CONSTITUTION OF THE REPUBLIC OF BELARUS

 

 

Preamble

 

We, the people of the Republic of Belarus,

 

bearing responsibility for the present and future of Belarus, recognizing that we are an equal subject of the world community and confirming our adherence to values common to all mankind, proceeding from our inalienable right to self-determination, basing our actions on the history of the development of century-old Belarussian statehood, striving to secure the rights and freedoms of every citizen of the Republic of Belarus, desiring to ensure civil consent and a stable basis for a government by the people and a state based on the rule of law, hereby adopt this Constitution - the Basic law of the Republic of Belarus.

 

                           SECTION I

          PRINCIPLES OF THE CONSTITUTIONAL STRUCTURE

 

Article 1.  The Republic of Belarus is an unitary, democratic, social state based on the rule of law.

The Republic of Belarus shall have supreme and full power over its territory; it shall implement its internal and foreign policy independently.

The Republic of Belarus shall defend its independence, territorial integrity, and constitutional structure; it shall ensure legality and legal order.

 

Art. 2.  The human being shall be the supreme value of the State and society.

The State shall be responsible to the individual for creating conditions that shall ensure the free and honorable development of each individual.  Every citizen shall be responsible to the State for strictly performing those duties imposed on him by the Constitution.

 

Art. 3.  The only source of State power in the Republic of Belarus shall be the people.  The people shall exercise their power directly and through representative organs in the forms, and within the limits, stipulated by the Constitution.

Any actions aimed at achieving State power violently or by means of any other violation of laws of the Republic of Belarus shall be prosecuted in accordance with the law.

 

Art. 4.  In the Republic of Belarus, democracy shall be exercised on the basis of a diversity of political institutions, ideologies, and views.

No ideology of a political party, religious or other public association, or social group may be made mandatory for citizens.


Art. 5.  Political parties and other public associations acting within the framework of the Constitution and laws of the Republic of Belarus shall encourage the exposure and expression of the political will of the citizenry; they shall take part in elections.

Political parties and other public associations shall be entitled to use State-owned mass media organs, according to procedures stipulated by law.

The establishment of and/or activities of any political party or public association that strives to change the constitutional structure through violence or by inciting war or national, religious, or racial enmity shall be prohibited.

 

Art. 6.  The State shall be based on the separation of legislative, executive, and judicial powers.  State organs shall be independent within their jurisdictions; they shall interact and check and balance each other.

 

Art. 7.  The State and all its organs and officials shall be bound by law and shall act within the framework established by the Constitution of the Republic of Belarus and by laws pursuant thereto.

Legal acts or their provisions which are found through legal procedures to be unconstitutional shall have no legal force.

Enforceable acts of State authorities shall be published or provided for general information by other means that are stipulated by law.

 

Art. 8.  The Republic of Belarus shall acknowledge the priority of generally-recognized principles of international law and shall prepare to have its legislation conform to same.

The signing of international treaties in violation of the Constitution shall be prohibited.

 

Art. 9.  The territory of the Republic of Belarus shall be the natural foundation of its existence; it shall comprise that area in which the people shall express self-determination and provide the basis for the well-being of the people and for the sovereignty of the Republic of Belarus.

The territory of the Republic of Belarus shall be integral and inalienable.

The territory shall be divided into oblast, rayons, cities, and other administrative-territorial units.  The administrative-territorial composition of the State shall be determined by law.

 

Art. 10.  All citizens of the Republic of Belarus shall be protected and assisted by the State both within the territory of Byelorus and beyond its borders.

No person may be stripped of his citizenship or of the right to change his citizenship.

A citizen of the Republic of Belarus may not be extradited to another state, except as provided for by international treaties of the Republic of Belarus.

Citizenship shall be acquired and lost according to law.


Art. 11.  Foreign citizens and persons without citizenship who stay in the territory of Belarus shall enjoy the same rights and freedoms and shall bear the same obligations as citizens of the Republic of Belarus, unless otherwise determined by the Constitution, laws, and international treaties.

 

Art. 12.  The Republic of Belarus may grant the right of asylum to persons prosecuted in other states for their political or religious convictions or national affiliations.

 

Art. 13.  The State shall provide equal rights to all persons regarding the exercise of economic and other activities, except as stipulated by law; it shall guarantee equal protection and equal conditions for developing all forms of property.

The State shall regulate economic activity in the interest of the individual and society.

The law may determine objects which shall be exclusive State property and provide for exclusive powers of the State to exercise specific kinds of activities.

 

Art. 14.  The State shall regulate relations between social, ethnic, and other communities based on the principles of equality before the law and of respect for their rights and freedoms.

 

Art. 15.  The State shall be responsible for the preservation of the Republic's historic-cultural heritage and for the free development of the cultures of all ethnic communities residing in the territory of the Republic of Belarus.

 

Art. 16.  All religions and creeds shall be equal before the law.  The establishment of any advantages for or restrictions against a specific religion or creed shall not be permitted.

Any activities of religious organizations and of their organs and representatives directed against the sovereignty of the Republic of Belarus, its constitutional structure, or civil consent which are characterized as violating the rights and freedoms of citizens shall be prohibited.

Relations between the State and religious denominations shall be regulated by law.

 

Art. 17.  The Belarussian language shall be the State language of the Republic of Belarus.

The Republic of Belarus shall guarantee the right to use the Russian language freely for inter-ethnic communication.

 

Art. 18.  In its foreign policy, the Republic of Belarus shall follow the principles of equality of states, the non-use of force or of the threat to use force, the inviolability of State borders, the peaceful resolution of disputes, non-interference into the internal affairs of other states, and other generally-recognized principles and norms of international law.

The Republic of Belarus shall strive to turn its territory into a neutral state and a zone free of nuclear weapons.

 

Art. 19.  The State symbols of the Republic of Belarus shall be the State Flag, the State Emblem, and the State Anthem.

 

Art. 20.  The capital of the Republic of Belarus shall be the city of Minsk.

