parliament in the instances and according to the procedure
determined by the Constitution;
4) appoint
six members of the Central Commission of the Republic of Belarus on Elections
and Holding Republican Referenda;
5) form,
dissolve and reorganise the Administration of the President of the Republic of
Belarus, other bodies of state administration as well as consultative advisory
councils, other bodies at the President;
6) appoint
the Prime Minister with the consent of the House of Representatives;
7) determine
the structure of the Government of the Republic of Belarus, appoint and dismiss
Deputies Prime Minister, ministers and other members of the Government, take
decision on resignation of the Government or any of its members;
8) appoint
the Chairperson of the Constitutional, Supreme and Supreme Economic Courts from
among the judges of these courts with the consent of the Council of the
Republic;
9) appoint
judges of the Supreme and Supreme Economic Courts, the Chairperson of the
Central Commission of the Republic of Belarus on Elections and Holding
Republican Referenda, the Prosecutor General, the Chairperson and members of
the Board of the National Bank with the consent of the Council of the Republic
;
10) appoint
six judges of the Constitutional Court and other judges of the Republic of
Belarus;
11) dismiss
the Chairperson and judges of the Constitutional, Supreme and Supreme Economic
Courts, the Chairperson of the Central Commission of the Republic of Belarus on
Elections and Holding Republican Referenda, the Prosecutor General, the
Chairperson and members of the Board of the National Bank on the grounds
provided by the law and with notification of the Council of the Republic;
12) appoint
and dismiss the Chairperson of the Committee of State Control;
13) address
the people of the Republic of Belarus with messages on the state of the nation
and on the guidelines of the domestic and foreign policy;
14) address
the Parliament with annual messages which are presented without discussion at
the sittings of the House of Representatives and the Council of the Republic;
have the right to participate in sessions of the Parliament and its bodies;
deliver speeches and addresses to the Parliament and its bodies at any
requested time;
15) have the
right to chair meetings of the Government of the Republic of Belarus;
16) appoint
heads of the republican 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 legislation, unless
otherwise provided by the Constitution;
17) resolve
issues on granting citizenship of the Republic of Belarus, the termination
thereof and granting asylum;
18) institute
state holidays and red-letter days, honour with state awards, confer ranks and
titles;
19) grant
pardons to convicted persons;
20) conduct
negotiations and sign treaties, appoint and recall diplomatic representatives
of the Republic of Belarus to/from foreign states and international
organisations;
21) receive
letters of credence and of recall from diplomatic representatives of foreign
states accredited to him;
22) in the
event of a natural disaster, a catastrophe, or unrest involving violence or
threat of violence on the part of a group of persons or organisations that
endangers people’s life and health or jeopardises 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 within three days submit
the decision to the Council of the Republic for approval;
23) in
instances specified by law, be entitled to defer a strike or suspend it for a
period not exceeding three months;
24) sign
laws; have the right, under the procedure established by the Constitution, to
return a law or some of its provisions with his objections to the House of
Representatives;
25) have the
right to abolish acts of the Government;
26) exercise
control directly or through specially formed bodies over the observance of laws
by local bodies of government and self-government; have the right to suspend
decisions of local councils of deputies or abolish decisions of local executive
and administrative bodies if they do not conform to the requirements of the
legislation;
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 high command of the Armed Forces;
29) impose,
in the event of a military threat or attack, martial law in the territory of
the Republic of Belarus and declare general or partial mobilisation with
submission within three days of the taken decision for approval of the Council
of the Republic;
30) exercise
other powers entrusted to him by the Constitution and laws.
Article 85. The President shall, on the basis of and in
accordance with the Constitution, issue edicts and executive orders which are
binding in the territory of the Republic of Belarus.
In instances
provided by the Constitution the President shall issue decrees having the force
of laws. The President shall directly or through specially formed bodies ensure
execution of decrees, edicts and executive orders.
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 in political parties and other public associations
that pursue political goals for the whole term of 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
dismissed from office prematurely in the event of his permanent inability to
discharge his duties on health grounds. The decision on premature dismissal of
the President shall be taken by a majority of no less than two thirds of votes
of the full composition of the House of Representatives and a majority of no
less than two thirds of votes of the full composition of the Council of the
Republic on the basis of the conclusion of an ad hoc Commission formed by the
Houses of Parliament.
