CONSTITUTION OF THE REPUBLIC OF BELARUS

 (Adopted November 1996)

 

(passages between slantlines are the most recent changes)

 

PREAMBLE

 

 We, the people of the Republic 

of Belarus (Belarusi), proceeding from responsibility for the present and future of Belarus, recognizing ourselves to be a full-fledged subject of the world community and affirming our adherence to all-human values, based on our inalienable right to self-determination, relying on the many centuries of history of the development of Belarusian statehood, striving to affirm the rights and freedoms of every citizen of the Republic of Belarus, wishing to ensure civic accord and the inviolable principles of people's power and a legal state, do hereby adopt the following Constitution--the Basic Law of the Republic of Belarus.  

SECTION I. PRINCIPLES OF CONSTITUTIONAL ORDER

Article 1. The Republic of Belarus is a unitarian democratic legal state.  The Republic of Belarus possesses supremacy and fullness of authority on its territory, and independently implements domestic and foreign policy.  The Republic of Belarus defends its independence and territorial integrity and constitutional order, and ensures legality and law and order.

Article 2. The individual, his rights, freedoms and guarantees of their realization are the supreme value and purpose of society and the state.  The state is responsible to the citizen for creating conditions for free and worthy development of the individual.  The citizen is responsible to the state for unswerving fulfillment of the responsibilities charged to him by the Constitution.

Article 3. The sole source of state power and bearer of sovereignty in the Republic of Belarus is the people.  The people exercise their power directly and through the representative /and other/ bodies in the forms and limits specified in the Constitution.  Any actions /to alter the constitutional system and achieve/ state power by forceful methods, as well as by means of other violation of the laws of the Republic of Belarus, are punishable in accordance with the law.

Article 4. Democracy in the Republic of Belarus is implemented on the basis of multiplicity of political institutions, ideologies and opinions.  The ideology of political parties, religious or other public associations or social groups cannot be established as being mandatory for citizens.

Article 5. Political parties and other public associations, acting within the framework of the Constitution and the laws of the Republic of Belarus, aid in the determination and expression of political will of the citizens, and participate in elections.  Political parties and other public associations have the right to use state means of mass information in accordance with the procedure specified by /legislation/.  The creation and activity of political parties, and likewise other public associations, which have for their goal the forceful change of the constitutional order or which carry on propaganda of war /and social/, national, religious and racial unity are prohibited.

Article 6. State power in the Republic of Belarus is implemented on the basis of separation into the legislative, executive and judicial branches.  The state branches, within the limits of their powers and authorities, are independent.  They interact with each other, restrain and equalize each other.

Article 7. The principle of supremacy of law is

established in the Republic of Belarus.  The state and all its agencies and officials act within the limits of the Constitution and the legislative statutes adopted in accordance with it.  Legal statutes or their individual principles, which are recognized in accordance with the lawfully established procedure to be contrary to the principles of the Constitution, have no legal force.  Normative statutes of state agencies are publicized or brought to general attention by other means specified by law.

Article 8. The Republic of Belarus recognizes the priority of generally recognized principles of international law and ensures that the legislation shall correspond to them.  The Republic of Belarus, in accordance with the standards of international law, may enter interstate formations and withdraw from them on a voluntary basis.  Conclusion of international treaties which contradict the Constitution is prohibited.

Article 9. The territory of the Republic of Belarus constitutes the natural condition of existence and the spatial limit of self-determination of the people, the basis of their prosperity and sovereignty of the Republic of Belarus.  The territory of Belarus is unified and inalienable.  The territory is divided up into oblasts, rayons, cities and other administrative-territorial units.  The administrative-territorial division of the state is defined by /legislation/.

Article 10.  A citizen of the Republic of Belarus is guaranteed protection and patronage of the state on the territory of Belarus, as well as beyond its boundaries.  No one may be deprived of citizenship of the Republic of Belarus or of the right to change his citizenship.  A citizen of the Republic of Belarus may not be extradited to a foreign state, unless otherwise specified by international treaties of the Republic of Belarus.  Acquisition and loss of citizenship are performed in accordance with the law.

Article 11.  Foreign citizens and persons without citizenship on the territory of Belarus enjoy the rights and freedoms and fulfill responsibilities on par with citizens of the Republic of Belarus, unless otherwise specified by the Constitution, the laws, or by international treaties. 

Article 12.  The Republic of Belarus may grant the right of asylum to persons who are being persecuted in other states for their political or religious convictions or their national affiliation.

Article 13.  Property may be state and private.  The state grants equal rights to all for performing economic and other activity, except for that prohibited by law, and guarantees equal protection and equal conditions for development of all forms of ownership.  The state facilitates the development of cooperation/./ The state guarantees equal opportunities to all for the unrestricted use of their capacities and property for entrepreneurial and other economic activity which is not prohibited by law.  The state implements regulation of economic activity in the interests of the individual and society, and ensures direction and coordination of state and private economic activity for social purposes.  The mineral resources, water and, forests comprise the exclusive property of the state/.  Agricultural land is the property of the state./ The law may also define other objects which are held only in the ownership of the state, or for which a specific procedure for their transfer to private ownership is established, and the exclusive right of the state for performance of certain types of activity is secured.  The state guarantees /working people/ the right to participate in the management of enterprises, organization purposes of increasing the effectiveness of their operation/ and in improvement of the socioeconomic living standard./ Article 14.  The state regulates relations between social, national and other communities on the basis of principles of equality before the law, and respect for their rights and interests.

/Relations in the social and labor sphere of institutions of state administration, employer associations, and labor unions shall be realized on the principles of social partnership and the parties' interaction./

Article 15.  The state is responsible for preserving the historical-cultural /and spiritual/ heritage, and for the unrestricted development of cultures of all national communities living in the Republic of Belarus.

Article 16. /Religions and religious denominations are equal before the law.

/The relationship of the state and religious organizations shall be regulated by the law with regard to their influence on the molding of the spiritual, cultural, and state traditions of the Belarusian people. /Activity of religious organizations and/ their agencies and representatives, which is directed against the sovereignty of the Republic of Belarus, its constitutional order and civil accord, or which is associated with violation of the rights and /liberties of the citizens and also impedes the citizens' performance of their state, public, and family duties or is detrimental to their health and morals/ is prohibited.  The relations between the state and religious confessions are regulated by law,

Article 17. /The state languages in the Republic of Belarus are Belarusian and Russian./

Article 18.  The Republic of Belarus, in its foreign policy, proceeds from the principles of equality of /the state.  Everyone is entitled to a decent living standard, including a sufficient diet, clothing, and living quarters, and to a constant improvement in the conditions necessary for this.

/The state guarantees the rights and liberties of the citizens of Belarus enshrined in the Constitution and the laws and specified by the states international commitments./

Article 19.  The symbols of the Republic of Belarus as a sovereign state are its State Flag, State Seal, and State Hymn.

Article 20.  The capital of the Republic of Belarus is the city of Minsk.  The status of the city of Minsk is defined by law.

SECTION II.  THE INDIVIDUAL, SOCIETY, THE STATE 

Article 21.  Provision of the rights and freedoms of citizens of the Republic of Belarus is the supreme goal of the state.  The state guarantees the rights and freedoms of the citizens of Belarus, as secured in the Constitution and the laws, and as specified by international obligations of the state.  Each person has the right to a worthy living standard, including adequate food, clothing, housing and continuous improvement of the conditions necessary for this. 

Article 22.  All are equal before the law and have the right to equal protection of their rights and lawful interests, without any discrimination whatsoever.

Article 23.  Limitation of the rights and freedoms of the individual is permitted only in the cases specified by law, in the interests of national security, public order, protection of morality, public health, and rights and freedoms of other persons.  No one may utilize advantages and privileges which are contrary to the law.

Article 24.  Each person has the right to life.  The state protects human life against any unlawful encroachments.  Until its repeal, the death penalty may be applied in accordance with the law as an exceptional measure of punishment for especially grave crimes, and only in accordance with court sentence.

