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![]() We, the People of the Republic
of Belarus, emanating from the responsibility for the present and
future
of Belarus; recognizing ourselves as a subject, with full rights, of
the
world community and confirming 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 statehood;
striving
to assert the rights and freedoms of every citizen of the Republic of
Belarus;
desiring to maintain civic harmony, stable foundations of democracy,
and
a state based on the rule of law; hereby adopt this Constitution as the
Basic Law of the Republic of Belarus.
(1) The Republic of Belarus shall be a unitary, democratic, social state based on the rule of law. The Republic of Belarus shall have supreme control and absolute authority in its territory and shall implement domestic and foreign policy independently. (2) The Republic of Belarus
shall defend its independence and territorial integrity, its
constitutional
system, and safeguard legality and law and order.
(1) The individual shall be of supreme importance to society and the State. (2) 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.
(1) The people shall be the sole source of state power in the Republic of Belarus. The people shall exercise their power directly and through representative bodies in the forms and within the limits specified in the Constitution. (2) Any actions aimed at
seizing state power by forcible means or by way of any other violation
of the laws shall be punishable by law.
(1) Democracy in the Republic
of Belarus shall be exercised on the basis of a variety of political
institutions,
ideologies, and views.
(2) The ideology of
political
parties, religious or other public associations, and social groups may
not be made compulsory for citizens.
(2) Political parties and other public associations shall have the right to use state mass media under the procedure determined by the law. (3) The creation and activities
of political parties and other public associations that aim at changing
the constitutional system by force, or conduct a propaganda of war,
ethnic,
religious, or racial hatred, shall be prohibited.
The State shall rely on the
principle of dividing power into legislative, executive, and judicial
power.
State bodies, within the limits of their powers, shall be independent.
They shall cooperate among themselves and check and counterbalance one
another.
(1) The State and all the bodies and officials thereof shall be bound by the law and operate within the limits of the Constitution and the laws adopted in accordance with it. (2) Legal enactments or specific provisions thereof which are deemed under the procedure specified in law to be contrary to the provisions of the Constitution shall have no legal force. (3) Enforceable enactments
of state bodies shall be promulgated or published by some means
specified
in law.
(2) The conclusion of international
agreements that are contrary to the Constitution shall not be permitted.
(1) 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. (2) The territory of Belarus shall be unified and inalienable. (3) The territory shall be
divided into regions, districts, cities, and administrative territorial
units. The administrative territorial division of the state is
determined
by the law.
(1) A citizen of the Republic of Belarus shall be guaranteed the 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. (2) A citizen of the Republic of Belarus may not be extradited to a foreign state, unless otherwise stipulated in international agreements to which the Republic of Belarus is party. (3) Citizenship shall be
acquired or lost in accordance with the law.
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.
(1) 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. (2) The State shall regulate economic activities on behalf of the individual and society. (3) The law may specify facilities
that may be the property of the State alone and grant the State an
exclusive
right to conduct certain types of activity.
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 State shall bear responsibility
for preserving the historic and cultural heritage, and the free
development
of the cultures of all the ethnic communities that live in the Republic
of Belarus.
(1) All religions and faiths shall be equal before the law. The establishment of any privileges or restrictions with regard to a particular religion or faith in relation to others shall not be permitted. (2) The activities of denominational organizations, their bodies and representatives, that are directed against the sovereignty of the Republic of Belarus, its constitutional system and civic harmony, or involve a violation of civil rights and liberties, shall be prohibited. (3) Relations between the
State and religious denominations shall be governed by the law.
(1) The official language of the Republic of Belarus shall be Belarusian. (2) The Republic of Belarus
shall safeguard the right to use the Russian language freely as a
language
of inter-ethnic communication.
(1) In its foreign policy the Republic of Belarus shall proceed from the principles of the equality of states, the non-use or threatening of use of force, the inviolability of frontiers, the peaceful settlement of disputes, non-interference in internal affairs, and other universally acknowledged principles and standards of international law. (2) The Republic of Belarus
shall endeavor to make its territory a nuclear-free zone and the State
neutral.
