Constitutionof theRepublic of Belarus
Adopted on
March
1, 1994
PREAMBLE
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.
SECTION IPrinciples of the
Constitutional
SystemARTICLE 1Principles
(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.cralaw:red
(2) The Republic of Belarus
shall defend its independence and territorial integrity, its
constitutional
system, and safeguard legality and law and order.
ARTICLE 2Individualism
(1) The individual shall
be of supreme importance to society and the State.cralaw:red
(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.
ARTICLE 3Democracy
(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.cralaw:red
(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.
ARTICLE 4Multi-Party System
(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.
ARTICLE 5Political Parties(1) Political parties and
other
public associations acting within the framework of the Constitution and
laws shall contribute to ascertaining and expressing the political will
of citizens and participate in elections.
(2) Political parties and
other public associations shall have the right to use state mass media
under the procedure determined by the law.cralaw:red
(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.
ARTICLE 6Separation of
Powers
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.
ARTICLE 7Rule of Law
(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.cralaw:red
(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.cralaw:red
(3) Enforceable enactments
of state bodies shall be promulgated or published by some means
specified
in law.
ARTICLE 8International Law(1) The Republic of
Belarus
shall recognize the supremacy of the universally acknowledged
principles
of international law and ensure that its laws comply with such
principles.
(2) The conclusion of international
agreements that are contrary to the Constitution shall not be permitted.
ARTICLE 9Self-Determination,
Territory
(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.cralaw:red
(2) The territory of Belarus
shall be unified and inalienable.cralaw:red
(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.
ARTICLE 10Citizenship
(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.cralaw:red
(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.cralaw:red
(3) Citizenship shall be
acquired or lost in accordance with the law.
ARTICLE 11Equal Rights of
ForeignersForeign nationals and
stateless
persons in the territory of Belarus shall enjoy rights and liberties
and
discharge duties on a par with the citizens of the Republic of Belarus,
unless otherwise specified in the Constitution, the laws, and
international
agreements.
ARTICLE 12Asylum
The Republic of Belarus may
grant the right of asylum to persons persecuted in other states for
political
or religious beliefs or their ethnic affiliation.
ARTICLE 13Economic Activities
(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.cralaw:red
(2) The State shall regulate
economic activities on behalf of the individual and society.cralaw:red
(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.
ARTICLE 14Group Equality
The State shall regulate
relations among social, ethnic, and other communities on the basis of
the
principles of equality before the law and respect of their rights and
interests.
ARTICLE 15Heritage, Cultural
Development
The State shall bear responsibility
for preserving the historic and cultural heritage, and the free
development
of the cultures of all the ethnic communities that live in the Republic
of Belarus.
ARTICLE 16Religions
(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.cralaw:red
(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.cralaw:red
(3) Relations between the
State and religious denominations shall be governed by the law.
ARTICLE 17Language
(1) The official language
of the Republic of Belarus shall be Belarusian.cralaw:red
(2) The Republic of Belarus
shall safeguard the right to use the Russian language freely as a
language
of inter-ethnic communication.
ARTICLE 18International
Policies
(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.cralaw:red
(2) The Republic of Belarus
shall endeavor to make its territory a nuclear-free zone and the State
neutral.
ARTICLE 19Flag, Emblem,
Anthem
The symbols of the Republic
of Belarus as a sovereign state shall be its national flag, national
emblem,
and national anthem.
ARTICLE 20Capital
(1) The capital of the Republic
of Belarus is the city of Minsk.cralaw:red
(2) The status of the city
of Minsk shall determined by the law.
SECTION IIThe Individual,
Society,
and the StateARTICLE 21Protection of
Rights
and Liberties
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.
ARTICLE 22Equality
All shall be equal before
the law and entitled, without discrimination, to equal protection of
their
rights and legitimate interests.
ARTICLE 23Restrictions
(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.cralaw:red
(2) No one may enjoy advantages
and privileges that are contrary to the law.
ARTICLE 24Right to Life,
Death
Penalty
(1) Everyone shall have the
right to life.cralaw:red
(2) The State shall protect
the life of the individual against any unlawful threat.cralaw:red
(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.