Article 25.  The state ensures freedom, inviolability

and dignity of the individual.  Limitation or deprivation of personal freedom is possible in the cases and in the order specified by law.  A person who is taken into custody has the right to judicial verification of the legality of his detainment or arrest.  No one may be subjected to torture, cruel, inhuman or degrading treatment or punishment, or to medical or other experiments without his consent. 

Article 26.  No one may be found guilty of a crime, if his guilt is not proven in accordance with the procedure specified by law and established by a court sentence which has gone into legal effect.  An accused person is not obligated to prove his innocence.

Article 27.  No one may be compelled to give testimony and explanations against himself, members of his family, or close relatives.  Testimony obtained in violation of the law does not have legal force.

Article 28.  Each person has the right to protection against unlawful intervention in his personal life, including from encroachments on the confidence of his correspondence, telephone and other communications, or on his honor and dignity.

Article 29.  The inviolability of the residence and other lawful holdings of citizens is guaranteed.  No one has the right to enter a residence or other lawful holdings of a citizen without lawful grounds and against his will.

Article 30.  Citizens of the Republic of Belarus have

the right to freely move about and select their place of residence within the boundaries of the Republic of Belarus, to leave it and to return to it without hindrance. 

Article 31.  Each person has the right to independently determine his attitude toward religion, to profess any religion singularly or jointly with others, or not to profess any religion, to express and disseminate convictions associated with his attitude toward religion, and to participate in the celebration of religious cults, rituals and rites /not prohibited by law/.

Article 32.  The marriage, family, motherhood, fatherhood and childhood are under the protection of the state.  Upon reaching marriageable age, a man and woman have the right to enter into marriage on a voluntary basis and to create a family.  Spouses have equal rights in family relations.  Parents or persons replacing them have the right and are obligated to bring up children, care for their health, development and education.  A child must not be subjected to harsh treatment or degradation, or involved in work which may inflict harm upon his physical, mental or moral development.  Children are obligated to care for their parents, and also for the persons replacing them, and to provide assistance to them.  Children may be separated from their families against the will of their parents and other persons replacing them only on the basis of a court ruling, if the parents or other persons replacing them do not fulfill their responsibilities.

/Women are guaranteed equal opportunities with men in acquiring an education and vocational training, in labor and career (job) promotion, and in social and political, cultural, and other fields of activity, and also the creation of the conditions for the occupational safety and protection of their health./ Young people are guaranteed the right to spiritual and moral development.  The state creates the necessary conditions for free and effective participation of young people in political, social, economic and cultural development.

Article 33.  Each person is guaranteed freedom of opinions and convictions, and their free expression.  No one may be forced to express his convictions or to reject them.  Monopolization of the mass media by the state, public associations or individual citizens, as well as censorship, are not permitted.

Article 34.  Citizens of the Republic of Belarus are guaranteed the right to obtain, store, and disseminate complete, reliable and timely information on the activity of state agencies and public associations,,on political, economic/, cultural,/ and international life, and on the state of the environment.  The state agencies, public associations and officials are obligated to present the citizen of the Republic of Belarus the possibility of familiarizing himself with materials affecting his rights and lawful interests.  Use of information may be limited by the legislation for purposes of protecting the honor, dignity, personal and family life of citizens and full realization of their rights.

Article 35.  Freedom of assembly, meetings, street

marches, demonstrations and picketing which do not disrupt the law and order and violate the rights other citizens of the Republic of Belarus is guaranteed by the state.  The order of implementing the aforementioned measures is defined by law.

Article 36.  Each person has the right to freedom of association.  Judges, prosecution workers, associates of the internal affairs agencies, the Committee on State Control, the security agencies, and military servicemen may not be members of political parties and other public associations which pursue political purposes.

Article 37.  Citizens of the Republic of Belarus have

the right to participate in the resolution of state matters directly, as well as through freely elected representatives.  Direct participation of citizens in administration of affairs of society and the state is ensured by holding referenda, discussions of draft laws and questions of republic and local significance, and other methods specified by law.

Article 38.  Citizens of the Republic of Belarus have

the right to freely elect and be elected to state agencies on the basis of general, equal, direct or indirect electoral right, with secret ballot.

Article 39.  Citizens of the Republic of Belarus, in accordance with their capacities and professional training, have the right of equal access to any official duties in state agencies.

Article 40.  Each person has the right to direct personal or collective appeals to state agencies.  State agencies, as well as officials, are obligated to review the appeals and to give a response on their essence within the time specified by law.  Refusal to review a submitted appeal must be explained in writing.

Article 41.  Citizens of the Republic of Belarus are guaranteed the right to labor as the most worthy method of self-affirmation of the individual, that is the right to choose a profession, type of activity and work in accordance with their calling, abilities, education, professional training, and with consideration for the social needs, as well as the right to healthy and safe conditions of labor.  The state creates conditions for full employment of the population.  In case of non-employment of an individual for reasons beyond his control, he is guaranteed training in a new specialty and advanced training with consideration for the social demands, as well as unemployment benefits in accordance with the law.  Citizens have the right to protection of their economic and social interests, including the right to unite into professional unions, to conclude collective contracts (agreements) and the right to strike.  Forced labor is prohibited, except for work or service defined by court sentence or in accordance with the law on state of emergency and martial law.

Article 42.  Persons working for hire are guaranteed afair share of remuneration in the economic results of their labor, in accordance with its quantity, quality and social significance, but no lower than the level which would ensure for them and their families a free and worthy existence.  Women and men, adults and minors have the right to equal remuneration for labor of equal value.

Article 43.  Workers have the right to rest.  For workers for hire, this right is ensured by establishing a work week not to exceed 40 hours, reduced duration of work during nighttime, provision of annual paid vacations, and weekly days off.

Article 44.  The state guarantees each person the right of property and aids in its acquisition.  An owner has the right to own, use and dispose of his property individually, as well as jointly with other persons.  Inviolability of property and the right to its inheritance are protected by law.  Property acquired by lawful means is protected by the state.  The state encourages and protects savings of /the citizens and creates guarantees of the return of deposits./ Compulsory alienation of property is permitted only for reasons of public necessity, with adherence to conditions and procedure defined by law, and with timely and full compensation of the cost of the alienated property, and also in accordance with /the decision of the court.  Exorcizing of/ the right of ownership must not contradict public benefit and security, inflict harm upon the environment, historical-cultural values, or infringe upon the rights and lawfully protected interests of other persons.

Article 45.  Citizens of the Republic of Belarus are guaranteed the right to protection of their health, including free treatment at state public health institutions.  The state creates conditions for medical servicing accessible to all citizens.  The right of citizens of the Republic of Belarus to protection of their health is also ensured by the development of physical culture and sports, measures for revitalization of the environment, possibility of using health treatment institutions and development of labor protection.

Article 46.  Every person has the right to a favorable environment and to compensation of harm inflicted by violation of this right.  The state implements control over the rational application of natural resources for purposes of protecting and improving living conditions, as well as for protection and restoration of the environment. 

Article 47.  Citizens of the Republic of Belarus are guaranteed the right to social provision in their old age, in case of illness, disability, loss of work capacity, loss of the breadwinner, and in other cases specified by law.  The state exhibits particular concern for /war and labor veterans and also for/ persons who have lost their health in defense of state and public interests.

Article 48.  Citizens of the Republic of Belarus have

the right to housing.  This right is ensured by development of the state and private housing fund, and provision of assistance to citizens in acquisition of housing.  Citizens in need of social protection are granted housing by the state and local self-government free of charge or at an affordable rate for them, in accordance with the legislation.  No one may arbitrarily be deprived of housing.  Article 49.  Every person has the right to education.  Access to a free general secondary and vocational-technical education is guaranteed.  Secondary special and higher education is accessible to all in accordance with each one's abilities.  Each person may, on a competitive basis, receive the appropriate education free of charge in state educational institutions.