The status of the city of Minsk shall be determined by law.

 

                          SECTION II

            THE INDIVIDUAL, SOCIETY, AND THE STATE

 

Art. 21.  It shall be the supreme duty of the State to provide the rights and freedoms of citizens of the Republic of Belarus.

The State shall ensure the rights and freedoms of citizens of Belarus which are laid down in the Constitution and laws and which are stipulated by the State's international commitments.

 

Art. 22.  All persons shall be equal before the law; they shall be entitled to equal protection of their rights and lawful interests without any discrimination.

 

Art. 23.  Restrictions on the rights and freedoms of the individual may be permitted only in cases stipulated by law in order to ensure national security and public order and to protect morality, the health of the population, and the rights and freedoms of other persons.

No person may use advantages and privileges which contradict the law.

 

Art. 24.  Every individual shall be entitled to life.

The state shall protect the life of each individual from any illegal encroachment.

Pending its abolition, capital punishment may be applied by a court sentence as an exceptional punishment for grave crimes, according to law.

 

Art. 25.  Every detained person shall be entitled to have his detention or arrest verified by a court.

No person may be subjected to torture or any other treatment or punishment which is either cruel or which denigrates the person's dignity; no person may be subjected to any scientific or other experiment without his voluntary consent.

 

Art. 26.  Any person accused of a crime shall be considered innocent until his guilt is proved through legal procedures and established by a final court sentence.  The accused person shall not be obligated to prove his innocence.

 

Art. 27.  No person shall be obligated to be a witness against or to testify against himself or against members of his family or close relatives.  Any evidence obtained in a violation of the law shall have no legal force.

 

Art. 28.  Every individual shall be entitled to the inviolability of his private life, including protection from encroachments upon his correspondence, telephone and other communications, honor, and dignity.

 

Art. 29.  The inviolability of the home and of citizens' other legal possessions shall be ensured.  No person may enter a residence or seize any other legal possessions of a citizen against his will, without respective legal grounds.

 

Art. 30.  Citizens of the Republic of Belarus shall be entitled to freedom of movement and to the choice of residence within the borders of the Republic of Belarus; they may leave Belarus and return to it freely, without any hindrance.

 

Art. 31.  Every person shall be entitled to determine his attitude towards religion freely; to profess any religion or no religion at all, either individually or jointly with other persons; to express and disseminate religious or non-religious views; and to take part in administering religious cults, rituals, and ceremonies.

 

Art. 32.  Matrimony, the family, mothers, fathers, and children shall be under the protection of the State.

A man and a woman of marriageable age shall be free to marry upon their mutual consent and to create a family.  Both spouses shall be considered equal within their matrimonial relationship.

Parents and guardians must raise their children and to take care of their health, development, and education.  No child shall be subjected to cruel or humiliating treatment or engaged in work that may damage his physical, intellectual, or spiritual development.

Children shall be obligated to take care of their parents or guardians and to assist them.

 

Art. 33.  Every person shall be entitled to freedom of thought, speech, and the unobstructed expression of his opinions and convictions.

No person may be forced to express his convictions or to renounce them.

Neither the monopolization of mass media organs by any public association or citizen nor censorship shall be permitted.

 

Art. 34.  Citizens of the Republic of Belarus shall have the right to obtain, keep, and disseminate full, reliable, and timely information about the activities of State organs and public associations, about political, economic, and international life, and about the environment.

State organs, public associations, and officials shall be obligated to give each citizen free access to information which pertains to his rights and legal interests.

 

Art. 35.  The freedom of citizens to assemble, to hold meetings and street processions, and to form picket lines shall be ensured by the State, as long as said do not violate legal order or the rights of other persons of the Republic of Belarus.

Art. 36.  Every person shall be entitled to freedom of association.

Judges, employees of the procurator's office, organs of internal affairs (militia), the Accounting Chamber of the Republic of Belarus, organs of State security, and servicemen may not be members of any political parties or other public associations which pursue political goals.

 

Art. 37.  Citizens of the Republic of Belarus shall be entitled to participate in the management of State affairs both directly and through their freely-elected representatives.  Citizens shall participate directly in managing State and societal affairs through referendums and through public consideration of draft laws regarding both local matters and matters involving the Republic, as well as by other means, as stipulated by law.

 

Art. 38.  Citizens of the Republic of Belarus shall be entitled to elect and to be elected to State organs on the basis of universal, equal, and direct suffrage and secret ballot.

 

Art. 39.  Citizens of the Republic of Belarus shall have the right to equal access to all posts and positions in State organs according to their abilities and professional training.

 

Art. 40.  Every person shall have the right to send an individual or collective petition to State organs.

State organs and officials shall be obligated to consider any such appeals and to provide a reasoned reply within the time period established by law.

Any refusal to consider an appeal shall be justified in writing.

 

Art. 41.  Citizens of the Republic of Belarus shall be entitled to the right to work, which is the most honorable means for self-affirmation of the individual, including the right to choose their professions and type of occupation and to work in accordance with their calling, abilities, education, and professional training, taking public needs into consideration; they shall also be entitled to safe, healthy working conditions.

The State shall provide conditions that ensure full employment of the population.  If unemployment is caused by reasons which do not depend on a citizen, he shall be entitled to receive training at a new place of work or to improve his professional qualifications in accordance with public needs and to receive unemployment benefits as directed by law.

Citizens shall be entitled to protection of their social and economic interests, including their rights to associate in trade unions, to enter collective labor agreements, and to strike.

Forced labor shall be prohibited, except for work or services determined by court decision or provided by law concerning a state of emergency or martial law.

 

Art. 42.  Citizens who shall work under labor agreements shall be entitled to receive remuneration for their labor in accordance with its quality, quantity, and public significance; said may not be below the minimum wage established by the State.  Women and men - and adults and minors - shall be entitled to equal pay for equal work.