ARTICLE 25Personal Liberty,
Dignity
(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.cralaw:red
(2) A person who has been
taken into custody shall be entitled to a judicial investigation into
the
legality of his detention or arrest.cralaw:red
(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.
ARTICLE 26Presumption of
Innocence
No one may be found guilty
of a crime unless his guilt is proven under the procedure specified in
law and established by the verdict of a court of law that has acquired
legal force. A defendant shall not be required to prove his innocence.
ARTICLE 27Evidence
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.
ARTICLE 28Privacy, Secrecy
of
Communication
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.
ARTICLE 29Home
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.
ARTICLE 30Movement
Citizens of the Republic
of Belarus shall have the right to move freely and choose their place
of
residence within the Republic of Belarus, to leave it, and to return to
it without hindrance.
ARTICLE 31Religion
Everyone shall have the right
independently to determine his attitude towards religion, to profess
any
religion individually or jointly with others, or to profess none at
all,
to express and spread beliefs connected with his attitude towards
religion,
and to participate in the performance of acts of worship and religious
rituals and rites.
ARTICLE 32Marriage, Family
(1) Marriage, the family,
motherhood, fatherhood, and childhood shall be under the protection of
the State.cralaw:red
(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.
ARTICLE 33Expression
(1) Everyone is guaranteed
freedom of thoughts and beliefs and their free expression.cralaw:red
(2) No one shall be forced
to express his beliefs or to deny them.cralaw:red
(3) No monopolization of
the mass media by the State, public associations or individual citizens
and no censorship shall be permitted.
ARTICLE 34Information
(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.cralaw:red
(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.
ARTICLE 35Assembly
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.
ARTICLE 36Association
(1) Everyone shall be entitled
to freedom of association.cralaw:red
(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.
ARTICLE 37Political
Participation,
Direct Democracy
Citizens of the Republic
of Belarus shall have the right to participate in the solution of state
matters, both directly and through freely elected representatives. The
direct participation of citizens in the administration of the affairs
of
society and the State shall be safeguarded by the holding of referenda,
the discussion of draft laws, and issues of national and local
significance,
and by other means specified in law.
ARTICLE 38Electoral Rights
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.
ARTICLE 39Access to Public
Posts
Citizens of the Republic
of Belarus, in accordance with their capabilities and vocational
training,
shall be entitled to equal access to any post in state bodies.
ARTICLE 40Petition, Appeal
(1) Everyone shall have the
right to address personal or collective appeals to state bodies.cralaw:red
(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.
ARTICLE 41Work, Unions, No
Forced
Labor
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 42Minimum Wages,
Equal
Remuneration
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.
ARTICLE 43Holidays, 40 Hour
Maximum,
Vacation, Rest Days
Working people shall be entitled
to holidays. For employees, this right shall be safeguarded by the
establishment
of a working week of no more than 40 hours, shorter working hours at
night,
and the provision of annual paid leave and weekly rest days.
ARTICLE 44Property
(1) The State shall guarantee
everyone the right of property.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 45Health
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.
ARTICLE 46Environment
Everyone shall be entitled
to a pleasant environment and to compensation for loss or damage caused
by the violation of this right.
ARTICLE 47Social Security
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.
ARTICLE 48Housing
(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.cralaw:red
(2) No one may be deprived
of housing arbitrarily.
ARTICLE 49Free Education
(1) Everyone shall have the
right to education.cralaw:red
(2) Accessible and free general,
secondary, and vocational-technical education shall be guaranteed.cralaw:red
(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.
ARTICLE 50Ethnicity
(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.cralaw:red
(2) Insults to ethnic dignity
shall be prosecuted by law.cralaw:red
(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.
ARTICLE 51Cultural Life,
Intellectual
Property
(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.cralaw:red
(2) Freedom of artistic,
scientific, and technical creativity and teaching shall be guaranteed.cralaw:red
(3) Intellectual property
shall be protected by law.
ARTICLE 52Supreme
Constitution,
National Traditions
Everyone in the territory
of the Republic of Belarus shall abide by its Constitution and laws and
respect national traditions.