Article 50.  Each person has the right to preserve his national affiliation, just as no one may be forced to define and specify his national affiliation.  Insult to national dignity is prosecuted in accordance with the law.  Each person has the right to use his native language and choose his language of communication.  The state guarantees freedom of choice of language of upbringing and education, in accordance with the law.

Article 51.  Each person has the right to participate in cultural life.  This right is ensured by the general accessibility of values of our country's and world culture which are located in state and public funds, and by development of the network of cultural-enlightenment institutions.  Freedom of artistic, scientific and technical creativity and instruction is guaranteed.  Intellectual property is protected by law.  The state promotes the development of culture, scientific and technical studies for the good of common interests.

Article 52.  Each person who is present on the territory of the Republic of Belarus is obligated to adhere to its Constitution and laws, and to respect its national traditions.

Article 53.  Each person is obligated to respect the dignity, rights, freedoms and lawful interests of other persons.

Article 54.  Each person is obligated to preserve his historical-cultural heritage and other /national/ values. 

Article 55.  Environmental protection is the duty of each person.

Article 56.  Citizens of the Republic of Belarus are obligated to participate in financing state expenditures by means of payment of state taxes, duties and other payments. 

Article 57.  Defense of the Republic of Belarus is the obligation and sacred duty of every citizen of the Republic of Belarus.  The order of undergoing military service, the grounds and conditions of exemption from military service or its replacement with alternative service are defined by law. 

Article 58.  No one may be forced to fulfill obligations which are not specified in the Constitution of the Republic of Belarus and its laws, or to concede his rights.

Article 59.  The state is obligated to take all measures accessible to it for creating domestic and international order necessary for full implementation of the rights and freedoms of citizens of the Republic of Belarus as specified by the Constitution.

/State agencies, officials and other persons who have been entrusted with fulfillment of state functions are obligated, within the limits of their competency, to take necessary measures to implement and defend the rights and freedoms of the individual.  These agencies and persons bear liability for actions which violate the rights and freedoms of the individual.

/Article 60./ Each person is guaranteed protection of his rights and freedoms by a competent, independent and impartial court within the times specified by law.  For the purpose of protecting their rights, freedoms, honor and dignity, citizens have the right to seek property damages as well as material compensation for moral /damage in legal form.

/Article 61.  Everyone is entitled in accordance with acts of international law ratified by the Republic of Belarus to appeal to international organizations in defense of his rights and liberties if all available intrastate means of legal remedy have been exhausted./

Article 62.  Each person has the right to legal assistance for implementing and protecting his rights and freedoms, including the right to utilize, at any time, the assistance of lawyers and other representatives in court, other state agencies, organs of local administration, at enterprises, institutions and organizations, public associations, and in relations with officials and citizens.  In the cases specified by law, legal assistance is provided at the expense of state funds. opposition to provision of legal aid in the Republic of Belarus is prohibited.

Article 63.  Exercise of the rights and freedoms of the individual specified in the present Constitution may be terminated only under conditions of a state of emergency or martial law, in accordance with and within the limits specified by the Constitution and the law.  In implementing special measures during the period of a state of emergency, the rights specified in Article 24, part three, Article 25 and Articles 26 and 31 of the Constitution may not be limited.

SECTION III.  ELECTORAL SYSTEM, REFERENDUM

CHAPTER 1. ELECTORAL SYSTEM

Article 64.  Elections of deputies and other persons

elected to state office by the people are general.  Citizens of the Republic of Belarus who have reached the age of 18 have the right to vote.  Citizens who have been deemed incompetent by the court and persons who are being held in places of imprisonment by sentence of the court do not participate in elections.  Persons in regard to whom a measure of suppression of being held in custody, in accordance with the procedure specified by the criminal-procedural legislation, may not participate in voting.  Any direct or indirect limitation of the electoral rights of citizens in other cases is not permissible, and is punishable in accordance with the law.

//The age qualification of deputies and other persons elected to state office is determined by the appropriate laws, unless otherwise specified by the Constitution.

/Article 65./ Elections are free: The voter personally decides whether to participate in the elections and whom to vote for.  Preparation and for and holding elections is performed openly and publicly.

/Article 66./ Elections are equal: Voters have an equal number of votes.  Candidates running for state office participate in the elections on an equal basis.

/Article 67./ Elections of deputies are direct: Deputies are elected by the citizens directly.

/Article 68./ Voting in elections is secret: Control over the expression of will of the voters in the course of the voting is prohibited.

/Article 69./ The right to nominate candidates for

deputy belongs to public associations, labor collectives and citizens in accordance with the law.

/Article 70./ Expenditures for preparing and holding elections are performed at the expense of the state within the limits of the funds allocated for these purposes.  In cases specified by law, expenditures for preparation and holding of elections may be performed at the expense of monies of public associations, enterprises, institutions, organizations or citizens,

/Article 71./ Electoral commissions make provision

for holding elections, unless otherwise specified by the Constitution.  The order of holding elections is defined by the laws of the Republic of Belarus.  Elections are not held during periods of a state of emergency or martial law.

/Article 72./ Deputies are recalled on the grounds specified by law.

A vote on the recall of a deputy shall be conducted in the procedure specified for the election of a deputy on the initiative of no fewer than 20 percent of eligible citizens residing on the corresponding territory. The grounds and procedure of the recall of members of the Council of the Republic are established by law./ 

CHAPTER 2. REFERENDUM (PUBLIC VOTING)

Article 73.  Republic and local referenda may be held

for the purpose of resolving vital questions of state and public life.

Article 74.  Republic referenda are called by the President of the Republic of Belarus at his own initiative, as well as at the proposal of the /House of Representatives and the Council of the Republic (here and subsequently substitute for "Senate" in all instances "Council of the Republic"),/ which is adopted at their separate sessions by a majority of /the votes of the composition (full composition) of each chamber established by the Constitution/ or at the proposal of no less than 450,000 citizens who have the right to vote, including no less than /30,000/ citizens from each of the oblasts and the city of Minsk. /The president shall, following the submittal for his consideration in accordance with the law of proposals of the House of Representatives and the Council of the Republic or of the citizens concerning a referendum, schedule a republic referendum.

/The date of the referendum shall be fixed/ no later than 30 days after submission of the proposal on holding a referendum, presented to the president by representatives of the Senate and House or by citizens for his review in accordance with the law, the president must announce a republic referendum.  The date of holding the referendum is set no later than 3 months from the day of issuance of the president's edict on announcing the referendum.  Decisions adopted by the republic referendum are signed by the President of the Republic of Belarus.

Article 75.  Local referenda are scheduled by the appropriate local representative bodies at their initiative, or by proposal of no less than 10 percent of the citizens who have the right to vote and live on the appropriate territory.

Article 76.  Referenda are held by means of general, free, equal and secret voting.  Citizens of the Republic of Belarus who have the right to vote participate in the referenda.

Article 77.  Decisions adopted by the referendum may be repealed or amended only by means of referendum, unless otherwise specified by the referendum.

Article 78.  The procedure of holding republic and local referenda, as well as the list of questions which may not be submitted to referendum, are defined by the law of the Republic of Belarus.

SECTION IV.  PRESIDENT, PARLIAMENT, GOVERNMENT, COURT

CHAPTER 3. PRESIDENT OF THE REPUBLIC OF BELARUS 

Article 79.  The President of the Republic of Belarus is the Head of State and the guarantor of the Constitution of the Republic of Belarus, the rights and freedoms of individual and citizen.  The president embodies the unity of the people, guarantees realization of basic directions of domestic and foreign policy, and represents the Republic of Belarus in relations with other states and international organizations.  The president takes measures for protecting the sovereignty of the Republic of Belarus, its national security and territorial integrity, ensures political and economic stability, continuity and interaction of the organs of state power, and /mediate/ between institutions/ of state power.

The president has /immunity/ and his honor and dignity are protected by law.