 

Art. 43.  Working people shall have the right to rest.  For individuals working under a labor agreement, this right shall be ensured by a working week not to exceed 40 hours, which is to be reduced for night work, and by annual paid vacations, days of rest, and holidays.

 

Art. 44.  The State shall guarantee every person's right to property.

An owner shall have the right to possess, use, and dispose of his property, either individually or jointly with others.  The inviolability of property and the right to inherit property shall be protected by law.

Forcible expropriation of property items shall be permitted only for social necessity, observing conditions and procedures established by law; said shall require full, timely compensation of the cost of the appropriated property items, upon a court decision.

The exercise of property rights shall not damage the environment or historical or cultural valuables or infringe upon the rights and interests of other persons which are protected by law.

 

Art. 45.  Citizens of the Republic of Belarus shall be entitled to health protection, including the right to receive medical assistance from State health care institutions free of charge.

The right of citizens of the Republic of Belarus to health protection shall be also ensured by developing physical training and sports, by taking measures to improve sanitation concerning the environment, by providing opportunities to use health protection facilities, and by improving the protection of working conditions.

 

Art. 46.  Every person shall have the right to a wholesome environment and to being compensated for any harm caused by violations of this right.

 

Art. 47.  Citizens of the Republic of Belarus shall have the right to social security in their old age or in the event of illness, disability, loss of the household provider, and other cases, as defined by law.  The State shall grant special social protection to persons who have ruined their health while protecting State and public interests.

 

Art. 48.  Citizens of the Republic of Belarus shall have the right to a place to live.  This entitlement shall be ensured by developing State, public, and private housing stocks and by assisting citizens to obtain a place of residence.

No person may be arbitrarily deprived of his home.

 

Art. 49.  Every person shall be entitled to education.

The general accessible and gratuitous nature of basic secondary and vocational secondary education shall be guaranteed.

Every person shall be guaranteed general access to higher education in accordance with his abilities.  Through a competitive process, every person may receive suitable education in the State's educational institutions.

 

Art. 50.  Every person shall have the right to keep his national affiliation; no one may be forced to define or to indicate his national affiliation.

Any abuse of national dignity shall be prosecuted according to law.

Every person may use his mother tongue and choose his language of communication.  In accordance with law, the State shall guarantee the freedom to select the language to be used in raising a family and in education.

 

Art. 51.  Every person may take part in cultural life.  This right shall be ensured by making generally accessible those valuables of national and world cultures which are maintained by State and public funds and through the development of a system of cultural-educational institutions.

The freedom to pursue activities involving artistic, scientific, and/or technical creativity and teaching shall be guaranteed.

Intellectual property shall be protected by law.

 

Art. 52.  Every person located in the territory of the Republic of Belarus must observe its Constitution and laws and respect its national traditions.

 

Art. 53.  Every person must respect the dignity, rights, freedoms, and lawful interests of other persons.

 

Art. 54.  Every person must protect the historical and cultural heritage and other things of cultural value.

 

Art. 55.  Every person shall the duty to protect the environment.

 

Art. 56.  Citizens of the Republic of Belarus must participate in financing State expenditures by paying state taxes, fees, and duties.

 

Art. 57.  It shall be the sacred duty and obligation of every citizen of the Republic of Belarus to defend the Republic of Belarus.

Procedures regulating service in the military and the grounds or conditions for being relieved of military service or by which civil service may be substituted for same shall be determined by law.

 

Art. 58.  No person may be forced to perform duties which are not stipulated by the Constitution of the Republic of Belarus or its laws or to renounce his rights.

 

Art. 59.  The State must undertake all available measures for establishing such international and internal order that shall ensure the full exercise of the rights and freedoms of citizens of the Republic of Belarus stipulated by the Constitution.

 

Art. 60.  State organs, officials, and other persons responsible for the execution of State functions must take all necessary measures within their jurisdiction for the exercise of the rights and freedoms of the individual.

These organs and persons shall be held responsible for violations against the rights and freedoms of the individual.

 

Art. 61.  Every person shall be entitled to protection of his rights and freedoms by a competent, independent, and impartial court within the time limits established by law.

In order to protect their rights, freedoms, and dignity, individuals may sue for compensation for material and moral damages by means of judicial proceedings.

 

Art. 62.  Every person shall be entitled to legal assistance in exercising and defending his rights and freedoms, including the right to the assistance of attorneys and other representatives, at any moment, in the courts, other State organs, organs of local self-government, enterprises, institutions, organizations, and public associations and in their relations with officials and other citizens.  Legal assistance shall be rendered at the expense of the State, as stipulated by law.

Any actions counter to the rendering of said legal assistance shall be prohibited in the Republic of Belarus.

 

Art. 63.  The exercise of the rights and freedoms of the individual stipulated by this Constitution may be suspended only during a state of emergency or martial law, according to procedures and within the limits defined by the Constitution and laws.

When extraordinary measures are taken during a state of emergency, tHe rights stipulated by Article 24; Article 25, clause 3; and by Articles 25 and 31 of the Constitution may not be restricted.

 

                          SECTION III

               THE ELECTION SYSTEM.  REFERENDUM.

 

                          CHAPTER ONE

                      THE ELECTION SYSTEM

 

Art. 64.  The elections of Deputies and of other officials elected to State positions shall be universal.  All citizens of the Republic of Belarus who have reached the age of 18 shall have the right to vote.

Citizens who have been deemed incapable by the courts and citizens detained upon a court decision shall not take part in elections.  Persons being subjected to any suppressive measure such as arrest, in accordance with criminal-procedure laws, shall not take part in elections.  No other direct or implied restriction on the election rights of citizens shall be permitted; same shall be prosecuted in accordance with law.

 

Art. 65.  The age requirements of Deputies and other persons elected to State posts shall be determined by respective laws if they are not stipulated by the Constitution.

 

Art. 66.  Elections shall be free: each voter shall decide independently to participate in elections and to vote for a candidate.

The organization and procedures for elections shall be open; they shall be held in public.