ARTICLE 53Rights of Others
Everyone shall respect the
dignity, rights, liberties, and legitimate interests of others.
ARTICLE 54Historical and
Cultural
Heritage
Everyone shall preserve the
historical and cultural heritage and other cultural treasures.
ARTICLE 55Environment
It shall be the duty of everyone
to protect the environment.
ARTICLE 56Taxes
Citizens of the Republic
of Belarus shall contribute towards the funding of public expenditure
through
the payment of state taxes, dues, and other payments.
ARTICLE 57Defence, Military
Service
(1) It shall be the responsibility
and sacred duty of every citizen of the Republic of Belarus to defend
the
Republic of Belarus.
(2) The procedure
governing
military service, the grounds and conditions for exemption from
military
service, and the substitution thereof by alternative service shall be
determined
by law.
ARTICLE 58Constitutional
Duties,
Inalienable Rights
No one shall be compelled
to discharge duties that are not specified in the Constitution and its
laws or renounce his rights.
ARTICLE 59State Order
The State shall take all
measures at its disposal to create the domestic and international order
necessary for the exercise in full of the rights and liberties of the
citizens
of the Republic of Belarus that are specified in the Constitution.
ARTICLE 60Protection of
Rights,
Official Liability
(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.cralaw:red
(2) These bodies and persons
shall be held liable for actions that violate personal rights and
liberties.
ARTICLE 61Recourse to the
Courts
(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.cralaw:red
(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.
ARTICLE 62Right to Counsel
(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.cralaw:red
(2) Opposition to the rendering
of legal assistance shall be prohibited in the Republic of Belarus.
ARTICLE 63Emergency, Martial
Law
(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.cralaw:red
(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.
SECTION IIIElectoral System,
ReferendumCHAPTER 1Electoral SystemARTICLE 64Constituency,
Electoral
Rights
(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.cralaw:red
(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.
ARTICLE 65Eligibility
The age qualifications of
deputies and other persons elected to state office shall be determined
by the relevant laws, unless otherwise specified in the Constitution.
ARTICLE 66Free and Open
Elections
(1) Elections shall be free.
A voter shall decide personally whether to take part in elections and
for
whom to vote.cralaw:red
(2) The preparation and conduct
of elections shall be open and in public.
ARTICLE 67Electoral Equality
(1) Elections shall be held
according to the principle of equal suffrage. Voters shall have equal
number
of votes.cralaw:red
(2) The number of the voters
in each constituency shall be approximately equal.cralaw:red
(3) Candidates standing for
public office shall take part in elections on an equal basis.
ARTICLE 68Direct Elections
Elections shall be direct.
Deputies shall be elected by citizens directly.
ARTICLE 69Secrecy of
Elections
Voting at elections shall
be secret. The monitoring of voters' preferences while voting is in
progress
shall be prohibited.
ARTICLE 70Nomination
Public associations, individual
work forces, and citizens shall have the right to nominate candidates
for
deputy in accordance with the law.
ARTICLE 71Expenditure
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.
ARTICLE 72Procedure
(1) Elections shall be conducted
by electoral commissions.cralaw:red
(2) The procedure governing
the conduct of elections shall be determined by the laws.cralaw:red
(3) No elections shall be
held during a state of emergency or martial law.
CHAPTER 2Referendum
[Plebiscite]ARTICLE 73Important Issues
National and local referenda
may be held to resolve the most important issues of the State and
society.
ARTICLE 74National Referenda
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 75Local Referenda
Local referenda shall be
called by the relevant local representative bodies on their initiative
or on the recommendation of no less than ten per cent of the citizens
who
are eligible to vote and resident in the area concerned.
ARTICLE 76Electoral Rights
(1) Referenda shall be conducted
by means of universal, free, equal, and secret ballot.cralaw:red
(2) Citizens of the Republic
of Belarus eligible to vote shall take part in referenda.
ARTICLE 77Amending Decisions
The decisions adopted by
referendum may be reversed or amended only by means of another
referendum,
unless otherwise specified by the referendum.
ARTICLE 78Procedure
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.