The symbols of the Republic
of Belarus as a sovereign state shall be its national flag, national
emblem,
and national anthem.
(1) The capital of the Republic of Belarus is the city of Minsk. (2) The status of the city
of Minsk shall determined by the law.
Safeguarding the rights and
liberties of citizens of the Republic of Belarus shall be supreme goal
of the State. The State shall guarantee the rights and liberties of the
citizens of Belarus that are enshrined in the Constitution and the
laws,
and specified in the State's international obligations.
All shall be equal before
the law and entitled, without discrimination, to equal protection of
their
rights and legitimate interests.
(1) 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. (2) No one may enjoy advantages
and privileges that are contrary to the law.
(1) Everyone shall have the right to life. (2) The State shall protect the life of the individual against any unlawful threat. (3) Until its abolition,
the death penalty may be applied in accordance with the law as an
exceptional
penalty for particularly serious crimes and only in accordance with the
verdict of a court of law.
(1) 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. (2) A person who has been taken into custody shall be entitled to a judicial investigation into the legality of his detention or arrest. (3) No one shall be subjected
to torture or cruel, inhuman, or undignified treatment or punishment,
or
be subjected to medical or other experiments without his consent.
No one may be found guilty
of a crime unless his guilt is proven under the procedure specified in
law and established by the verdict of a court of law that has acquired
legal force. A defendant shall not be required to prove his innocence.
No one shall be forced to
give evidence or provide explanations against himself, members of his
family
or close relations. Evidence obtained in violation of the law shall
have
no legal force.
Everyone shall be entitled
to protection against unlawful interference with his private life,
including
encroachments on the privacy of his correspondence and telephone and
other
communications, and on his honor and dignity.
The inviolability of the
home and other legitimate property of citizens shall be guaranteed. No
one shall have the right, without just cause, enter the dwelling and
other
lawful property of a citizen against his will.
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.
Everyone shall have the right
independently to determine his attitude towards religion, to profess
any
religion individually or jointly with others, or to profess none at
all,
to express and spread beliefs connected with his attitude towards
religion,
and to participate in the performance of acts of worship and religious
rituals and rites.
(1) Marriage, the family, motherhood, fatherhood, and childhood shall be under the protection of the State. (2) 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.
(1) Everyone is guaranteed freedom of thoughts and beliefs and their free expression. (2) No one shall be forced to express his beliefs or to deny them. (3) No monopolization of
the mass media by the State, public associations or individual citizens
and no censorship shall be permitted.
(1) 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, and international life, and on the state of the environment. (2) 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 freedom to hold assemblies,
rallies, 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 conducting
the above events shall be determined by the law.
(1) Everyone shall be entitled to freedom of association. (2) Judges, employees of
the Procurator's Office, the staff of bodies of internal affairs, the
Supervisory
Authority and security bodies, as well as servicemen may not be members
of political parties or other public associations that pursue political
goals.
Citizens of the Republic
of Belarus shall have the right to participate in the solution of state
matters, both directly and through freely elected representatives. The
direct participation of citizens in the administration of the affairs
of
society and the State shall be safeguarded by the holding of referenda,
the discussion of draft laws, and issues of national and local
significance,
and by other means specified in law.
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, and direct suffrage by secret
ballot.
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.
(1) Everyone shall have the right to address personal or collective appeals to state bodies. (3) State bodies, as well
as the officials thereof, shall consider to 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.
(1) 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 a profession, type of occupation, and work in accordance with one's vocation, capabilities, education, and vocational training, and having regard to social needs, and the right to healthy and safe working conditions. The State shall create the conditions necessary for full employment of the population. Where a person is unemployed for reasons which are beyond his control, he shall be guaranteed training in new specializations and an upgrading of his qualifications having regard to social needs, and to unemployment benefit in accordance with the law. (2) 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. (3) Forced labor shall be
prohibited, other than work or service specified in the verdict of a
court
of law or in accordance with the law on state of emergency or martial
law.