The President
may be removed from office due to the acts of state treason and any other grave
crime. The decision on bringing charges and their investigation is deemed to be
taken if it has been voted for by a majority of the full composition of the
House of Representatives on proposal of no less than one third of its deputies.
The investigation of the charge shall be organised by the Council of the
Republic. The President shall be deemed removed from office if the decision is
voted for by no less than two thirds of the full composition of the Council of
the Republic, and also no less than two thirds of the full composition of the
House of Representatives.
The failure
of the Council of the Republic and the House of Representatives to take
decision to remove the President from office within one month from the day of
bringing the charge shall mean that the charge is rejected. The proposal to
remove the President from office may not be initiated during the period of
consideration, in accordance with the Constitution, of the issue of premature
termination of powers of the Parliament .
If the
President is removed due to commission of a crime, the case shall be examined
on the merits of the charge by the Supreme Court.
Article 89. If the office of the President falls vacant or the
President is unable to discharge his duties on the grounds provided by the
Constitution, his powers 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 of the
Republic of Belarus is a representative and legislative body of the Republic of
Belarus.
The
Parliament shall consist of two Houses - the House of Representatives and the
Council of the Republic.
Article 91. The House of Representatives shall be composed 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 suffrage and by secret ballot.
The Council
of the Republic shall be a house of territorial representation. The Council of
the Republic shall be composed of eight deputies from every region (oblast) and
the city of Minsk, elected by secret ballot at the sittings of deputies of
local councils of deputies of base level of every region (oblast) and the city
of Minsk. 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 Houses of the Parliament shall be called no later than
four months and held no later than 30 days prior to the expiration of the
powers of the current Houses.
Extraordinary
elections for the Houses of the Parliament shall be held within three months
from the day of the premature termination of the powers of the Houses of
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
residing in the territory of the corresponding region (oblast), or the city of Minsk for no less than five years
may become a member of the Council of the Republic.
Deputies of
the House of Representatives shall exercise their powers in the Parliament on a
professional basis unless otherwise provided by the Constitution. A deputy of
the House of Representatives may simultaneously be a member of the Government.
No person may
simultaneously be a member of both Houses 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 simultaneously be a member of the
Government. No person may exercise duties of a deputy of the House of
Representatives, or a member of the Council of the Republic and simultaneously
hold the office of the President or a judge.
Article 93. The term of powers of the Parliament shall be four
years. The powers of the Parliament may be prolonged by law only in the event
of war.
The first
session of the Parliament after the elections shall be called by the Central
Commission on Elections and Holding Republican Referenda and shall be convened
no later than 30 days after the elections. The countdown of the thirty-day
period for convening and beginning of the first session of the House of
Representatives shall start from the day of the second round of elections for
its new composition. If the second round of elections to 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 the general elections in the Republic
of Belarus. The countdown of the thirty-day period for convening and beginning the
first session of the Council of the Republic shall start from the day of the
first sitting 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 in the instances and under the procedure provided by the
Constitution. Upon the termination of the powers of the House of Representatives
or the Council of the Republic, the President may take decision to terminate
the powers of the Council of the Republic or the House of Representatives
respectively.
Article 94. The powers of the House of Representatives may be
terminated prematurely where the Government is refused a vote of confidence or
a no-confidence vote is expressed to the Government, or if the House fails
twice to give its consent to 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 Houses of the
Parliament.
The decisions
on these issues shall be taken by the President, after official consultations
with the Chairpersons of the Houses, no later than within a two-month period.
The Houses
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, during the period when the
Houses decide on the premature dismissal or removal of the President from
office.
The Houses
may not be dissolved within the first year from the day of their first
sittings.
Article 95. The Houses shall hold their regular sessions twice
a year.
The first
session shall open on October 2; its duration may not exceed eighty days.
The second
session shall open on April 2; its duration may not exceed ninety days.