Article 80.  Any citizen of the Republic of Belarus by birth, at least 35 years of age who has the right to vote and has been a permanent resident of the Republic of Belarus for no less than 10 years immediately prior to the elections may be elected president,

Article 81.  The president is elected for a 5-year term directly by the people of the Republic of Belarus on the basis of general, free, equal and direct electoral right, by secret ballot.  The same person may serve as president for no more than two terms.  Candidates for the office of president are nominated by citizens of the Republic of Belarus, with at least 100,000 voter signatures.  Presidential elections are scheduled by the House of Representatives no later than 5 months prior to expiration of the term of office of the preceding president, and are held no later than 2 months prior to said expiration.  If the office of president is vacant, elections are held no sooner than 30 days before and no later than 70 days after the vacancy has occurred.  Article 82.  The elections are considered to have been held if more than half the citizens of the Republic of Belarus included in the voter list participate in the voting.  The president is considered elected if more than half of the citizens of the Republic of Belarus who have taken part in the voting vote for him.  If none of the candidates gets the necessary number of votes, then a second round of voting (run-off election) is held within 2 week's time between the two candidates who have received the greatest number of votes.  The candidate for president who receives over half the votes cast in the run-off election is considered elected.  The order of holding elections for president is defined by the law of the Republic of Belarus.  Article 83.  The president assumes his duties after taking the oath of office of the following content: "In assuming the duties of President of the Republic of Belarus, I solemnly swear to faithfully serve the people of the Republic of Belarus, to respect and protect the rights and freedoms of the individual and citizen, to adhere to and defend the Constitution of the Republic of Belarus, to sacredly and honestly fulfill the lofty responsibilities placed upon me." The oath is administered in a ceremonial setting in the presence of deputies of the House of Representatives and /members of the Council of the Republic (here and subsequently substitute for "senators" in all instances "members of the Council of the Republic") and justices of the Constitutional and Supreme courts and the Supreme Industrial court/ no later than 2 months from the day of election of the president.  From the moment of taking the oath by the newly elected president, the powers and authorities of the preceding president are terminated.  

Article 84.  The President of the Republic of Belarus:

1) Appoints republic referenda;

2) Schedules regular and extraordinary elections to

the House of Representatives, the Senate and the local representative bodies; Convenes the first post-election and extraordinary sessions of the parliament houses;

3)  Disbands the houses in the cases and in accordance with the procedure specified by the Constitution;

4)  Appoints six members of the Central Commission of the Republic of Belarus on Elections and Conducting Republic Referenda;

5)  Formulates, dismisses and reorganizes the Administration of the President of the Republic of Belarus, other organs of state administration, as well as consultative-deliberative and other agencies under the president;

6)    With the consent of the House of Representatives, appoints the Prime Minister;

/7) Determines/ the structure of the Government of the Republic of Belarus, appoints and dismisses the deputy prime ministers, ministers and other members of the government, and adopts decisions on resignation of the government or its members;

/8)/ With the consent of the Senate, appoints the

chairman /of the Constitutional Court, the chairman of the Supreme Court, and the chairman of the Supreme Industrial court from among the justices of these courts;

/9) With the consent of the Council of the Republic appoints the justices of the Supreme Court, the justices of the Supreme Industrial Court, the chairman of the Central Commission for Elections and Republic Referendums, and/ the Prosecutor General, chairman and members of the board of the National Bank;

/10) Appoints six justices of the Constitutional Court and other justices/ of the Republic of Belarus;

/11) Dismisses the chairman and justices of the Constitutional Court, the chairman and justices of the Supreme Court, the chairman and justices of the Supreme Industrial Court, the chairman and members of the Central Commission for Elections and Republic Referendums, the prosecutor general, and the chairman and members of the National Bank on the grounds specified by law, with notification of the Council of the Republic;

/12)/ Appoints and dismisses the Chairman of the Committee for State Control;

/13)/ Delivers messages to the people of the Republic of Belarus on the state of affairs and on primary directions of domestic and foreign policy;

/14) Delivers annual/ messages to parliament, which are heard without discussion at meetings of the House of Representatives and Senate; has the right to participate in the work of parliament and its organs, and to address them at any time with speeches or /announcements;

/15)/ Is entitled/ to chair meetings of the Government of the Republic of Belarus;

/16)/ Appoints the /directors of republic institutions/ of state administration and defines their status; Appoints representatives of the president in parliament and other officials whose duties are defined in accordance with the legislation, unless otherwise specified

by the Constitution;

/17)/ Resolves questions on granting citizenship of

the Republic of Belarus and its termination, and on granting asylum;

/18) Establishes public holidays and festivals,/ bestows state awards, awards class ranks and titles;

/19) Pardons/ convicted persons;

/20) negotiates/ and signs international treaties; appoints and dismisses diplomatic representatives of the Republic of Belarus to foreign countries and international organizations;

/21) Receives the credentials and letters of/ recall

of accredited diplomatic representatives of foreign states;

/22) In the event/ of natural disaster, catastrophe, or unrest accompanied by violence or threat of violence on the part of a group of persons or organizations, as a result of which danger to life or health of the people, territorial integrity and existence of the state arises, declares a state of emergency on the territory of the Republic of Belarus or in its individual areas, and submits the adopted decision for ratification of the Senate within three day's time;

/23) In instances specified by legislation, has the

right to defer strikes or to suspend them, but for a pruiod of no more than three months;

/24) Signs laws; is entitled/ in accordance with the procedure-specified by the Constitution, to return a law or an individual statute thereof, with his objections to the House of Representatives;

/25) Is entitled to repeal government acts;

/26)/ Directly or through agencies created by him, implements control over adherence to legislation by local organs of administration and self government; has the right to stop the decisions of local Soviets of Deputies and to repeal decisions of local executive and legislative organs in case of their /failing to conform to legislation;

/27) Forms and heads/ the Security Council of the Republic of Belarus; appoints and dismisses the State Secretary of the Security Council;

/28) Is/ the Commander in Chief of the Armed Forces of the Republic of Belarus; /appoints and dismisses the high command of the armed forces;

/29) Introduces on the territory of the Republic of Belarus, in the event of a military threat or attack, martial law and announces full or partial mobilization with presentation within three days' time of the adopted decision to the Council of the Republic for approval;

/30) Exercises other powers entrusted to him by the Constitution and the laws.

Article 85.  The president, on the basis of and in accordance with the constitution, issues edicts and directives which have mandatory force on the entire territory of the Republic of Belarus.  In the cases specified by the constitution, the president issues decrees, which have the force of law.  The president, directly or through agencies created by him, ensures the fulfillment of decrees, edicts and directives.

Article 86.  The president may not hold other office or receive monetary remunerations other than his salary, with the exception of honoraria for works of science, literature and art.  The president terminates membership in political parties and other public associations which pursue political goals for the entire term of his powers and authorities. 

Article 87.  The president may submit his resignation at any time.  The president's resignation is accepted by the House of Representatives.

Article 88.  The President of the Republic of Belarus

may be dismissed-from his duties prior to expiration of his term in the case of persistent inability to fulfill the duties of president due to his state of health.  The decision on dismissal of the president prior to expiration of his terms is adopted by a majority of no less than two-thirds /vote of the full House of Representatives and by a majority of no less than two-thirds of the vote of the full Council of the Republic on the grounds of the findings of a commission specially formed by the chambers.  The president may be removed from office in connection with his having committed high treason or other serious crime.  The decision to press charges and to investigate them shall in this case be deemed adopted if a majority of the full House of Representatives has voted for it following a motion of no

less than one- third of its deputies.  Investigation of the charges shall be organized by the Council of the Republic.  The president shall be considered dismissed if no fewer than two-thirds of the full House of Representatives have voted for this decision./ Failure to adopt the decision of removal of the president from his duties by the Senate and the House of Representatives within a month from the day of presentation of the accusation indicates rejection of the accusation.  The proposal on removal of the President from office may not be initiated in the period of review of the question on early termination of the powers and authorities of parliament, in accordance with the constitution.  In case of removal of the president in connection with a crime which he has committed, the matter on the essence of the accusation is reviewed by the Supreme Court.