 

Art. 67.  Elections shall be equal: each voter shall have an equal number of votes.

The number of voters in every election district shall be roughly equal.

Candidates elected by the people to State organs shall participate in elections on an equal basis.

 

Art. 68.  Elections shall be direct: deputies shall be elected by citizens directly.

 

Art. 69.  Voting in elections shall be secret: any control over the voting of citizens in an election shall be prohibited.

 

Art. 70.  Public associations, organizations of workers, and citizens shall have the right to nominate candidates for Deputy, in accordance with law.

 

Art. 71.  Expenditures for organizing and holding elections shall be borne by the State within the limits of funds allocated for said purposes.

 

Art. 72.  Election commissions shall provide for holding elections.

Procedures for holding elections shall be determined by laws of the Republic of Belarus.

Elections shall not be held during a state of emergency or martial law.

 

                          CHAPTER TWO

                  REFERENDUM (NATIONAL VOTE)

 

Art. 73.  The Republic's referendums and local referendums may be called to decide the most important issues of State and social life.

 

Art. 74.  Referendums for the Republic shall be declared by the Supreme Soviet of the Republic of Belarus upon the proposal of the President of the Republic of Belarus or at the initiative of at least four hundred and fifty thousand voters.

The Supreme Soviet shall declare the date of a referendum for the Republic within 30 days after a proposal to declare such referendum has been introduced by the President or by the voters, in accordance with the procedure established by law.

The Supreme Soviet may also consider a proposal to declare a referendum tha thas been initiated by at least 70 deputies of the Supreme Soviet of the Republic of Belarus.

 

Art. 75.  Local referendums shall be declared by the respective local representative organs at their own intiative or upon the proposal of at least ten percent of the electorate residing in the respective territory.

 

Art. 76.  Referendums shall be conducted on the basis of universal, free, and equal suffrage and secret ballot.

Only citizens of the Republic of Belarus who are eligible to vote shall take part in referendums.

 

Art. 77.  Decisions adopted by referendum may be rescinded or revised only by means of a referendum, unless a referendum determines otherwise.

 

Art. 78.  Procedures for calling referendums for the Republic and local referendums and for enumerating issues which may not be put to referendum shall be determined by laws of the Republic of Byelorus.

 

                          SECTION IV

          LEGISLATIVE, EXECUTIVE, AND JUDICIAL POWERS

                              

                         CHAPTER THREE

         THE SUPREME SOVIET OF THE REPUBLIC OF BELARUS

 

Art. 79.  The Supreme Soviet of the Republic of Belarus shall be the permanently-functioning supreme representative and the only legislative organ of State power of the Republic of Belarus.

 

Art. 80.  The Supreme Soviet shall consist of 260 deputies elected by citizens of the Republic of Belarus.

Every citizen of the Republic of Belarus who is eligible to vote and who has reached the age of 21 may be elected a Deputy of the Supreme Soviet.

 

Art. 81.  The Supreme Soviet shall be elected for a term of five years.

The powers of the Supreme Soviet may be terminated ahead of time by a resolution of the Supreme Soviet adopted by a majority of at least two-thirds of the elected Deputies.

Elections for a new Supreme Soviet shall be held no later than three months before the termination of powers of the outgoing Supreme Soviet.

 

Art. 82.  The first session of the Supreme Soviet shall be convened by the Central Election and Referendum Commission of the Republic of Byelorus no later than 30 days after said elections.

 

Art. 83.  The Supreme Soviet of the Republic of Belarus shall:

1) declare referendums for the Republic;

2) adopt and amend the Constitution;

3) adopt laws and resolutions and exercise control over

   their execution;

4) interpret the Constitution and laws;

5) call the regular elections of Deputies of the Supreme

   Soviet and of local Soviets of Deputies and the elec-

   tion of the President;

6) form the Central Election and Referendum Commission;

7) elect the Constitutional Court of the Republic of

   Byelorus, the Supreme Court of the Republic of Bel-

   arus, the Supreme Economic Court, the Procurator-

   General of the Republic of Belarus, the Chairman

   of the Board of the Accounting Chamber of the Repub-

   lic of Belarus, and the Chairman and the Board of

   the National Bank of the Republic of Belarus;

8) establish procedures for deciding issues concerning

   the administrative-territorial composition of the

   State;

9) determine the major guidelines for the domestic and

   foreign policy of the Republic of Belarus;

    10) approve the Republic's budget and report on its

   execution; determine the share of State taxes and

   revenues to be allocated to local budgets;

    11) establish the Republic's taxes and fees and super-

   vise the issuing of money;

    12) ratify and/or reject international treaties of the

   Republic of Belarus;

    13) grant amnesty;

    14) determine the State's military policy;

    15) make decisions regarding peace and war;

    16) institute State awards and civil service ranks and

   titles of the Republic of Belarus;

    17) adopt resolutions to dissolve local Soviets of

   deputies and call new elections if same commit

   outrageous or systematic violations of the needs

   for legislation;

    18) rescind orders of the Chairman of the Supreme Soviet

        of the Republic of Belarus if they contradict laws

        and/or resolutions of the Supreme Soviet.

 

The Supreme Soviet may decide other matters in accordance with the Constitution.

 

Art. 84.  Deputies shall vote in person at sessions of the Supreme Soviet.

Laws and resolutions of the Supreme Soviet shall be considered adopted if a majority of elected Deputies votes for them, except in cases stipulated by the Constitution.

Adopted laws shall be sent to the President for signing within ten days of their adoption.

 

Art. 85.  The Supreme Soviet shall elect a Chairman of the Supreme Soviet, a First Deputy Chairman of the Supreme Soviet, and Deputy Chairmen of the Supreme Soviet from its members.

 

Art. 86.  The Chairman of the Supreme Soviet shall be elected by secret ballot.

He shall be accountable to the Supreme Soviet.