If October 2
or April 2 is a non-working day, then the session shall begin its proceedings
on the first working day thereafter.
The House of
Representatives and the Council of the Republic may in instances of urgent
necessity be convened for an extraordinary session on the initiative of the
President, and also at the request of the majority of no less than two thirds
of votes of the full composition of each House for a special agenda.
Extraordinary
sessions shall be convened by edicts of the President.
Article 96. The House of Representatives shall elect the
Chairperson of the House of Representatives and his Deputy from among its
composition.
The Council
of the Republic shall elect the Chairperson of the Council of the Republic and
his Deputy from among its composition.
The
Chairpersons of the House of Representatives and the Council of the Republic,
their Deputies shall conduct sittings and shall be in charge of internal
operation of the Houses.
The House of
Representatives and the Council of the Republic, from among their composition,
shall elect standing committees and other bodies to draft laws, preliminarily
consider and prepare issues that fall within the jurisdiction of the Houses.
Article 97. The House of Representatives shall:
1) consider,
on the proposal of the President or on the initiative of no less than 150
thousand citizens of the Republic of Belarus eligible to vote, draft laws on
introducing changes and additions into the Constitution and on the
interpretation of the Constitution;
2) consider
draft laws, including the guidelines of domestic and foreign policy of the
Republic of Belarus; military doctrine; ratification and denunciation of
treaties; fundamental concepts and principles of exercise of the rights,
freedoms and duties of citizens; citizenship issues, the status of foreigners
and stateless persons; rights of ethnic minorities; approval of the republican
budget and the report on its implementation; introduction of republican taxes
and dues; principles of ownership; basics of social security; principles
regulating labour and employment; marriage, family, childhood, maternity,
paternity, upbringing, education, culture and healthcare; environmental
protection and rational utilisation of natural resources; determination of the
procedure for resolving issues relating to the administrative and territorial
structure of the State; local self-government; judicial system, judicial
proceedings and status of judges; issues of criminal liability; amnesty;
declaration of war and conclusion of peace; martial law and state of emergency;
institution of state awards; interpretation of laws;
3) call
elections of the President;
4) give
consent to the President to the appointment of Prime Minister;
5) consider
the report of the Prime Minister on the governmental policy programme and
approve or reject it; a repeated rejection of the programme by the House shall
be deemed as an expression of a no-confidence vote to the Government;
6) consider,
on the initiative of the Prime Minister, the issue of a vote of confidence to
the Government;
7) on the
initiative of no less than one third of the full composition of the House of
Representatives, express a no-confidence vote to the Government; the issue of
liability of the Government may not be discussed within a year after the
approval of its policy programme;
8) accept the
resignation of the President;
9) bring, by
a majority of votes of the full composition of the House of Representatives,
charges of state treason or of any other grave crime against the President; on
the basis of the corresponding decision of the Council of the Republic and
take, by a majority of no less than two thirds of votes of the full
composition, decision to remove the President from office;
10) cancel
executive orders of the Chairperson of the House of Representatives.
The House of
Representatives may take decisions on other issues if it is provided by the
Constitution.
Article 98. The Council of the Republic shall:
1) approve or
reject draft laws adopted by the House of Representatives on the introduction
of changes and additions into the Constitution; on the interpretation of the
Constitution; other draft laws;
2) give
consent to the appointment by the President of the Chairperson of the
Constitutional Court, Chairperson and judges of the Supreme Court, Chairperson
and judges of the Supreme Economic Court, Chairperson of the Central Commission
on Elections and Holding Republican Referenda, the Prosecutor General, the
Chairperson and members of the Board of the National Bank;
3) elect six
judges of the Constitutional Court;
4) elect six
members of the Central Commission on Elections and Holding Republican
Referenda;
5) cancel
decisions of local councils of deputies which do not conform to legislation;
6) take
decision on dissolution of a local council of deputies if it systematically and
flagrantly violates the requirements of the legislation and in other instances
provided by law;
7) consider
charges of state treason or any other grave crime brought by the House of
Representatives against the President, take decision on their investigation.