SECTION IVLegislative,
Executive,
and Judicial PowerCHAPTER 3The Supreme
Council
of the Republic of BelarusARTICLE 79Legislative Power
The Supreme Council of the
Republic of Belarus shall be the highest representative, standing, and
sole legislative body of state power.
ARTICLE 80Membership,
Eligibility
(1) The Supreme Council shall
consist of 260 deputies elected by the citizens of the Republic of
Belarus.cralaw:red
(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.
ARTICLE 81Term, Dissolution,
Re-election
(1) The term of the Supreme
Council shall be five years.cralaw:red
(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.cralaw:red
(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.
ARTICLE 82First Session
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.
ARTICLE 83Competences
(1) The Supreme Council shall:
1) call national
referenda;
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
deputies and call new
elections
where they systematically and flagrantly violate the requirements of
the
law; and
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.
ARTICLE 84Vote, Majority,
Promulgation
(1) Deputies shall vote in
person at sessions of the Supreme Council.cralaw:red
(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.cralaw:red
(3) Adopted laws shall be
sent to the President for signature within ten days of their adoption.
ARTICLE 85Chairmen
The Supreme Council shall
elect, from the ranks of the deputies of the Supreme Council, a
Chairman,
a First Vice-Chairman, and vice-chairmen.
ARTICLE 86Election of the
Chairman
The Chairman shall be elected
by secret ballot. He shall be accountable to the Supreme Council.
ARTICLE 87Competences of the
Chairmen
(1) The Chairman shall:
1) exercise general
leadership
in the preparation of issues to be considered by the Supreme Council;
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.
ARTICLE 88Committees,
Commissions
(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.cralaw:red
(2) Where necessary, the
Supreme Council may set up investigatory, audit, and other ad hoc
commissions.
ARTICLE 89Presidium
(1) A Presidium shall be
set up to organize the work of the Supreme Council.cralaw:red
(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.cralaw:red
(3) The Chairman shall be
the head of the Presidium.
ARTICLE 90Initiative, Public
Initiative
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.
ARTICLE 91Continuation of
Supreme
Council
The powers of the Supreme
Council shall be retained until the opening of the first session of the
Supreme Council of a new convocation.
ARTICLE 92Incompatibilities
(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.cralaw:red
(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.
ARTICLE 93Indemnity, Immunity
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 94Procedure
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.
CHAPTER 4The PresidentARTICLE 95Head of State,
Head
of Government
The President of the Republic
of Belarus shall be the Head of State and the Executive.
ARTICLE 96Eligibility
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
ARTICLE 97Election, Term,
Re-election
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 98Quorum, Majority,
Rounds
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 99Oath, Continuing
Presidency
(1) The President shall take
office after taking the following Oath:
"Assuming
the office
of President of the Republic of Belarus, I solemnly swear to serve the
people of the Republic of Belarus, to abide by the Constitution and
laws
of the Republic of Belarus, and to discharge conscientiously the high
duties
that have been imposed upon me."
(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.
ARTICLE 100Competences
(1) The President shall:
1) take measures to
protect
the sovereignty, national security, and territorial integrity of the
Republic
of Belarus and safeguard political and economic stability and the
respect
of civil rights and liberties;
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.
ARTICLE 101Edicts, Orders
The President shall, within
the limits of his powers, issue edicts and orders and organize and
monitor
their implementation.
ARTICLE 102Incompatibilities
(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.cralaw:red
(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.
ARTICLE 103Resignation
The President may tender
his resignation at any time. The President's resignation shall be
accepted
by the Supreme Council
ARTICLE 104Removal
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 105Vacancy
(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.cralaw:red
(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.
ARTICLE 106Cabinet of
Ministers
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.
ARTICLE 107Appointment,
Dismissal,
Competences, Duties
(1) The Cabinet of Ministers
shall relinquish its powers to the President-elect.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
ARTICLE 108Law on Competences
and
Procedure
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.
CHAPTER 5The CourtsARTICLE 109Judicial Power,
Rule
of Law, No Special Courts
(1) The courts shall exercise
judicial power in the Republic of Belarus.cralaw:red
(2) The judicial system in
the Republic of Belarus shall be determined by the law.cralaw:red
(3) The formation of special
courts shall be prohibited.