 

Art. 87.  The Chairman of the Supreme Soviet of the Republic of Belarus shall:

1) exercise general leadership over the preparation of

   issues pending before the Supreme Soviet;

2) chair sessions of the Supreme Soviet;

3) represent the Supreme Soviet in relations with organs

   and organizations within the country and abroad;

4) sign resolutions adopted by the Supreme Soviet;

5) present candidates for First Deputy Chairman, Deputy

   Chairmen of the Supreme Soviet, Procurator-General,

   and Chairman of the Accounting Chamber to the Supreme

   Soviet for appointment;

6) direct the work of the staff of the Supreme Soviet.

 

The Chairman of the Supreme Soviet shall issue orders.

The First Deputy Chairman and Deputy Chairmen of the Supreme Soviet of the Republic of Belarus shall exercise certain powers of the Chairman of the Supreme Soviet upon his delegation of same.  They shall fulfill the Chairman's duties if he is absent or unable to discharge his powers.

 

Art. 88.  From among its ranks, the Supreme Soviet shall form standing commissions and other organs which shall work on drafting laws and giving same preliminary consideration, on preparing matters within the jurisdiction of the Supreme Soviet, and regarding controlling the execution of laws.

The Supreme Soviet may establish investigating, auditing, and other ad hoc commissions as necessary.

 

Art. 89.  A Presidium of the Supreme Soviet of the Republic of Belarus shall be created to organize the work of the Supreme Soviet.

The Presidium of the Supreme Soviet shall consist of the Chairman of the Supreme Soviet, the First Deputy Chairman, Deputy Chairmen, and other Deputies elected according to the procedure specified in the Standing Rules of the Supreme Soviet.

The Presidium of the Supreme Soviet shall be headed by the Chairman of the Supreme Soviet.

 

Art. 90.  The right of legislative initiative in the Supreme Soviet of the Republic of Belarus shall be held by Deputies of the Supreme Soviet, the President, the Supreme Court, the Supreme Economic Court, the Procurator-General, the Accounting Chamber, the National Bank, and by a minimum of fifty thousand voters.

Art. 91.  The powers of the Supreme Soviet shall terminate the moment the newly-convened Supreme Soviet opens its first session.

 

Art. 92.  A Deputy of the Supreme Soviet shall exercise his powers in the Supreme Soviet as his profession or, if he wishes, he may remain in other working or official duties.

The President, members of the Cabinet of Minister, judges, and other persons who are appointed by, or whose appointment calls for, the consent of the President may not be Deputies of the Supreme Soviet.

 

Art. 93.  A Deputy of the Supreme Soviet may not be held liable for any activities in the Supreme Soviet which are exercised in accordance with the Constitution, either during or after his term in office.

A Deputy of the Supreme Soviet may not be subjected to criminal punishment, arrest, or any other measure which restricts his liberty without the consent of the Supreme Soviet, unless he is detained at the scene of a crime.

The Procurator-General may initiate the criminal indictment of a Deputy of the Supreme Soviet with the consent of the Supreme Soviet and, in the period between sessions, with the consent of the Presidium of the Supreme Soviet.

 

Art. 94.  Procedures concerning activities of the Supreme Soviet and its organs and Deputies shall be established by the Standing Rules of the Supreme Soviet, which shall be adopted by the Supreme Soviet and signed by its Chairman, and by other legislative acts of the Supreme Soviet of the Republic of Belarus.

 

                         CHAPTER FOUR

           THE PRESIDENT OF THE REPUBLIC OF BELARUS

 

Art. 95.  The President of the Republic of Belarus shall be the head of the State and of the executive power.

 

Art. 96.  Only a citizen of the Republic of Belarus who is at least 35 years old and qualified to vote and who has lived in the territory of the Republic of Belarus more than ten years may be elected President.

 

Art. 97.  The President shall be elected by the people of the Republic of Belarus by direct suffrage.  His term of office shall be five years.  No person may be elected President for more than two terms.

Candidates to the post of the President may be nominated by groups of at least 70 deputies of the Supreme Soviet or by a citizens' petition signed by at least one hundred thousand voters of the Republic of Belarus.

The election of the President shall be called by the Supreme Soviet at least five months before the powers of the President terminate; elections shall be held at least two months before same.

If the Presidency becomes vacant, elections for a new President shall be held no sooner than 30 days and no later than 70 days from the day the office fell vacant.

 

Art. 98.  Elections shall be considered valid if more than one-half of the voters of the Republic of Belarus vote.

The President shall be considered elected if he receives more than one-half of the votes of citizens of the Republic of Belarus who took part in the election.

If no candidate receives the necessary number of votes, a second round of elections between the two candidates who received the highest number of votes shall be held within two weeks.  A candidate shall be considered elected to the post of President if more than one-half of the voters who took part in the second round of elections voted for him.

Procedures for electing the President shall be determined by laws of the Republic of Belarus.

 

Art. 99.  The President shall take office from the moment he takes the following oath: "Upon assuming the office of the President of the Republic of Belarus, I solemnly swear to serve the people of the Republic of Belarus, to observe the Constitution and laws of the Republic of Belarus, and to execute the high obligations entrusted in me faithfully."

This oath shall be administered in a ceremonial atmosphere at a special sitting of the Supreme Soviet of the Republic of Belarus no later than two months after the President is elected.  The term of the previous President shall end at the moment the newly-elected President takes his oath.