Upon availability of grounds take decision to remove the President from office
by a majority of votes of no less than two thirds of the full composition;
8) consider
edicts of the President on introduction of a state of emergency, martial law,
general or partial mobilisation and take the appropriate decision no later than
three days after their submission.
The Council
of the Republic may take decisions on other issues if it is provided by the
Constitution.
Article 99. The right of legislative initiative shall belong to
the President, deputies of the House of Representatives, the Council of the
Republic, the Government as well as to citizens eligible to vote, in a number
of no less than 50 thousand, and is exercised in the House of Representatives.
Draft laws
the adoption of which may entail reducing state funds, creating or increasing
expenditures may be introduced into the House of Representatives only with the
consent of the President or on his instructions – with the consent of the
Government.
The President
or on his instructions the Government shall have the right to introduce
proposals on the urgency of consideration of a draft law to the House of
Representatives and the Council of the Republic. In this instance the House of
Representatives and the Council of the Republic shall consider the draft law
within ten days from the day of its submission for their consideration.
At the
request of the President or of the Government with his consent, the House of
Representatives and the Council of the Republic shall, at their sittings, take
decisions voting generally for the whole draft law or a part of it, introduced
by the President or Government, maintaining only those amendments which were
proposed or accepted by the President or the Government.
Article 100. Any draft law, unless otherwise provided by the
Constitution, shall be initially considered in the House of Representatives and
then in the Council of the Republic.
A draft law,
except for the instances specified by the Constitution, shall become law after
its adoption by the House of Representatives and approval by the Council of the
Republic by a majority of votes of the full composition of each House.
Draft laws
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 provided by the Constitution.
A law shall
be deemed to be 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 from the day of its submission, the Council of the Republic failed to
consider it. If a draft law is rejected by the Council of the Republic, both
Houses may form a conciliatory commission on a parity basis to overcome the
existing disagreement. The text of the draft law agreed by the conciliatory
commission shall be submitted for approval to both Houses.
If the
conciliatory commission fails to pass a compromise draft law, the President or
the Government on his instructions may request that the House of
Representatives take a final decision. The law shall be deemed to be adopted by
the House of Representatives if no less than two thirds of the full composition
of the House of Representatives voted for it.
A law 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 signing within ten
days. If the President agrees with the text of the law, he shall sign it. If
the President does not return the law within two weeks from its submission, it
shall be deemed to be signed. The law shall not be deemed to be signed and
shall not enter into force if it cannot be returned to the Parliament due to
the end of the session.
If the
President does not agree with the text of the law, he shall return it with his
objections to the House of Representatives, which shall consider the law with
the President's objections within thirty days. If the law has been adopted by
the House of Representatives by a majority of no less than two thirds of the
full composition, it with the President's objections shall be submitted within
five days to the Council of the Republic, which shall consider it for the
second time within twenty days. The law shall be deemed to be adopted if it is
approved by a majority of no less than two thirds of the full composition of
the Council of the Republic. After the House of Representatives and the Council
of the Republic have overrun the President's objections, the law shall be
signed by the President within five days. The law shall enter into force even
if it is not signed by the President within this term.
The
President's objections to certain provisions of the law, which are returned for
the second vote, shall be considered in the same order. In this instance, prior
to the appropriate decision of the House of Representatives and the Council of
the Republic the law shall be signed by the President and enter into force
except for the provisions which have been objected by the President.
Article 101. On the proposal of the President, the House of
Representatives and the Council of the Republic may, by a law adopted by a
majority of votes of the full composition of both Houses, delegate to him
legislative powers to issue decrees having the force of law. This law shall
determine the subject of regulation and the term of powers of the President to
issue such decrees.
There shall
be no delegation of powers to the President to issue decrees providing for
changes and additions to the Constitution and its interpretation; changes and
additions to programme laws; approval of the republican budget and the report
on its implementation; changing the procedure of elections of the President and
the Parliament; restrictions of constitutional rights and freedoms of the citizens.
The law on delegating legislative powers to the President may not permit him to
change the said law, nor shall it empower him to adopt retroactive norms.