ARTICLE 110Independence
(1) In administering justice
judges shall be independent and subordinate to law alone.cralaw:red
(2) Any interference in judges'
activities in the administration of justice shall be impermissible and
liable to legal action.
ARTICLE 111Incompatibilities
(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.cralaw:red
(2) The grounds for electing
and appointing judges and their dismissal shall be determined by the
law.
ARTICLE 112Supreme
Constitution,
Review of Enactments
(1) The courts shall administer
justice on the basis of the Constitution, the laws, and other
enforceable
enactments adopted in accordance therewith.cralaw:red
(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.
ARTICLE 113Collegiality
Cases before a court shall
be tried collegially and in the instances specified in law, by judges
individually.
ARTICLE 114Publicity
The trial of cases in all
courts shall be open. The hearing of cases in closed court session
shall
be permitted only in the instances specified in law and in accordance
with
all the rules of legal procedure.
ARTICLE 115Adversarial Process
Justice shall be administered
on the basis of the adversarial proceedings and equality of the parties
involved in the trial.
ARTICLE 116Right to Appeal
The parties have the right
to appeal rulings, sentences, and other judicial decisions.
SECTION VLocal Government
and
Self-GovernmentARTICLE 117Local Institutions
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 118Local Councils of
Deputies,
Term
Local councils of deputies
shall be elected by the citizens of the relevant administrative
territorial
units for a four-year term.
ARTICLE 119General Competence
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.
ARTICLE 120Exclusive
Comptences
The following shall fall
exclusively within the exclusive competence of the local councils of
deputies:
- the approval of
programs
of economic and social development, and local budgets and accounts;
- the setting of
local taxes
and dues in accordance with the law;
- the
determination, within
the limits specified by law, of the procedure governing the management
and disposal of municipal property; and
- the calling of
local referenda.
ARTICLE 121Binding Decisions
Local councils of deputies
and executive and administrative bodies shall, on the basis of existing
laws, adopt decisions that have binding force in the relevant territory.
ARTICLE 122Control
(1) Decisions of local councils
of deputies that are contrary to the law shall be reversed by higher
councils
of deputies.cralaw:red
(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.cralaw:red
(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.
ARTICLE 123Dissolution
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.
ARTICLE 124Law on Competence
and
Procedure
The competence and the procedure
governing the establishment and activities of bodies of local
government
and self-government shall be determined by the law.
SECTION VIState Monitoring
and
SupervisionCHAPTER 6Constitutional
CourtARTICLE 125Monitoring
Competence
The Constitutional Court
of the Republic of Belarus shall monitor the constitutionality of
enforceable
enactments in the State.
ARTICLE 126Composition, Term,
Age
Limit, Protection
(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.cralaw:red
(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.cralaw:red
(3) Persons elected to the
Constitutional Court shall be entitled to tender their resignation at
any.cralaw:red
(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.
ARTICLE 127Specific
Competences
(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
laws,
international agreements, other obligations of the Republic of Belarus
to the Constitution, and other instruments of international law
ratified
by the Republic of Belarus; and
- 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.
ARTICLE 128Voiding
Enactments,
Majority
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(4) The Constitutional Court
shall make rulings by a simple majority of votes of the full complement
of judges.
ARTICLE 129Finality of
Judgment
The findings of the Constitutional
Court shall be final and not subject to appeal or protest.
ARTICLE 130Court Initiative
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.
ARTICLE 131Immunity of Judges
(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.cralaw:red
(2) Criminal proceedings
against members of the Constitutional Court may be instituted by the
Procurator-General
with the consent of the Supreme Council.
ARTICLE 132Law on Competences
and
Procedure
The competence, organization,
and procedure governing the activities of the Constitutional Court
shall
be determined by the law.
CHAPTER 7The Procurator's
OfficeARTICLE 133General Competences
(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.cralaw:red
(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.
ARTICLE 134Election,
Appointment
(1) The Procurator-General,
elected by the Supreme Council, shall be the head of the uniform and
centralized
system of bodies of the Procurator's Office.cralaw:red
(2) Subordinate procurators
shall be appointed by the Procurator-General.