Employees shall be entitled
to remuneration for the work they have done in accordance with the
quantity,
quality, and social significance of such work, but it shall not be less
than the minimum specified by the State. Women and men and adults and
minors
shall be entitled to equal remuneration for work of equal value.
Working people shall be entitled
to holidays. For employees, this right shall be safeguarded by the
establishment
of a working week of no more than 40 hours, shorter working hours at
night,
and the provision of annual paid leave and weekly rest days.
(1) The State shall guarantee everyone the right of property. (2) 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. (3) The compulsory alienation of assets shall be permitted only by reason of public need, under the conditions and the procedure specified by law, with timely and full compensation for the value of the alienated assets, and in accordance with a verdict of a court of law. (4) The exercise of the right
of property shall not be harmful to the environment or historical and
cultural
treasures, or infringe upon the rights and legally protected interests
of others.
Citizens of the Republic
of Belarus shall be guaranteed the right to health care, including free
treatment at state health-care establishments. The right of citizens of
the Republic of Belarus to health care shall also be secured by the
development
of physical training and sport, means to improve the environment, the
opportunity
to use fitness establishments, and improvements in occupational safety.
Everyone shall be entitled
to a pleasant environment and to compensation for loss or damage caused
by the violation of this right.
Citizens of the Republic
of Belarus shall be guaranteed the right to social security in old age,
in the event of illness, disability, loss of fitness for work, and loss
of a bread-winner and in other instances specified in law. The State
shall
display particular concern for those who lost their health in the
defense
of national and public interests.
(1) Citizens of the Republic of Belarus shall be entitled to housing. This right shall be safeguarded by the development of state, public, and private housing and assistance for citizens in the acquisition of housing. (2) No one may be deprived
of housing arbitrarily.
(1) Everyone shall have the right to education. (2) Accessible and free general, secondary, and vocational-technical education shall be guaranteed. (3) Secondary specialized
and higher education shall be accessible to all in accordance with the
capabilities of each individual. Everyone may, on a competitive basis,
obtain the appropriate education at state educational establishments
free
of charge.
(1) Everyone shall have the right to preserve his ethnic affiliation, and equally, no one may be compelled to define or indicate his ethnic affiliation. (2) Insults to ethnic dignity shall be prosecuted by law. (3) Everyone shall have the
right to use his native language and to choose the language of
communication.
In accordance with the law, the State shall guarantee the freedom to
choose
the language of education and teaching.
(1) 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. (2) Freedom of artistic, scientific, and technical creativity and teaching shall be guaranteed. (3) Intellectual property
shall be protected by law.
Everyone in the territory
of the Republic of Belarus shall abide by its Constitution and laws and
respect national traditions.
Everyone shall respect the
dignity, rights, liberties, and legitimate interests of others.
Everyone shall preserve the
historical and cultural heritage and other cultural treasures.
It shall be the duty of everyone
to protect the environment.
Citizens of the Republic
of Belarus shall contribute towards the funding of public expenditure
through
the payment of state taxes, dues, and other payments.
(1) It shall be the responsibility
and sacred duty of every citizen of the Republic of Belarus to defend
the
Republic of Belarus.
No one shall be compelled
to discharge duties that are not specified in the Constitution and its
laws or renounce his rights.
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.
(1) State bodies as well as official and other persons that are entrusted with the discharge of state functions shall, within the limits of their competence, take measures necessary for the exercise and protection of personal rights and liberties. (2) These bodies and persons
shall be held liable for actions that violate personal rights and
liberties.
(1) Everyone shall be guaranteed protection of his rights and liberties by a competent, independent, and impartial court of law within time periods specified in law. (2) To defend their rights,
liberties, honor and dignity, citizens shall be entitled to recover,
through
the courts, both property damage and financial compensation for moral
injury.