 

Art. 100.  The President of the Republic of Belarus shall:

1) adopt measures to protect the sovereignty, national

   security, and territorial integrity of the Republic

   of Belarus, to ensure political and economic stabil-

   ity, and to observe the rights and freedoms of

   citizens;

2) direct the activities of the system of organs of the

   executive power and ensure their interaction with

   representative organs;

3) create and abolish ministries, State committees and

   other central organs of State administration;

4) with the consent of the Supreme Soviet, appoint and

   relieve of their posts the Prime Minister, his

   Deputies, the Ministers of Foreign Affairs, Finances,

   National Defense and Internal Affairs, and the Chair-

   man of the Committee on State Security; appoint and

   relieve of their posts other members of the Cabinet

   of Ministers; and accept the resignation of persons

   listed in this clause;

5) present candidates for Chairman of the Constitutional

   Court, Chairman of the Supreme Court, Chairman of the

   Supreme Economic Court, and Chairman of the Board of

   the National Bank for appointment by the Supreme Soviet;

6) report annually to the Supreme Soviet on the state of

   affairs in the Republic; inform the Supreme Soviet of

   the Republic of Belarus about implementing internal

   and foreign policy of the Republic of Belarus, either

   at his own initiative or at the request of the

   Supreme Soviet;

7) address the people of the Republic of Belarus and the

   Supreme Soviet;

8) inform the Supreme Soviet about plans for activities

   of the Cabinet of Ministers;

9) have the right to participate in the work of the

   Supreme Soviet and its organs and to take the floor

   there at any time to give a speech or provide other

   information;

    10) appoint judges of the Republic of Belarus, except for

   judges who are appointed by the Supreme Soviet;

    11) appoint other persons to offices established in ac-

   cordance with law, if the Constitution does not

   provide otherwise;

    12) decide questions regarding the granting or termination

   of citizenship of the Republic of Belarus and the

   granting of asylum;

    13) present State awards and grant civil service ranks and

   special titles;

    14) pardon convicted persons;

    15) represent the State in its relations with other coun-

   tries and international organizations;

    16) negotiate and sign international treaties and appoint

   and relieve diplomatic representatives of the Republic

   of Belarus to foreign states and attached to inter-

   national organizations;

    17) accept the credentials and letters of recall of

   accredited diplomatic representatives of foreign states;

    18) introduce a state of emergency across the entire terri-

   tory of the Republic of Belarus or in specific areas

   thereof and present an adopted decision to the Supreme

   Soviet within three days for the approval of same, in

   the event of a natural calamity, catastrophe, and/or

   mass disturbance accompanied by violence or the threat

        of violence from a group of persons or organizations

   which endangers the life and health of people and/or

   the State's territorial integrity or existence;

    19) have the right to postpone a strike or to suspend it

   for up to two months, in cases stipulated by law;

    20) sign laws and have the right to return laws with his

   objections to the Supreme Soviet for its reconsidera-

   tion and new voting within ten days of his having

   received same.  If the Supreme Soviet approves an

   earlier decision by a majority vote of at least two-

   thirds of the elected Deputies, the President shall

   sign the law within three days.  A law that is not

   signed within the aforesaid time period shall be

   considered signed;

    21) rescind acts of organs of executive power subordinate

   to him;

    22) suspend the implementation of decisions of local

   Soviets of deputies which contradict the law;

    23) head the Security Council of the Republic of Belarus;

    24) be the Supreme Commander-in-Chief of the Armed Forces

        of the Republic of Belarus;

    25) introduce a state of martial law throughout the terri-

   tory of the Republic of Belarus in the event of a

   military threat or attack and declare universal or

   partial mobilization;

    26) exercise other powers vested in him by the Consti-

   tution and laws.

 

The President may not delegate his powers as head of State to any organs or officials.

 

Art. 101.  Within his jurisdiction, the President shall issue decrees and directives and organize and control their execution.

 

Art. 102.  The President may neither occupy any other posts nor receive any other remuneration except for royalties for scientific, literary, and/or artistic works.

During his term in office, the President shall suspend his membership in political parties and in any other public associations which pursue political goals.

 

Art. 103.  The President may resign at any time.  The resignation of the President shall be accepted by the Supreme Soviet.

 

Art. 104.  The President may be impeached if he violates the Constitution or commits a crime.  He may further be removed from his position if he is unable to discharge his powers due to the state of his health, by a resolution of the Supreme Soviet adopted by the majority vote of at least two-thirds of the elected Deputies of the Supreme Soviet.

Impeachment proceedings against the President may be initiated upon the proposal of at least 70 Deputies of the Supreme Soviet.  The Constitutional Court shall make its recommendation on questions regarding whether the President has violated the Constitution; a special commission of the Supreme Soviet shall recommend whether the President has commited a crime.  The President may not discharge his powers from the moment it is proposed by the Constitutional Court that he has violated the Constitution or from the moment the special commission proposes that he has commited a crime until the Supreme Soviet renders its corresponding decision.

If the President is impeached for commiting a crime, the Supreme Court shall consider his indictment.

 

Art. 105.  If the office of the President becomes vacant or the President is unable to discharge his powers, the powers of the President shall devolve to the Chairman of the Supreme Soviet until the newly-elected President takes the oath of office.

In such case, the powers of the Chairman of the Supreme Soviet shall be transferred to the First Deputy Chairman of the Supreme Soviet.

 

Art. 106.  The Cabinet of Ministers of the Republic of Belarus shall be established under the auspices of the President of the Republic of Belarus to carry out executive powers in the fields of economy, foreign policy, national security, the protection of public order, and in other spheres of State administration.

 

Art. 107.  The Cabinet of Ministers shall resign before the newly-elected President.

Members of the Cabinet of Ministers shall be appointed and dismissed by the President.  The Prime Minister; his Deputies; the Ministers of Foreign Affairs, Finances, National Defense; and the Chairman of the Committee on National Security shall be appointed and relieved of their posts by the President, with the consent of the Supreme Soviet.

The Prime-Minister shall direct the activities of the Cabinet of Ministers, sign acts of the Cabinet of Ministers which shall be obligatory throughout the entire territory of the Republic of Belarus, and exercise other powers entrusted to him.

The Supreme Soviet may request a report from any members of the Cabinet of Ministers on the execution of laws.  If a member of the Cabinet of Ministers violates the Constitution and laws, the Supreme Soviet may raise the issue of relieving him to the President.

 

Art. 108.  The authority of the Cabinet of Ministers and its operating procedures shall be determined on the basis of the Constitution by the Law on the Cabinet of Ministers of the Republic of Belarus.