Article 89.  If a vacancy should occur in the office of president, or if it becomes impossible for him to /discharge his obligations on the grounds specified by the constitution, his powers shall prior to the newly elected president having been sworn in revert to the prime minister./

CHAPTER 4. PARLIAMENT--NATIONAL ASSEMBLY

Article 90.  The Parliament--the National Assembly of the Republic of Belarus--is the representative and legislative body of the Republic of Belarus.  Parliament consists of two houses--the House of Representatives and the Senate.

Article 91.  The complement of the House of

Representatives is 110 deputies.  The election of deputies to the House of Representatives is performed in accordance with the law and on the basis of general, /free, equal, direct suffrage by ballot.

/The Council of the Republic is the chamber of

territorial representation.  Eight members of the Council of the Republic shall be elected from each oblast and the city of Minsk by ballot at sessions of deputies of the 19ocal councils of deputies of the base level of each oblast and the city of Minsk.  Eight members of the Council of the Republic shall be appointed by the president of the Republic of Belarus.

/Elections of new chambers of parliament shall be/ scheduled no later than 4 months and held no later than 30 days after expiration of the terms of the houses of the active convocation of parliament.  Extraordinary elections of the houses of parliament are held within 3 days from the day of early termination of powers and authorities of the houses of parliament.

Article 92.  Any citizen of the Republic of Belarus who has reached the age of 21 may serve as deputy of the House of Representatives.  Any citizen of the Republic of Belarus who has reached the age of 30 and resided on the territory of the appropriate oblast or the city of Minsk for at least 5 years may serve as senator.  Deputies of the House of Representatives exercise their powers and authorities in parliament on a professional basis, unless otherwise specified by the constitution.  A deputy of the House of Representatives may simultaneously be a member of government.  The same person may not simultaneously serve as member of the two houses of parliament.  A deputy of the House of Representatives may not be a deputy of a local Soviet of Deputies.  A senator may not simultaneously be a member of government.  Combination of responsibilities of deputy of the House of Representatives or senator with

simultaneous service in the capacity of president or judge is prohibited.

Article 93.  The term of office of parliament is 4

years: Powers and authorities of parliament may be

extended on the    basis of law only in case of war.

The first session of the houses of parliament 

following the elections is convened by the /Central 

Commission for Elections and Republic Referendums and 

shall begin/ its work no later than 30 days after the 

elections.  The countdown of the 30-day term for 

convocation and start of work of the first session of 

the House of Representatives begins with the day of 

the second round of voting in elections of its new 

complement.  If the second round of voting on 

elections to the House of Representatives is not 

conducted, the countdown of the 30-day period is 

performed from the day the first round of the general 

elections is held in the Republic of Belarus.  

Countdown of the 30-day period for convocation and 

start of work of the first session of the Senate is 

performed from the day of the first meeting of 

deputies of the local Soviets of Deputies of the base 

level for election of /members of the Council of the 

Republic/ from the oblast or city of Minsk.  In the 

cases and in accordance with the procedure specified 

in the Constitution, the powers and authorities of 

the House of Representatives or the Senate may be 

terminated prior to expiration of their term.  With 

termination of the powers and authorities of the 

House of Representatives or Senate, at the decision 

of the president the powers and authorities of the 

Senate or House or Representatives, respectively, 

may also be terminated. 

Article 94.  Powers and 

authorities of the House of Representatives may be 

terminated prior to expiration of their term in case 

of rejection of confidence in the Government, 

expression of a vote of no confidence in the 

Government or two-time refusal to give consent to 

the appointment of the prime ministers.  Powers and 

authorities of the House of Representatives or the 

Senate may also be terminated prior to expiration of 

term on the basis of a conclusion of the 

Constitutional Court, in case of systematic or gross 

violation of the constitution by the houses of 

parliament.  The decisions on these questions are 

adopted by the president /no later than two months/ 

after official consultations with the 

representatives of houses.  The houses may not be 

disbanded in the period of a state or emergency or 

martial law, during the last 6 months of the term of 

office of the president, in the period during which 

the houses are resolving the question of early 

dismissal or displacement of the president from his 

duties.  The dissolution of the houses within a year 

from the day of their first meetings is not 

permitted.

Article 95.  The houses meet for two regular sessions

per year.  The first session opens 6n 2 October.  Its duration may not be longer than 18 days.  The second session opens on 2 April, and its duration may not be longer than 90 days.  If-2 October or 2 April are not weekdays, then the session is opened on the next working day.  The House of Representatives and the Senate, in case of specific necessity, may be /convened in special session on the initiative of the president and also at the demand of a majority of no fewer than two-thirds of the votes of the full composition of each chamber in accordance with a definite agenda.  Specials sessions are convened by presidential edicts.

Article 96.  The House of Representatives elects from

its complement the Chairman of the House of Representatives and his deputy.  The Senate elects from its complement the Chairman of the Senate and his deputy.  The chairmen of the House of Representatives and the Senate and their deputies conduct meetings and manage the internal order of the houses.  The House of Representatives and the Senate elects permanent commissions and other agencies for performing draft law work, preliminary review and preparation of questions related to the competency of the houses. 

Article 97.  The House of Representatives:

1) reviews draft laws on introducing changes and amendments to the Constitution and on interpretation of the constitution at the proposal of the president or at the initiative of no less than 150,000 citizens of the Republic of Belarus who have the right to vote;

2) reviews draft laws, including on: ratification of basic directions of domestic and foreign policy of the Republic of Belarus; military doctrine; ratification and denunciation of international treaties; basic content and principles of exercising rights, freedoms and obligations of citizenship; citizenship, status of foreigners and persons without citizenship; rights of national minorities; ratification of the republic budget and report on its fulfillment; establishing republic taxes and fees; principles of implementing property relations; principles of social protection; principles of regulating labor and employment; marriage, the family, childhood, motherhood, fatherhood, upbringing, education, culture and public health; determining the order of resolving questions of administrative territorial arrangement of the state; local self-government; jurisprudence, judicial proceedings and the status of judges; criminal liability; amnesty; declaring war and concluding peace; legal regimen of martial law and state of emergency; establishing state awards; interpretation of laws;

3) schedules elections for president;

4)   gives approval to the president for appointment of

the prime minister;

5) hears the report of the prime minister on the program of activity of government and approves or rejects the program; repeat rejection of the program by the house signifies the expression of a vote of no confidence in the government;

6) reviews the question of confidence in the government at the initiative of the prime minister;

7) at the initiative of no less than one-third of the full complement of the House of Representatives, expresses a vote of no confidence in the government; the question of responsibility of the government may not be posed within the course of a year after approval of the program of its activity;

/8) accepts the resignation of the president;

/9) presses by majority vote of the full House of Representatives charges against the president of having committed high treason or other serious crime; adopts by no less than two-thirds vote of the full chamber on the basis of the corresponding decision of the Council of the Republic a decision on the removal of the president from office;

/10) cancels directives/ of the chairman of the House of Representatives; the House of Representatives may adopt decisions on other questions, if this is specified in the Constitution.

Article 98.  The Senate:

1) approves or rejects the draft laws adopted by the House of Representatives on introducing changes and amendments into the constitution; on interpretation of the constitution; drafts of other laws;

2) /consents to the president's appointment of the chairman of the Constitutional Court, the chairman and justices of the Supreme Court, the chairman and justices of the Supreme Industrial Court, the chairman of the central Commission for Elections and Republic Referendums, the prosecutor general, the chairman and members of the governing board of the National Bank;

3)   elects six judges of the Constitutional Court;

4)   elects six members of the Central Commission of the Republic of Belarus on Elections and Holding Republic Referenda;

5) repeals decisions of local Soviets of Deputies which do not correspond to the legislation;

/6) adopts a decision on disolution of/ the local Soviet of Deputies and scheduling new elections in case of its systematic or gross violation of requirements of legislation, and in other cases specified by law;

/7) considers the charge/ against the president in commission-state treason or other grave crime, as presented by the House of representatives, and adopts a decision on its investigation.  In the presence of grounds and by no less than two-thirds vote of the full chamber/ adopts a decision on removal of the president from office;

/8) considers presidential edicts on the introduction of a state of emergency, martial law, and full or partial mobilization/ and no later than within a 30 day period after their introduction, adopts the appropriate decision.  The Senate may adopt decisions on other questions, if this is specified by the constitution.