(1) 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 by law, legal assistance shall be rendered from public funds. (2) Opposition to the rendering
of legal assistance shall be prohibited in the Republic of Belarus.
(1) 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. (2) In carrying out special
measures during a state of emergency, the rights specified in ARTICLEs
24, 25 (3), 26 and 31 of the Constitution may not be restricted.
(1) 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. (2) 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 qualifications of
deputies and other persons elected to state office shall be determined
by the relevant laws, unless otherwise specified in the Constitution.
(1) Elections shall be free. A voter shall decide personally whether to take part in elections and for whom to vote. (2) The preparation and conduct
of elections shall be open and in public.
(1) Elections shall be held according to the principle of equal suffrage. Voters shall have equal number of votes. (2) The number of the voters in each constituency shall be approximately equal. (3) Candidates standing for
public office shall take part in elections on an equal basis.
Elections shall be direct.
Deputies shall be elected by citizens directly.
Voting at elections shall
be secret. The monitoring of voters' preferences while voting is in
progress
shall be prohibited.
Public associations, individual
work forces, and citizens shall have the right to nominate candidates
for
deputy in accordance with the law.
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.
(1) Elections shall be conducted by electoral commissions. (2) The procedure governing the conduct of elections shall be determined by the laws. (3) No elections shall be
held during a state of emergency or martial law.
National and local referenda
may be held to resolve the most important issues of the State and
society.
(1) National referenda shall be called by the Supreme Council of the Republic of Belarus, on the recommendation of the President or no fewer than 450,000 citizens eligible to vote. (2) The Supreme Council shall set the date of a national referendum within thirty days of the submission, for consideration in accordance with the law, of a recommendation by the President or no fewer than 450,000 citizens eligible to vote. (3) The issue of holding
a national referendum may also be considered by the Supreme Council on
the initiative of no fewer than 70 deputies of the Supreme Council.
Local referenda shall be
called by the relevant local representative bodies on their initiative
or on the recommendation of no less than ten per cent of the citizens
who
are eligible to vote and resident in the area concerned.
(1) Referenda shall be conducted by means of universal, free, equal, and secret ballot. (2) Citizens of the Republic
of Belarus eligible to vote shall take part in referenda.
The decisions adopted by
referendum may be reversed or amended only by means of another
referendum,
unless otherwise specified by the referendum.
The procedure governing the
conduct of national and local referenda and a list of issues that may
not
be put to a referendum shall be determined by the law.
The Supreme Council of the
Republic of Belarus shall be the highest representative, standing, and
sole legislative body of state power.
(1) The Supreme Council shall consist of 260 deputies elected by the citizens of the Republic of Belarus. (2) Any citizen of the Republic
of Belarus who is eligible to vote and has reached the age of 21 may
become
a deputy of the Supreme Council.
(1) The term of the Supreme Council shall be five years. (2) The powers of the Supreme Council may be terminated prematurely in accordance with a resolution of the Supreme Council that is adopted by a majority of no less than two-thirds of the elected deputies. (3) Elections for a new Supreme
Council shall be called no later than three months prior to the expiry
of the powers of the current Supreme Council.
The first session of the
Supreme Council shall be convened by the Central Commission on
Elections
and National Referenda no later than 30 days after the elections.
(1) The Supreme Council shall:
2) adopt and amend the Constitution; 3) adopt laws and resolutions and monitor their implementation; 4) provide interpretation of the Constitution and laws; 5) call regular elections of deputies of the Supreme Council and local councils of deputies as well as presidential elections; 6) form the Central Commission on Elections and National Referenda; 7) elect the Constitutional Court, the Supreme Court, the Supreme Economic Court, the Procurator-General, and the chairman and the council of the Supervisory Authority as well as the chairman and members of the board of the National Bank; 8) determine the procedure for resolving issues relating to the administrative-territorial structure of the State; 9) determine the guidelines of the domestic and foreign policy; 10) approve the national budget, the national account, and the allowance quotas from national taxes and revenue to local budgets; 11) set national taxes and dues and monitor the issue of money; 12) ratify and denounce international treaties; 13) adopt decisions on amnesty; 14) determine military doctrine; 15) declare war and conclude peace; 16) institute state awards, ranks, and titles; 17) adopt
resolutions on
the dissolution of local councils of 18) repeal orders of the Chairman of the Supreme Council where they are contrary to the laws and resolutions of the Supreme Council. (2) The Supreme Council may
resolve other issues in accordance with the Constitution.