 

                         CHAPTER FIVE

                      THE JUDICIAL SYSTEM

 

Art. 109.  The judicial power of the Republic of Belarus shall reside in the courts.

The organization of courts in the Republic of Belarus shall be determined by law.

No special courts may be created.

 

Art. 110.  Judges who administer justice shall be independent and subordinate only to law.

Any interference in the activity of judges in the administration of justice shall be impermissable and shall entail legal liability.

 

Art. 111.  Judges may not engage in any entrepreneurial activities or perform any other paid work, except in the realms of education and science, if they do not hold staff positions.

The grounds for selecting and dismissing judges shall be determined by law.

 

Art. 112.  The courts shall administer justice on the basis of the Constitution, laws, and other enforceable acts pursuant thereto.

If, during the hearing of a specific case, a court finds that an enforceable contradicts the Constitution and any other law, it shall apply the Constitution and the law and shall respond to a request to declare such act unconstitutional according to specified procedures.

 

Art. 113.  Court cases shall be tried by a panel of judges; where stipulated by law, one judge shall preside.

 

Art. 114.  All court trials shall be open.

The hearing of a case in closed session shall be allowed only in instances stipulated by law, provided all procedural rules are met.

 

Art. 115.  All legal proceedings shall be based on adversarial principles and the equality of the parties in the suit.

 

Art. 116.  Parties to legal proceedings shall have the right to seek review of decisions, sentences, and other judicial acts.

 

                           SECTION V

           LOCAL SELF-GOVERNMENT AND ADMINISTRATION

 

Art. 117.  Citizens shall carry out local self-government and local administration through local Soviets of deputies, organs of administrative and executive power, organs of public territorial self-government, and through local referendums, assemblies, and other forms by which citizens participate directly in state and societal affairs.

 

Art. 118.  Local Soviets of Deputies shall be elected by citizens of the respective administrative-territorial units for terms of four years.

 

Art. 119.  Local Soviets of Deputies and organs of administrative and executive power shall decide local matters within their jurisdiction, guided by the interests of the entire State and of the populations residing in the respective territories; they shall execute decisions of higher State organs.

 

Art. 120.  Local Soviets of Deputies shall have the exclusive rights to:

- approve the programs for economic and social development

  and local budgets and report on their implementation;

- establish local taxes and fees in accordance with law;

- determine procedures for managing municipal property,

  within boundaries established by law; and

- call local referendums.

 

Art. 121.  Local Soviets of Deputies and local organs of administrative and executive power shall, on the basis of current legislation, adopt decisions pursuant to the Constitution that shall be binding in the respective territories.

Art. 122.  Decisions of local Soviets of Deputies which contradict legislation shall be rescinded by higher Soviets of Deputies.

Decisions of local administrative and executive organs which contradict legislation shall be rescinded by the respective Soviets of Deputies, by higher administrative and executive organs, and by the President of the Republic of Belarus.

Decisions of local Soviets of Deputies and of their administrative and executive organs which restrict or violate the rights and lawful interests of citizens or which meet other such conditions stipulated by law may be appealed in a court.

 

Art. 123.  If a local Soviet of Deputies violates legislation systematically or seriously, it may be dissolved by the Supreme Soviet.  Other grounds for the mid-term termination of powers of a local Soviet of Deputies may be determined by law.

 

Art. 124.  The powers and procedures by which bodies of local administration and local self-government are organized and conduct their activities shall be determined by law.

 

                          SECTION VI

                 STATE CONTROL AND SUPERVISION

 

                          CHAPTER SIX

                THE CONSTITUTIONAL COURT OF THE

                      REPUBLIC OF BELARUS

 

Art. 125.  Control over the constitutionality of enforceable acts in the State shall be exercised by the Constitutional Court of the Republic of Belarus.

 

Art. 126.  The Constitutional Court of the Republic of Belarus shall consist of eleven judges elected by the Supreme Soviet from highly-qualified specialists in the field of law.  Members of the Constitutional Court shall be elected for a term of eleven years.  Members of the Constitutional Court shall not be older than 60 years of age.

Persons who are elected to the Constitutional Court may not engage in any entrepreneurial activities or perform any other paid work, except in the fields of education and science, if they do not hold staff positions.

Persons who are elected to the Constitutional Court may resign at any time.

Any direct or implied pressure on the Constitutional Court or on its members with the goal of influencing constitutional control shall not be permitted; same shall be prosecuted in accordance with law.

 

Art. 127.  Upon a standing request from the President, the Chairman of the Supreme Soviet, standing commissions of the Supreme Soviet, groups of at least 70 deputies of the Supreme Soviet, the Supreme Court, the Supreme Economic Court, and the Procurator-General, the Constitutional Court shall rule on:

- whether laws, international treaties, and other obliga-

  tions of the Republic of Belarus conform to the Con-

  stitution and internationally legal acts ratified by

  the Republic of Belarus;

- whether legal acts of interstate organizations in which

  the Republic of Belarus participates, decrees of the

  President, decisions of the Cabinet of Ministers, and

  enforceable acts of the Supreme Court, the Supreme

  Economic Court, and the Procurator-General conform to

  the Constitution, laws, and internationally-legal acts

  ratified by the Republic of Belarus.

 

At its own discretion, the Constitutional Court may decide whether enforceable acts of any state organ or public association conform to the Constitution, laws, and instruments of international law ratified by the Republic of Belarus.

 

Art. 128.  Enforceable acts, international treaties, and other obligations found to be unconstitutional by the Constitutional Court on grounds of violating human rights and liberties shall be deemed invalid, totally or in part, from the time the respective act(s) is (are) adopted.

Other enforceable acts of State organs, public associations, and international treaties and other obligations which are found by the Constitutional Court to be inconsistent with the Constitution, laws, or instruments of international law ratified by the Republic of Belarus shall be deemed invalid, totally or in part, the moment same is determined by the Constitutional Court.

