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