Due to
special necessity the President, on his own initiative or on the proposal of
the Government, may issue temporary decrees having the force of law. If such
decrees are issued on the proposal of the Government, they shall be signed by
the Prime Minister. Temporary decrees shall be submitted, within three days,
for subsequent consideration by the House of Representatives, and then by the
Council of the Republic. These decrees shall retain force unless they are
abolished by a majority of no less than two thirds of votes of the full
composition of each House. The Houses may regulate relations which have arisen
on the basis of the abolished decrees by a law.
Article 102. The deputies of the House of Representatives and
members of the Council of the Republic shall enjoy immunity in expressing their
opinions and exercising their powers. This shall not apply to charges of
defamation and insult.
During their
term of office deputies of the House of Representatives and members of the
Council of the Republic may be arrested or otherwise deprived of personal
liberty only with the prior consent of the appropriate House with the exception
of instances of state treason, or any other grave crime as well as when
detained at the scene of crime.
A criminal
case against 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 Houses shall be open. The Houses
may, if it is required by state interests, take decision to hold a closed
sitting by a majority of votes of their full composition. At the sittings,
including the closed ones, the President, his representatives, the Prime
Minister and members of the Government may take the floor out of turn as many
times as they request.
One sitting a
month shall be reserved for questions of deputies of the Houses of
Representatives and members of the Council of the Republic and answers of the
Government.
A deputy of
the House of Representatives or member of the Council of the Republic shall be
entitled 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 the Parliament.
The inquiry shall be included in the agenda of the House. The answer to the
inquiry shall be given within twenty session days under the procedure
established by the House of the Parliament.
The sitting
of the House shall be deemed qualified provided that no less than two thirds of
the deputies of the House of Representatives or members of the Council of the
Republic of the full composition of each House are present.
Voting in the
House of Representatives and the Council of the Republic shall be open and
exercised by a deputy of the House or a member of the Council of the Republic
in person by a 'yes' vote or a 'nay' vote. A secret ballot shall be held only
when addressing personnel issues.
Article 104. Decisions of the House of Representatives shall be
taken in the form of laws or resolutions. Resolutions of the House of
Representatives shall be taken on issues of administration and supervision.
Decisions of
the Council of the Republic shall be taken in the form of resolutions.
Decisions of
the Houses shall be deemed adopted if a majority of the full composition of the
Houses voted for them unless otherwise provided by the Constitution.
Laws
regarding basic guidelines of domestic and foreign policy of the Republic of
Belarus and the military doctrine of the Republic of Belarus shall be
considered programme laws and shall be deemed to be adopted if no less than two
thirds of the full composition of the Houses voted for them.
Laws shall be
published immediately after their signing and shall enter into force ten days
after their publication unless the law determines another term. Decrees of the
President shall be published and enter into force under the same procedure.
A law shall
have no retroactive effect unless it extenuates or revokes liability of
citizens.
Article 105. The procedure governing the activities of the House
of Representatives, the Council of the Republic, the bodies thereof, deputies
of the House of Representatives and members of the Council of the Republic
shall be determined by the Rules of Procedure of the Houses, which shall be
signed by the Chairpersons of the Houses.
CHAPTER 5
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 shall be accountable in its activity 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 republican 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 on this issue shall
be taken by the House of Representatives within two weeks from the day of
submitting a proposal on the candidacy of Prime Minister. If the House of Representatives
rejects the submitted candidacy of Prime Minister twice, the President shall be
entitled to appoint the acting Prime Minister, dissolve the House of
Representatives and call new elections.
The Prime
Minister shall direct the operation of the Government.
The Prime
Minister shall:
1) carry out
immediate direction of the activities of the Government and hold personal
responsibility for its operation;
2) sign
resolutions of the Government;
3) submit a
report on the programme of the Government policy to the Parliament within two
months after his appointment, and in the instance of its rejection submit a new
programme of the Government policy within two months;
4) inform the
President on the basic guidelines of the activities of the Government and on all
most important decisions;
5) exercise
other functions connected with the organisation and activities of the
Government.
The
Government or any member of the Government shall be entitled to tender their
resignation to the President, if they deem it impossible to discharge the
duties entrusted to them. The Government shall tender its resignation to the
President if the House of Representatives has expressed a vote of no-confidence
to the Government.