(1) Deputies shall vote in person at sessions of the Supreme Council. (2) Laws and resolutions of the Supreme Council shall be deemed to have been adopted provided that a majority of elected deputies has voted for them, unless otherwise specified in the Constitution. (3) Adopted laws shall be
sent to the President for signature within ten days of their adoption.
The Supreme Council shall
elect, from the ranks of the deputies of the Supreme Council, a
Chairman,
a First Vice-Chairman, and vice-chairmen.
The Chairman shall be elected
by secret ballot. He shall be accountable to the Supreme Council.
(1) The Chairman shall:
2) chair sittings of the Supreme Council; 3) represent the Supreme Council in relations with bodies and organizations within the country and abroad; 4) sign resolutions adopted by the Supreme Council; 5) put forward to the Supreme Council nominations for the posts of First Vice-Chairman and vice-chairmen, the Procurator-General and the Chairman of the Supervisory Authority; and 6) manage the work of the staff of the Supreme Council. (2) The Chairman of the Supreme
Council shall issue orders.
(3) The First Vice-Chairman
and the vice-chairmen shall, on the instructions of the Chairman,
discharge
certain of his duties and stand in for the Chairman where he is
unavailable
or unable to discharge his duties.
(1) The Supreme Council 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 Supreme Council, and monitor the implementation of laws. (2) Where necessary, the
Supreme Council may set up investigatory, audit, and other ad hoc
commissions.
(1) A Presidium shall be set up to organize the work of the Supreme Council. (2) The Presidium shall include the Chairman, the First Vice-Chairman, the vice-chairmen, and deputies in accordance with the Rules of Procedure by the Supreme Council. (3) The Chairman shall be
the head of the Presidium.
The right of legislative
initiative in the Supreme Council shall belong to deputies, standing
committees,
the President, the Supreme Court, the Supreme Economic Court, the
Procurator-General,
the Supervisory Authority, the National Bank, and citizens who are
eligible
to vote, in a number of no less than 50.000.
The powers of the Supreme
Council shall be retained until the opening of the first session of the
Supreme Council of a new convocation.
(1) A deputy of the Supreme Council shall exercise his powers in the Supreme Council on a professional basis or, if he so desires, without suspending his activity in industry or administration. (2) The President, members
of the Cabinet of Ministers, judges, and other persons appointed to
posts
by the President, or following consultation with the President, may not
become deputies of the Supreme Council.
(1) A deputy of the Supreme Council may not be held legally liable for his activity in the Supreme Council which is carried out in accordance with the Constitution both during the period he exercises his powers and after the termination of such powers. (2) A deputy of the Supreme Council may not be arraigned on criminal charges, arrested, or otherwise deprived of his personal liberty without consent of the Supreme Council, except where he is detained at the scene of a crime. (3) Criminal proceedings
against a deputy of the Supreme Council may be instituted by the
Procurator-General
with the consent of the Supreme Council, and in the period between
sessions,
with consent of the Presidium of the Supreme Council.
The procedure governing the
activities of the Supreme Council, the bodies thereof, and the deputies
shall be determined by the Rules of Procedure of the Supreme Council,
which
shall be adopted by the Supreme Council and signed by its Chairman, and
other legislative instruments.
The President of the Republic
of Belarus shall be the Head of State and the Executive.