Article 99.  The right of legislative initiative belongs to the president, the deputies of the House of Representatives, the Senate, the Government, and also to citizens who have the electoral right, in the number of no less than 50, 000 people, and is realized in the House of Representatives.  Draft laws, a consequence of whose adoption may be the reduction of state funds, creation or increase in expenditures may be submitted to the House of

Representatives only with the consent of the president or at his instruction--of the Government.  The president, or at his instruction the Government, have the right to submit proposals to the House of Representatives and the Senate on announcing the review of a draft law as being urgent.  In this case, the House of Representatives and the Senate must review the given draft within 10 days from the day of its submission for their review.

At the demand of the president or, with his permission the Government, the House of Representatives and the Senate adopt decisions at their meetings, voting on the whole for the entire draft submitted by the president or the government, or on a part of it, retaining only those amendments which are proposed or adopted by the president or the government.

Article 100.  Unless otherwise specified by the constitution, any draft law is first reviewed in the House of Representatives, and then in the Senate.  A draft law, with the exception of cases specified in the constitution, becomes law after its adoption by the House of Representatives and approval in the Senate by a majority of the full complement of each house.  Draft laws adopted by the

House of Representatives are forwarded within a period of 5 days to the Senate for review, where they may be reviewed for no longer than 20 days, unless otherwise specified by the constitution.  A law is considered approved by the Senate if a majority of the full complement of the Senate votes in favor of it, or if within the period of 20 days, and if the draft law is declared to be urgent--10 days, from the day of its introduction it has not been reviewed by the Senate.  In case of rejection of the draft law by the Senate, the houses may create a conciliatory commission, formulated on a parity basis, for overcoming the differences which have arisen.  The text of the draft law developed by the conciliatory commission is submitted for approval of both houses.  If the conciliatory commission does not adopt a coordinated text of the draft law, the president, or at his instruction the government, may demand that the House of Representatives adopt a final decision.  The law is considered adopted by the House of Representatives under the condition that no less than /two- thirds of the full/ House of Representatives voted in favor of it, unless otherwise specified by the constitution.

A law adopted by the House of Representatives and approved by the Senate, or approved by the House of Representatives in accordance with the procedure specified in the present article, is submitted to the president for signature within 10 day's time.  If the president agrees with the text of the law, he signs it.  If the president does not return some law for a period of 2 weeks after it is presented to him, /the law/ is considered signed.  The law is not considered signed and does not go into effect if it cannot be returned to parliament in connection with the conclusion of its session.  If the president does not agree with the text of the law, he returns it, along with his objections, to the House of Representatives, which must review the law with the president's objections within a period of no more than 30 days.  If the law is adopted by the,House of Representatives by a majority of no less than two-thirds of the votes of the full complement, it is forwarded, along with the president's objections, to the Senate within 5 day's time.  The Senate must also review it for a second time within a period of no more than 20 days.  The law is /approved by a majority of no less than two-thirds vote/ of the full complement of the Senate.  After the House of Representatives and the Senate overrules the president's objections, the law is signed by the president within 5 days' time.  The law goes into effect also if it is not signed by the president within this time.  In accordance with this same procedure, the houses review the president's objections to individual statutes of the law, which are returned for repeat voting.  In this case, prior to issuing the appropriate decisions by the House of Representatives and the Senate, the law is signed by the president and goes into effect with the exception of those statutes in regard to which the president has objections.  The president's objections regarding changes and amendments to the constitution, interpretation of the constitution or adoption of program laws must be discussed once again and voted on by no less than three-fourths of the votes of the full complement of the houses.

Article 101.  The House of Representatives and the

Senate, by law adopted by a majority of no less than three-fifths of the votes of the full complement of the houses, at the proposal of the president, may delegate to him legislative authority for issuance of decrees which have the force of law.  This law must define the object of regulation and the term of powers and authorities of the president for issuance of decrees.  Delegation of powers and authorities to the president for issuance of decrees which provide, for changes and amendments to the constitution or its interpretation; changes and amendments of program laws; ratification of the republic budget and reporting on its fulfillment, or change in the /procedure of presidential and parliamentary elections; qualification of the constitutional rights and liberties of the citizens are/ prohibited.  The law on delegating legislative powers and authorities to the president may not allow him to amend this law, and likewise the right to adopt standards which have retroactive force.  Due to particular necessity,/ the president/ at the proposal of the government, may issue temporary decrees which have the force of law.  If such decrees are issued at the proposal of the government, they are authorized by the signature of the prime minister.  Temporary decrees must /within three days time/ be submitted for subsequent review by the House of Representatives, and then by the Senate.  These decrees remain in effect if they are not repealed by /a majority of no less than two-thirds vote of the full composition of each chamber.  The chambers/ may regulate by law the relations arising on the basis of decrees which have been repealed.

Article 102.  Deputies of the House of Representatives and /members of the Council of the Republic/ enjoy inviolability in expression of their opinions and exercising their powers and authorities.  This does not refer to their accusation of slander and insult.  For the duration of their term, deputies and /members of the Council of the Republic/ may not be arrested or deprived of their personal freedom by some other means without the prior consent of the appropriate house, with the exception of commission of state treason or some other grave crime, as well as detainment at the scene of a crime.  A criminal case filed against a deputy or senator is reviewed by the Supreme Court.

Article 103.  Meetings of the houses are open.  The

houses, if the interests of the state so demand, may adopt the decision to hold a closed meeting by a majority of votes of their full complement.  During the meetings, including closed meetings, the president, his representatives, prime minister and members of Government may speak out of turn of those who have signed up to speak, as many times as they demand. one meeting a month is reserved for questions of deputies and /members of the Council of the Republic/ and answers of the Government.  A deputy of the House of Representatives or senator has the right to submit a request to the prime minister, members of the government, or managers of state agencies formed or elected by parliament.  The request must be included in the agenda of the respective house.  A response to the request should be given within 20 session days in accordance with the procedure specified by the house of parliament.  A meeting of a house is considered to be lawful under the condition that no less than two-thirds of the deputies or /members of the Council of the Republic/ from the full complement of the house are present at it.  Voting in the House of Representatives and Senate is open, and is performed personally by the deputy or senator by means of casting his vote "for" or "against." Secret voting is used only in deciding cadre questions.

Article 104.  The decisions of the House of

Representatives are adopted in the form of laws and decrees.

Decrees of the House of Representatives are adopted on questions of a directive and control character.  Decisions of the Senate are adopted in the form of decrees.  Decisions of the houses are considered adopted under the condition that the majority of the full complement of the houses voted in favor of them, unless otherwise specified by the Constitution.  Laws on basic directions of domestic and foreign policy of the Republic of Belarus and on military doctrine of the Republic of Belarus are program laws, and are considered adopted under the condition that no less than /two-thirds/ of the full complement of the houses voted in favor of them.  Laws are subject to immediate publication after their signing, and go into effect 10 days after publication, if the law itself does not specify a different term.  Decrees of the president are publicized and go into effect in the same manner.  A law does not have retroactive force, with the exception of cases when it mitigates or repeals the liability of citizens.

Article 105.  The procedure of activity of the House of Representatives, the Senate, their agencies, deputies and /members of the Council of the Republic/ is defined by the rules of the houses, which are signed by the chairmen of the houses.