The Prime
Minister may request from the House of Representatives a vote of confidence to
the Government with regard to the submitted programme or any other issue. If a
no-confidence vote is passed by the House of Representatives, the President
shall be entitled, within ten days, to accept resignation of the Government or
dissolve the House of Representatives and call new elections. If the
resignation is rejected, the Government shall continue to exercise its powers.
The President
shall be entitled, on his own initiative, to take decision on the resignation
of the Government and to dismiss any member of the Government from office.
In the
instance of resignation or termination of the powers, the Government of the
Republic of Belarus, on the instruction of the President, shall continue to
hold office until a new Government is formed.
Article 107. The Government of the Republic of Belarus shall:
direct the
system of subordinate bodies of state administration and other executive
bodies;
elaborate the
basic guidelines of domestic and foreign policy and take measures for their
implementation;
elaborate and
submit to the President for further parliamentary consideration a draft
republican budget and a report on its implementation;
ensure
implementation 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 freedoms of citizens, protect the interests of the
state, national security and defence, protect property, maintain public order
and combat crime;
act on behalf
of the property owner with regard to assets which are the sole property of the
Republic of Belarus, and organise management of state property;
ensure
execution of the Constitution, laws, decrees, edicts and executive orders of
the President;
abolish acts
of ministries and other republican bodies of state administration;
exercise
other powers entrusted to it by the Constitution, laws and acts of the
President.
Article 108. The Government of the Republic of Belarus shall
issue resolutions that have binding force in the entire territory of the
Republic of Belarus.
The Prime
Minister shall issue executive orders within his competence.
The
competence of the Government and the procedure of its organisation and
activities shall be determined on the basis of the Constitution by the Law on
the Council of Ministers of the Republic of Belarus.
CHAPTER 6
COURT
Article 109. Judicial power in the Republic of Belarus shall
reside in the courts.
The judicial
system shall be based upon the principles of territorial delineation and
specialisation.
The judicial
system in the Republic of Belarus shall be determined by the law.
The formation
of extraordinary courts shall be prohibited.
Article 110. In administering justice judges shall be
independent and obey only the law.
Any
interference in activities of a judge in the administration of justice shall be
inadmissible and entail liability according to law.
Article 111. Judges may not carry out entrepreneurial activities
or perform other paid work, apart from teaching and scientific research.
Grounds for
election (appointment) of judges and their dismissal shall be provided by law.
Article 112. The courts shall administer justice on the basis of
the Constitution and other normative acts adopted in accordance therewith.
If, during
the hearing of a specific case, a court concludes that a normative act does not
conform to the Constitution, it shall take decision in accordance with the
Constitution and raise, under the established procedure, the issue of whether
the normative act should be deemed unconstitutional.
Article 113. Cases before a court shall be tried collegially,
and in the instances specified by law, by judges individually.
Article 114. The trial of cases in all courts shall be open.
The hearing
of cases in a closed court session shall be permitted only in the instances
specified by law and in compliance with all rules of legal procedure.
Article 115. Justice shall be administered on the basis of the
adversarial proceedings and equality of the parties to the trial.
The court
rulings are binding upon all citizens and officials.
The parties
and the persons participating in the proceedings shall have the right to appeal
decisions, sentences and other court rulings.
Article 116. Review of the constitutionality of normative acts
in 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 office of the members of the
Constitutional Court shall be 11 years. The retirement age of the members of
the Constitutional Court shall be 70 years.
The
Constitutional Court shall, on the proposals 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 Council of Ministers of the Republic of Belarus
deliver judgements on:
conformity of
laws, decrees and edicts of the President, obligations under treaties and other
international commitments of the Republic of Belarus to the Constitution and
international legal acts ratified by the Republic of Belarus;
conformity of
acts of interstate formations to which the Republic of Belarus is a party, of
edicts of the President of the Republic of Belarus issued to the execution of
the law with the Constitution, international legal acts ratified by the
Republic of Belarus, laws and decrees;
conformity of
resolutions of the Council of Ministers and acts of the Supreme Court, the
Supreme Economic Court, the Prosecutor General to the Constitution,
international legal acts ratified by the Republic of Belarus, laws, decrees and
edicts;
conformity of
acts of any other state body to the Constitution, international legal acts
ratified by the Republic of Belarus, laws, decrees and edicts.