Any citizen of the Republic
of Belarus 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 may be
elected
President
(1) The President shall be elected directly by the people of the Republic of Belarus. The President's term of office shall be five years. The same person may be President for no more than two terms. (2) Presidential candidates shall be nominated by no fewer than 70 deputies of the Supreme Council or by citizens of the Republic of Belarus where the signatures of no less than 100,000 voters have been collected. (3) Presidential elections
shall be called by the Supreme Council no later than five months and
held
no later than two months prior to the expiry of the term of office of
the
previous President. Where the office of the President becomes vacant,
elections
shall be held no sooner than 30 days, and no later than 70 days from
the
day on which the office fell vacant.
(1) 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. (2) 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. (3) 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.
(1) The President shall take office after taking the following Oath: (2) The oath shall be administered
in a ceremonial setting at a special session of the Supreme Council 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.
(1) The President shall:
2) manage the system of bodies of executive power and ensure their cooperation with the representative bodies; 3) set up and abolish ministries, state committees, and other central bodies of administration of the Republic of Belarus; 4) appoint and dismiss, with the consent of the Supreme Council, the Prime Minister, his deputies, ministers of foreign affairs, finance, defense, internal affairs, and chairman of the Committee for State Security; appoint and dismiss other members of the Cabinet of Ministers as well as accept the resignation of the persons referred to in this paragraph; 5) introduce to the Supreme Council candidates for election for the post of chairman of the Constitutional Court, chairman of the Supreme Court, chairman of the Supreme Economic Court, chairman of the board of the National Bank; 6) annually present to the Supreme Council reports on the state of the nation, on his own initiative or on the recommendation of the Supreme Council, inform the Supreme Council of the implementation of the domestic and foreign policy; 7) deliver addresses to the people of the Republic of Belarus and the Supreme Council; 8) report to the Supreme Council on the Program of Action of the Cabinet of Ministers; 9) have the right to take part in the work of the Supreme Council and its bodies and make a speech or deliver a report to them at any time; 10) appoint judges of the Republic of Belarus, other than those whose election falls within the competence of the Supreme Council; 11) appoint other officials whose offices are determined by the law, unless otherwise specified in the Constitution; 12) resolve issues regarding the granting of citizenship of the Republic of Belarus, the termination thereof, and the granting of asylum; 13) confer state awards and bestow ranks and titles; 14) grant pardons to convicted citizens; 15) represent the State in relations with other countries and international organizations; 16) conduct negotiations and sign international treaties and appoint and recall diplomatic representatives of the Republic of Belarus in foreign countries and at international organizations; 17) receive the credentials and letters of recall of the accredited diplomatic representatives of foreign countries; 18) 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 Supreme Council for approval within three days; 19) have the right, in instances specified in law, to defer a strike or suspend it for a period not exceeding two months; 20) sign laws and have the right, within ten days of receiving a law, to return it with his objections to the Supreme Council for further discussion and a second vote. Where, by a majority of no less than two-thirds of the elected deputies, the Supreme Council upholds the decision it had adopted previously, the President shall be required to sign the law within three days. Any law that is not returned within the above period shall be deemed to be signed; 21) be entitled to repeal instruments of bodies of executive power subordinate to him; 22) suspend the decisions of local councils of deputies where they are contrary to the law; 23) head the Security Council; 24) be the Commander-in-Chief of the Armed Forces; 25) 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; and 26) exercise other powers entrusted to him by the Constitution and the laws. (2) The President shall have
no right to delegate to any bodies or officials his powers as the Head
of State.
The President shall, within
the limits of his powers, issue edicts and orders and organize and
monitor
their implementation.
(1) 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. (2) The President shall suspend
his membership of political parties and other public associations that
pursue political goals for the whole of his term in office.