ARTICLE 135Independence,
Accountability
The Procurator-General and
the subordinate procurators shall be independent in the exercise of
their
powers and guided by the law alone. The Procurator-General shall be
accountable
in his activities to the Supreme Council.
ARTICLE 136Law on Comptences
and
Procedure
The competence, organization,
and procedure governing the activities of bodies of the Procurator's
Office
shall be determined by the law.
CHAPTER 8The Supervisory
AuthorityARTICLE 137General Comptences
The Supervisory Authority
shall monitor the implementation of the national budget, the use of
public
property, and the implementation of the acts of the Supreme Council
governing
public property relationships and economic, financial, and tax
relations.
ARTICLE 138Formation, Control
The Supervisory Authority
shall be formed by the Supreme Council, operate under its direction,
and
be accountable to it.
ARTICLE 139Chairman
The Chairman of the Supervisory
Authority shall be elected by the Supreme Council for a five-year term.
ARTICLE 140Law on Comptences
and
Procedure
The competence, organization,
and procedure governing the activities of the Supervisory Authority
shall
be determined by the law.
SECTION VIIFinancial and
Credit
SystemARTICLE 141Definition,
Unified
Policy
(1) The financial and credit
system of the Republic of Belarus shall include the budget system, the
banking system, as well as the financial resources of non-budget funds,
funds of enterprises, establishments, organizations, and citizens.cralaw:red
(2) A unified fiscal, tax,
credit, and currency policy shall be pursued in the territory of the
Republic
of Belarus.
ARTICLE 142Budget, Funds
(1) The budget system shall
include the national budget and local budgets.cralaw:red
(2) Budget revenue shall
be raised from the taxes specified in law, other mandatory payments, as
well as other receipts.cralaw:red
(3) National expenditure
shall be covered by the national budget on its expenditure side.cralaw:red
(4) In accordance with the
law, non-budgetary funds may be created in the Republic of Belarus.
ARTICLE 143Budget Law
The procedure for drawing
up, approving, and implementing budgets and public non-budgetary funds
shall be determined by the law.
ARTICLE 144Accounts
(1) A national account shall
be submitted to the Supreme Council for consideration no later than
five
months from the end of the fiscal year in review.cralaw:red
(2) Local accounts shall
be submitted to the relevant councils of deputies for the consideration
within time specified in law.cralaw:red
(3) National and local accounts
shall be published.
ARTICLE 145Banking System
The banking system shall
consist of the National Bank and other banks. The National Bank shall
regulate
credit relations and monetary circulation, determine the procedure for
making payments, and have an exclusive right to issue money.
SECTION VIIIApplication and
Amendment
of the ConstitutionARTICLE 146Supreme
Constitution
(1) The Constitution shall
have the supreme legal force. Laws and other instruments of state
bodies
shall be promulgated on the basis of, and in accordance with, the
Constitution.cralaw:red
(2) Where there is a discrepancy
between a law and the Constitution, the Constitution shall apply, and
where
there is a discrepancy between an enforceable enactment and a law, the
law shall apply.
ARTICLE 147Initiative
The issue of amending and
supplementing the Constitution shall be considered by the Supreme
Council
on the initiative of no fewer than 150,000 citizens of the Republic of
Belarus who are eligible to vote, no fewer than 40 deputies of the
Supreme
Council, the President, or the Constitutional Court.
ARTICLE 148Debate
(1) A law on amending at
supplementing the Constitution may be adopted after it has been debated
and approved twice by the Supreme Council with at least three months'
interval.cralaw:red
(2) The Constitution shall
not be amended or supplemented during a state of emergency or the last
six months of the term of a Supreme Council.
ARTICLE 149Majority,
Referendum
(1) The Constitution, laws
on amendments and addenda thereto, on the entry into force on the
Constitution
and the said laws and instruments on interpretation of the Constitution
shall be deemed to have been adopted where no less that two-thirds of
the
elected deputies of the Supreme Council have voted in favor of them.
(2) The Constitution may
be amended or supplemented via a referendum. A decision to amend or
supplement
the Constitution by means of a referendum shall be deemed adopted where
a majority of citizens on the electoral roll have voted in favor of it.
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