The normative
acts or their particular provisions which have been found unconstitutional
shall cease to be in force under the procedure determined by law.
In instances
specified by the Constitution, the Constitutional Court, on the proposal of the
President, shall give its conclusion on existence of facts of systematic or
gross violations of the Constitution of the Republic of Belarus by the Houses
of the Parliament.
The
competence, organisation and operating procedure of the Constitutional Court
shall be determined by 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 corresponding administrative and 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 under the procedure determined by him, and their appointment shall
be subject to approval of the local councils of deputies.
Article 120. Local councils of deputies and executive and
administrative bodies shall, within their competence, resolve issues of local
significance, proceeding from national interests and interests of the people
who reside in the corresponding territory, and implement decisions of higher
state bodies.
Article 121. The following shall fall within the exclusive
competence of the local councils of deputies:
approval of
programmes of economic and social development, and local budgets and reports on
their implementation;
setting of
local taxes and dues in accordance with law;
determination,
within the limits specified by law, of the procedure regulating management and
disposal of municipal property;
calling of
local referenda.
Article 122. Local councils of deputies, executive and administrative
bodies shall, on the basis of the existing laws, adopt decisions that have
binding force in the corresponding territory.
Decisions of
local councils of deputies that are contrary to the legislation shall be
reversed by higher representative bodies.
Decisions of
local executive and administrative bodies that are contrary to the legislation
shall be reversed by the corresponding councils of deputies, superior executive
and administrative bodies and the President of the Republic of Belarus.
Decisions of
local councils of deputies, executive and administrative bodies that restrict
or violate civil rights, freedoms, and legitimate interests of citizens as well
as in other instances specified by law, may be appealed in court.
Article 123. If a local council of deputies systematically or
flagrantly violates the requirements of the legislation, it may be dissolved by
the Council of the Republic. Other grounds for premature termination of powers
of local councils of deputies shall be determined by law.
Article 124. The competence and the procedure of the formation
and operation of bodies of local government and self-government shall be
determined by the legislation.
SECTION VI
PROSECUTOR’S
OFFICE. COMMITTEE OF STATE CONTROL
CHAPTER 7
PROSECUTOR’S
OFFICE
Article 125. Supervision of strict and uniform implementation of
laws, decrees, edicts and other normative acts by ministries and other bodies
subordinate to the Council of Ministers as well as by local representative and
executive bodies, enterprises, organisations and institutions, public
associations, officials and citizens shall be entrusted to the Prosecutor
General of the Republic of Belarus and subordinate prosecutors.
The
prosecutor's office shall exercise supervision of implementation of laws at
investigation of crimes, of the conformity to the law of court decisions in
civil, criminal cases and administrative offences, in instances provided by
law, shall carry out preliminary investigation, and present state charges in
the courts.
Article 126. The Prosecutor General appointed by the President
with the consent of the Council of the Republic shall head the unified and
centralised system of bodies of the prosecutor's office.
The
subordinate prosecutors shall be appointed by the Prosecutor General.
Article 127. The Prosecutor General and subordinate prosecutors
shall be independent in the exercise of their powers and guided by the
legislation. The Prosecutor General shall be accountable to the President.
Article 128. The competence, organisation and operating
procedure of bodies of the prosecutor's office shall be determined by the
legislation.
CHAPTER 8
COMMITTEE OF
STATE CONTROL
Article 129. The Committee of State Control shall exercise state
control over implementation of the republican budget, use of state property and
implementation of the acts of the President, the Parliament, the Government and
other state bodies, regulating state property relations and economic, financial
and tax relations.
Article 130. The Committee of State Control shall be formed by
the President.
The
Chairperson of the Committee of State Control shall be appointed by the
President.
Article 131. The competence, organisation and operating
procedure of the Committee of State Control shall be determined by the
legislation.