The President may tender
his resignation at any time. The President's resignation shall be
accepted
by the Supreme Council
(1) The President may be removed from office where he violates the Constitution or commits a crime and relieved of office prematurely, where he is unable to discharge his duties on account of the state of his health, by a resolution of the Supreme Council adopted by a majority of no less two-thirds of the elected deputies of the Supreme Council. (2) The issue of removing the President may be raised on the recommendation of no fewer than 70 deputies of the Supreme Council. Findings concerning a violation by the President of the Constitution shall be provided by the Constitutional Court, and on the commission of a crime, by an ad hoc commission of the Supreme Council. From the moment the Constitutional Court presents its findings concerning a violation of the Constitution, or an ad hoc commission presents its finding concerning the commission of a crime, the President may not discharge his duties until the Supreme Council pronounces a corresponding decision. (3) 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.
(1) Whether the office of President falls vacant or he is unable to discharge his duties, his powers shall be transferred to the Chairman of the Supreme Council until the President-elect is sworn in. (2) In that case, the duties
of the Chairman of the Supreme Council shall be transferred to the
First
Vice-Chairman of the Supreme Council.
A Cabinet of Ministers shall
be formed under the auspices of the President to exercise the powers of
the executive in the fields of economy, foreign policy, defense,
national
security, maintenance of public order, and other spheres of state
administration.
(1) The Cabinet of Ministers shall relinquish its powers to the President-elect. (2) Members of the Cabinet of Ministers shall be appointed and dismissed by the President. The Prime Minister, his deputies, ministers of foreign affairs, finance, defense, and internal affairs, and the chairman of the Committee for State Security shall be appointed and dismissed by the President with the consent of the Supreme Council. (3) The Prime Minister shall manage directly the activities of the Cabinet of Ministers, sign the acts of the Cabinet of Ministers that have binding force in the entire territory of the Republic of Belarus, and discharge other functions entrusted to him. (4) The Supreme Council shall
be entitled to obtain a report from any member of the Cabinet of
Ministers
regarding the implementation of the laws. Where a member of the Cabinet
of Ministers violates the Constitution and the laws, the Supreme
Council
shall be entitled to raise the issue of his premature dismissal with
the
President.
The competence of the Cabinet
of Ministers and the procedure governing its activities shall be
determined
on the basis of the Constitution and the Law on the Cabinet of
Ministers.
(1) The courts shall exercise judicial power in the Republic of Belarus. (2) The judicial system in the Republic of Belarus shall be determined by the law. (3) The formation of special
courts shall be prohibited.
(1) In administering justice judges shall be independent and subordinate to law alone. (2) Any interference in judges'
activities in the administration of justice shall be impermissible and
liable to legal action.
(1) Judges may not engage in business activities or perform any paid work apart from teaching and scientific research that does not involve holding a regular staff position. (2) The grounds for electing
and appointing judges and their dismissal shall be determined by the
law.
(1) The courts shall administer justice on the basis of the Constitution, the laws, and other enforceable enactments adopted in accordance therewith. (2) If, during the hearing
of a specific case, a court concludes that an enforceable enactment is
contrary to the Constitution or other law, it shall make a ruling in
accordance
with the Constitution and the law, and raise, under the established
procedure,
the issue of whether the enforceable enactment in question should be
deemed
unconstitutional.
Cases before a court shall
be tried collegially and in the instances specified in law, by judges
individually.
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.
Justice shall be administered
on the basis of the adversarial proceedings and equality of the parties
involved in the trial.
The parties have the right
to appeal rulings, sentences, and other judicial decisions.
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.
Local councils of deputies
shall be elected by the citizens of the relevant administrative
territorial
units for a four-year term.
Local councils of deputies
and executive and administrative bodies shall, within the limits of
their
competences, 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.
The following shall fall exclusively within the exclusive competence of the local councils of deputies:
- 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; and - the calling of local referenda. 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.
(1) Decisions of local councils of deputies that are contrary to the law shall be reversed by higher councils of deputies. (2) Decisions of local executive and administrative authorities that are contrary to the law shall be reversed by the relevant councils of deputies, higher executive and administrative bodies, and the President. (3) 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.
Where a local council of
deputies systematically or flagrantly violates the requirements of the
law, it may be dissolved by the Supreme Council. Other grounds for the
premature termination of the powers of local councils of deputies shall
be determined by the law.