CHAPTER 5. GOVERNMENT--/COUNCIL OF MINISTERS

(here and subsequently substitute "Council of Ministers" in all instances for "Cabinet of Ministers") OF THE REPUBLIC OF BELARUS

Article 106.  Executive power in the Republic of Belarus is exercised by the Government--/Council of Ministers/--the central body of state administration.  In its activity, the Government is answerable to the President of the Republic of Belarus and responsible to the Parliament of the Republic of Belarus.  The Government concedes its powers and authorities to the newly elected President of the Republic of Belarus.  The Government of the Republic of Belarus consists of the prime minister, his deputies and ministers.  The complement of the Government may also include managers of other central agencies of state administration.  The Prime Minister of the Republic of Belarus is appointed by the President of the Republic of Belarus with the consent of the House of Representatives.  The decision on this question is adopted by the House of Representatives no later than within 2 week's time from the day of submitting the nomination of the candidacy for prime minister.  If /consent to appointment of a prime minister is denied by the House of Representatives twice, the president of the Republic of Belarus shall be entitled to appoint an acting prime minister, dissolve the House of Representatives, and schedule new elections.

/The work of the government shall be directed by the prime minister.

/The prime minister shall:

/1) directly manage/ the activity of the government and bears personal responsibility for its work;

2)   signs Government decrees;

3)   within /two/ month's time after his appointment,

presents a report on the government program to the parliament, and in case of its rejection presents a second report on the program of government within the course of 2 months;

4)      informs the president on the basic directions of activity of the government and on all its important decisions;

5)      fulfills other functions associated with the organization and activity of the government.  The government or any member of the government has the right to submit his resignation to the president, if he considers continued fulfillment of the obligations placed upon him to be impossible.  The government notifies the president of removal in case of expression of a vote of no confidence in the government by the House of Representatives.  The prime minister may pose the question of confidence in the government to the House of Representatives in regard to the submitted program or for a specific reason.  If the parliament rejects the vote of confidence, the president has the right, within 10 day's time, to adopt the decision on resignation of the government or on disbanding the houses and scheduling new elections.  Upon rejection of resignation of government, it continues to fulfill its duties.  The president has the right, at his own initiative, to adopt the decision on resignation of the government and to dismiss any member of government from his duties.  In case of resignation or cession of its powers and authorities, the Government of the Republic of Belarus, at the instruction of the president, continues to fulfill its duties until a new government is formulated.

Article 107.  The Government of the Republic of Belarus: Manages the system of organs of state administration and other agencies of the executive branch which are subordinate to it; Develops basic directions of domestic and foreign policy and adopts measures for their realization; Develops and presents to the president the draft republic budget, for submission to parliament, as well as a report on its fulfillment; Ensures implementation of a unified economic, finance, credit and monetary policy, state policy in the sphere of science, culture, education, public health, ecology, social security and the labor wage; Takes measures for ensuring the rights and freedoms of citizens, protecting the interests of the state, state security and defense capability, protection of property and public order, and combating crime; Acts in the name of the owner in regard to property which belongs to the Republic of Belarus; organizes administration of state property; Ensures fulfillment of the Constitution, laws and decrees, edicts and directives of the president; Repeals statutes of ministries and other /republic/ agencies of state administration; Exercises other powers and authorities placed upon it by the Constitution, the laws and the statutes of the president.

Article 108.  The Government of the Republic of Belarus issues decrees which have mandatory force on the entire territory of the Republic of Belarus.  The prime minister issues directives, within the limits of his competency.  The competency and order of organization and activity of the Government are defined on the basis of the Constitution and the Law on the /Council of Ministers/ of the Republic of Belarus.

CHAPTER 6. THE COURTS

Article 109.  Judicial power in the Republic of Belarus belongs to the courts.  The system of courts is based on principles of territoriality and specialization.  Jurisprudence in the Republic of Belarus is defined by law.  The formation of extraordinary courts is prohibited. 

Article 110.  Judges are independent in the implementation of jurisprudence, and are subordinate only to the law.  Any intervention whatsoever in the activity of

judges in the implementation of jurisprudence is not permissible, and entails liability under the law. 

Article 111.  Judges may not engage in entrepreneurial activity or perform other work for pay, except teaching and scientific-research work.  The grounds for election (appointment) of judges to their duties and their dismissal are specified by law.

Article 112.  Judges implement jurisprudence on the

basis of the Constitution and the normative statutes adopted in accordance with it.  In reviewing a specific case, the court will reach a conclusion on the lack of correspondence of a normative statute to the Constitution.  It will adopt the decision in accordance with the Constitution and will pose the question of ruling the said normative statute unconstitutional, in accordance with the established procedure.

Article 113.  Cases in courts are reviewed collegially, and in the cases specified by law--individually by the judges.

Article 114.  The investigation of cases in all courts is open.  Hearings of cases in closed court session is permitted only in cases specified by law, and with adherence to all rules of judicial proceedings.

Article 115.  Jurisprudence is exercised on the basis of competitiveness and equality of the parties /to the proceeding

/Judicial decisions are binding on all citizens and officials.

/The parties and all persons participating in

proceedings/ have the right to appeal decisions, sentences and other judicial rulings.

Article 116.  Control over the constitutionality of normative statutes in the state is implemented by the Constitutional Court of the Republic of Belarus.  The Constitutional Court of the Republic of Belarus is formulated in the amount of 12 judges comprised of highly qualified specialists in the field of law, who have,/ as a rule an academic degree.

/Six justices of the Constitutional Court are

appointed by the president of the Republic of Belarus, and six justices are elected by the Council of the Republic.  The chairman of the Constitutional Court is appointed by the president with the consent of the Council of the Republic./ The term of office of members of the Constitutional Court is 11 years.  The maximal age for members of the Constitutional Court is /70.

/The Constitutional Court, at the proposals of the

President of the Republic of Belarus, the Supreme Court, The Supreme Industrial Court of the Republic of Belarus, and the Council of Ministers of the/ Republic of Belarus, gives rulings: on the correspondence of laws, decrees, presidential edicts, international treaties and other obligations of the Republic of Belarus to the Constitution and to the international-legal statutes ratified by the Republic of Belarus; on the correspondence of statutes of interstate formations to which the Republic of Belarus is a party, and presidential edicts /issued in execution of the law, the constitution, and acts of international law/ ratified by the Republic of Belarus, the laws and decrees; on the correspondence of decrees of the /Council of Ministers/, the statutes of the Supreme Court, /the Supreme Industrial Court, and the prosecutor general/ to the Constitution and international-legal statutes ratified by the Republic of Belarus, laws, decrees and edicts; on the correspondence of statutes of any other state agency to the Constitution, international-legal statutes ratified by the Republic of Belarus, laws, decrees and edicts.  Normative statutes or their individual principles, which are found to be unconstitutional,, lose their effectiveness in accordance with the procedure specified by law.  In the cases specified by the Constitution, the Constitutional Court, at the proposal of the president, issues rulings on the presence of cases of systematic or gross violations of the Constitution of the Republic of Belarus by the houses of parliament.  The competency, organization and order of activity of the Constitutional Court are defined by law.

SECTION V. LOCAL ADMINISTRATION AND SELF-GOVERNMENT 

Article 117.  Local administration and self-government is implemented by citizens through the local Soviets of Deputies, executive and directive bodies, organs of territorial public self-government, local referenda, assemblies and other forms of direct participation in state and public affairs.

Article 118.  Local Soviets of Deputies are elected by the citizens of the appropriate administrative-territorial units for a /4-year term.

/Article 119.  The leaders of local executive and administrative authorities are appointed and dismissed by the president of the Republic of Belarus or in the procedure that he establishes and confirmed in office by the pertinent local councils of deputies./

/Article 120.  The local councils of deputies/, executive and directive bodies, within the limits of their competency, resolve questions of local significance based on the all- state interests and the interests of the population living on the appropriate territory, and implement the decisions of the supreme state agencies.

/Article 121.  The following are within the exclusive jurisdiction/ of the local councils of deputies: ratification of programs of economic and social development, local budgets and reports on their fulfillment; establishment of local taxes and fees in accordance with the law; determination, within the limits specified by law, of the procedure for administration and disposal of communal property; /the scheduling of local referendums.