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-budgetary funds, enterprises, institutions,
organisations and citizens.
A uniform
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 republican budget and local budgets.
Budget
revenues shall be formed from taxes determined by law, other obligatory
payments as well as other receipts.
National expenditure
shall be covered by the republican budget on its expenditure side.
In accordance
with the law non-budgetary funds may be established 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 law.
Article 135. The report
on implementation of the republican budget shall be submitted to the Parliament
for consideration no later than five months from the end of the reporting
financial year.
Reports on implementation
of local budgets shall be submitted to the corresponding councils of deputies
for consideration within the term determined by the legislation.
Reports on
implementation of the republican and local budgets 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, monetary circulation, determine
the procedure for making settlements and have an exclusive right to issue
money.
SECTION VIII
EFFECT OF THE
CONSTITUTION OF THE REPUBLIC OF BELARUS AND PROCEDURE OF ITS CHANGING
Article 137. The Constitution shall have the highest legal
force. Laws, decrees, edicts and other acts of state bodies shall be issued on
the basis of and in accordance with the Constitution of the Republic of
Belarus.
If there is
inconsistency between a law, decree or edict and the Constitution, the
Constitution shall be applied.
If there is
inconsistency between a decree or an edict and a law, the law shall have the
supremacy only when the powers for the issue of the decree or edict were
provided by law.
Article 138. The issue of changing and adding the Constitution
shall be considered by the Houses of the Parliament on the initiative of the
President or of no less than 150 thousand citizens of the Republic of Belarus
eligible to vote.
Article 139. A law on changing and adding the Constitution may
be adopted after it has been discussed and approved twice by the Parliament
with at least a three-month interval.
The
Constitution shall not be changed or added by the Parliament during a state of
emergency or within the last six months of the term of powers of the House of
Representatives.
Article 140. The Constitution, laws on changes and additions
thereto, on the entry into force of the said laws, acts on interpretation of
the Constitution shall be deemed to be adopted if no less than two thirds of
the full composition of each House of the Parliament voted for them.
The
Constitution may be changed or added through a referendum. A decision on
changing or adding the Constitution by means of a referendum shall be deemed to
be adopted if the majority of citizens on the electoral roll voted for it.
Sections I,
II, IV, VIII of the Constitution may be changed only by means of a referendum.
SECTION IX
FINAL AND
TRANSITIONAL PROVISIONS
Article 141. The Constitution of the Republic of Belarus of 1994
with changes and additions, adopted at the republican referendum (the present
Constitution) shall enter into force from the day of its publication, except
for the specific provisions thereof that enter into force within the terms
specified by the present Constitution. Simultaneously the Law of the Republic
of Belarus "On Procedure of Entry into Force of the Constitution of the
Republic of Belarus" shall cease to be in force.
Article 142. Laws, edicts and other acts which were effective in
the territory of the Republic of Belarus prior to the entry into force of the
present Constitution shall be applied in the part not contradicting the
Constitution of the Republic of Belarus.
Article 143. Within a month from the day
on which the present Constitution enters into force 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 had
been elected by the appointed date of the republican 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 commence from the day on which the present Constitution
enters into force.
The Council of the Republic shall be formed under the procedure
specified in Article 91 of the present Constitution.
If within the specified term the House of Representatives is not formed
due to disagreements between the President and the Supreme Council, the
President shall in accordance with clauses 2 and 3 of Article 84 of the present
Constitution dissolve the Supreme Council and call new elections to the
Parliament.
Article 144. The President of the Republic of Belarus shall
retain his powers. The term of his office shall commence from the day on which
the present Constitution enters into force.
Article 145. The Government of the Republic of Belarus shall
have its rights and duties from the day on which the present Constitution
enters into force.
Article 146. The President, the Parliament and the Government
shall, within two months from the day on which the present Constitution enters
into force, establish and form the bodies specified thereby under the procedure
established by the present Constitution, unless otherwise provided by part 3 of
Article 143 of the Constitution.
|
President
of the Republic of Belarus
|
A. Lukashenko
|
*unofficial translation*