The competence and the procedure
governing the establishment and activities of bodies of local
government
and self-government shall be determined by the law.
The Constitutional Court
of the Republic of Belarus shall monitor the constitutionality of
enforceable
enactments in the State.
(1) The Constitutional Court shall be elected by the Supreme Council from among qualified specialists in the field of law and shall be comprised of 11 judges. The term of the members of the Constitutional Court shall be 11 years. The age limit for members of the Constitutional Court shall be 60. (2) Persons elected to the Constitutional Court may not engage in business activities or perform any other paid work, apart from teaching and scientific research that does not involve holding a regular staff position. (3) Persons elected to the Constitutional Court shall be entitled to tender their resignation at any. (4) Direct or indirect pressure
on the Constitutional Court or its members in connection with the
monitoring
of the Constitution shall be impermissible and liable to legal action.
(1) On the recommendation of the President, the Chairman of the Supreme Council, standing committees of the Supreme Council, no fewer than 70 deputies of the Supreme Council, the Supreme Court, the Supreme Economic Court, or the Procurator-General, the Constitutional Court shall produce a ruling on:
- the conformity of the legal instruments of interstate formations of which the Republic of Belarus is part, edicts of the President, ordinances of the Cabinet of Ministers, and orders of the Supreme Court, the Supreme Economic Court, and the Procurator-General that are of a proscriptive nature to the Constitution, the laws and instruments of international law ratified by the Republic of Belarus. (2) The Constitutional Court
shall be entitled, at its discretion, to examine the question of
whether
the enforceable enactments of a state body or public association
conform
to the Constitution, the laws, and instruments of international law
ratified
by the Republic of Belarus.
(1) Enforceable enactments, international agreements, and other obligations that are deemed by the Constitutional Court to be unconstitutional because they violate human rights and liberties shall be deemed as having no legal force as a whole or in a particular part thereof from the time the relevant enactment is adopted. (2) Other enforceable enactments of state bodies and public associations, international treaty, or other obligations that are deemed by the Constitutional Court to be contrary to the Constitution, the laws or instruments of international law ratified by the Republic of Belarus shall be deemed invalid as a whole or in a particular part thereof from a time determined by the Constitutional Court. (3) Prescriptive legal instruments of interstate formations of which the Republic of Belarus is part that are deemed by the Constitutional Court to be contrary to the Constitution, the laws, or instruments of international law shall be deemed null and void in the territory of the Republic of Belarus as a whole or in a particular part thereof from a time determined by the Constitutional Court. (4) The Constitutional Court
shall make rulings by a simple majority of votes of the full complement
of judges.
The findings of the Constitutional
Court shall be final and not subject to appeal or protest.
The Constitutional Court
shall be entitled to submit proposals to the Supreme Council on the
need
for amendments and addenda to the Constitution and on the adoption and
amendment of laws. Such proposals shall be subject to compulsory
consideration
by the Supreme Council.
(1) Persons elected to the Constitutional Court may not be arraigned on criminal charges, arrested or otherwise deprived of their personal liberty without the consent of the Supreme Council, except where they are detained at the scene of the crime. (2) Criminal proceedings
against members of the Constitutional Court may be instituted by the
Procurator-General
with the consent of the Supreme Council.
The competence, organization,
and procedure governing the activities of the Constitutional Court
shall
be determined by the law.
(1) Supervision of the strict and uniform implementation of the laws by ministries and other bodies subordinate to the Cabinet of Ministers, local representative, and executive bodies, enterprises, organizations, and establishments, public associations, officials, and citizens shall be entrusted to the Procurator-General and the procurators subordinate to him. (2) The Procurators Office
shall supervise the implementation of laws in the investigation of
crimes,
the conformity to the law of judicial decisions in civil and criminal
cases
and cases involving administrative offenses, and in the instances
specified
in law, conduct preliminary inquiries and support public prosecutions
in
the courts.
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