/Article 122.  Local Soviets of Deputies, executive and directive bodies, on the basis of the effective legislation, adopt decisions which have mandatory force on the appropriate territory.

Article 122.  Decisions of local Soviets of Deputies

which do not correspond to the legislation are repealed by the supreme representative bodies.  Decisions of local executive and directive bodies which do not correspond to the legislation are repealed by the appropriate Soviets of Deputies, the superior executive and directive bodies, and also by the President of the Republic of Belarus.  Decisions of local Soviets of Deputies, executive and directive bodies which limit or violate the rights, freedoms and lawful interests of citizens, and also in other cases specified by the legislation, may be appealed in /legal form.

/Article 123.  In the event of the systematic or flagrant breach by a local council of deputies of the requirements of legislation/ by the local council of deputies, it may be disbanded by the Senate.  Other grounds for termination of the powers and authorities of the local Soviets of Deputies prior to expiration of their term are

defined by law.

Article 124.  The competency, order of creation and activity of the organs of local administration and self-government are defined by /legislation./

SECTION VI.  PROSECUTOR'S OFFICE.  COMMITTEE FOR STATE CONTROL

CHAPTER 7. PROSECUTOR'S OFFICE

Article 125.  Oversight over the precise and singular fulfillment of laws, decrees and edicts by the ministries and other agencies subordinate to the /Council of Ministers/, local representative and executive agencies; enterprises, organizations and institutions; public associations, officials and citizens is placed upon the Prosecutor General of the Republic of Belarus and the prosecutors subordinate to him.  The prosecutor's office performs oversight over the fulfillment of laws in the investigation of crimes, the correspondence to the law by judicial rulings on civil and criminal cases and cases of administrative legal violations.  In cases specified by law it performs a preliminary investigation and supports state accusations in court.

Article 126.  The unified and centralized system of agencies of the prosecutor's office is headed by the Prosecutor General, who is appointed by the president with approval of the Senate.  Subordinate prosecutors are appointed by the Prosecutor General.

Article 127.  The Prosecutor General and the prosecutors subordinate to him are independent in exercising their powers and authorities, and are guided by the legislation.  The Prosecutor General is answerable for his activity to the president.

Article 128.  The competency, organization and order of activity of the agencies of the prosecutor's office are /determined by legislation/.

CHAPTER 8. COMMITTEE FOR STATE CONTROL

Article 129.  State control over fulfillment of the republic budget, use of state property, implementation of statutes of the president, parliament, the government and other state agencies regulating relations of state property, economic, finance and tax relations, is performed by the Committee for State Control.

Article 130.  The Committee for State Control is formed by the president.  The chairman of the Committee for State Control is appointed by the president.

Article 131.  The competency, organization and order of activity of the Committee for State Control are /determined by legislation/.

SECTION VII.  FINANCE-CREDIT SYSTEM OF THE REPUBLIC OF BELARUS

Article 132.  The finance-credit system of the Republic of Belarus includes the budget system, the banking system, as well as the fiscal means of extra-budgetary funds, enterprises, institutions, organizations and citizens.  A unified budget-finance, tax, monetary-credit and currency policy is implemented on the territory of the Republic of Belarus.

Article 133.  The budget system of the Republic of Belarus includes the republic and local budgets.  The income of the budget is formulated at the expense of taxes specified by law, other mandatory payments, and likewise other revenues.  All-state expenditures are performed at the expense of the republic budget in accordance with its expenditure portion.  Extra-budgetary funds may be created in

the Republic of Belarus in accordance with the law. 

Article 134.  The order of compilation, ratification and fulfillment of budgets and state extra-budgetary funds is defined by law.

Article 135.  The report on fulfillment of the republic budget is presented for review of parliament no later than 5 months from the day of conclusion of the reporting fiscal year.  Reports on the fulfillment of local budgets are submitted for review of the appropriate Soviets of Deputies within the time specified by the legislation.  Reports on fulfillment of republic and local budgets are publicized.  

Article 136.  The banking system of the Republic of Belarus consists of the National Bank of the Republic of Belarus and other banks.  The National Bank regulates credit relations and monetary circulation, determines the procedure of accounting and has the exclusive right of monetary emission.

SECTION VIII.  ACTION OF CONSTITUTION OF THE REPUBLIC OF BELARUS AND ORDER OF ITS AMENDMENT

Article 137.  The constitution possesses supreme legal force.  Laws, decrees, edicts and other statutes of state agencies are issued on the basis of and in accordance with the Constitution of the Republic of Belarus.  In case of divergence of a law, decree or edict from the Constitution, the Constitution shall take precedence.  In case of divergence of a decree or edict from a law, the law takes precedence only when the powers and authorities for issuance of the decree or edict were granted by law.

Article 138.  The question of changing and amending the Constitution is reviewed by the houses of parliament at the initiative of the president or no less than 150,000 citizens of the Republic of Belarus which have the electoral right. 

Article 139.  The law on changing and amending the Constitution may be adopted after two discussions and approval by the parliament, with an interval of no less than 3 months.  Changes and amendments to the Constitution are not performed in the period of a state of emergency, and likewise in the last 6 months of the powers and authorities of the House of Representatives.

Article 140.  The constitution, laws on introduction of changes and amendments to it, on implementation of the Constitution and the indicated laws, as well as statutes on interpretation of the Constitution are considered adopted if /not less than two-thirds of the full composition of each chamber/ of parliament voted in favor of them.  Changes and amendments to the Constitution must be passed through a referendum.  The decision on changing and amending the Constitution by means of referendum is considered adopted if a majority of citizens listed on the voting lists voted in favor of it.  Sections I, II, IV, and /VIII of the Constitution may be revised only by way of referendum.

 

SECTION IX.  CONCLUDING AND TRANSITIONAL PRINCIPLES 

Article 141.  The Constitution of the Republic of Belarus of 1994, with the changes and amendments adopted at the republic referendum (the present Constitution), becomes effective from the day of its publication, with the exception of its individual principles which become effective in the terms specified by the present Constitution.  At the same time, the effect of the Law of the Republic of Belarus, "On the Order of Implementation of the Constitution of the Republic of Belarus," is terminated.

Article 142.  Laws, edicts and other statutes in effect on the territory of the Republic of Belarus prior to implementation of the present Constitution are applied insofar as they do not contradict the Constitution of the Republic of Belarus.

Article 143.  Within a month's time from the day of implementation of the present Constitution, the Supreme Council of the Republic of Belarus and the President of the Republic of Belarus shall formulate the House of Representatives from among the number of deputies of the Supreme Council elected by the day of scheduling of the date for holding the republic referendum of 1996. /Deputies of the Supreme Council of the Republic of Belarus continue in office here for the term specified by this constitution.  Their term of office is computed from the day this constitution takes effect.

/The Council of the Republic is formed in the procedure specified by Article 91 of this constitution.

/If within the said timeframe the House of Representatives is not formed as a consequence of disagreements between the president and the Supreme Council, the president shall in accordance with clauses 2 and 3 of Article 84 of this constitution dissolve the Supreme Council and schedule parliamentary elections.

Article 144.  The president of the Republic of Belarus continues in office.  His term of office is computed from the day this constitution takes effect.

/Article 145.  The Government/ of the Republic of Belarus acquires the rights and responsibilities specified in the present Constitution from the day that it goes into effect.

Article 146.  Within 2 months from the day the present Constitution goes into effect ' the president, parliament and Government form and organize the agencies specified in it in accordance with the procedure specified in the present Constitution, unless otherwise specified by part three of Article 143 of the constitution.

 

A.      Lukashenka, president of the Republic of Belarus Footnote

Adopted at the republic referendum of 24 November 1996 and, in accordance with Article 1 of the law of the Republic of Belarus 'Procedure of Implementation of the Constitution of the Republic of Belarus,’ took effect the day it was published.

 

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