Prescriptive-legal acts of interstate organizations in which the Republic of Belarus participates which are found by the Constitutional Court to be inconsistent with the Constitution, laws, or instruments of international law shall be deemed null and void on the territory of the Republic of Belarus, totally or in part, from the time same is determined by the Constitutional Court.

The Constitutional Court shall adopt decisions by a majority vote of its members.

 

Art. 129.  Rulings of the Constitutional Court shall be final; they may not be subject to appeal or protest.

 

Art. 130.  The Constitutional Court may propose to the Supreme Soviet the necessity to change or amend the Constitution or to adopt or change laws.  Such proposals must be considered by the Supreme Soviet.

 

Art. 131.  Persons who are elected to the Constitutional Court may not be subjected to criminal punishment, arrest, and to other measures which restrict their liberty without the consent of the Supreme Soviet, except in cases in which they are detained at the scene of a crime.

The Procurator-General may initiate a criminal indictment against a member of the Constitutional Court, with the consent of the Supreme Soviet.

Art. 132.  The powers, organization, and operating procedures of the Constitutional Court shall be determined by law.

 

                         CHAPTER SEVEN

                 THE OFFICE OF THE PROCURATOR

 

Art. 133.  The Procurator-General and procurators subordinate to him shall have the authority to supervise the strict, uniform observance of laws by ministries and other organs subordinate to the Cabinet of Ministers, by local representative and executive organs, and by enterprises, organizations, public associations, officials, and citizens.

The Office of the Procurator shall make certain that the investigation of crimes proceeds in a legal manner and conforms to laws based on judicial decisions in civil, criminal, and administrative cases; it shall carry out preliminary investigation into crimes in cases stipulated by law and shall support the prosecution of same by trial, on behalf of the state.

 

Art. 134.  The uniform and centralized system of the Procurator's Office shall be headed by a Procurator-General elected by the Supreme Soviet.

Junior procurators shall be appointed by the Procurator-General.

 

Art. 135.  The Procurator-General and procurators subordinate to him shall carry out their powers independently; they shall be guided only by laws.  The Procurator-General shall be accountable to the Supreme Soviet for his activities.

 

Art. 136.  The powers, organization, and operating procedures of the Procurator's Office shall be determined by law.

 

                         CHAPTER EIGHT

        THE CONTROL CHAMBER OF THE REPUBLIC OF BELARUS

 

Art. 137.  Control over implementation of the Republic's budget, the use of State property, and the execution of acts of the Supreme Soviet which regulate the State's property relations and relations in the spheres of economy, finances and taxing shall be exercised by the Control Chamber.

 

Art. 138.  The Control Chamber shall be formed by the Supreme Soviet.  The Control Chamber shall function under the direction of the Supreme Soviet and be accountable to it.

 

Art. 139.  The Chairman of the Control Chamber shall be elected by the Supreme Soviet for a term of five years.

 

Art. 140.  The powers, organization, and operating procedures of the Control Chamber shall be determined by law.

 

                          SECTION VII

                  FINANCIAL AND CREDIT SYSTEM

                  OF THE REPUBLIC OF BELARUS

 

Art. 141.  The finanacial and credit system of the Republic of Belarus shall consist of the budgetary system, banking system, and the financial resources of non-budgetary funds, enterprises, institutions, organizations, and citizens.

A uniform budgetary-financial, taxation, financial-credit, and hard currency policy shall be carried out throughout the territory of the Republic of Belarus.

 

Art. 142.  The budgetary system of the Republic of Belarus shall consist of the Republic's budget and local budgets.

Its revenues shall consist of taxes established by law and by other mandatory fees and payments to the budget.

Statewide expenditures shall be made from the Republic's budget in accordance with its allocations.

Non-budgetary funds may be created in accordance with law.

 

Art. 143.  Procedures for creating, approving, and administering budgets and the State's non-budgetary funds shall be determined by law.

 

Art. 144.  A report on the execution of the Republic's budget shall be presented to the Supreme Soviet no later than five months after the end of the previous financial year.

Reports on the execution of local budgets shall be submitted for the reconsideration of the respective Soviets of Deputies within the time frames established by law.

Reports on execution of the Republic's budget and of local budgets shall be published.

 

Art. 145.  The banking system of the Republic of Belarus shall consist of the National Bank of the Republic of Belarus and other banks.  The National Bank shall regulate credit relations, determine cash in circulation, and determine procedures regulating financial transactions.  It shall have the exclusive power to issue money.

 

                         SECTION VIII

                 IMPLEMENTING THE CONSTITUTION

                  OF THE REPUBLIC OF BELARUS

         AND PROCEDURES FOR REVISING THE CONSTITUTION

 

Art. 146.  The Constitution shall have supreme legal force.  All laws and other instruments of State organs shall be adopted on the basis of, and pursuant to, the Constitution of the Republic of Belarus.

If a law contradicts the Constitution, the Constitution shall prevail.  If other enforceable acts contradict the law, the law shall prevail.

 

Art. 147.  Proposals to change and to amend the Constitution of the Republic of Belarus shall be considered by the Supreme Soviet upon the initiative of at least one hundred fifty thousand voters of the Republic of Belarus or of a group of at least 40 deputies of the Supreme Soviet, or upon the initiative of the President or the Constitutional Court.

 

Art. 148.  A law to change the Constitution shall be adopted after two debates and votes, which shall be held over no less than three months.

Changes to the Constitution may not be adopted during a state of emergency or during the final six months of the term of the Supreme Soviet.

 

Art. 149.  The Constitution, any laws to change the Constitution and to implement the Constitution or any of the aforesaid laws, and any acts to interpret the Constitution shall be adopted by a majority vote of at least two-thirds of the elected Deputies of the Supreme Soviet.

Changes to the Constitution may be adopted by referendum.

Decisions to change the Constitution by popular vote shall be adopted upon a majority vote of the electorate.

 

The Chairman of the Supreme Soviet

of the Republic of Belarus

 

M. Gryb                                March 15, 1994

                                       The City of Minsk